DMH Stallard Employment Law Updates

In this episode, our legal experts look at what is an insolvency event and the key elements to consider when a company falls into administration. What support is there for businesses and employees who find themselves in such situations and why is it important to take expert legal advice early in the process? Hosted by Employment & Immigration Law Partner, Adam Williams, with Employment Partner, Rebecca Thornley-Gibson and Insolvency Partner, Michael Lynch also joining the discussion. 

In this podcast employment law specialists Greg Burgess and Simon Bellm delve into the key cases and developments from the past 12 months, and provide valuable insights on what to expect in the world of employment law in 2024.  This includes: An overview of the key cases and legislation from 2023: Government response to widespread industrial action Disciplinary and dismissal: a fair process Redundancy: consulting over the rationale for the proposed redundancy Disability discrimination: Asperger’s/dyslexia Without prejudice: when is the protection lost? Subject Access Requests: ICO Guidance updated Looking ahead to what is likely to come into effect in 2024: The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 Flexible working reform Right to request predictable working pattern Non-compete clauses Guidance for employers on Menopause Fire and rehire Labour manifesto – reform of employment law Equality Act 2010 (Amendment) Regulations 2023 The Worker Protection (Amendment of Equality Act 2010) Act Introducing Fees in Employment Tribunals and EAT Changes to National Minimum Wage  New Paternity Leave Regulations Should you wish to receive a copy of the webinar slides please contact our marketing team.    

Illegal working is big business, not only in terms of the sums made by those who facilitate it, but also in the penalties that are issued to employers (in the year to March 2024 employers were issued with fines totally £8m). The Home Office's guidance in this area changes regularly, partly to reflect changes in the immigration rules, but also to try to keep pace with the changing landscape of illegal working. This makes it so important for employers to stay on top of their compliance processes. Rapid advances in modern technology create new opportunities for illegal workers to find their way into an organisation under false pretences which increases the risk of businesses unwittingly becoming exposed to non-compliance and hefty fines.    In this episode, we will be looking at how employers can stay up to date and adopt the robust procedures needed to manage these threats, whilst at the same time ensuring that the issue doesn't become so burdensome that it undermines operational efficiency.  How can an employer balance out these competing risks? Can the advances in technology support the prevention of illegal working and mitigate the risks for employers?   Hosted by Immigration and Employment expert Adam Williams, with our guest speakers for this episode including Julia Terry (HR director for Tenpin), and Tony Machin (CEO at leading provider of identity verification services, TrustID).

In this episode, our Employment Law team discuss the subject of third-party harassment in the workplace and whether the current legislative framework is effective in ensuring employers do more to protect individuals. What is the true extent of an employer’s duty to prevent third-party harassment and what are the implications of getting it wrong? Hosted by Employment & Immigration Law Partner, Adam Williams, with Employment Partners Rebecca Thornley-Gibson and Will Walsh joining the discussion. 

Conflicts arising in respect of different protected characteristics have come to the fore in a number of recent high profile cases, particular in the context of sex, sexual orientation and gender critical beliefs. In this podcast, we discuss recent cases in this area, including Higgs v Farmor’s School and Maya Forstater v CGD Europe. An area which is also a cause for concern is the difficulties employers have in policing workplace conversations and adopting a zero tolerance approach to conversations that may cause offence to others. The sensitivities surrounding many of the reported employment tribunal cases have led to mainstream news headlines and perhaps this is one of the reasons that employees are becoming much more aware of their rights to voice their views and the potential limitations on employers to limit discussions and moderate behaviours. Conduct of employees causing offence to others is often dealt with by disciplinary action but since the Equality Act introduced religion or belief as a protected characteristic in 2003 employers have had to be mindful that any disciplinary action or other treatment does not amount to discrimination based on that individual holding that protected belief. Initially most cases focused on religion as the definition of “belief” was less clear. Speakers for this episode include Employment Partners, Rebecca Thornley-Gibson and Rustom Tata.

Employees, workers, and even job applicants are becoming more and more aware of their employment rights and how to bring a claim in the Employment Tribunals. With this, we are seeing a growing number of serial litigants, who seek employment with the primary purpose of creating disruption and subsequently lodging an Employment Tribunal claim. No organisation is immune, and even small start ups and charities can find themselves as respondents to baseless litigation. Employment Tribunals appear to be showing an increasing level of patience with litigants in person: they are very anxious not to be perceived as barring access to justice. As such, litigants in person – including serial litigants - are given significant support during the tribunal process.  Hosted by Partner and Head of Employment, Rustom Tata, with speakers Simon Bellm and Lydia Goodman joining the discussion to share their expert insights and provide practical tips for business owners and HR teams when recruiting new employees. 

