Remote Revolution: Navigating the Legal Landscape of Remote Work Policies

The company landscape has completely changed as a result of the seismic shift towards remote work, necessitating careful consideration of the legal issues surrounding remote work. This blog post takes readers on a tour of the legal nuances surrounding remote working in the UK, covering the issues that both employers and employees need to be aware of as the workplace changes.

Understanding the Legal Framework.

The UK’s legal framework for remote work policies includes employment laws, data protection regulations including cyber-security, and health and safety standards. . The government also provides guidance on ergonomics, mental health support, and employer duty of care. Employers must stay updated on evolving regulations to ensure compliance on all of these matters when agreeing to and providing remote working for its employees.

Employment Contracts and Remote Work

To successfully integrate remote work clauses into employment contracts, employers must create comprehensive and enforceable agreements. These should outline the terms and conditions of remote work, including working hours, communication protocols, and performance metrics. These should ensure compliance with employment laws, GDPR compliance, and health and safety provisions. Contracts and policies should be regularly reviewed to adapt to changing circumstances and legal requirements..

Compliance with Employment Laws

The Employment Rights Act 1996 and related regulations are key to ensuring the fair treatment for remote workers. Employers must define working hours, break times, and the right to disconnect in employment contracts. Establishing clear boundaries between work and personal time is essential for a healthy work environment. Regular communication between employers and remote workers is crucial for addressing concerns and ensuring compliance with employment laws. By incorporating these aspects into employment policies, employers can promote a fair and compliant working environment for all employees.

Hours of Work and Overtime

In the remote work context, employers should clearly define working hours, breaks, and overtime compensation to create a transparent and equitable relationship. This includes specifying the start and end times of the workday, addressing breaks, and outlining the process for requesting and approving overtime. Effective communication and collaboration between employers and remote employees are crucial for establishing mutual understanding and compliance with these expectations. Clear policies and employment contracts can help foster a positive and productive remote work environment.

Termination and Remote Work:

To terminate remote work arrangements, employers must follow a clear and transparent process that adheres to legal standards and fairness. This includes reviewing termination provisions in contracts, engaging in open conversations with remote employees, and maintaining a respectful tone. Legal considerations, such as anti-discrimination regulations, must be prioritized, and documentation of termination reasons is crucial. Practical considerations, such as returning company property and handling sensitive information, should also be addressed. Employers should stay informed about evolving regulations and seek legal advice when navigating complex termination scenarios.

Insurance Coverage for Remote Work:

Employers need to assess their existing insurance policies for remote employees to ensure adequate protection. Traditional policies, such as workers’ compensation and liability insurance, may need to be reviewed and supplemented to account for remote work scenarios. Employers may need to explore insurance options for personal property damage, loss, and cybersecurity. Additionally, they should ensure remote employees are covered for home office accidents, which may not be automatically covered by traditional workers’ compensation. Effective communication with remote employees about insurance coverage and additional measures is crucial.

There are numerous issues which need to be considered and obtaining legal advice prior to implementing remote working is key to ensure compliance. Employers and employees alike must have a solid grasp of the legal environment as the trend of remote work becomes more widespread..

If you require any assistance with this or  any other employment matters, please don’t hesitate to contact our employment solicitor here at Aston Bond: Ilinca Mardarescu at imardarescu@astonbond.oc.uk

COVID 19 On The Rise

The number of people in hospitals has drastically gone up.

Just under two million people are currently estimated to have symptomatic Covid in the UK, according to data from the ZOE Covid study app.  However, as testing is no longer a requirement, these figures can only be an estimate.

It might all feel a bit 2021. But covid is on the rise again.

Here’s some of our top asked questions:

What are the main symptoms of Covid?

  • Continuous cough
  • High temperature, fever or chills
  • Loss of, or change in, your normal sense of taste or smell
  • Shortness of breath
  • Unexplained tiredness, lack of energy
  • Muscle aches or pains not due to exercise
  • Not wanting to eat or not feeling hungry
  • Headache that is unusual or longer lasting than usual
  •  Sore throat, stuffy or runny nose
  • Diarrhoea, feeling sick or being sick

Do I have to self isolate after testing positive?

