Matt’s Employment Law and HR Update

Matthew Huggett

Matt Huggett of Carbon Law Partners and Brightstar HR provides regular news and updates on all things employment law and HR in the UK.

In an engaging and natural style he will chat you through the latest changes in employment law and give you practical guidance about the impact that these changes will make your approach to the management of your people.

Contact Matt at:
matthew.huggett@carbonlawpartners.com or www.linkedin.com/in/matthewhuggett/

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Fire and Rehire - new Draft Code of Practice
30-01-2023
Fire and Rehire - new Draft Code of Practice
There has been much discussion over the use of 'fire and re-hire' by employers over recent months and years. Unions have sought (and obtained) injunctions to prevent employers dismissing and re-engaging (Tesco) and there have been other campaigns by trade unions about the threat that such practices have to the terms and conditions of employees (British Gas).These two relatively high profile cases (Tesco and British Gas) occurred before the case of P&O which was very widely reported. The P&O case wasn't technically a fire and re-hire situation as P&O did not re-hire the same employees back on different terms and conditions, they simply recruited new employees outside of the UK.But the P&O case was a real driver for change. It provided an opportunity to the Unions to really challenge the government on the lack of protection for workers from dismissal in circumstances where the employer wished to change terms and conditions of employment. Politically, the government was under pressure to react and rather than implement legislation, they agreed to publish a Code of Practice, the draft of which has now been published.In this episode we look at the legislative environment in which organisations can change terms and conditions of employment, the risks, the pitfalls and how this new Draft COP may change things.This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.If you would like us to advise you on a particular issue then please get in touch with us at matthew.huggett@carbonlawpartners.comIf you are an employer, we offer fixed price arrangements for support and advice. So if you want certainty about your legal spend whilst also getting top notch advice, then just ask us to quote for your business. If you need insurance backed support we can provide this as well.In addition to legal advice, Matt also offers HR and Employment Law Training through his partner business: Brightstar HR. Please have a look at all the training offered here: www.brightstarhr.co.uk
Sexual Harassment: Will new legislation require a more proactive approach by employers?
16-01-2023
Sexual Harassment: Will new legislation require a more proactive approach by employers?
A Private Members Bill is currently working its way through Parliament that could require all employers to take proactive steps to eliminate sexual harassment in the workplace.  The Bill (the Worker Protection (Amendment of Equality Act 2010) Bill) will require (if passed) employers to take all reasonable steps to prevent sexual harassment.  This is a marked step forward in discrimination legislation.  Currently, employers only need to show that they have taken "all reasonable steps" if they defend a claim in a tribunal.  In the absence of that, employers can do....well, nothing....if they choose to.Enforcement is likely to be by the Equality and Human Rights Commission and further failure to comply with this requirement will also lead to an increase in compensation at tribunal by up to 25% - in the same way that is currently the case with the ACAS Code of Practice for unfair dismissal cases.The legislation is also looking to reintroduce third party harassment - but only 1 "strike" will be required this time, instead of the 3 that were required when the first attempt was made at this in 2010.  The Bill has the final reading in the House of Commons on 3 February 2023 and will then move to the Lords.  Very importantly, it has the backing of the government.This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.If you would like us to advise you on a particular issue then please get in touch with us at matthew.huggett@carbonlawpartners.comIf you are an employer, we offer fixed price arrangements for support and advice. So if you want certainty about your legal spend whilst also getting top notch advice, then just ask us to quote for your business. If you need insurance backed support we can provide this as well.In addition to legal advice, Matt also offers HR and Employment Law Training through his partner business: Brightstar HR. Please have a look at all the training offered here: www.brightstarhr.co.uk