In this latest podcast, our employment law experts discuss the new laws, introduced in October 2024, which places a positive duty on employers to take reasonable steps to prevent sexual harassment of its employees in the workplace. These laws mean that if an employee is sexually harassed, and the employer has failed to take reasonable steps to prevent that from happening, any compensation can then be increased by up to 25%. So what steps should employers be taking to protect their business from sexual harassment claims? Hosted by Employment Partner, Rustom Tata, with Employment Partner Will Walsh joining the discussion as a speaker.  

In this latest episode, our employment law experts look at without prejudice and protected conversations and when they might be used by an employer.  These are used in all sorts of situations by employers. It might be used in situations where there’s a grievance causing a breakdown in relationship with the employee. There might be performance issues, a redundancy situation, long-term sick leave, or even for misconduct where the employer is not sure whether there's enough to justify a summary dismissal.  Hosted by Rustom Tata, Partner and Head of Employment, with Greg Burgess, Partner in Employment, joining the discussion as a speaker.

In this latest podcast, our employment experts examine the recent changes to the Employment Rights Bill under the new Labour government and how these changes might impact businesses and HR teams. It’s fair to say that this piece of legislation will be one of the most significant developments shaping the employment sphere over the next decade.  Hosted by Partner and Head of Employment, Rustom Tata, with speakers Greg Burgess and Rebecca Thornley-Gibson joining the discussion to provide their expert insights into some of the key points and major developments under the new reforms.

In this latest episode, our expert Employment lawyers take a look back over important changes and key developments in the law that we saw in 2024, and can still expect to see in 2025. Our experts also look through the key employment law cases of the last 12 months and the cases of note going through the tribunals and courts in 2025. We also provide an update on legislation not just from the Labour government’s plans, but other changes HR managers and employers need to look out for. Review of Employment cases from 2024 Disciplinary Processes: Weir -v- Citigroup Global Markets Ltd Googling Candidates: Ngole -v- Touchstone Leeds Serial Complainants: Hope –v- British Medical Association Holiday Pay: De Mello -v- British Airways PLC Guidance on proportionality in belief / freedom of expression cases: Higgs -v- Farmor’s School Agency Workers: Donkor-Baah -v- University Hospitals Birmingham NHS Trust and ors Redundancy: Maternity Leave: Carnival Plc (ta Carnival UK) -v- Hunter Key employment legislation from 2024 Annual Leave and Holiday Pay (from 1st January 2024) Flexible working (from 6th April 2024) Fire and Rehire (from 18th July 2024) Reasonable steps to prevent sexual harassment (from 26th October 2024) Looking ahead to 2025 and beyond Employment Rights Bill: Unfair Dismissal Unfair dismissal: Ongoing consultation Flexible working changes Prevention of sexual harassment Trade Unions Fire and rehire Bereavement leave Parental leave and paternity leave Pregnant / maternity returners Speakers in this podcast episode include Employment Partners Greg Burgess and Will Walsh for DMH Stallard LLP. 

In this latest podcast, our employment law experts discuss the developments in discrimination following the recent Court of Appeal decision in Higgs v Farmor's School. This case highlights the challenge for employers of balancing staff’s competing protected characteristics under the Equality Act. In this case, the way that Mrs Higgs expressed her Christian beliefs in Facebook posts led to her dismissal from her role at Farmor’s School, where she had worked for a number of years. Mrs Higgs then brought a claim alleging her dismissal was discriminatory as she said it was because of her religion and beliefs. But did the Courts agree? Our speakers for this podcast include employment partners Rustom Tata and Greg Burgess.

In this episode, our employment experts discuss the challenges for employers in a post-Covid world who are now asking their employees to return to office-based working. The Covid-19 national lockdown led to a dramatic shift in the way many businesses operate, initially with an immediate move to full home working, which has been followed by an extended period of flexible working practices. Almost 5 years on, the health and safety factors that drove the move to the flexible working patterns have long since disappeared, however huge numbers of office workers across the UK continue to adopt hybrid working practices. Employers who have tried to encourage increased days in the office on an informal basis have seen mixed results, leading many to consider whether a more formal approach is needed. For most office-based roles, it is now rare to see an employer mandate a five-day working week in the office. For many employees, it has become an expectation that they will still spend significant portions of their working week working remotely from home and have adapted their lifestyles accordingly.  A less flexible approach for employers can become a difficult issue for both recruitment and staff retention as a result. But has there been a shift in what employers want or need in recent times and is the current level of flexibility still the best fit for their businesses?  According to reports, Amazon has asked its admin team to return to the office full time from January 2025, rather than working two days from home. Tesco's has asked its staff to increase their office attendance, whilst sports retailer JD sports has asked its head office employees to work from the office for at least four days a week, rather than whenever they wish. What impact does it have from a legal and commercial perspective to get people back into the office? Are we about to embark on a shift back to office norms of pre-pandemic times? For those employers who do need more office based working moving forward, what challenges do they face after allowing more flexibility for such an extended period of time? Hosted by employment partner Abigail Maino, with employment partners Will Walsh and Greg Burgess joining the discussion to share their valuable insights. 

