It’s crucial to remember that the disciplinary procedure must be handled fairly and consistently and that the employer might need to speak with a lawyer to make sure employment legislation is being followed. Alternatives include informal dispute resolution, yet in some circumstances, formal disciplinary action may still be necessary. The code of managing workplace investigations and disciplinary procedures for firing employees will be covered in this blog. 

Disciplinary policy

One of the first considerations made when a company or organisation undertakes an investigation is whether any of the impacted parties should be suspended.

Previously, it was thought that taking this move would not present a significant legal risk if the contract’s terms were followed and the employee was still getting pay and benefits. Even better would be if the contract had a provision for suspension.

However, a few incidents in recent years have raised the possibility that things might not be as cut-and-dry as they seem. If it is determined that an employer arbitrarily suspended an employee, that employer may be found to have violated the implied contract of mutual trust and confidence, and the employee may be allowed to claim constructive dismissal.

Current ACAS advice

Acas made many substantial updates to their suspensions advice on September 8, 2022. It would be applicable to most businesses, but it is largely directed at “company owners” and includes some employee advise as well.

The amended guidance is significant because it outlines the principles by which any decision to suspend should be made as well as the preliminary actions that must be completed. In the event that the suspension needs to be reviewed by a court or tribunal, the ability of the employer to show that they had considered the suspension and made an effort to abide by its terms is likely to be favourable.

The following five significant steps in the decision-making process are examined in the advice:

• deciding whether to suspend someone;
• investigating the situation;
• evaluating the necessity of suspension;
• evaluating the options; and reaching a decision.

What stands out is how strongly the counsel exhorts the employer to regard the decision to suspend seriously and how heavily it emphasises the potential negative impacts of suspension on people’s mental health and wellbeing. There are repeated references to employers having to “seriously” evaluate each instance before proposing suspension, which they should do “only in some cases.”

Disciplinary procedure

Employers are warned not to “use suspension automatically” and that it is frequently better to avoid suspension at all costs. The guidelines underline the detrimental impact that a suspension may have on an employee, cautioning that it can be “stressful,” and advising the employer to “consider the wellbeing and mental health of anyone they’re thinking of suspending.” They should only suspend if “no other choice” is available, according to the clause. In the end, if the company chooses to suspend, they should “prepare what help they’ll provide” for the impacted employee.

Employees are entitled to “something greater” than that, according to Lady Hale in Gogay v. Hertfordshire CC, therefore it appears that the guidance is meant to tip the scales away from a “knee jerk” suspension decision (2000). It was formerly possible to consider suspension to be, at least on the surface, a “neutral act.” However, it has long been understood that this is simply not the case. The fact is that a suspension can have a major influence on a person’s job and perhaps even their future career.

Companies will never be advised to make a hasty suspension decision. Recent instances have amply shown how difficult the decision can occasionally be if it is contested.

A practical perspective on workplace investigation

This revised guidance from Acas undoubtedly indicates a significant shift in how suspension cases will be handled going ahead. It most certainly does not suggest that employers won’t be allowed to suspend employees while looking into a matter. When attempting to protect witnesses or preserve evidence, that is frequently the wisest course of action. It does, however, indicate that the suspension process should be meticulous and carefully considered.

Therefore, it is advisable for employers to put their actions in writing (if they are not already doing so) in order to decide whether to suspend an employee. This documentation should include the factors they considered, possibly with an explicit reference to the guidelines. This would operate as a helpful record to show that the guidance was considered and the decision was not made carelessly in the event that the decision to suspend was ever contested.

Disciplinary action 

Companies could also mention the steps they have taken to safeguard the mental health of the suspended employee. This would further establish compliance with the directive and support the employer’s claim that it continues to adhere to it.

<p>The post Managing workplace investigation and disciplinary procedures for employee dismissal  first appeared on Complete Employment Solicitors.</p>

British households are just halfway through a two-year cost-of-living crisis that has seen the average income decline by more than £2,000 in real terms, according to the most recent data. Rising inflation has had an effect on practically every aspect of life, from the cost of gas to the price of a loaf of bread, leading to a drop in mental health across the country. Employers have a critical role in this challenging economic environment. According to recent research, 34% of participants said that worrying about money was affecting their sleep and mental health, which in turn was having an influence on their performance at work. We’re looking at seven ways businesses might assist amid the cost-of-living issue with all of this in mind.

1. Pay a fair, living wage

The national minimum wage in the UK is currently £9.18 (as of January 2023), and the compulsory “national living wage” for workers over 23 is currently £9.50 (it will increase to £10.42 on April 1 this year). These are the legal minimum salaries that UK employers are required to offer. The “actual” living wage, however, is thought to be £10.90 in the entire UK and £11.95 in London. Currently, 11,000 UK firms have pledged to paying their staff the actual living wage, which is an amount determined to cover most people’s basic requirements, such as the weekly grocery buy or an unanticipated trip to the dentist. In addition to being the morally correct thing to do, paying employees a salary that enables them to live a respectable and dignified life has numerous positive implications on the company’s reputation and employee retention.

