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Articles by Nicola Ihnatowicz
Preventing misuse of Non-disclosure agreements: combating "a culture of silence and impunity"
What's the aim? The Employment Rights Act 2025 (the Act) states that any provision in an agreement preventing a worker from making allegations or disclosures about harassment or discrimination will be void. The foreword to the consultation points out that the measure aims to combat "a culture of silence and impunity". An agreement will include employment contracts, settlement agreements and COT3 agreements conciliated via Acas.
Building a workforce for the future
How can the government implement its housebuilding and infrastructure strategies with a skills shortage? Back in June, there was an inaugural meeting of the Construction Skills Mission Board (CSMB), which launched an industry commitment to recruit 100,000 more construction workers per year by the end of the Parliament. The CSMB has been set up to develop and deliver a construction skills action plan and to provide strategic leadership to the construction sector.
Five tips to help construction recruit and retain women
Nicola Ihnatowicz shares five steps that can help companies in the built environment make their workplaces more inclusive to women. According to the Office for National Statistics, only 15% of professionals in the UK construction industry are women. In a sector with significant labour shortage issues, how can recruitment and retention levels for this group of the workforce be improved?
Temporary Changes To Self-certification For Sickness Absence Original
UK: Temporary Changes To Self-certification For Sickness Absence 10 January 2022 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com.
Managing Conflicting Beliefs - Employment and HR - UK
To print this article, all you need is to be registered or login on Mondaq.com. Most employers these days recognise the importance of promoting diversity and inclusion in their workforce. Giving people the same opportunities to progress, teaching them to embrace difference and making it clear that discrimination and harassment of others will not be tolerated are all ways of contributing to a positive work environment. What happens though when conflicting beliefs come into play?
Will The Flexible Working Regime Be Changing?
To print this article, all you need is to be registered or login on Mondaq.com. Thanks to all those of you who responded to our recent flexible working survey. We received responses from 75 organisations across a range of sectors, which we fed into the government's consultation, 'Making flexible working the default', at the beginning of December. What is the government considering?
TUC Calls For New Rights For Those Working In The Expanding Gig Economy
UK: TUC Calls For New Rights For Those Working In The Expanding Gig Economy 06 December 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. TUC research suggests that 4.4. million people in England and Wakes work of gig economy platforms at least once a week. This represents 14.7% of working adults, which is an increase from 5.8% in 2016.
Acas Publishes Advice On
UK: Acas Publishes Advice On "Fire And Rehire" 06 December 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. Acas published an updated 'Advice on changing employment contracts' on 11 November. This follows its report back in June on the use of "fire and rehire" practices by employers seeking to force contractual changes on their employees.
Vaccinations To Become Mandatory For Front Line Health And Care Workers
UK: Vaccinations To Become Mandatory For Front Line Health And Care Workers 06 December 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The government has published its response to the consultation on 'Making vaccination a condition of deployment in the health and wider social care sector'.
Objective Justification And Disability
UK: Objective Justification And Disability 06 December 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Employment Appeal Tribunal (EAT) has held in Gray v University of Portsmouth that it is not sufficient for a tribunal to say that a respondent's objective justification defence is "obvious". This was in the context of the dismissal of an absent, disabled employee.
Strike Out For Non-Compliance
UK: Strike Out For Non-Compliance 06 December 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Employment Appeal Tribunal (EAT) has held in the case of Emuemukoro v Croma Vigilant (Scotland) Ltd that a tribunal is entitled to strike out a response when, due to the respondent's non-compliance, it is no longer possible to conduct a fair trial.
Disability: Cancer, Coping Mechanism And Impairments
UK: Disability: Cancer, Coping Mechanism And Impairments 06 December 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com.
Employee Suffering From Paranoid Delusions Did Not Have A Disability
UK: Employee Suffering From Paranoid Delusions Did Not Have A Disability 06 December 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Court of Appeal has upheld the tribunal's decision in Sullivan v Bury Street Capital Ltd that an employee who suffered from paranoid delusions that affected his timekeeping and attendance did not have a disability.
Extending The Mandatory Vaccination Requirement – What We've Learnt So Far - Employment and HR - UK
To print this article, all you need is to be registered or login on Mondaq.com. In record speedy time, the government has responded to the consultation on 'Making vaccination a condition of deployment in the health and wider social care sector'.
Updated ICO Data Sharing Code Of Practice Is Now In Force - Privacy - UK
UK: Updated ICO Data Sharing Code Of Practice Is Now In Force 23 November 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Information Commissioner's Office (ICO's) new version of its statutory data sharing code of practice (the Code) came into force on 5 October.
Changes To Medical Exemption From Covid-19 Vaccination
UK: Changes To Medical Exemption From Covid-19 Vaccination 18 November 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The operational guidance on the vaccination of people working or deployed in care homes has been updated to provide a link to the procedure to be used by an individual who needs to apply for proof that they are medically exempt from vaccination.