In this latest podcast, our Employment experts explore the complexities of managing relationships in the workplace including the legal and operational challenges for employers. We look at the potential risks and benefits of workplace relationships, and how best to manage them when things go wrong. With sexual harassment being a more significant focus due to new employer duties, we also look at the broader question of whether workplace relationships should be encouraged and the best practices to managing them effectively. Hosted by Employment Partner Adam Williams, with Employment Partners Rustom Tata and Abigail Maino joining the discussion to share their valuable insights.

In this latest Employment Law podcast, our experts discuss the new employment law proposals introduced by the UK Labour government. What are the potential implications of these changes for business owners and HR professionals? How might this impact workplace policies, employee rights and recruitment? Hosted by Employment Partner Abigail Maino, with Employment Partners Stephen ten Hove and Greg Burgess joining the discussion to share their valuable insights.

In this latest episode, our experts explore the fascinating and complex world of artificial intelligence (AI) and its impact on the workplace. The discussion highlights the rise of generative AI, like ChatGPT, and examines the associated risks, uncertainties, and opportunities it presents. Key topics covered in this episode include data protection, confidentiality, potential discrimination issues, and the limitations and inaccuracies of AI. The episode also addresses how businesses should navigate these challenges and leverage AI effectively while considering its implications for the workforce. Hosted by Employment Partner Abigail Maino and joined by Employment Partner Stephen ten Hove, along with guest speaker Andrew Hickey, an enterprise technology specialist who aids corporations in digital transformation and the adoption of emerging technologies such as generative AI.

In this latest episode, host Adam Williams delves into the pressing issue of modern slavery which can encompass various forms such as forced labour, forced marriage, debt bondage, human trafficking, and the exploitation of children. As awareness and legislative actions increase globally, organisations face growing pressure to address modern slavery within their operations and supply chains. This episode explores the evolving expectations from stakeholders and the challenges of prioritising issues without immediate financial returns. The discussion also touches on the broader context of ESG (Environmental, Social, and Governance) frameworks, where the social element is gaining more importance. Our special guest for this episode is Colleen Theron, a tri-qualified lawyer and CEO of Ardea International. Colleen brings her extensive expertise in sustainability, business, and human rights to the conversation, sharing insights on compliance and voluntary initiatives. Also joining this discussion are Commercial Partner, Debbie Venn, and Employment Partner Rebecca Thornley-Gibson, who contribute their valuable insights on how organisations can lead in mitigating modern slavery risks.

Many businesses engaged in international trade are navigating through a period of significant change and uncertainty. Factors such as inflation, high interest rates, debt distress, geopolitical tensions, and international conflicts have created a complex landscape. In this episode, we delve into the risks and opportunities confronting businesses involved in global trade or aspiring to expand their international footprint amidst the current economic climate. Led by Employment & Immigration Law Partner, Adam Williams, and joined by Commercial Partner, John Yates, along with guest speaker Martin Hamilton, from Menzies LLP, our discussion explores the dynamic challenges and potential avenues for growth in the global marketplace.        

In this episode, our Employment team discuss the latest update on the retained EU law bill and the government’s proposals providing for changes to UK employment laws in respect of working time regulations, which is set to come into force on 1 January 2024. How will these proposals impact most, if not all, employers? Hosted by Employment & Immigration Law Partner, Adam Williams, with Employment Partners Stephen ten Hove and Rustom Tata also joining the discussion. 

In this episode, our Employment team discuss the evolving landscape of flexible working and the potential impact of the recent bill passed in parliament which allows employees greater flexibility as to where, when and how they work. We look at historical context of the statutory right to request flexible work and its perceived limitations, and also highlight the significant shifts in work patterns due to the COVID-19 pandemic and the emergence of the gig economy. What proactive measures can employers and HR professionals take to align their policies with the transformed workplace realities resulting from these recent developments? Hosted by Employment & Immigration Law Partner, Adam Williams, with Employment Partners Greg Burgess and Rustom Tata joining the discussion. 

This episode is part three in our podcast series on globalisation in the world of work, where we consider the issue of whether it is prudent for employees to engage in work whilst abroad. Should there be a balance between granting such opportunities and effectively overseeing them? In this final session our experts look at some of the issues and potential benefits associated with engaging employees on a more permanent basis to work abroad and discuss what businesses need to consider from a legal, tax and immigration perspective. Whether you're an employer, employee, or simply curious about the evolving work landscape, this episode offers valuable insights into the dynamics of global international work arrangements. Hosted by Employment Partner, Abigail Maino, with Employment and Immigration Partner Adam Williams and Partner, Simon Bellm joining the discussion. We also have Sanjukta Ray, Employment tax solutions and global mobility manager for Menzies LLP joining as a guest speaker. Sanjukta specializes in advising businesses on employment tax matters concerning globally mobile employees, adding a wealth of knowledge to our conversation.