Third Party Harassment
What should an employer be doing to try and prevent harassment of its employees by client, customers or other third parties?
Recent changes in the law around third party harassment mean employers need to action to prevent this.
📽️ In this video short we cover some practical examples and what preventative steps employer’s should be taking in this area.
ℹ️ For further information on how Osborne & Wise can assist your business contact us on info@osbornewise.com
Third Party Harassment - Dan’s thoughts on the changes brought in to legislation in October 2024
‘Right to switch off’
‘Right to Switch off’
This video short discusses the changes proposed by the Labour party manifesto.
The ‘right to switch off’ requires that employees do not have to work outside of core hours. We feel that it will follow other European countries who already implement a ‘voluntary code of practise’.
What businesses can do to prepare:
Review current working practices - organise work flow effectively
Have conversations with employees about what should be expected of them outside of core working hours.
Optimising technology and encouraging rest and time away from work which can lead to increased productivity in the long term.
Flexible working as a ‘genuine default’
Flexible working as a ‘genuine default’
In this video Dan reviews the Labour party’s proposal to make flexible working a ‘genuine default’ or the ‘new norm’.
But what does this mean? We feel it will mean a shift in the burden from employee to employer.
An employer who wishes to refuse a flexible working request will have to demonstrate why it can’t be granted.
How do businesses prepare?
undertake an internal review on how the requests are currently processed
review related policy documents
This is not a right to flexible working but will create a shift in employee expectations and how tribunials will review these decisions.
Making Unfair Dismissal a Day 1 Right - how can your business prepare?
Labour Reforms: Unfair dismissal, a Day 1 Right
Once brought in employers will have to follow a fair process and justify a dismissal as fair from the 1st day of employment.
Here’s what we’re saying to our clients to ensure they are prepared for these changes:
Familiarise yourself with what a ‘fair’ process would look like
Tighten up and improve recruitment processes
Review probation periods & length of those periods
Pregnancy Discrimination – Employers beware
Employers are reminded to act with caution in taking any actions in relation to employees who are protected under the Equality Act 2010 when pregnant. The recent case of Shakil -v- Samsons Ltd is a reminder that actions taken by an employer could be discriminatory and result in a substantial award being made by an Employment Tribunal in favour of an employee.
Labour’s New Deal for Working People
The New Deal is aimed at improving the lives of working people by strengthening their individual and collective labour rights. The authors examine the more radical concepts.
Labour’s promises include:
banning zero hours contracts;
removing the qualifying period for certain employment law rights;
banning ‘fire and rehire’;
introducing collectively bargained fair pay agreements;
introducing a right to switch off; and
trade union reform
Worker Protection (Amendment of Equality Act 2010) Act 2023
The Government has recently passed the Worker Protection (Amendment of Equality Act 2010) Act 2023 and it will come into force on 26 October 2024. In short, it creates a new, proactive statutory duty on all employers to take reasonable steps to prevent sexual harassment in the workplace.
Any failure to do so will result in an increase of up to 25% in the amount of compensation awarded to an employee who brings a successful claim for sexual harassment under the Equality Act 2010.
The zero hours contract
In the first of a series of articles exploring some of the Labour Party's new policies in the area of employment law, Daniel Wise, founder of boutique City law firm Osborne Wise looks at the proposal to 'ban zero hours contracts' and how this might work in practice.
The Future of Flexibility
Flexible working is more than a trend; it’s a fundamental shift in how we think abut work and life balance. Our colleague, Daniel Wise, recently joined Anna Whitehouse (aka Mother Pukka) on her insightful podcast to delve into this topic. The discussion is rich with practical insights and experiences that are invaluable for anyone interested in the future of work.
Avoiding Mistakes in Gross Misconduct Dismissals
Extract: An employer discovers a serious incident. Their immediate thought is: “it’s gross misconduct”. With this first impression in mind, it is tempting to rush into confirming a dismissal. But it is always sensible to press the pause button before moving forward. There are important procedural boxes to tick to avoid successful tribunal claims.
Supreme Court hands down Uber decision on worker status
Many of us followed the Uber cases through the appeal Courts as the impact of these decisions have a significant impact on hiring practices in the gig economy and more widely. Early last year, the final appeal court (the Supreme Court) handed down its judgment in Uber BV and ors V Aslam and ors, which marks a big step forward in worker rights.
Disciplinary Proceedings – increasing employee protection
It is a well-trodden path in dismissal litigation for the disciplinary process adopted by the employer to be picked apart piece by piece, with varying degrees of success by the claimant lawyer.
Legal protection for staff expressing ‘gender-critical’ beliefs
The delicate balancing act involved in managing staff members who hold and express strong views in the gender identity debate was considered in the recent case of Forstater v CGD Europe.
Vexatious grievances
It is a common temptation for many employers going through a difficult grievance or disciplinary process where the employee appears to be doing everything they possibly can to make things as difficult as possible, to throw in the towel before the process is completed and move to dismissal. Your employment lawyer’s advice to ‘leave no stone unturned’ begins to sound more and more like a huge waste of time. The decision in Hope v British Medical Association, demonstrates that it is well worth heeding such advice especially if the ultimate course is to dismiss the employee.