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Articles by Nick Hobden
Workplace Law - February 2024 - Employee Rights/ Labour Relations - UK
Welcome to February's Workplace Law. Over the next 3 months we will be sharing with you an in-depth, three part, video series on the anatomy of a Special Educational Needs and Disability (SEND) tribunal case. We are delighted to be joined by Gatehouse Chambers Barrister, Sara Ibrahim, for this video series. This month's video focuses on the types of claims that can be made in SEND tribunals. This month you'll also find a selection of articles.
The New Law On Carer's Leave Explained
New legislation regarding carer's leave will provide employees with a right to take a week's unpaid leave per year to care for a dependant. The new law is due to come into force on 6 April 2024. Below we outline what employers need to be aware of. The right will be provided as a day one right to employees. Employees will not be required to provide evidence or explain how leave will be used to employers.
Workplace Law - January 2024 - Employee Rights/ Labour Relations - UK
Welcome to January's Workplace Law. In this edition we will be sharing with you part two of our in-depth video focussing on an employee bringing an employment tribunal claim, what it means to bring a claim, the process, benefits, drawbacks and how we can help. This month you'll also find a selection of articles. We look at a recent case about how wide a waiver of claims by an employee in a settlement agreement can go. The paternity leave rules are changing from April 2024. We explain the new regime.
Constructive Dismissal: Will A Delay In Resignation Act To Affirm A Contract Of Employment?
Not on its own, found the Employment Appeal Tribunal in the case of Mr Leaney v Loughborough University. A delay in resigning can defeat a claim for constructive dismissal, but in this case an employee who waited over two months before resigning did not lose the right to claim. Employees can bring a claim for constructive dismissal where they are forced to leave their job where their employer commits a fundamental breach of their employment contract.
Charity Fraud Awareness Week – Managing Payments To Trustees - Charities & Non-Profits - UK
The concept of voluntary, unpaid trusteeship is one of the defining principles of the charity sector. Trustees are able however, to have certain expenses reimbursed to them using the funds of their charity. It is important that charities understand the rules surrounding making payments to trustees, to make sure that they are compliant with their legal duty to ensure the safety, proper use and accountability of their charity's money.
Charity Fraud Awareness Week – Avoiding Financial Irregularities - Charities & Non-Profits - UK
Trustees are under a strict duty to ensure the safety, proper use and accountability of their charity's money. This will be the case even where trustees have engaged a third party to manage finances. It is of paramount importance therefore that trustees seek to avoid any financial irregularities in their charity's accounts to uphold public trust and confidence in their charity and the wider charity sector.
The Implications Of The Autumn Statement For Employers And Employees
Chancellor of the Exchequer, Jeremy Hunt, presented his Autumn Statement in the House of Commons to Parliament on 22nd November 2023. In a recent article, experts from our Corporate and Employment teams reflected on what the Autumn Statements means for businesses in the UK.
Charity Fraud Awareness Week 2023 – Approaching And Preventing Cybercrime - White Collar Crime, Anti-Corruption & Fraud - UK
There is no doubt that cybercrime and online fraud pose a significant threat to the charity sector. 58% of charities reported cybercrime as a major risk to the charity sector, as per a 2019 report commissioned by the Charity Commission. A further 22% of charities believed that cybercrime posed a greater risk to the charity sector than any other. Trustees must ensure that they are equipped with the necessary tools to approach and prevent cybercrime.
What Does The Autumn Statement 2023 Mean For Businesses?
Chancellor of the Exchequer, Jeremy Hunt, presented his Autumn Statement in the House of Commons to Parliament on 22 November 2023. With much anticipation surrounding Mr Hunt's pledges in the current uncertain economic climate, many businesses across the UK will be pleased to see a focus on getting people back into work and boosting economic growth.
Getting The Most Out Of The Fit Note: Guidance For Employers
The Department for Work and Pensions has recently published updated guidance for employers and line-managers on 'getting the most out of the fit note'. We consider what has changed and provide a reminder of some key things to remember about fit notes. The Department for Work and Pensions has implemented several changes to the fit note in the last couple of years.
Workplace Law - September 2023 - Employee Rights/ Labour Relations - UK
Welcome to September's Workplace Law. This month we have a video about termination payments and articles looking at how Labour's plans to change employment law could impact employers, we examine the findings of an Employment Tribunal in two cases – one concerning share incentive plans and one involving dismissal by mutual consent. Finally, we explore what changes are coming in with regards to zero hours contracts.
Labour's Proposed 'New Deal For Working People' And What This Could Mean For Employers.
Ahead of the 2024 UK general election, the Labour Party has proposed radical reforms to the employment landscape, comprised of a 'New Deal for Working People'. This seeks to end the supposed cycle of "self-defeating low wage, low investment and low productivity", addressing concerns regarding the rising cost of living and strengthening protections afforded to workers.
Social Media In The Workplace
Social media is an increasingly popular and frequently used tool, often harnessed by employers to market their services and network with clients and referrers. As well as its potential for business development, social media is also used in a personal capacity by employees to share their thoughts and photographs with family, friends and other connections.