2. Give above-inflation pay rises or a one-off cost-of-living payment

About 5% of businesses with 250 or more employees have made one-time payments to help employees with increased costs since inflation started to surge. For specific objectives, like covering a normal electricity payment for six months, some organisations have provided these in installments, while others have done it as a flat sum. Instead, some businesses have chosen to offer pay increases that are higher than the cost-of-living increase, which for the majority of UK employees amounts to an additional 8%. In order to keep up with inflation, the typical full-time salary in the UK would have to increase to £35,640.

3. Offer financial well-being education

Recent statistics show that 39% of UK people lack confidence in managing their finances, and 11.5 million of us have savings totaling less than £100! Undoubtedly, this can significantly contribute to employees’ uneasiness and mental health problems. Therefore, organisations may find it beneficial to offer free financial well-being training and instruction. Sessions might cover topics including managing debt, contributing to a pension over time, and home budgeting.

4. Consider employee benefits and discount schemes

Employee discount programs are a terrific way for your team to save money while also attracting new hires and retaining existing ones. Such programs are particularly successful if they provide discounts for goods and services that employees frequently use, such as supermarkets or well-known high street stores. As an alternative, businesses can think about providing benefit packages including items like dental insurance, private healthcare, or reduced gym memberships.​

5. Provide free food or snacks

According to the most recent ONS data, food and non-alcoholic beverages were the biggest cause of price increases, with bread, cereals, milk, cheese, and eggs experiencing the greatest increases. Some firms are making efforts to lessen the added stress this is putting on families. For instance, UK stores John Lewis and Waitrose made news lately by giving employees free dinners throughout the Christmas season. As an alternative, some companies give complimentary fruit or baked products to eliminate the need for team members to purchase their own snacks throughout the workweek. For instance, every week we get complimentary supplies of fresh fruit here at Gleeson!

6. Offer mental health support

According to a recent survey, nine out of ten workers are worried about how the cost-of-living crisis is affecting workers’ mental health. This is understandable given that the UK’s total number of illnesses is estimated to be around 13%, with common illnesses like anxiety and depression accounting for a significant portion of those illnesses. Employee assistance programmes (EAPs), which may offer initiatives like fast-track access to counselling sessions without a GP referral, can provide mental health help. Along with this, it’s a good idea for businesses to focus on developing a culture where candid conversations about mental health are welcomed and where staff members feel confident approaching HR for a confidential discussion of any financial worries.

7. Embrace flexibility

For some workers, the expense of commuting may be placing an unnecessary strain on their budget. Others may find that working from home and turning up the heat increase expenditures, and for parents, the cost of childcare may also be adding to the strain. Some of these worries can be reduced by allowing employees to keep flexibility over their work schedule. For instance, most of our team members at Gleeson opt to work a hybrid schedule, which allows them to finish their core hours whenever they like between the hours of 7am and 7pm. Employees are able to select the working arrangement that is most affordable for them thanks to this.

Ultimately, employers offering assistance during the cost-of-living crisis may be tricky at a time when businesses are also facing financial difficulties themselves. With organisations also seeing increases in rent and other bills, supporting employees whilst remaining profitable may prove a difficult balancing act. Although almost no businesses will be able to offer all of the initiatives outlined above, even one could make a huge difference – simply by demonstrating a commitment to help team members during difficult times, businesses are helping to create a culture in which such concerns are addressed out in the open and the stigma surrounding financial worries is reduced.

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<p>The post How can employers help relieve the strain of the cost of living crisis? first appeared on Complete Employment Solicitors.</p>

The employee who was terminated may be able to file a claim stating that the termination was unfair and/or discriminatory if the redundancy is not genuine, the proper procedure is not followed, or the reasons for the employee’s redundancy are unjust.

What exactly is a real redundancy?

Only if there is no longer a necessity for a position, should an employee be let go. An unjust dismissal would be one that is not recognised as a real redundancy.

The following are some common ways that redundancy occurs:

Work performed by the impacted employees is no longer necessary since there is no longer a business necessity or new processes have been established; workplace closure; business relocation; the task being done by others; or the business being transferred to a new employer.

Workers cannot be terminated due to their own behavior or interactions with coworkers, yet some behaviors may make them candidates for termination.

Employers should have tried every other viable alternative before deciding to make redundancies. This would entail taking new work arrangements, such as part-time employment, into consideration. Employers must be careful not to take other actions that would negate a genuine redundancy situation. For instance, hiring new employees in one area while conducting a redundancy exercise in another, or only laying off one worker when the workforce is sizable, could lead to complaints that the redundancy is not genuine.

An employer must choose which workers from a redundancy pool are to be laid off, assuming that the reasons for the layoff are valid and that the pool was fairly chosen. The grounds for terminating an employee must adhere to certain criteria in order to be deemed fair.

The redundancy pool

The group of workers who face redundancy is known as the redundancy pool. This could involve just one worker in some circumstances or the entire workforce. In other situations, it might be a particular project team or staff member with a certain job title. The pool will be determined by the causes of the layoffs and the positions that are no longer needed.

Since the redundancies themselves may be contested if the pool’s composition is unfair, choosing the redundancy pool takes careful analysis.

Employers have the option of laying off every member of the redundancy pool and asking them to apply for new positions within the company. As an alternative, the employer could decide which workers to hire. 