‘Self-isolating’ (staying at home) is no longer a legal requirement.

Indeed, the Government is no longer providing free Covid tests to the general population, and all restrictions have been dropped, including self-isolation rules.  Testing kits can still be purchased at pharmacies however for a few pounds.

If you do test positive, it is still recommended that you stay at home where possible and avoid contact with others.  NHS guidance states you should try and stay at home for 3 days after you test positive if you are under 18 and for 5 days for those 18 years and over.  This is because those under 18 tend to recover quicker.  The advice is also to keep up-to-date with your vaccinations, if you are eligible.  Currently, o those aged 65 and over or at increased risk will be offered the vaccine.

Employees should speak to their employer if they have any concerns or are not sure about whether they should self-isolate.

It would be wise for employers to try to arrange for home-working where possible to avoid the risk of spreading Covid to others in the workplace.  That is not always possible in some roles however and if that is the case, each employer will need to undertake a risk-assessment to see how best to deal with situations.  Each workplace will have its own risks which should be taken into consideration.

Sick pay entitlement

If an employee is not able to work because they’re ill with COVID-19, normal sick pay rules apply.

Employees are entitled to statutory sick pay (“SSP”) as normal when off ill, unless their contract specifies an enhanced entitlement to sick pay.

Employees should check their organisation’s absence policy to see what it says about reporting and proving sickness absence.

If you have any questions or concerns related to COVID-19 and its impact on your workplace, please do not hesitate to reach out to Ilinca Mardarescu our employment solicitor on imardarescu@astonbond.co.uk or 01753 486 777.

 We are here to provide the guidance and legal support you need.

Working in the winter season: How it can affect Employment

As the days grow shorter, and a crisp chill fills the air, the arrival of the cold weather season profoundly impacts employment across various industries.

While winter brings snowfall and cosy evenings, it also presents unique challenges for both employers and employees.

So what does the law say about working in cold temperatures?

For many workers, there are no specific laws that give a limit at which a workplace may not operate.

The Workplace (Health, Safety and Welfare) Regulations 1992 put an obligation under law for employers to maintain a “reasonable” temperature in the workplace.

However employers, still have a duty of care for employee health and safety. Risk assessments should be conducted to determine if extremes of temperature pose a risk to health and wellbeing at work.

Can You Refuse to Work if It’s Too Cold?

Your employer should be aware of any uncomfortable working conditions. They should make any reasonable adjustments to maintain their duty of care responsibilities.

However, simply refusing to work without legal justification may result in disciplinary actions or termination, so it’s advisable to seek guidance and follow proper procedures if you believe that the conditions are unsafe.

In the event of frozen pipes and no running water, it may be necessary for staff to go home or the premises to be closed until the issue can be rectified. However, ideally you shouldn’t walk out of work in any circumstances but should come to some agreement with your employer.  Having no running water would be a breach of Health & Safety regulations so it is likely your employer will make alternative arrangements with you.

Working in cold temperatures

Everyone has the right to be comfortable at work. It can be tricky to achieve this when it is freezing but there are some steps your employer can take.

  • Making sure the building is kept as warm as possible, ideally 16℃ or above.
  • Ensuring there is fresh running water.
  • Allowing extra breaks for warm drinks.
  • Allowing you to wear warm clothing such as jumpers and coats
  • Keeping an eye on the weather for worsening conditions.

Duty of Care

The duty of care that an employer owes to its staff may also extend to travelling in to work where conditions are dangerous.  For instance when it is particularly icy and the roads have not yet been treated or where there are other weather-warnings, employers should take heed and consider whether alternatives are available.

The cold weather season brings unique challenges to the world of employment, from workplace safety and seasonal unemployment to issues related to remote work and employee wellbeing.

It is essential for both employers and employees to be aware of the legal aspects surrounding these challenges, and to take proactive steps to ensure a safe, productive, and compliant work environment during the winter months.

For more information, please contact our employment solicitor at imardarescu@astonbond.co.uk or 01753 486 777.

Workplace romance on the rise

In today’s modern workplace, the lines between personal and professional life can often blur, leading to the emergence of workplace romances. While such relationships are not inherently wrong or uncommon, they can pose significant challenges and risks for both employees and employers.

