Reviews and Ratings for solicitor Elissa Thursfield, Llandudno

Thursday 29 March 2018

Employment Law Updates


Employment law updates

 

2017 was a busy year in the world of Employment Law. Among the legal headlines were the removal of employment fees and the beginning of what was to become a national consultation on the pay gap between men and women.

However, the changes aren’t over for employers and HR professionals: with March 29th 2019 signalling the UK’s separation from the EU, 2018 looks set to be a year of significant change, particularly where Employment Law is concerned. Let’s take a look at the main events you might want to put in your calendar.

April

Marking the end of the old financial year and the start of the new, it seems appropriate that the topic of tax will take the spotlight this month. April will see the government making changes to the way termination payments are taxed, including safeguarding the first £30,000 against income tax and National Insurance contributions. This will also be the month in which the first reports detailing the pay gap between the sexes must be submitted.

April also heralds the withdrawal of Employment Allowance for a year from any employers who are found to have employed illegal workers.

In addition, the Fit for Work assessment service will be scrapped at the end of March, as well as overhauling its current fit note scheme – exact details as to who, other than Doctors, will hold certification powers in the future is still unclear.

May

The big one for May will be the government rolling out the EU-approved General Data Protection Regulation laws. Among the many new protocols will be the right for individuals to be informed if their data has been compromised and the right for them to have their information deleted from search engines.

June

This is the month in which the EU’s Trade Secrets Directive comes into play, giving greater protection to Intellectual Property Rights. For businesses and individuals, this will mean greater recourse in the event that trade secrets are misappropriated, especially by a member of staff.

Other Key Events in 2018

While it’s hard to see beyond the first months of 2018, there are further changes to Employment Law expected, although their absolute dates remain yet to be confirmed. However, if you’re an employer or an HR professional, these are the upcoming key events to keep an eye out for:

Grandparental Leave

A hot topic since Parental Leave was introduced in 2015, Grandparental Leave will see parents able to assign part of their maternity or family leave to grandparents, allowing them to return to work more quickly. In addition, the move is hoped to encourage grandparents to remain in work, rather than having to leave their jobs in order to help their children with childcare.

Payment for Sleep-In Shifts

Towards the end of 2018, the clock will be ticking fast for employers who have not yet chased up their obligations to the Social Care Compliance Scheme. Launched in 2017, the scheme gave employers until 2019 to identify and pay what they owe to workers who may have been paid less than the minimum wage for sleep-in shifts. Once the deadline has expired, employers will have three months in which to make the outstanding payments, or face legal action.

Brexit

Although this doesn’t come into effect until the third month of 2019, employers will be watching the continued negotiations regarding Britain’s withdrawal from the European Union. While the Settled Status agreement seems to have gained some ground, the main issue for employers is likely to be how the legislation for immigrant workers will change.

The anticipated date for review of the rules will be in 2021, which gives businesses three years in which to begin recruiting and try and stay ahead of the constantly-shifting Brexit sands.

2018 looks to be an important year for those who have any dealing with Employment Law. While the short-term changes are well worth investigating, the long-term plans are the ones that are set to have the greatest effects.

Dealing with employee theft


Dealing with employee theft

 

According to a poll commissioned by office-furniture supplier Kit Out My Office, more than two-thirds of UK office workers have admitted to stealing from their employers and colleagues at some time during their careers. With the cost of stolen items averaging at £12.50 and an estimated 15million workers having confessed to employee theft, the cost to UK employers adds up to a whopping £190million each year. For employers, dealing with employee theft can be a difficult process. If you suspect that one of your workers is stealing from your business, what should you do?

Suspicion vs Facts

Theft of any sort is a serious accusation to make. If, as an employer, you suspect an employee of theft then obtaining evidence is a crucial part of the procedure. Evidence may prove your suspicions to be wrong or they may prove them to be right. However, making an accusation of employee theft without substantial proof can leave you open for litigation. Suspicion is one thing. Solid facts are another.

Conducting an Investigation

Many employers are unaware of the fact that they have a legal right to launch an investigation should they suspect an employee of stealing. The investigation must be seen to be fair and based on evidence alone. Should the case reach an Employment Tribunal or result in the employee’s dismissal, the presiding judge will need to see a demonstration of fairness and impartiality.

The first step is to appoint an investigator. This can be someone within the office or, if it is appropriate, an external party. You may find that your company has specific policies on how to tackle issues of this sort. However, if not, the chosen investigator should be briefed on certain aspects of the inquiry, including:

• A timeframe in which to conduct the research

• Guidelines on their responsibility as an investigator

• How their evidence will be presented

• Minimising the investigation’s impact on employees’ morale

• Minimising the investigation’s impact on the day-to-day running of the business.

It is worth remembering that, ultimately, the employer bears full responsibility for the manner, fairness and impartiality of the investigation. CCTV can be an important tool in uncovering the truth of the matter, as can computer records. The chosen investigator should be given access to both.

Following Up the Results of the Investigation

In the event that the evidence proves the employer’s suspicions to be groundless, then the situation should be dismissed. If the employee has become aware that they are or have been investigated, the best procedure is complete transparency. If appropriate, you might need to present them with the evidence that presented the grounds for suspicion.

If the investigation provides firm evidence of employee theft, you will then need to decide what to do next. Most companies have protocols and procedures to follow. As a rule of thumb, the next step is to report the findings and present the proof to the company’s legal advisor. Smaller companies, who may not have representatives of this sort, are advised to seek the services of an Employment Law advisory services solicitor. Either option will provide you with the information you need to begin disciplinary proceedings.

Interviewing the Accused

Reporting employment theft to the police is at the employer’s discretion. This can result in criminal proceedings and either a financial fine or, in some cases, a prison sentence. However, most cases of employee theft are dealt with internally, either resulting in disciplinary action or dismissal.

Prior to any action being taken, it is strongly advised that the accused is interviewed. This gives them the opportunity to give their side of the story and is part of the process of fairness and impartiality. The interview should be conducted in a calm and reasonable manner and evidence supporting the accusations should be presented. Should the theft be proven, then the employer should once again consult a legal advisor.

While it might seem a long road to take, riddled with procedure, ensuring that your investigations follow the appropriate guidelines, protocols and advice are as much a protective measure for the employer, as they are the path to bringing a thief to justice.