What is the just cause for redundancy?

Among the justifications for redundancy are:

• history of punctuality and attendance abilities and experience
• performance status criminal record

The amount of time a person has worked for a company may also be a factor in redundancy decisions, although caution should be exercised because a last-in, first-out policy, for instance, can be considered age discrimination if it primarily impacts younger staff. So, length of service should not be the sole factor in determining whether an employee is laid off, and companies must be able to justify its inclusion. The credentials of a worker may also be taken into consideration, but they cannot be the only factor in redundancy decisions.

Fundamentally, an employer must operate impartially, consistently, and fairly while evaluating the causes of redundancy. Subjective justifications won’t be accepted as legitimate redundancy grounds. On the basis of written documentation, such as medical records, performance reviews, and disciplinary records, the aforementioned factors can all be evaluated objectively.

Normally, a list of requirements or justifications is created, and the employer evaluates the impacted employees based on each of them. The redundancy pool must be graded equally for everyone in order to be fair. The personnel chosen for redundancy will be those with the lowest score. It’s crucial to have at least two persons decide each employee’s score, and they should be familiar with the pertinent employee and their performance.

Be aware that employees have the right to request a copy of their score and an explanation of it. Therefore, it is essential that the employer be able to defend the reasoning for their choice. An employment tribunal will not declare a redundancy to be an unfair dismissal merely because of a disagreement, provided that the employer followed the correct procedure and acted impartially and objectively. However, an employee may disagree with the scoring and may challenge the redundancy as a result.

However, it would not always be simple to use these justifications for redundancy, therefore discrimination issues need to be taken into account. An employee with a disability could be subjected to discrimination, for instance, if a redundancy decision is made based on performance or sick leave.

Automatically unjust justifications for layoffs

Companies are prohibited from laying off workers for the following reasons:

• pregnancy
• age, gender, sexual orientation, gender reassignment, disability, religion or belief, marriage, civil partnerships, and situations in which an employee has requested a statutory right, such as minimum wage, maternity leave, or yearly leave, or taken health and safety action;
• the employee being a member of a union, a union representative, or an employee representative;
• working part-time or under a fixed-term contract; and the whistleblowing. 

When an employee is let go for one or more of the aforementioned reasons, the dismissal is automatically judged unfair. These justifications cannot be used, in whole or in part, to fire an employee due to redundancy. Employees who fall within the aforementioned categories may still be let go as long as the reasons for doing so are justifiable and the applicable unfair cause is not taken into account when choosing which employees to let go.

When identifying personnel at risk of redundancy, care should be taken to ensure that clear, objective, and fair selection criteria are consistently applied. Employers should also consider situations that could give rise to claims of automatic unfair dismissal, such as when a worker is let go soon after becoming a union representative or after returning from maternity leave, when a worker has previously argued for the right to minimum wage and is chosen for redundancy while other workers who perform a similar job are not.

Also, the reasons for redundancy should not be personal, such as a line manager’s dislike of a particular person or a worker’s lack of participation in social activities. Employers are recommended to take into account any indirect discrimination-related factors as well, since these will also be seen as unfair redundancy-related factors.

 Appeal for dismissal 

An employee who feels that the redundancy process or the reasons for their redundancy were unfair may seek to appeal against the redundancy decision.

As an employer, you can accept or reject an appeal. If you accept their appeal while they are still employed, you can offer them back their job and they will continue in employment under their original contract of employment.

If you accept their appeal once their employment has terminated, they can return to work on their original contract of employment and must be paid for the period that they were not working although they must also repay any redundancy payments made to them.

If you choose to reject their appeal and proceed with their redundancy, an assessment should be conducted to understand the risk of a claim being brought. Employers are recommended to take into account any indirect discrimination-related factors as well, since these will also be seen as unfair redundancy-related factors.

Employment tribunal claims and compensation 

Affected employees may file an unfair dismissal and/or discrimination suit against the employer in an employment tribunal if they believe their redundancy was unfair.

An employee must have two years of continuous employment with the employer in order to be eligible for compensation for unjust discharge.

It’s important to note that allegations of automatic discrimination or unfair dismissal are exempt from this condition.

The employee will be entitled to a basic award payment from the employer and may also be eligible for a compensatory award payment if an employment tribunal determines that there was an unjust dismissal.

Since the employee cannot earn the basic award and redundancy compensation at the same time, they are not eligible for it if they have previously received statutory redundancy pay. With a cap on the amount, the compensatory award seeks to restore the employee to the situation they would have been in if they had not been unfairly fired. Currently, this is the lesser of £88 519 or 52 weeks of gross pay. Additionally, the impacted employee must demonstrate that they have made an effort to lessen their loss, such as by seeking for another work.

The employer will be forced to pay a discrimination award if the employment tribunal determines that there has been discrimination. This sum may also include money to make up for emotional harm; there is no cap on it. As a result, doing this can be expensive.

Avoiding allegations and risk of redundancy 

The most straightforward way for an employer to prevent claims of unfair dismissal is to make sure that the redundancy grounds are justifiable, fair, and objective, and that the proper redundancy procedure is followed. When choosing a redundancy candidate, a reason should not be taken into consideration if there is even a remote possibility that it could be viewed as directly or indirectly discriminatory, unfair, or subjective.

