44 EMPLOYMENT LAW
LOOKING AFTER EMPLOYEES
POST-PANDEMIC
by Emily Leeming Harrison Drury
Let our people look after your people
Our employment and HR team take a proactive approach to help you engage with your staff.
www.harrison-drury.com Offices throughout
Lancashire and Cumbria
As businesses return to a post-pandemic ‘new normal’, there have been clear challenges in sectors hit hardest by the pandemic to attract and recruit workers.
But what has been given less coverage and consideration is what support is offered to workers that remained employed during the pandemic – often working longer hours, burdened with more responsibility to cover staff shortages, and not taking annual leave.
When it comes to working longer hours, employers should be mindful of the rules set out in the Working Time Regulations 1998 (WTR 1998).
Each worker’s average working time (including overtime) should not exceed 48 hours per week. However, many of the rights granted by the WTR 1998 can be waived.
Most workers in the UK are also legally entitled to 5.6 weeks’
paid holiday a year. During the pandemic, the government introduced a new law allowing employees to carry over up to four weeks’ statutory paid annual leave into their next two ‘holiday leave’ years.
Employers should do everything reasonably possible to ensure workers take as much leave as feasible in the relevant year. Workers need a break to relax and unwind, it is beneficial to both the employees and the employer.
UK health and safety legislation requires employers to be aware of and protect the health, safety and wellbeing of workers. As part of the risk assessment to ensure a workplace is ‘Covid-secure’, this should include ‘psychosocial’ risks.
Other ways to help workers include introducing support mechanisms to create a culture where workers feel equipped to take on the challenges that Covid-19 has created.
EMPLOYMENT LAW IN A PANDEMIC WORKPLACE by Victoria Mitchell
Head of employment law, Farleys
Covid-19 has been the ultimate workplace disruptor. Business priorities continue to change at a rapid pace, with ‘business as usual’ superseded by the need to respond urgently to a range of issues, a lot of these employment law related.
Straightforward employment law advice for your business.
www.farleys.com
In practice I have seen a wide variety of HR and employment matters facing businesses, with common themes throughout 2021, and expect many to continue as we roll into 2022.
Along with actions to consider for the new year, these include:
Workplace disputes – the continued disruption for some has resulted in increased grievances, disciplinaries and tribunal claims.
If your business is concerned about a situation with an employee, take early advice so this can be managed lawfully.
Restructuring – analyse your existing staffing structure.
Promote and reward key personnel, succession plan, merge roles and departments, recruit, and exit employees that hold the company back
and are not going to benefit its future.
Employee exits – evaluate your staff and act, whether this is termination of employment for poor performance, redundancy, misconduct or ill-health; or expedited by way of protected conversations and settlement agreements.
Recruitment – new skill sets can bring great benefits to your company.
Don’t forget to issue contracts of employment and focus on probationary/notice periods, or even consider fixed-term arrangements.
Contracts of employment – Review contracts of employment and director service agreements. Update or issue new ones that you are confident will protect your business.
Variation of terms of employment – the continued hybrid working model requires a cautious approach for employers.
It’s important to remember that when varying any fundamental terms of an employment contract, you are obliged to consult the employee and obtain their consent.
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