Workplace Law - July 2023 - Employee Rights/ Labour Relations - UK
In this month's workplace law we have a video where Nick Hobden and Jessica Wells discuss the new Employment Relations (Flexible Working) Act 2023, as well as a series of articles examining the rulings in a series of recent cases relating to dismissal, employment status and harassment. Our next HR Club will be held on 11 October, invitations to attend this virtual event will be going out soon.
Guidance On Dismissal - Charalambous v National Bank Of Greece [2023] EAT 75 - Employment Litigation/ Tribunals - UK
If an employer has concerns with an employee's conduct or capability, it is likely that the employer will have to initiate disciplinary proceedings. These can be difficult to navigate, particularly when there are sensitive issues at play. Employers will also be concerned to ensure that they follow a fair procedure, so as to avoid claims of unfair dismissal in the future from ex-employees.
How to implement a drugs and alcohol testing policy
Nick Hobden explains what construction companies need to consider before introducing a workplace drugs and alcohol testing policy. What is the best way to introduce a workplace drugs and alcohol testing policy? Drugs and alcohol misuse in the workplace may seem a sensitive subject, but with more than a quarter of employers disciplining a member of their workforce for drug and alcohol related abuse in the past two years, it is something more employers should be thinking about.
Factory worker was unfairly dismissed for not removing religious necklace, tribunal rules
A Christian factory worker was unfairly dismissed after he refused to remove his crucifix necklace at work, an employment appeal tribunal (EAT) has found. The Dundee employment tribunal heard that Mr J Kovalkovs refused to take off a necklace as it had a religious importance.
Harassment: a subjective test?
Claims in respect of unlawful harassment may be brought under the Equality Act 2010 in relation to conduct that is related to a protected characteristic. The statutory definition stipulates that it is unwanted conduct which violates a person’s dignity or creates an ‘intimidating, hostile, degrading, humiliating or offensive environment’ for another.
How can businesses avoid discrimination claims?
Discrimination is defined as treating someone differently and less favourably because of a protected characteristic. The protected characteristics are defined in the Equality Act 2010 and are: race, religion or belief, age, sex, sexual orientation, gender reassignment, marriage and civil partnership, and disability. Within employment, there are two types of discrimination; direct and indirect.
What can be done to combat discrimination in construction?
In 2021, HR software supplier CIPHR conducted a survey of 2,000 UK adults. More than a third of UK adults reported experiencing workplace discrimination and the most common form of discrimination reported was age discrimination. Young people appear to be particularly affected: 66% of students said that they had been discriminated against, either whilst in employment or when applying for a job. Sex, disability and race were also among the top types of discrimination.
Restructuring and redundancies: your questions answered
The easing of lockdown and the winding down of the furlough (CJRS) scheme on 31 October means that we could see many businesses looking to implement redundancies. Any restructuring and redundancy process is difficult for employers and employees alike.
Following Discrimination Laws While Furloughing Employees
As the coronavirus pandemic continues to cause unprecedented disruptions to businesses across the country, many employers have already taken advantage of the Government’s Coronavirus Job Retention Scheme (‘CJRS’). Below, Nick Hobden, partner at Thomson Snell & Passmore describes the intention of the scheme and how it works from a legal perspective.
‘The silent epidemic’ - Mental health in construction
14 May 2019 4 April 2019 The construction industry is an almost perfect example of the difference by which society, as a whole, perceives and treats physical and mental health. Physical health is of upmost importance, signs everywhere reminding people to wear the appropriate personal protection equipment, talks on safety at the site, details of manual handling and lifting techniques. But where is the discussion of mental health and its importance?
The Government’s Good Work Plan
21 February 2019 4 April 2019 Move over 2019, we’re already looking at April 2020! In December 2018, the widely-anticipated Good Work Plan was published, outlining the “Government’s vision for the future of the UK labour market”. The Plan signals the Government’s intention to legislate in accordance with numerous recommendations originally made by the Taylor Review, which reviewed and critiqued the UK’s Modern Working Practices in 2017.
World Cup 2018 Fever
Football fever has once again gripped the world with the advent of the World Cup – Russia 2018. The games kicked off on 14 June 2018 with the final whistle set for 15 July 2018. As is now customary, ACAS have produced an updated guide to employers (and employees) on surviving the World Cup. Ultimately, the goal is to strike the right balance between keeping employees happy but not getting caught offside.
Covert cameras and fingers in the till
Surveillance at work is a tricky issue. Employers need to protect their business and property, including against the risk of unscrupulous employees. The difficulty arises where this practical necessity comes up against data protection law and human rights. One recent case, and one old one, shows the developing approach to this area. In 2007 a German supermarket employee had been caught stealing from her employer by covert video cameras.
Shared parental leave for the self-employed
Shared Parental Leave (SPL) was introduced to the UK in 2015 and allows mothers going on maternity leave to split up the 52 weeks of maternity leave and 39 weeks of statutory pay with their partners. 33 of those weeks are paid at the Statutory Maternity Pay (SMP) of £140.98 with the leave being split in blocks of time. SPL currently only applies to employees, not those in self-employed roles.
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