Monday Morning Dispatch - 20 June 2022

What’s Happening – Video/Multimedia

This week’s video is discussing managing lateness and absence within the workplace. The video is a recording of a seminar we presented along with our partners at Evalu8 so will be a bit longer than are usual videos.

On the day we considered where to draw the line on conduct and capability matters and explore use of the Bradford Factor to monitor absence levels.

Click here to view the recording.

2022 Seminar Programme

Our Spring/Summer seminar programme has come to an end, however we are in the process of planning and scheduling our new seminar programme which will restart in August 2022.

We are open to ideas on what topics we present, therefore if there is a specific employment related topic that you as a company consider would benefit from please let us know.

In the News

There have been lots of relevant employment law/HR updates this week.

Fire and rehire

On 15 June 2022, a debate took place in the House of Lords relating to the draft statutory code on dismissal and re-engagement which is aimed at taking steps to prevent the use of fire and rehire as a negotiating tactic. It has been confirmed that will be published for consultation in summer 2022.

Fire and rehire (or also known as dismissal and re-engagement) allows and employer to vary the terms and conditions of an employee by firing then and rehiring them on the new terms. This is not a new practice and is utilised where an employee will not accept new amendments terms that an employer is proposing to enforce.

This code will set out good practice and help reach a negotiated agreement. However, the debate on Wednesday suggested that the government are also considering alternative methods to introduce its commitments outside of the anticipated Employment Bill

https://hansard.parliament.uk/lords/2022-06-15/debates/C5FB1433-043E-4188-8446-48C1C5AB775F/FireAndRehire

Fired for wearing a cross

Jevgenijs Kovalkovs worked in the factory for 2 Sisters Food Group and wore a cross on a necklace which his mother gave him. After being dismissed for refusing to take off the necklace he filed a claim for indirect discrimination due to his religion and was successfully awarded £22,000.00.

Mr Kovaljkovs wore the cross and felt that the cross being close to his chest signified his commitment to his belief. The tribunal found that the company’s application of the Foreign Body Control amounted to a PCP (Provision, Criterion or Policy) and placed Mr Kovalkovs at a disadvantage as he would not be allowed to wear the necklace. The Company argued that it was a health and safety risk to wear the necklace, but the tribunal found that the company did not attempt to find any other solutions to allow Mr Kovalkovs to wear the necklace such as wearing it under clothing.

https://assets.publishing.service.gov.uk/media/62a861418fa8f503921c164b/Kovalkovs_v_2_Sisters_Food_Group_Limited-4102454.20-FInal…..pdf

Do you need intention to end the employment relationship.

In the recent case of Singh v Metro Line West [2022] EAT 80, it was held that in a claim for constructive dismissal a fundamental breach of contract may be established even if the employers actions did not indicate an intention to end the employment relationship.

Mr Singh was invited to a disciplinary but the next day he was signed off sick, however the company believed that Mr Singh was not sick and simply trying to avoid attending the disciplinary hearing. In response to the company paid him statutory sick pay rather than company sick pay. The EAT found that although the breach of contract was not intending to end the employment relationship it did show that they no longer intending to comply with the terms of the employees contract. Withholding company sick pay the Mr Singh was entitled to amounted to a fundamental breach.

https://assets.publishing.service.gov.uk/media/62a208e9d3bf7f036926eea4/Mr_Parbhjot_Singh_v_Metroline_West_Limited__2022__EAT_80.pdf

AOB

Whilst our primary aim is to bring you the latest updates on issues and changes in employment law and HR, we understand that businesses have other requirements from time to time and would like to take this opportunity to remind you that our firm offer other services that can support you:

Corporate and Contracts

PRAGMATIC AND COMMERCIAL ADVICE WHEN YOUR BUSINESS IS INVESTIGATED BY A REGULATOR.

All regulators, whatever industry you operate in, are increasingly well resourced and determined in their approach to enforcement. Their powers of investigation and prosecution are now greater than ever with increased focus on directors and individual responsibility.

The Chadwick Lawrence Regulatory team have experience and familiarity in dealing with most regulators. However, our approach is that prevention is usually better than the cure. We can help with a review of your business to determine what policies and procedures you need in place to ensure that in the event your regulator becomes involved your business is well placed to address any issue.

Our experienced team of experts are leaders in this area, priding themselves in their down to earth approach. Our clients value our personal service and we work with a number of businesses who are leading specialists in their area with particular emphasis in the retail, manufacturing, care industry and sports sectors. In order to obtain the best outcome we recognise that it is important to understand the industry in which you operate.

We will work rigorously in order to protect your business and crucially to minimise any reputational damage to your business.