Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers Employers should expressly ask employees to agree to an extension of time if they will not be able to complete all stages of their flexible working procedure within three months. Express agreement was needed to extend time for flexible working request Employers must complete …
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Discrimination: Avoiding claims from pregnant workers and new mothers – lessons from recent case law

Beth Hale and Naomi Latham explore six cases which highlight the potential pitfalls for employers when managing workers who are pregnant or who have returned from maternity leave Efforts made to reach a compromise position and to consider individual circumstances will help employers demonstrate that they have acted proportionately and will help to justify the …
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Hybrid working: How to manage the risks of proximity bias

Favouring those employees who spend the most time in the office could result in legal claims from hybrid workers, warns Helen Corden Due to proximity bias, a manager may develop a practice of allocating work to individuals who are physically present in the office as opposed to those working at home. Companies around the world …
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Legal reform: Keeping the ‘flex’ in flexible working requests

Louise Skinner and Thomas Twitchett review the government’s proposals to extend the right to request flexible working The proposed changes – if implemented – are expected to encourage employers and employees to have meaningful discussions around flexible working arrangements. On 23 September 2021, the UK government published a consultation document entitled Making flexible working the …
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Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers In Dodson, the EAT confirmed that women are less likely to be able to accommodate certain working patterns than men because of childcare responsibilities. Supreme Court confirms no change to burden of proof in discrimination cases The Supreme Court decision in Royal Mail Group …
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Flexible working: How to introduce a successful hybrid working strategy

Emma Burrows and Anna Scott consider the key points from recent Acas guidance on hybrid working and some tricky issues that can arise An employer will have responsibility for its staff wherever they are working and will need to consider health, safety and wellbeing, performance management and training and development.   Stop press: new consultation …
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Contract variations: Can you pay staff less for working remotely?

David Jepps explores whether UK employers can cut the pay of employees who continue to work from home A pay cut is treated as a deduction and if employers unilaterally reduce pay, employees can make unlawful deductions claims to an employment tribunal. As Covid-19 restrictions continue to be reduced and the effects of the pandemic …
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Mental health: A right to disconnect – the answer to the epidemic of hidden overtime?

Melanie Stancliffe assesses the case for a legal right for employees to switch off outside their normal working hours Despite the lack of legislation, there is nothing stopping employers from voluntarily tackling the ‘always on’ culture and benefiting from the advantages that this brings. Based on Labour Force Survey data, the TUC has claimed that …
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Flexible working: Managing the transition to a remote or hybrid workforce

Tim Spillane, Rachael Cage and Alice Peet discuss the legal and practical issues employers need to consider when introducing hybrid home/office working Three quarters of surveyed employers said that their businesses needed a greater understanding of the application and limitations of employment law when it comes to managing a remote workforce. Over the past 14 …
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