Today, we navigate the potential dangers of workplace romance.

When a romantic relationship develops between two colleagues, it may lead to favouritism, conflicts of interest, or perceived bias in decision-making. Other employees may feel left out, undervalued, or uncomfortable, leading to a toxic work environment.

Furthermore, when a workplace romance turns sour, it can have devastating consequences. Disputes, harassment allegations, or hostile work environments can arise, potentially resulting in costly legal actions and damage to the company’s reputation.

  • Sexual Harassment Claims: One of the most significant legal dangers associated with workplace romance is the potential for sexual harassment claims. If a romantic relationship ends, and one party perceives that they were coerced into the relationship or experienced harassment, they may take legal action against the company and the individual involved.
  • Favouritism: Workplace romances can create perceptions of favouritism. If promotions, raise, or opportunities are perceived to be unfairly distributed because of a romantic relationship, this can lead to discrimination claims by other employees.
  • Conflict of Interest: Employees in a romantic relationship with each other may be in situations where their personal interests conflict with the interests of the company. For example, they may be involved in decision-making that impacts each other, which can result in ethical and legal concerns.
  • Confidentiality Breaches: Workplace romances can sometimes lead to the sharing of confidential company information. If a romantic relationship sours and one party decides to disclose sensitive information about the company, it can lead to legal repercussions.

Mitigating the Risks

  • Establish Clear Policies: Employers should have clear and comprehensive workplace romance policies in place. These policies should address issues such as disclosure of relationships, reporting procedures, and guidelines on appropriate workplace behaviour.
  • Encourage Transparency: Encourage employees to disclose any romantic relationships that may pose a conflict of interest. This transparency can help the company address potential issues proactively.
  • Consistent Enforcement: Enforce workplace romance policies consistently and fairly. Avoid making exceptions for certain individuals or relationships, as this can lead to claims of discrimination.
  • Seek Legal Advice: If you’re uncertain about how to handle a specific workplace romance situation, consult with legal counsel to ensure that your actions comply with applicable laws and regulations.

Our employment law department is here to assist you in navigating these complexities and ensuring that your organisation remains in compliance with the law while fostering a healthy and productive work environment.

For any employment queries, please contact Ilinca Mardarescu ( Head of employment) at imardarescu@astonbond.co.uk

The case of Lucy Letby

Neonatal nurse Lucy Letby, who is the UK’s most prolific child serial killer in modern British history, will spend the rest of her life behind bars.

The 33-year-old was convicted on Friday of murdering seven babies and attempting to kill six other infants at the Countess of Chester Hospital.

Letby deliberately injected babies with air, force-fed others milk and poisoned two of the infants with insulin.

There are valuable lessons that employers can draw from this situation, both in order to uphold workplace safety measures and to protect the public or its clients at large.

  • Vigilance in Hiring and Employment

One of the key takeaways from the Lucy Letby case is the importance of a rigorous hiring process. Employers must conduct thorough background checks and safety assessments before hiring individuals for sensitive roles. Ongoing training, monitoring and performance evaluations should also be carried out alongside spot-checks (both planned and unplanned).  All of these may take time but they are crucial in helping to identify any potential issues.

  • Fostering a culture of open communication

The case further indicates the need for a culture that encourages employees to raise concerns without fear of retaliation. Establishing clear channels for reporting issues and protecting whistleblowers can help prevent potential problems from escalating.

Much has been discussed in this case about doctors having raised concerns about Letby to no avail.  Often, the people tasked with investigating such matters require better and constant training also. 

Outside assistance and advice should always be sought in the more serious cases.

  • Effective internal investigations

Organisations should have a well-defined procedure for conducting internal investigations in response to concerns. In situations involving potential misconduct, a thorough and fair process is essential.

The law requires that employers at reasonably I the investigation and any hearings.  Employers are not however required to undertake investigations to the same standard as a criminal investigation.  Despite this, employers should ensure their staff are adequately trained and use consultants or take legal advice as appropriate.

  • Employee well being

Employees involved in sensitive cases as suspects or witnesses, may experience significant emotional stress. Offer support resources, including counselling services, to help employees cope during these challenging times.

