Whistleblowing – Government Consults on Annual Reporting by Prescribed Persons

The Small Business, Enterprise and Employment Bill, which is currently before Parliament, contains provisions enabling the Secretary of State to require prescribed persons to report annually on any action taken as a result of a protected disclosure. The Government has now launched a consultation, entitled Prescribed persons: annual reporting requirements on whistleblowing, seeking views on the… Read more »

Resolving Workplace Disputes

As of 6 April 2009, the Employment Act 2008 repealed the Statutory Dispute Resolution Procedures in their entirety. In their place is a voluntary Advisory Conciliation and Arbitration Service (Acas) Code of Practice, which sets out the basic principles for ensuring fairness and transparency when handling disciplinary problems and grievances in the workplace. The Code… Read more »

A Guide to Third Party Harassment

With effect from 1 October 2013, the third party harassment provisions contained in Section 40 of the Equality Act 2010 were repealed. The provisions made employers liable for harassment of their employees by third parties, such as customers or clients, when unwanted conduct had taken place on at least two other occasions and the employer… Read more »

A Guide to Garden Leave

‘Garden leave’ is the term used to describe the situation in which an employee who has resigned or been dismissed is required to serve out their notice period at home, rather than reporting for work. Normally, garden leave is used as a protective measure to prevent the departing employee from having access to sensitive data… Read more »

Government Abolishes the Sick Pay Reclaim Scheme

The Government’s decision to abolish, with effect from 6 April 2014, the statutory sick pay (SSP) percentage threshold scheme, whereby employers could, in certain circumstances, reclaim SSP paid to employees absent through ill health, will have a particular impact on smaller businesses with staff on long-term sick leave. One reason given for dropping the scheme… Read more »

Age Discrimination and Redundancy

A 61-year-old local authority employee, who received a lower redundancy payment than younger workers with the same length of service because she was over the state pension age that applied at the time, has succeeded in her age discrimination claim (Heron v Sefton Metropolitan Borough Council). Ms Heron was made redundant by Sefton Metropolitan Borough… Read more »

Employees’ Right to Request Flexible Working Arrangements

From 30 June 2014, all employees have the right to ask their employer for a change to their contractual terms and conditions of employment so that they can work flexibly, provided they have worked for their employer for 26 weeks continuously by the date on which the application is made. Previously, the right only applied… Read more »