Important details for employers include:

• Use only rational, explicable, and verifiable causes for redundancy, and consistently and fairly evaluate each employee in the redundancy pool;
• retain written records of all discussions and decisions pertaining to the grounds for redundancy, how these were determined, and how staff members were evaluated in light of them;
• ensure that all employee records are kept up-to-date and include sufficient detail, for example, sickness records and disciplinary records;
• Follow any documented redundancy procedures you have in place and utilise any selection criteria specified in those procedures; make sure the individuals involved in the evaluation process are familiar with the affected employees and have a direct involvement in their job;
• make sure the entire redundancy procedure is conducted honestly and correctly;
• It’s important to keep in touch with the affected personnel over the full redundancy process. Make sure to give them as much information as you can, and to explain the decision-making process at each point;
• establishing an appeals process to allow unhappy workers to voice their complaints and contest the redundancy decision;
• Ensure that your redundancies are real and get legal counsel as soon as you can, preferably before the redundancy process starts.

Get help with the redundancy process

The employment attorneys at Clarity Simplicity can assist with all facets of the redundancy procedure, including guidance on fair reasons for redundancy and how these affect the fairness of the redundancy selection process. We provide thorough advice on minimizing the legal risks of terminating employees, including more complex scenarios involving furloughed workers and structuring settlement agreements, in close collaboration with our HR specialists. Speak to our professionals for guidance and assistance.

FAQ for redundancy process

What is the just cause for redundancy?

Fair redundancy justifications must be quantifiable, measurable, and objective. For instance, performance and disciplinary history, abilities and experience, skills, and attendance history are all taken into consideration as justifications for redundancy. Qualifications and service history may also be taken into account.

Do you have an explanation for the redundancy?

Absolutely, employers must be able to articulate and defend their decisions to lay off workers. If the employee feels that these are unfair, they may appeal the decision or file a claim with the employment tribunal accusing the employer of discrimination or unfair dismissal.

What standards apply to redundancy?

A real redundancy requires that the position no longer be required. This typically results from a downturn in a company, the closure of the workplace, relocation, someone else taking over, the introduction of new procedures, or any of the aforementioned factors.

<p>The post Three issues to consider while determining the fair reason for employee redundancy first appeared on Complete Employment Solicitors.</p>

This right applies to:

• The father of a pregnant woman’s child;
• The spouse, civil partner, or partner of the pregnant woman;
• The intended parents in a surrogacy scenario (who satisfy certain requirements).

Those who qualify can take time off for a maximum of two visits, each lasting 6.5 hours. The time taken off to attend an appointment does not explicitly grant the right to compensation. But, an employer might decide to use its judgement, or there might be a legal requirement.

Will the partner’s ability to take time off work for prenatal checkups be contingent upon their employment for a predetermined amount of time?

It is significant to remember that employees have the “day one” right to unpaid time off to attend prenatal visits. Conversely, agency workers will need to meet a qualifying term requirement.

If an employer refuses to allow an employee to attend prenatal appointments, the employee may be able to file a claim in the Employment Tribunal.

Does the partner need to present any proof?

If an employer so desires, they may request a signed statement that states:

• That the worker has the necessary connection to a woman who is pregnant or the child she expects;
• That the worker’s leave of absence is being used to accompany a pregnant patient to an antenatal checkup;
• That a registered nurse, registered midwife, or registered medical professional advised scheduling the visit; and/or
• The appointment’s time and date.

<p>The post The right of partners to attend prenatal appointments Scotland solicitor first appeared on Complete Employment Solicitors.</p>

Four-day work week UK trial 

On the four days of the week that they were working, some of the companies participating in the study did extend the working hours for their employees. This is not the objective for many four-day working week purists. Employers who took part in the trial also stated that occasionally, work required to be completed on non-working days. In order to accommodate the four-day workweek, at least one participating enterprise had to hire more employees for a certain area of their operation.  

The trial’s findings are, for the most part, encouraging and shed light on some of the genuine advantages that could possibly follow from the adoption of a four-day workweek. A four-day work week becoming the standard through legislation, however, seems implausible at this time. Although it wasn’t particularly about a four-day working week, the Government’s statement in its December 2022 response to its flexible working consultation that “there is no one-size-fits-all approach to work arrangements” does give some insight into the Government’s overall stance.

The Employment Relations Bill for a four-day week

Employees who have 26 weeks of continuous employment or more may request flexible working arrangements under the law. The Employment Relations (Flexible Working) Bill proposed by the government would grant the right to request flexible working from day one. Employers may only reject a request for flexible working hours for one of eight allowed business grounds. Employers may observe employees citing the trial’s findings in support of any requests for flexible working arrangements involving a four-day workweek. However, employers will still be able to reject the request if one of the business reasons makes it appropriate.

The Success of the Shorter work week

One thing to watch out for is whether the outcomes of this experiment have a greater influence on the decisions that employers make. The vast majority of businesses participating in the largest four-day workweek trial in history chose to keep using the new schedule, which has been welcomed as proof that it might be successful across the UK economy.

