HR & Employment Law Advice

 

HR & Employment Law Advice Special Q & A Interview with Michael McNally of Pannone Corporate.

  • What is the position for employers regarding mandatory vaccination policies and would they be legally enforceable?
  • How should employers considering redundancies approach this and what are the most important steps they need to follow?
  • What if you are an employee faced with voluntary or compulsory redundancy?
  • From an employment law & practice point of view, what would be Michael’s advice for someone suffering from sexual harassment at work?
  • What can employers do to address loneliness among their workers especially those working from home?
  • How should employers approach flexibility at work generally and specifically: the contractual challenges and how to vary contracts, long term discrimination risks, potential redundancy issues, expenses and allowances, recruitment, training, and line management.

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Employment Law Q & A Interview

Our Q & A Employment law & HR special with leading employment law solicitor Michael McNally includes the following questions & topics:

 

Mandatory vaccination policies at work

CNN hit the headlines in August after firing three employees who went into work unvaccinated against Covid-19, in what it called a violation of company policy.

A whole range of US household names – from Walmart to Google, Uber, and Facebook, have demanded that some or all of their staff be immunized before entering the workplace.

But could employers in the UK implement similar mandatory vaccination policies and would they be legally enforceable?

It appears that many firms have ducked the argument and decided not to get involved in what many consider their employees’ personal choice. Other companies have delayed making any changes to their workplace policy, given that many office-based workers have yet to return full-time to their desks.

If employers wish to make this company policy does that result in the vaccination status being sensitive information? Would it be a reasonable request? What business needs would make it reasonable?

Could employers find themselves receiving discrimination or unfair dismissal accusations?

Some employees may not be able to have the vaccine, or be younger and not had an opportunity, and stopping people returning to the office may feel this is unfair treatment?

Redundancy after furlough

The Office for Budget Responsibility expects that while the total gross outlay on the furlough scheme peaked at £10.1 billion in May 2020, it was still running at £2.2 billion in June 2021. The Institute for Fiscal Studies reported that they expect to see rising redundancies. I have heard from many accountants and professionals that they expect a steep rise in redundancies post-September 2021.

Firstly, how should employers considering redundancies approach this and what are the most important steps they need to follow? What would be your advice, generally, for employees faced with voluntary or compulsory redundancy, e.g. are there alternatives that the employer could consider?

Working from home: Employment law considerations

As lockdown measures begin to ease, more businesses are requiring that their work from home employees return to the office for at least part of the working week, and only one in 10 employers are expecting their employees to revert to pre-pandemic working arrangements with a full return to the office (mainly in the services sector).

How should employers approach flexibility at work generally and specifically I would love to hear your views on:

  • the contractual challenges and how to vary contracts
  • long term discrimination risks
  • potential redundancy issues
  • expenses and allowances
  • recruitment, training, and line management.

Loneliness in the work place and loneliness working from home:

What can employers do to address loneliness among their workers?

If not already this should be considered within any employee wellness plan, but what else can, and should, employers do in respect of employees working from home and the loneliness/loss of social interaction that can potentially create…….

Suffering sexual harassment at work

On 21st July 2021, the government has issued an updated response to the consultation on sexual harassment in the workplace.

They received 4,215 responses to this element of the consultation.

Of these respondents:

  • 54% said they had experienced harassment at work
  • 36% said they had not
  • 11% left this blank or said they did not know

The Government has stated that as soon as Parliamentary time allows the government intends to introduce:

  • a specific duty requiring employers to prevent sexual harassment, in order to encourage employers to take positive proactive steps to make the workplace safer for everyone.
  • explicit protections relating to third-party harassment.
  • an extension of the time limit to bring a claim under the Equality Act 2010 from 3 months to 6 months.

What is your best practice advice for employers to prevent this and respond to allegations more robustly? From an employment law & practice point of view, what would be your advice for someone suffering from sexual harassment at work?

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