The Lucy Letby case serves as a reminder to all organisations, especially those in the healthcare industry or those working with the most vulnerable in our society, of managing and investigating situations effectively.

We believe that by putting into practice the lessons learned from the Lucy Letby case, employers can cultivate a workplace environment that embodies transparency, accountability, and unwavering commitment to the welfare of both employees and those they serve.

For any employment queries, contact our employment solicitor Ilinca Mardarescu at 01754 386777 or imardarescu@astonbond.co.uk

Do you work from home?

In recent years, remote working has gained tremendous popularity. Traditional office-based work culture has turned into a more flexible and adaptable work environment. The advancements in technology also mean that employees can now perform their job duties from the comfort of their homes.

In 2020, the global pandemic played a massive role in accelerating remote working to ensure safety precautions for all.

However, employers want at-home workers in the office more. Working in the same physical space can enhance team collaboration, creativity, and problem-solving. Face-to-face interactions can lead to better communication and foster a sense of camaraderie among team members.

While remote work offers significant benefits, it also presents unique challenges for employers and employees when it comes to employment law.

Here are some key factors that both parties should consider:

  •  Employee Rights: Employees working from home retain the same rights as they would in a traditional office environment. These rights include minimum wage, rest breaks, paid time off, and protection from unlawful termination.
  • Employment Contracts and Agreements: If a company decides to offer remote work options to employees, it’s essential to update employment contracts and agreements to reflect the new work arrangement. Clear communication about expectations, responsibilities, working hours, and performance standards should be set.
  • Health and Safety: Employers are generally responsible for ensuring employees are working in a safe working environment. This includes addressing any health and safety concerns raised by employees.  It is important to note that such matters as a safe working environment with a computer and monitor at the correct height for instance, or proper chairs to prevent back-pain can fall within these obligations and employers may find themselves needing to provide such equipment to employees who need it in their homes.
  • Work Hours and Overtime: Ensuring work hours and overtime regulations is critical in a remote work setup. Employers must keep track of employee working hours, breaks, and overtime to prevent potential legal issues.  How this is done will depend on a case-by-case basis but employers will need to have a system in place in order to be able to show they have discharged this duty.

Working from home has transformed the way we approach work, providing flexibility and freedom that employees cherish.

Maintaining open communication with employees is essential to ensure that the remote work culture is working for both parties.

For any information regarding any employment matter, please contact Ilinca Mardarescu (Head of Employment) on imardarescu@astonbond.co.uk or call 01753 486 777.

Should workers have the right to switch off?

The Labour Party have announced that they plan to introduce a “right to switch off” for workers, in the event that they win at the next general election.

“Workers should be given the right to switch off when they have left for the day to ensure homes don’t become 24/7 offices.

Constant emails and calls outside of work should not be the norm and is harming work-life balance for many “ Labour has said.

The party also wants employees to have the right to flexible practices such as working from home which would allow people to spend more time with their families instead of commuting.

The  “right to switch off” resembles the legislation introduced in France in 2017, which gave all workers the right to disconnect from their work devices outside of normal working hours.

For some employers, the immediate concern might be a loss of productivity or service standards. When an employee’s productivity drops, the amount of work they produce or the quality of their work may decline. This can result in missed deadlines or delayed projects, potentially leading to dissatisfied customers.  Employers already have a duty of care towards their employees however so is such legislation even required? 

Charities and mental health experts say it most certainly is and that is perhaps a good indicator for employers. 

A clear working practice within the workplace and happy employees is bound to pay dividends in the long run for employers and no doubt business who do not take this on board will eventually struggle with recruitment and retention.  They key is to ensure that there are process and checks in place to prevent burnout in employees in the first place.  Employers should ensure that the demands placed on employees do not regularly require working in excess of an employees’ contracted hours.  Regular reviews and clear guidance in what is expected of managers are the first steps to implement here.

If you require advice on an employment-related matter, please do get in touch with Ilinca Mardarescu (Head of Employment) on imardarescu@astonbond.co.uk or call 01753 486 777.

Have you ever lied on your CV?

Lying on a resume can result in a maximum jail sentence of 10 years under the Fraud Act 2006.