Conclusion

The growing global campaign for a shorter workweek and better work-life balance has gained significant momentum, with businesses around the world embracing the idea of a four-day workweek. In the United Kingdom, a recent trial involving 61 organizations showcased the potential advantages of this alternative schedule. Surprisingly, 56 of these companies have decided to continue implementing the four-day workweek, with 18 even considering making it a permanent arrangement. The trial’s findings revealed remarkable benefits, such as reduced stress levels, improved sleep quality, and a simpler way to balance work and home duties. Additionally, there were fewer sick days taken, and there were 57% fewer staff departures than at the same time last year, demonstrating increased productivity and employee satisfaction. As part of the broader four-day week campaign, the United Kingdom’s trial has become a notable example of the positive outcomes that can be achieved through a shorter workweek. Amidst the ongoing pandemic and its impact on working hours, the concept of a four-day workweek has gained traction as a potential solution to promote well-being and better work-life balance. With organizations and campaigners taking part in advocating for a four-day workweek globally, the trial’s success in the United Kingdom further supports the idea that a shorter workweek could be instrumental in creating a more efficient and fulfilling work environment.

Contact our employment team on 0808 178 7292 to know more.

<p>The post Is the United Kingdom getting closer to introduce a four-day work week? first appeared on Complete Employment Solicitors.</p>

Employees may be able to resign and file a claim against you in front of an employment tribunal if you, as the employer, do something that violates the provisions of an employment contract. A constructive dismissal claim is what this is.

Serious breaches of an employment contract include, for example:

• Any type of prejudice
• Bullying
• regularly breaking payment agreements without justification
• failing to address a complaint made by an employee
• Without consent, a change in working hours or the location of the office

How Much Compensation Could an Employee Win for a Constructive Dismissal Claim?

Would having to pay a constructive dismissal lawsuit settlement of up to £93,878 put a strain on your company’s finances?

Given that it’s a question that the employee is considering, your UK company should give it some thought. How much money do you get back for a wrongful termination? Employees are qualified for the following basic award:

For each year of employment after the age of 41, one and a half weeks’ pay; for each year of employment between the ages of 22 and 40; and for each year of employment before the age of 22, half a week’s pay.

Is there a limit on constructive dismissal compensation?

Text – Briefly, yeah. Employees are only eligible to receive a basic award payout of a maximum of £17,130.

It’s also important to keep in mind that starting on April 6, 2022, the usual weekly gross salary for your employee at the time of their dismissal will typically be used to calculate the redundancy payout. This reaches the £571 upper limit.

Does constructive dismissal have a maximum limit for the compensatory award?

Text – After determining the amount of the employee’s basic award, the committee will go on to the compensating award.

This part of the compensation for constructive dismissal pays former employees according to the damages they suffer as a result of their employer’s conduct.

Loss categories include:

• lost wages in the past.
• Loss of future wages.
• loss after loss.

Wage losses account for benefits like the company car, health coverage, and other employee perks. Even if the payments were discretionary, the employee may still claim any commission or incentives they received. There is some room for discussion because future losses are always speculative, but other losses are not, and when added together, they represent a sizable sum. The maximum prize one can receive is a year’s salary. 

The maximum compensation amount for constructive dismissal is limited by statute to £93,878. Any employee making more than this in a single year—for instance, £94,000—will not be eligible to win more than this maximum. Instead of replacing the basic prize, a compensatory award is given in addition to it.

You may easily spend more than £120,000 after taking into account the rewards, legal fees, travel expenses, and other charges.

How Can I Avoid Paying Out Constructive Dismissal Compensation?

Text – It just requires being on top of things. All you can do as an employer is reduce the likelihood that a claim will be made. Know every clause in the contracts you have with your workers, and if necessary, ask for a free contract review. To keep compliant with the law, make sure your rules and processes are updated frequently.

Avoid taking any measures that can enrage any employees to the point that they believe their only choice is to quit their jobs.

The basic award and the compensating award may still be changed by an employment tribunal. This is frequently the case if it is determined that your ex-employee contributed to the problem by their behavior or if you, as the employer, can prove that the correct procedure has been followed.

Get legal advice for unfair dismissal from our solicitors at Clarity Simplicity 

There are calculators that can help you estimate how much you must pay in constructive dismissal compensation. To get assistance, advice, and tribunal representation, we encourage you to speak with a Clarity Simplicity expert.

Get more information on how to make your employment contracts impenetrable by calling 0808 178 7292 right away.

<p>The post What compensation could you receive with a successful constructive dismissal claim? first appeared on Complete Employment Solicitors.</p>

We’ve seen instances in the media of people being “outed” for making racist remarks online by anonymous bystanders who were able to locate their LinkedIn profiles and then get in touch with the appropriate businesses to demand that the employee in question be fired. Sadly, this is not brand-new. What can a group do, though, if it wants to show that it opposes racism and discrimination in these circumstances?

Why should employees take disciplinary action?

The way a company handles situations like this communicates a lot about its ethos and culture. Not only is it morally right to take a clear stance against racism and discrimination, but it can also boost employee trust in the company, helping with both staff retention and recruiting quality candidates. Additionally, if the person is recognised as an employee of the company, this could harm the company’s reputation in general and its relationships with staff members, clients, and customers. A good example can discourage others from using racist language online.