Fawcett Society Report On Sexual Harassment At Work
UK: Fawcett Society Report On Sexual Harassment At Work 18 November 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Fawcett Society has published a report, 'Tackling Sexual Harassment in the Workplace', which shows that at least 40% of women experience sexual harassment during their career.
The Budget: Employment Implications
UK: The Budget: Employment Implications 18 November 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Chancellor of the Exchequer, Rishi Sunak, announced a rise in national minimum wage (NMW) and national living wage (NLW) rates in his Budget speech on 27 October. The rise in rates will apply from 1 April 2022.
Flexible Working Survey - Employment and HR - UK
UK: Flexible Working Survey 06 November 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. Agile working is not only high on the agendas of employers at the moment, it's also the topic of a consultation, 'Making flexible working the default', which was recently issued by the government. What's the government proposing?
Employee Able To Proceed With A Victimisation Claim Concerning His Employer's Failure To Furlough Him
UK: Employee Able To Proceed With A Victimisation Claim Concerning His Employer's Failure To Furlough Him 05 October 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The tribunal has held at a preliminary hearing that an employee was able to proceed with a victimisation claim concerning his employer's failure to furlough him in Jimenez v Firmdale Hotels Plc.
Dismissal Of Employee Who Refused To Attend Self-isolating Manager's Home Was Unfair
UK: Dismissal Of Employee Who Refused To Attend Self-isolating Manager's Home Was Unfair 04 October 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The tribunal has held in Ham v Esl Bbsw Ltd that the claimant's dismissal as a result of his refusal to deliver equipment to his self-isolating manager's home was unfair.
Dismissal For Criticising Colleague In Relation To Protected Disclosure Was Not Automatically Unfair
UK: Dismissal For Criticising Colleague In Relation To Protected Disclosure Was Not Automatically Unfair 04 October 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com.
Guidance Published On Vaccination Of People Working In Care Homes
UK: Guidance Published On Vaccination Of People Working In Care Homes 14 September 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com.
Pay Protection And Reasonable Adjustments
UK: Pay Protection And Reasonable Adjustments 13 September 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Employment Appeal Tribunal (EAT) has held in Aleem v E-Act Academy that it is not a reasonable adjustment to protect pay permanently when disability means that a teacher can no longer teach.
A Couple Of Recent Decisions On Furlough And Redundancy
UK: A Couple Of Recent Decisions On Furlough And Redundancy 12 September 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. Two recent employment tribunal cases have provided helpful guidance on making redundancies during the operation of the Coronavirus Job Retention Scheme (CJRS).
Email Indicating Intention To Dismiss Employee Was Protected By Litigation Privilege
UK: Email Indicating Intention To Dismiss Employee Was Protected By Litigation Privilege 12 September 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com.
Government Responds To Consultation On Sexual Harassment In The Workplace
UK: Government Responds To Consultation On Sexual Harassment In The Workplace 09 September 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The government has published its response to the consultation on sexual harassment in the workplace and confirmed that it will introduce a duty on employers to prevent sexual harassment, as well as explicit protections from third-party harassment.
Regulations Mandating Vaccination For Care Staff Come Into Force On 11 November
UK: Regulations Mandating Vaccination For Care Staff Come Into Force On 11 November 09 September 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 have been approved by both Houses of Parliament and were made on 22 July.
Vaccination To Be Made Mandatory For Care Home Staff
UK: Vaccination To Be Made Mandatory For Care Home Staff 16 July 2021 by Emma Burrows (London) and Nicola Ihnatowicz (London) Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The government has published its response to the consultation it carried out into mandatory vaccination for workers in care homes with residents over the age of 65.
Employment Tribunal Quarterly Statistics Published For January To March 2021
UK: Employment Tribunal Quarterly Statistics Published For January To March 2021 16 July 2021 by Emma Burrows (London) and Nicola Ihnatowicz (London) Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Ministry of Justice has published the latest employment tribunal quarterly statistics. A total of 9,100 single claims were received by the tribunal in the quarter from January to March 2021. This represents a 13% decrease on the same period in 2020.
Dismissal For Raising Concerns About Lack Of Covid-Secure Workplace Measures
UK: Dismissal For Raising Concerns About Lack Of Covid-Secure Workplace Measures 06 July 2021 by Emma Burrows (London) and Nicola Ihnatowicz (London) Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com.
Dismissal Of Employee Who Had Concerns About Returning To The Office Was Not Unfair
UK: Dismissal Of Employee Who Had Concerns About Returning To The Office Was Not Unfair 06 July 2021 by Emma Burrows (London) and Nicola Ihnatowicz (London) Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. An employment tribunal has held in Accattatis v Fortuna Group (London) Ltd that the dismissal of an employee who expressed concerns about commuting and attending the office during lockdown and asked to be furloughed was not unfair.
Judicial Notice Should Have Been Taken Of
UK: Judicial Notice Should Have Been Taken Of "childcare Disparity" 06 July 2021 by Emma Burrows (London) and Nicola Ihnatowicz (London) Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com.
