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Employment Law FAQs

7 pitfalls to avoid when making redundancies

As the Chancellor’s coronavirus job retention scheme enters its final phase and the prospect of a return to normal business seems distant for many companies, employers are having to contemplate redundancies if they are to keep their business afloat.

Getting the redundancy procedure right is crucial, as mistakes can open the door for an employee to bring a claim before an employment tribunal, There has already been an increase in claims, particularly in regard to unfair dismissal relating to redundancy.

Here are some common misunderstandings and mistakes for employers to avoid.

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Addressing Discrimination: bringing change to the workplace

In the wake of recent events, there is increased momentum in addressing racial inequalities at work. Whilst this is extremely important, businesses must not forget to take account of employment law and although positive discrimination is prohibited, positive action is lawful and there are plenty employers can do to tackle inequality of all kinds and particularly racial equality.

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Subject access requests and what you need to know

A DSAR is a right that individuals have under the Data Protection Act 2018 to request a copy of the data that an organisation holds about them.  The individual can request to see a copy of such data, as well as ask:

  • Why the data is being processed;
  • What type of data it is;
  • The recipients of that data;
  • How long it is stored;
  • How the data has been collected; and
  • Evidence to show that the data is being appropriately safeguarded.
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Five Key Elements of a Fair Redundancy

An employee with two years’ service can bring a claim for unfair dismissal. Where an employee with a protected characteristic argues that their redundancy was discriminatory, they can bring a claim regardless of their length of employment.

Even if the need to make redundancies is obvious, employers still need to follow a fair procedure carefully.  This will nearly always involve the following 5 key elements:

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Returning from Furlough Leave

Steps Businesses should take during Covid-19, and how to get their staff back into work after returning from Furlough Leave

As businesses look at re-opening after lockdown and returning to some form of “new normal” we thought it would be a good idea to provide employers with guidance to returning to a safe environment as we continue to battle Covid-19.

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COVID-19 furlough scheme update and other key updates for employers

As the lockdown continues, the Government has extended access to its coronavirus job retention scheme and employers are settling in to a new way of working. Business life may have drastically changed, but employment law still applies.

You should check the Government website for the latest guidance in conjunction with this article, as the guidelines on the coronavirus (COVID-19) are changing daily. The guidance and the Treasury direction are inconsistent in places. You should speak to your solicitor for specific advice for your business.

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What are the statutory rates and compensation limits for 2020?

National Minimum Wage
Age Former Rate (£) Current Rate (£)
Workers aged 25 and over (National Living Wage) 8.21 8.72
Workers aged 21 – 24 7.70 8.20
Development rates for workers aged 18 – 20 6.15 6.45
Young workers rate for workers aged 16 – 17 4.35 4.55
Apprentices under 19, or over 19 and in their first year of the apprenticeship 3.90 4.15
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Furlough – what is it?

A furlough is “a temporary layoff from work.” People who get furloughed usually get to return to their job after a furlough.

Who is eligible?

All UK businesses regardless of industry or size.

The scheme is open to all UK employers that had a PAYE scheme in place on 28 February 2020.

Any organisation with employees can apply, including charities, recruitment agencies and public authorities; however, the government does not expect public sector employers to use it as long as central government continues funding wage costs in the normal way.  With agency employees, the scheme is only available for agency employees who are not working.

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