Can you discipline employees for personal social media posts?

Even if this occurs outside of work, depending on the posts in question and the surrounding circumstances, this may be regarded as misbehavior and/or as a problem for the organization’s reputation, both of which may call for disciplinary action (including dismissal).

However, it’s crucial to follow a fair procedure, investigate the incident thoroughly, have proof of the posts’ content, audience, and reach (for instance, the number of impressions a post received to show the potential harm), and most importantly, give the employee in question a chance to present their defence and any mitigating circumstances.

Is it appropriate in workplace circumstances? 

For an employee’s behaviour outside of work to be the foundation for a fair dismissal, it must affect (or at the very least be capable of affecting) the employee’s employment or the employer in the absence of explicit contractual duties banning such behaviour.
 
The employer’s ability to be determined from the posts is the first link connecting the employee’s behaviour to their work and employer. This might be the case if the employee has made it clear on their social media profiles who they work for or if the employer has been informed about the posts by another person.

A risk to the organization’s reputation would be indicated if the posts are entirely public, for instance on Twitter or on websites like Facebook or LinkedIn where coworkers, clients, or customers can view them. 

When looking into these cases, the employer may also take into account pressure from other parties (such as customers, suppliers, or other employees) to discipline the employee. Please be aware that tracking employees’ online activity raises sensitive data protection and privacy concerns.

Employers must make sure that disciplinary action is appropriate and takes into account all relevant factors. Regardless of their intentions, employers are more likely to lose an unfair dismissal case if they do not follow a fair procedure when firing an employee. This could result in them being liable for a year’s wage (with a 25% increase for breaking the ACAS Code), in addition to the significant legal fees required in fighting such a claim. 
Nevertheless, a tribunal can consider contributory behaviour, which in some cases could result in a reduction of the award to zero even though the disciplinary procedure used was unfair.

How would an Employment Tribunal assess the case?

The “range of reasonable responses” test is typically used in cases examining whether a dismissal on the basis of behaviour outside of work was fair.

Employers must take a proportionate view of all the circumstances in order to pass this test. Considerations that are appropriate include:

• What was the behaviour in question in the posts? Could that be considered a crime?
• Think about how the organisation will be affected, as opposed to the employee in question.
• Has the staff been made aware of the organization’s position on issues related to equality? Are contracts, policies, and training explicit on this?
• Exist aggravating or mitigating circumstances?

Making it easier to manage these issues 

A clear policy that defines posting or sharing racist or other forms of discriminatory content on personal social media accounts as serious misconduct can make it much easier to defend disciplinary action.Employers should continue to take a consistent stance on these issues while also maintaining that the overall response will need to be appropriate.

It is crucial to make it obvious to employees throughout training that the employer has a zero-tolerance policy for racism, discrimination, and harassment.Describe the causes of something and its effects.

Further Information

Please get in touch with us at 0808 178 7292 if you require help on any of the subjects discussed in this blog.

<p>The post Employer Imposing Disciplinary Measures in the Workplace on an Employee for Discrimination and Misconduct in posting racist comments online first appeared on Complete Employment Solicitors.</p>

1. Obtain copies of your contractual documentation

If necessary, check your files to see if you have copies of the following documents::

• Employment/service agreement contract
• Agreement on intellectual property and confidentiality for the EMI share option program
• Scheme for Restricted Share Units
• agreement among shareholders
• any unique commission, bonus, etc. arrangements.

Ask your employer’s human resources department to send you the documents if you don’t already have copies of any of them and they are pertinent to your work status.

These agreements will play a significant role in the talks over your exit compensation with your company and will be crucial in identifying your contractual rights and obligations as an employee or senior executive. For instance, if your employment contract (or any other documents) contains a “non-compete” clause, you might want to consider negotiating a waiver for this clause post the settlement agreement.

2. Prepare yourself properly for the severance package negotiations

You should take the following actions as soon as you can:

• Obtain copies of the pertinent documents listed above as well as your employer’s settlement offer, whether it be a settlement plan or a settlement agreement, as part of the exit package.
• If it is appropriate, talk to your partner about how you feel about the ex gratia offer and ask for their advice on what you should do.
• If you can, speak to previous and present coworkers to find out if your employer has a typical separation package or bargaining approach that they use.
• Seek official or informal legal advice about your specific circumstances and the best course of action.

3. Make a list of your requirements for the settlement agreement

Choose the financial range and breakdown of the exit package that you are willing to accept. Typically, you want to be compensated the following amounts under an agreement:

• Your notification payment (whether substituted, while on vacation, or otherwise)
• Your accumulated but unused vacation time
• if there is a scenario of redundancy, statutory redundancy pay
• Additional contractual obligations that you owe money on (like commission, bonus, etc.)
• Compensation for termination of employment (this can be paid to you up to £30,000 tax-free; any amount over £30,000 will be subject to tax but not the employee’s national insurance; however, your employer will pay national insurance contributions on any amounts over £30,000)

The major ‘battleground’ for an exit package is often how much money you will get paid if you leave your job. This is often between one month’s gross salary and four months’ gross salary, although depending on your circumstances, it may occasionally be lower or higher. My standard recommendation is to put your “best foot forward” with your initial offer (i.e., offer the most you believe you are legitimately entitled to) with the understanding that this amount would inevitably be reduced after negotiations with your employer. However, this does not apply to all situations.

