DMH Stallard Employment Law Updates

In this latest episode, our employment law experts look at without prejudice and protected conversations and when they might be used by an employer.  These are used in all sorts of situations by employers. It might be used in situations where there’s a grievance causing a breakdown in relationship with the employee. There might be performance issues, a redundancy situation, long-term sick leave, or even for misconduct where the employer is not sure whether there's enough to justify a summary dismissal.  Hosted by Rustom Tata, Partner and Head of Employment, with Greg Burgess, Partner in Employment, joining the discussion as a speaker.

In this latest podcast, our employment experts examine the recent changes to the Employment Rights Bill under the new Labour government and how these changes might impact businesses and HR teams. It’s fair to say that this piece of legislation will be one of the most significant developments shaping the employment sphere over the next decade.  Hosted by Partner and Head of Employment, Rustom Tata, with speakers Greg Burgess and Rebecca Thornley-Gibson joining the discussion to provide their expert insights into some of the key points and major developments under the new reforms.

In this latest episode, our expert Employment lawyers take a look back over important changes and key developments in the law that we saw in 2024, and can still expect to see in 2025. Our experts also look through the key employment law cases of the last 12 months and the cases of note going through the tribunals and courts in 2025. We also provide an update on legislation not just from the Labour government’s plans, but other changes HR managers and employers need to look out for. Review of Employment cases from 2024 Disciplinary Processes: Weir -v- Citigroup Global Markets Ltd Googling Candidates: Ngole -v- Touchstone Leeds Serial Complainants: Hope –v- British Medical Association Holiday Pay: De Mello -v- British Airways PLC Guidance on proportionality in belief / freedom of expression cases: Higgs -v- Farmor’s School Agency Workers: Donkor-Baah -v- University Hospitals Birmingham NHS Trust and ors Redundancy: Maternity Leave: Carnival Plc (ta Carnival UK) -v- Hunter Key employment legislation from 2024 Annual Leave and Holiday Pay (from 1st January 2024) Flexible working (from 6th April 2024) Fire and Rehire (from 18th July 2024) Reasonable steps to prevent sexual harassment (from 26th October 2024) Looking ahead to 2025 and beyond Employment Rights Bill: Unfair Dismissal Unfair dismissal: Ongoing consultation Flexible working changes Prevention of sexual harassment Trade Unions Fire and rehire Bereavement leave Parental leave and paternity leave Pregnant / maternity returners Speakers in this podcast episode include Employment Partners Greg Burgess and Will Walsh for DMH Stallard LLP. 

The podcast dives into the recent legal battles surrounding religious discrimination, highlighted by the case of a school administrator dismissed for expressing her Christian beliefs on social media. It examines the complexities of balancing competing protected characteristics under the Equality Act. The discussion includes the appeal process that challenged the initial tribunal's decision and the broader implications for workplace rights. Key considerations around privacy, anonymous complaints, and potential changes in discrimination law are also explored, revealing how social media complicates these issues.

Illegal working is big business, not only in terms of the sums made by those who facilitate it, but also in the penalties that are issued to employers (in the year to March 2024 employers were issued with fines totally £8m). The Home Office's guidance in this area changes regularly, partly to reflect changes in the immigration rules, but also to try to keep pace with the changing landscape of illegal working. This makes it so important for employers to stay on top of their compliance processes. Rapid advances in modern technology create new opportunities for illegal workers to find their way into an organisation under false pretences which increases the risk of businesses unwittingly becoming exposed to non-compliance and hefty fines.    In this episode, we will be looking at how employers can stay up to date and adopt the robust procedures needed to manage these threats, whilst at the same time ensuring that the issue doesn't become so burdensome that it undermines operational efficiency.  How can an employer balance out these competing risks? Can the advances in technology support the prevention of illegal working and mitigate the risks for employers?   Hosted by Immigration and Employment expert Adam Williams, with our guest speakers for this episode including Julia Terry (HR director for Tenpin), and Tony Machin (CEO at leading provider of identity verification services, TrustID).

