Category: Employment Law

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

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

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.

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.

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. 

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

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.

The use of e-cigarettes, or vaping, has increased in popularity over recent years. Where does this leave employers and what approach should they take to vaping at work rules?

By making yourself aware of the guidelines in place, employers can communicate a clear policy to all employees.

What the law says

Smoking tobacco products in an enclosed space was outlawed in the summer 2007 (via the Health Act 2006), a ruling which led to a ban on smoking in offices, schools, and any other place that fell under the umbrella of this law.

However, the situation for vaping is different.

The use of e-cigarettes is not (currently) covered by this law, as they don’t burn any ingredients like a traditional cigarette does, and as the name suggests, vapes produce vapour, not smoke.

There have been recently numerous reports however on the potential (and largely as yet unknown) risks of vaping.  Recent studies have shown that vaping is not as innocuous as people were at first led to believe.  Further research is being carried out but it may be the case that it will be a while until we have a full picture.

In addition, concerns over passively inhaling the vapour that vaping creates have not yet been researched but this is no doubt only a matter of time.

Employers have a general duty of health and safety to all employees equally. Whilst it is largely accepted that vapes are a useful tool to aid smokers to stop smoking, this should be balanced out against all staff.  For instance, some employees may suffer from conditions such as asthma which would make even passively inhaling vapour riskier.

Bearing the above in mind, a clear policy to employees will stand employers in good stead and provide clarity for all.

Employers vaping policy

An employer may allow employees who vape, to do so indoors. If that is the decision, a designated room may be the answer. 

However, this is not necessarily advisable and all health and safety issues should be considered so that all employees are protected.  To avoid any future problems, it is undoubtedly safer to ask employees to vape outside in a designated area where possible. This may indirectly aid those whose intention with vaping is to ultimately “stop smoking”.

Importantly, vaping is still unlawful for anyone under the age of 18 and employers should be supporting this by ensuring vaping does not take place anywhere near where children or young teens are present.

Ultimately, it is imperative that any rules are considered in light of the individual workplace and then communicated clearly to all staff.

Vaping etiquette at work

Employees should always be encouraged to vape considerately.  For instance, vapers could use a discreet vape device with minimal vapour and to save vaping for designated break times only – similar to smokers.  Wherever they vape, vapers should be aware of their surroundings.

Vaping at work can be a tricky road to navigate, especially when many people are still unfamiliar with what an e-cigarette actually is, or unsure about how it works.

For advice on specific issues such as vaping at work, please contact Ilinca Mardarescu (Head of Employment) at imardarescu@astonbond.co.uk or call 01753 486777

Many teachers across thousands of schools in England have been going on strike to raise their thoughts over disputes relating to pay. Teacher strikes can have a significant impact on both employees and employers so we’ve put together a simple guide explaining your rights.

Here are some ways that teacher strikes can affect employers and employees:

1. Disruption of work: Teacher strikes can disrupt the normal functioning of schools, which can in turn impact employees. For example, if teachers go on strike, students may not attend school, which could affect parents’ ability to work.
2. Financial losses: If schools are closed due to a teacher strike, it can result in financial losses for employers. This is because parents may have to take time off work to care for their children, thereby affecting productivity at a crucial time.
3. Difficulty finding substitute teachers: During a teacher strike, it can be difficult to find substitute teachers to fill in for the striking teachers. This can make it challenging for schools to continue operating and can also be a burden on employees (and thereby employers) who may have to scramble to find alternative solutions.

Taking time off

If your child’s school is closed, or your normal childcare arrangements are disrupted due to an emergency, you have a statutory right as an employee to take unpaid time off to look after your child.

There are no time limits on how much time you can take off, but it should be a “reasonable” amount and employers should try to be flexible.

If an employer refuses your request, it must justify the reasons why.

Whether you get paid to take time off work is down to your employer

You should check if your employer has a specific policy in your contract that allows paid leave for emergencies. Most strike action is announced in advance and your employer may therefore expect you to have other arrangements already in place.

Other options to consider include asking to take the time off under your paid annual holiday allowance. Alternatively, ask your employer if there are other arrangements it can put in place, such as enabling you to work from home or swap shifts.

Communicate with your employer

If you are planning on requesting unpaid or paid leave due to a childcare emergency, you should let your employer know as soon as possible. Set out why you haven’t been able to make alternative childcare arrangements and what arrangements could be made to mitigate your time off work.

Overall, teacher strikes can have a range of effects on employers, and it is important for employers to be prepared for these potential impacts and to have strategies in place for managing them. For more information please contact Head of employment on imardarescu@astonbond.co.uk or 01753 486777.

The coronation of King Charles III is due to take place on Saturday, May 6, 2023.

In light of this, the government has confirmed that there will be an additional UK-wide bank holiday on Monday, May 8.

Prime Minister, Rishi Sunak, said: “The coronation of a new monarch is a unique moment for our country. In recognition of this historic occasion, I am pleased to announce an additional bank holiday for the whole United Kingdom.

However, HR expert Nicky Jolley highlights that the coronation bank holiday, which is an extra bank holiday, is not something everyone is entitled to, explaining that it all depends on the wording of your contract.

Employers should discuss and agree with employees:

• whether the organisation will close for the bank holiday
• what type of leave and pay will apply if employees are not working

An employee’s contract could say that they’re entitled to a certain number of days of annual leave plus all bank holidays. In this scenario, employees will have a contractual right to the extra day off.

However, other contracts may be worded differently and simply allow for 28 days (or more depending on terms) off in any one holiday-year.  This may mean that the employee is not automatically entitled to bank holidays off.  Indeed in several sectors, contracts specifically state bank holidays are counted as normal working days.

In such situations, it is important to discuss what is expected of employees and how employers propose on dealing with the extra bank holiday this year.

When considering what to do, it is important to remember that schools will be closed with the bank holiday, so the issue of childcare may be problematic for some workers, especially women who are still considered the primary carer. Therefore, employers need to be careful of potential resulting sex discrimination claims.

We understand that the additional bank holiday may arise issues in the workplace. For more information please contact imadarescu@astonbond.co.uk or 01753 486 777