4. Decide what additional benefits you’re seeking to negotiate a severance package

Some clients want to attempt and negotiate additional advantages into their exit package in addition to financial compensation; these can include (but are of course not limited to):

• Paying for training expenses; making contributions towards outplacement fees;
• letting you keep your mobile phone, laptop, and/or mobile number from your previous employer;
• extending the duration of your medical insurance coverage, or
• allowing you to continue using your business car.

Again, at the start of the negotiations, you should express your desire to receive these perks.

It may also be a good idea to confirm that you will continue to be protected by the directors’ insurance policy of the company from which you are departing if you are a registered director of that company.

5. Choose your negotiating strategy carefully

According to my experience, it is almost always preferable to start a negotiation with a “softly softly” strategy. Being polite, succinct, and clear are your friends when dealing with third parties; going into the negotiation with an aggressive mentality will, unless the circumstances are extremely exceptional, not only potentially alienate the person you are negotiating with but may also harm your credibility. According to my experience, it is usually a good idea to start off with the “softly, softly” approach because you can always get “punchier” at a later point in the discussions if you feel the need to.

6. Draft an employment reference and departure announcement that you’re happy with

A crucial factor in their leaving for many top executives is having agreed “messaging” upon termination, and this is typically true for the company as well. Therefore, it is wise to attempt to design and agree on the language for a joint announcement early in the negotiation process, as well as the language for the reference that your employer will provide to potential employers upon request.

Normally, I would advise you to create a reference and announcement that you are comfortable with early in the negotiation process and send it to your employer as soon as it is feasible and suitable.

7. Try and deal with somebody in a position of authority when you negotiate your severance package

If you know the people who are deciding your settlement agreement (which, if you are an executive, is quite often the case), it is almost always a good idea to see if you can speak to them directly about it. Negotiating an exit package with your employer can frequently be as much political as it is legal.

8. Carefully review the settlement agreement you’re sent

Check that the settlement agreement you’ve received incorporates the heads of terms that have been agreed upon with your employer and that the terms of the settlement agreement as a whole reflect the tone and content of the exit package negotiations to date. This may seem like a simple thing to write, but it is crucial.

9. Take specialist legal advice from an employment solicitor

You might not be shocked to learn that a professional employment lawyer advises the employee to see a specialised employment lawyer regarding the settlement agreement. To start your discussions off well, it is nearly always a good idea to at least receive some preliminary guidance from a qualified employment attorney for the following reasons:

Specialists know what to search for and where to seek it, and they have the breadth and depth of expertise and information you need to receive the best settlement offer from your employer; Your employer will require you to consult with a qualified attorney to obtain legal advice on the terms and implications of the settlement agreement. If you are required to do so, it is advisable to consult with an attorney who specializes in the area in question. Your employer will almost always contribute to your legal fees, so they frequently pay for the cost of receiving specialist advice on your agreement.

10. Know how far to push your employer on the exit package

Knowing when to push back and how hard to press is a crucial bargaining skill. Continued pushing the (negotiation) envelope can frequently be detrimental to the negotiations as it may result in the withdrawal of the settlement agreement offer (this is, in my experience, uncommon but possible), an increase in legal fees, and a potential deterioration of your relationship with your employer. For instance, you might perceive starting ACAS Early Conciliation as an effort to improve your leverage in the discussions, but your employer would interpret it as a hostile gesture. You must compare the advantages and drawbacks of each option.

<p>The post How to Negotiate a severance package and exit package – top 10 Tips first appeared on Complete Employment Solicitors.</p>

The “Great Resignation” was the major workplace event of 2021. After a Deutsche Bank examination, it was discovered in the UK that the number of resignations has increased to its highest level since 2009. Regarding the Great Resignation’s origins, one theory focuses on how flexible working practices spread throughout the pandemic. The forced shift to remote working gave employees access to opportunities they hadn’t had before. Employees began to be prepared to leave their current employment for those that gave more freedom in order to have access to additional or better responsibilities.

This change in working attitudes was reflected in the government’s consultation paper on the proposed changes to the flexible working regime, which was published on September 23, 2021. The ability to make flexible requests from the start of employment and the lack of a request cap are important recommendations.

The government is investigating ways to make flexible work schedules stronger in light of this, and some employees are prepared to transfer roles in order to have greater flexibility. All of this will have an impact on the job market. Time, effort, and resources are required for talent acquisition and retention.

What flexible employment options should firms consider in order to attract, keep, and promote a diverse and stable workforce?

Advantages and disadvantages of flexible work hours for the employer

Four-day work flexibly 

The idea of a four-day workweek is not new, but the trend for shorter workweeks has gained traction since the pandemic. On a six-month trial plan, 4 Day Week Global is actively collaborating with others. Participants are required to sustain 100% production at 80% of the customary time, with no effect on compensation, according to the pilot.