In this episode, our employment experts discuss the challenges for employers in a post-Covid world who are now asking their employees to return to office-based working. The Covid-19 national lockdown led to a dramatic shift in the way many businesses operate, initially with an immediate move to full home working, which has been followed by an extended period of flexible working practices. Almost 5 years on, the health and safety factors that drove the move to the flexible working patterns have long since disappeared, however huge numbers of office workers across the UK continue to adopt hybrid working practices. Employers who have tried to encourage increased days in the office on an informal basis have seen mixed results, leading many to consider whether a more formal approach is needed. For most office-based roles, it is now rare to see an employer mandate a five-day working week in the office. For many employees, it has become an expectation that they will still spend significant portions of their working week working remotely from home and have adapted their lifestyles accordingly.  A less flexible approach for employers can become a difficult issue for both recruitment and staff retention as a result. But has there been a shift in what employers want or need in recent times and is the current level of flexibility still the best fit for their businesses?  According to reports, Amazon has asked its admin team to return to the office full time from January 2025, rather than working two days from home. Tesco's has asked its staff to increase their office attendance, whilst sports retailer JD sports has asked its head office employees to work from the office for at least four days a week, rather than whenever they wish. What impact does it have from a legal and commercial perspective to get people back into the office? Are we about to embark on a shift back to office norms of pre-pandemic times? For those employers who do need more office based working moving forward, what challenges do they face after allowing more flexibility for such an extended period of time? Hosted by employment partner Abigail Maino, with employment partners Will Walsh and Greg Burgess joining the discussion to share their valuable insights. 

In this latest podcast, our Employment experts explore the complexities of managing relationships in the workplace including the legal and operational challenges for employers. We look at the potential risks and benefits of workplace relationships, and how best to manage them when things go wrong. With sexual harassment being a more significant focus due to new employer duties, we also look at the broader question of whether workplace relationships should be encouraged and the best practices to managing them effectively. Hosted by Employment Partner Adam Williams, with Employment Partners Rustom Tata and Abigail Maino joining the discussion to share their valuable insights.

Stephen ten Hove and Greg Burgess, both Employment Partners specializing in workplace law, delve into the Labour government's employment law reforms. They discuss the potential impacts on business practices and employee rights, including the ability to claim unfair dismissal from day one. The duo also examines the proposed expansions to equal pay legislation, highlighting complexities around implementation. They emphasize the need for employers to adapt proactively, as significant legislative changes may not materialize until 2025 or later.

In this latest episode, our experts explore the fascinating and complex world of artificial intelligence (AI) and its impact on the workplace. The discussion highlights the rise of generative AI, like ChatGPT, and examines the associated risks, uncertainties, and opportunities it presents. Key topics covered in this episode include data protection, confidentiality, potential discrimination issues, and the limitations and inaccuracies of AI. The episode also addresses how businesses should navigate these challenges and leverage AI effectively while considering its implications for the workforce. Hosted by Employment Partner Abigail Maino and joined by Employment Partner Stephen ten Hove, along with guest speaker Andrew Hickey, an enterprise technology specialist who aids corporations in digital transformation and the adoption of emerging technologies such as generative AI.

In this latest episode, host Adam Williams delves into the pressing issue of modern slavery which can encompass various forms such as forced labour, forced marriage, debt bondage, human trafficking, and the exploitation of children. As awareness and legislative actions increase globally, organisations face growing pressure to address modern slavery within their operations and supply chains. This episode explores the evolving expectations from stakeholders and the challenges of prioritising issues without immediate financial returns. The discussion also touches on the broader context of ESG (Environmental, Social, and Governance) frameworks, where the social element is gaining more importance. Our special guest for this episode is Colleen Theron, a tri-qualified lawyer and CEO of Ardea International. Colleen brings her extensive expertise in sustainability, business, and human rights to the conversation, sharing insights on compliance and voluntary initiatives. Also joining this discussion are Commercial Partner, Debbie Venn, and Employment Partner Rebecca Thornley-Gibson, who contribute their valuable insights on how organisations can lead in mitigating modern slavery risks.