Paul Clark – partner and head of employment at Jacksons Law Firm .
THE PROTECTORS
Shield your business against employment risks
The last 18 months have been a bit of a rollercoaster for employment lawyers with the pandemic bringing periods of intense activity , but also quieter times while workplaces were closed and many employees were simply getting on with working from home .
Correspondingly , the number of claims in the employment tribunal system had risen steadily during the pandemic before dropping off slightly in the final quarter of financial year 2020 / 21 , perhaps driven by lockdown 3.0 , businesses having already restructured and a dearth of work Christmas parties . Was this the calm before the storm ? Time and tribunal statistics will tell , however , there is undoubtedly a feeling this autumn of normal service being resumed which , if you are an employer , brings with it a wave of familiar and some new challenges .
Chief amongst recent enquiries has been how to introduce hybrid working arrangements , with many employers finding that their staff , understandably , want to retain some of the flexibility they have benefited from since the world changed in early 2020 .
A dedicated policy is going to be necessary . However , while things are still settling down and with a tricky winter coming , it might be prudent to trial hybrid working in consultation with staff over the next six months before committing to new arrangements .
Not only does this buy some time , but the feedback is more likely to result in something which balance the needs of your employees with those of the business .
Why risk rushing into a regime which proves unworkable and needs to be changed after staff have begun to rely on it ?
Then there are disciplinary and grievance issues which had been simmering away but are now bubbling to surface . A disciplinary warning will usually expire after six or 12 months but grievances , it seems , often last far longer .
Investigation is key here as reasonableness , in whichever situation , is underpinned by what the employer does to establish the facts in question .
There have been some notable decisions on disciplinary procedure in recent months so proceed with caution , particularly if it has been a while since you conducted a disciplinary hearing or dealt with a grievance .
Where the allegations involve whistleblowing or discrimination , legal advice is even more important to limit the risk of an employment tribunal claim .
On top of these concerns , many employers ’ contracts and staff handbooks will be in need of a review if not an update .
The return to the workplace is likely to herald a rise in flexible working requests while the majority of employers will find themselves managing sickness absence at some point in the coming months .
At the height of the first lockdown , on April 6 , 2020 , changes were made to the information which employers are legally obliged to provide to individuals from day one of employment . The requirement was also extended from employees to workers , such as casual and seasonal staff .
If your business relies on restrictive covenants to protect its confidential information or business connections , these are likely to benefit from reviewing and , in some cases , renewing , given that the reasonableness of such restrictions is assessed as at the time they were entered into .
Jacksons Shield ensures that your business has these and all other employment matters covered for a fixed , monthly charge .
The service starts with a full audit of your employment documents following which we will work with you to update these , as necessary , and provide a helpline for advice on all employment matters , disputes , and correspondence .
We can also help you to put in place dedicated insurance to cover the cost of representation in employment tribunal claims and other legal proceedings such as enforcing restrictive covenants .
Along with training for staff and regular updates on developments in employment law , Jacksons Shield provides a comprehensive package that delivers expert advice when you need it most , which for many businesses could well be the next few months .
For more information on Jacksons Shield or employment law advice generally , please contact Paul Clark on 0191 206 2926 or email pclark @ jacksons-law . com . Paul Clark Partner and head of employment , Jacksons Law Firm
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