Lack Of Interim Relief In Discrimination Cases
UK: Lack Of Interim Relief In Discrimination Cases 06 July 2021 by Emma Burrows (London) and Nicola Ihnatowicz (London) Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com.
Gender Critical Belief Was A
UK: Gender Critical Belief Was A "Philosophical Belief" 06 July 2021 by Emma Burrows (London) and Nicola Ihnatowicz (London) Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Employment Appeal Tribunal (EAT) has held in Forstater v CGD Europe and others that the claimant's gender critical belief was a philosophical belief qualifying for protection under the Equality Act 2010.
Health And Safety Detriment Protection Extended To Workers
UK: Health And Safety Detriment Protection Extended To Workers 09 June 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 came into force on 31 May. The Order amends section 44 of the Employment Rights Act 1996 (ERA 1996).
Government Publishes New Guidance For Businesses On Tackling Loneliness Among Their Workers
UK: Government Publishes New Guidance For Businesses On Tackling Loneliness Among Their Workers 09 June 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Department for Digital, Culture, Media and Sport has published new guidance, 'Employers and loneliness', to address what organisations can do to tackle loneliness among their workers.
Acas Publishes Report On Estimated Costs Of Workplace Conflict
UK: Acas Publishes Report On Estimated Costs Of Workplace Conflict 08 June 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. On 11 May 2021, Acas published a report addressing the impact of workplace conflict on individuals and employers, and estimating the overall cost of workplace conflict to UK organisations. The report draws on data from a variety of sources.
An Employer Cannot Cure A Fundamental Breach Once It Has Been Committed
UK: An Employer Cannot Cure A Fundamental Breach Once It Has Been Committed 08 June 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com.
Queen's Speech: Employment Implications
UK: Queen's Speech: Employment Implications 08 June 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. There was no mention in the Queen's speech of the Employment Bill (which will, reportedly, be introduced "when the time is right"). However, a new Skills and Post-Education Bill 2021-22, which was mentioned in the speech, has now been introduced in Parliament (read below for further detail).
Dismissal For Refusal To Agree Changes To The Employment Contract During The Pandemic Was Unfair
UK: Dismissal For Refusal To Agree Changes To The Employment Contract During The Pandemic Was Unfair 08 June 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com.
Mutuality Of Obligation And Worker Status
UK: Mutuality Of Obligation And Worker Status 08 June 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com.
Acas Publishes Long-Covid Advice
UK: Acas Publishes Long-Covid Advice 12 May 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. Acas has published advice for employers and workers in response to the growing impact of long Covid in the workplace. It notes that the Office for National Statistics (ONS) estimates that over one million people have reported experiencing long Covid. The advice sets out symptoms of long Covid identified by the NHS.
No Jab, No Job? - Employment and HR - UK
UK: No Jab, No Job? 12 May 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The speedy rollout of the Covid-19 vaccine means that the question of whether employers can make vaccination mandatory for their staff has become more pertinent as the weeks go by. Currently about half the population in the UK has received at least one dose of the Covid-19 vaccine.
Select Committee Report Recommends The Creation Of Legislation To Strengthen Employment Rights
UK: Select Committee Report Recommends The Creation Of Legislation To Strengthen Employment Rights 12 May 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The House of Lords Select Committee on Covid-19 has published a report entitled, 'Beyond Digital: Planning for a Hybrid World' as part of its inquiry 'Living online: the long-term impact on wellbeing'.
Guidance On Calculating The National Minimum Wage For Sleep-in Workers Updated By BEIS
UK: Guidance On Calculating The National Minimum Wage For Sleep-in Workers Updated By BEIS 12 May 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Department for Business, Energy and Industrial Strategy (BEIS) has updated its guidance on calculating the national minimum wage (NMW) for the purposes of sleep-in shifts following the Supreme Court's decision in Royal Mencap Society v Tomlinson-Blake.
Long-term Effect Of Disability Must Be Considered As At The Date Of The Alleged Discrimination
UK: Long-term Effect Of Disability Must Be Considered As At The Date Of The Alleged Discrimination 10 May 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com.
A Step Closer To Foster Carers Getting Employment Rights?
UK: A Step Closer To Foster Carers Getting Employment Rights? 10 May 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com.
Dismissal Of Employee Due To Covid-19 Concerns
UK: Dismissal Of Employee Due To Covid-19 Concerns 10 May 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. An employment tribunal has held in Rodgers v Leeds Laser Cutting Ltd that the dismissal of an employee who told his manager he would not return to work until after lockdown because he was afraid that he would infect his children with Covid-19 was not automatically unfair.
Non Payment Of Allowance During Maternity Leave Was Not Sex Discrimination
UK: Non Payment Of Allowance During Maternity Leave Was Not Sex Discrimination 10 May 2021 by Emma Burrows and Nicola Ihnatowicz Trowers & Hamlins To print this article, all you need is to be registered or login on Mondaq.com. The Court of Appeal has held in Commissioner of the City of London Police v Geldart that a female police officer who was not paid a particular allowance during maternity leave did not suffer direct sex discrimination.
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