There are perceived benefits in countries like Iceland where similar tests have been carried out, despite the fact that the trial’s results are not yet known. A four-day workweek without a pay cut may be a tempting solution for people seeking more flexibility in their workweek, notably parents and carers who will be better able to balance their duties.

This paradigm can enable all workers, including those with disabilities, to focus on their health, whether that entails reducing commuting time, exercising at times when it is more acceptable in society, or attending crucial appointments.

However, other organisations, particularly those in service-based industries where, for example, clients might not be ready to deal with a supplier who works a four-day week, have questioned the feasibility of such a model.

Remote work productivity

Some claim that full-time remote employment improves work-life balance for some employees and saves firms a lot of money on overhead costs like office space. Staying at home and skipping the drive can give you more flexibility when attending medical appointments, more time for socialising with loved ones, better opportunities for exercise at suitable times, and a better method to fulfil your parental and caregiving duties. Although socioeconomic class and ethnicity are typically intertwined with geographic factors, remote work has been seen as giving people with previously limited employment options more options. However, it won’t be suitable for all workplaces.

Hybrid workplace

Not every employee wants to work entirely remotely or return to the office in its entirety. According to data from the Office for National Statistics, 85% of working persons who worked from home at the time preferred a hybrid working environment. Some of the younger demographic may enjoy returning to the office to learn from and meet colleagues while utilising the benefits flexibility brings, whereas the older demographic may appreciate the chance to share their knowledge with those moving up the ranks while reducing their commute days. Some contend that adopting a hybrid strategy will aid companies in fostering stronger teamwork and better instilling their values among workers of all ages.

Benefits of Flexible working

Deloitte will enact a flexible public holiday policy that will provide UK workers the option of taking public holidays as annual leave at any time. If it were possible to observe public holidays that are closely connected to the UK/Christian calendar at other times of the year, say during another faith festival, a more diverse workforce might be attracted.

Not all business models lend themselves to flexible working arrangements, but when they do, employers ought to take some flexible initiatives into account. These programs might go a long way towards encouraging an inclusive and diverse workforce while also drawing in and keeping top talent.

Flexible holiday

A flexible public holiday policy will be implemented by Deloitte, allowing UK employees to choose when to take public holidays as annual leave. A more diversified workforce may be attracted if it were possible to observe public holidays that are closely tied to the UK/Christian calendar at other times of the year, say during another religion festival.

While not all business models are suitable for flexible working arrangements, employers should take certain flexible initiatives into consideration when they are. These initiatives may go a long way towards attracting and keeping the best talent as well as fostering an inclusive and diverse workforce.

<p>The post Recognizing the benefits of flexible work hours for productivity in the workplace and work-life balance first appeared on Complete Employment Solicitors.</p>

We suggest you get independent legal advice from employment law advisers to know more about the contract of Employment and employment rights act. In order to assist you, we have put together the blog below to address these questions and clarify some of the procedures related to settlement agreements. We encounter these inquiries frequently in our field of work.

Why do you need a solicitor for a settlement agreement?

Legal counsel is required while negotiating a settlement agreement; otherwise, your settlement agreement will not be enforceable.

You must get expert legal counsel because a settlement agreement is a legally enforceable contract between you and your employer, eliminating your right to file a lawsuit against them.

In addition to being a legal requirement, getting assistance from settlement agreement lawyers can help you cope with an already challenging circumstance and ensure that a favourable agreement can be reached.

You should seek legal counsel before signing a settlement agreement for the following top three reasons:

1. The agreement is not legally binding unless legal advice is present

Laws are in place to protect employees from giving up their rights without completely knowing them, and if you sign a settlement agreement without a legal advisor present, you risk not fully comprehending the employment-related claims and provisions, which could make your settlement agreement unenforceable.

2. Settlement agreement employment solicitors can help you to achieve the best outcome

You may be presented with a settlement agreement from your employer that has a variety of various conditions and offers. Your settlement amount can be determined by working with a settlement agreement lawyer, who will take into account your annual income, monthly take-home pay, notice period, and factors that led to the termination of your employment.

3. Avoid unnecessary taxation on legal fees

Even though settlement agreements may be the best method to receive the money you are due from your employer, they may not always be the most tax-efficient way to do so.

Are employers legally required to pay legal costs for settlement agreements?

As part of the settlement agreement, your employer will often be responsible for covering the costs associated with the legal counsel.

As was already indicated, a settlement agreement benefits your employer because it prevents you from filing a claim against them and enables them to pay for you to obtain the required legal counsel.

What are the typical settlement agreement costs?

Usually, after we have the initial call, our team of settlement agreement solicitors may work within the fixed cost specified in your settlement agreement, ensuring you do not suffer any further fees.

Get legal advice on a settlement agreement from our solicitor 

If you still have questions about how to obtain a settlement agreement, get in touch with our knowledgeable team of settlement agreement lawyers. With their years of experience, they can provide you with frank guidance throughout the procedure.

Call us at 0808 178 7292 to discuss your settlement agreement questions right now.

<p>The post Who foots the bill for legal costs on a settlement agreement? first appeared on Complete Employment Solicitors.</p>