Although in reality a 10 year jail sentence is unprecedented for a false CV. Rhiannon Mackay in 2010 was jailed for 6 months following lies in her CV which resulted in her getting hired as a capital projects administrator in the NHS. However her case involved the falsification of past employers and references.

It is important to note that the majority of lies on a CV will not result in a jail sentence. A falsified B in GCSE French when applying to be a Car Salesman in Bromley will, most likely, not result in criminal proceedings or even gross misconduct.

The job board CV-Library stated that around 50% of job-seekers admitted to lying on their CV’s . Evidently all those who lie on their CV’s do not get caught but is it worth the risk?

An employee lying on their Curriculum Vitae  (CV) counts as fraud under false representation. As a result, the employer has the right to terminate their contract for gross misconduct.

If the original CV contained falsehoods the employer may be exempt from being sued by the employee. If the employer can prove he/she would not have originally hired the employee if the CV were true then the employer can, in certain circumstances, avoid liability in wrongful termination proceedings. Thus the employer could violate an employee’s legal rights by (for example) firing them because of their gender/race and yet not be liable in legal proceedings. This is called the ‘after acquired evidence’ theory.

If you’re an employer or employee and have any queries over any aspect of employment law please do not hesitate to contact us. 

Are you prepared for the the UK’s hottest summer?

UK heatwave on the way as Met Office confirms July temperatures may hit ‘high 30s’.

As temperatures soar and heatwaves become increasingly frequent and intense, the effects of extreme heat can cause discomfort in our everyday lives.

Employers and businesses face a unique set of challenges as they strive to maintain productivity to ensure employee well-being.

By understanding the potential implications and adopting appropriate measures, employers can create a safe and supportive work environment that fosters employee well-being and productivity even in the face of scorching temperatures.

So here’s exactly how you can help your employees:

  • Provide a comfortable work environment: Ensure that the workplace has proper ventilation, such as fans or air conditioning systems.
  • Hydration facilities: Encourage employees to stay hydrated by providing a supply of cool drinking water or allowing employees to have water bottles at their workstations.
  • Breaks and rest areas: Encourage regular breaks in shaded or air-conditioned areas to give employees a chance to cool down. Provide designated rest areas where employees can relax and escape the heat during their breaks.
  • Flexible dress code: Relax the dress code policy during extreme heat, allowing employees to wear lighter and more breathable clothing. However, maintain appropriate professional standards and ensure that the relaxed dress code doesn’t compromise safety or hygiene requirements.
  • Education and awareness: Provide information and training to employees about the signs of heat-related illnesses, such as heat exhaustion and heatstroke. Educate them on preventive measures, like staying hydrated, taking breaks, and recognizing the importance of seeking medical attention if necessary.
  • Allow for flexible working times: employees who rely on public transport may prefer to arrive earlier (when cooler) and leave earlier when tubes and buses are not as busy.

At Aston Bond, we believe It is important for employers to recognize and address the impact of heatwaves on their employees and businesses. By taking proactive measures to support their workforce during intense heat, employers can help maintain employee well-being, productivity, and overall job satisfaction.

For any employment queries please get in touch with Ilinca Mardarescu our head of employment solicitor on 01753 486777 or imardarescu@astonbond.co.uk

Hayfever – A guide for employers

That time of year is upon us when pollen levels have increased and hay fever season is here.

Recent studies show that nearly one in five people in the UK suffer from hay fever and have taken time off from their workplace due to their symptoms. This could indefinitely be affecting productivity levels for workplaces in the UK.

So what can you do to look after your employees and ensure your workplace creates an environment that minimises the symptoms of hay fever?

  • Keep windows in the offices closed as this adds the benefit of keeping the pollen out of the office, ultimately relieving some symptoms.
  • Keep the office clean and free from dust as much as you can.
  • Inform employees on the weather forecast for information about pollen count levels and advise them to avoid going outdoors when the pollen count is Medium or High.
  • Avoid keeping indoor plants in the office as they release pollen and can trigger many individuals.

At Aston Bond, we believe supporting employees with hay fever is a crucial aspect of creating an inclusive and productive workplace.  

For any employment queries please contact imardarescu@astonbond.co.uk, our head of employment here at Aston Bond.