Category: Employment Law

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

Employment law can be complicating. However it’s important for both employers and employees to understand their rights and responsibilities to ensure the employment relationship can continue in a positive and productive manner for all parties concerned.

When employment problems or queries arise it’s crucial to get in touch with an experienced employment law solicitor to ensure matters do not escalate. That’s why we’ve put together a handy guide answering the Top 10 employment law FAQs.

• What exactly is employment law?

Employment law concerns all the rights and obligations within the employer & employee relationship. It covers everything from discrimination, equality and harassment issues in the workplace, working hours, performance issues, sickness or absence in the workplace, wage disputes, unfair or wrongful termination and much more.

• Do employers need to have an employee handbook?

Although many employers have an employee handbook which usually contains various employment policies, it is not a mandatory requirement.  However, there are certain employment policies that are required, such as a Disciplinary and Grievance policy or a Privacy policy.  Although not a legal requirement therefore, a handbook is highly recommended for the benefit or all parties concerned.

• How much notice does an employee have to give when resigning?

A notice period allows the employer to put the wheels in motion for hiring a replacement, arranging a handover and tying up any loose ends. Before handing in your notice, it is important to read your contract carefully and learn how much notice you need to give.  If you don’t give the proper notice, it may mean you are in breach of your contract.

For employers, there is a minimum statutory notice required which is based on how long an employee has been employed.  This minimum cannot be overridden by the contract oof employment but employers are able to offer more notice if so desired.

• Can I sue my employer if I am treated unfairly?

It’s possible for employees to bring a claim against their employers if they have engaged in some sort of wrongful or illegal behaviour, or if the employee has had their rights and freedoms infringed upon in some way.  For example, if you have not been paid correctly, got fired unfairly, or were discriminated against because of your race, gender, religion or other “protected characteristic” you could have a case.  It is important to speak to a specialist straight away if you feel that is the case as failure to act promptly could mean you lose the right to bring a claim.

• What is redundancy?

A redundancy situation arises when an employee is dismissed and the reason is mainly attributable to a business closure, workplace closure or reduced requirement for employees.

• What are the steps required if I feel I have been treated unfairly?

Most employment law claims need to be issued within three months less 1 day so prompt action is crucial. Redundancy pay or equal pay claims have slightly longer at six months and there is the possibility of extending these time periods through conciliation but time limitation matters can be complex so it is advisable to speak to an employment law solicitor as soon as possible who will be able to advise on what you need to do and by when.

• What are the benefits of a settlement agreement?

A Settlement Agreement provides the employee with an extra sum of money (often tax-free) to help them to move on.  In return for that, the employee agrees not to issue proceedings against the employer. They are useful in providing a clean and amicable break between the parties.

It is a legal requirement that employees are given proper legal advice prior to entering into a Settlement Agreement and the employer usually pays for that advice.

• How much annual leave am I entitled to?

How much holiday you get is normally set out in your contract of employment. The statutory minimum for a full-time employee is 5.6 weeks, which can include bank and public holidays.  However, contractually more annual leave entitlement can be agreed upon between the parties. 

Annual leave entitlement is calculated on a pro-rata basis for an employee working irregular or part-time house.

• What is a dismissal?

A dismissal is when an employer ends an employee’s contract. In layman’s terms it is often referred to as being “sacked” or “fired”. It’s important that an employer uses a fair and reasonable procedure to decide when and whether to dismiss someone or the dismissal could be unfair.  However, there are situations when an employee can be dismissed fairly.

1. How can I raise a problem at work?

If you have a problem at work, you should try raising it informally with your employer first. You may feel nervous about raising a problem, but employers are often open to resolving problems quickly without going through a formal procedure.  Employee Handbooks will usually have a procedure set out which is referred to as the Grievance Procedure and this should be your first port of call when you cannot resolve matters informally. 

For more information or to discuss a matter, please contact Ilinca Mardarescu, our very own employment solicitor, at imadarescu@astonbond.co.uk or 01753 486777.

What is Ramadan?

Ramadan is considered one of the most spiritual times of the year for Muslims across the world. During this holy month, Muslims spend a period of 30 days abstaining from food and drink during daylight hours.  This will invariably impact many Muslims at work but there are things employers can do to minimise impact and help support their Muslim staff.

How to support Muslims at work during Ramadan

Different people will be celebrating Ramadan in various ways.

One of the best ways to show your support is by showing an understanding and considering how you can support individuals.

Here are some ways to support Muslims at work during Ramadan:

• Be flexible with working patterns

One of the most helpful things that an employer can do for employees observing Ramadan is to allow them to adjust their working patterns.

Employers should remember that not eating during daylight hours, coupled with longer nights can lead to fatigue and can drop concentration levels.

• Discuss with your employees how to help them.

Everyone will have a different relationship and approach to their faith.

Be mindful not to assume your employees’ needs. Provide opportunities where they can openly and safely discuss their needs with you.

• Be prepared for annual leave requests for Eid celebrations

Eid is the festival that marks the end of Ramadan. 

This means many people may need to request time off at a relatively short notice as the date of Eid is confirmed on the sighting of the new moon. Others may request a range of 2-3 days off to make sure they will be off work at the right time.

• Provide a private, quiet place

If at all possible, employers could also provide a quiet, private place for Muslim staff to pray during the working day.  This would also be welcome so that staff can rest during their break without needing to be around other members of staff who may be eating.

• Raise Ramadan awareness in the workplace

Awareness is a building block for an inclusive workplace. Raising awareness of what Ramadan is and making space for the importance of it and its impact on Muslim colleagues during this time is a great way to build positive team connections. Mutuality and respect are critical in any workplace and working relationship.

At Aston Bond we wish all celebrating a happy Ramadan. For more information on employees’ rights in Ramadan please contact Ilinca Mardarescu (Head of Employment) on imardarescu@astonbond.co.uk or 01753 486 777.

Employment tribunals deal with claims brought against employers by employees. Claims can typically relate to unfair and wrongful dismissals, discrimination, equal pay, and deductions from wage deductions.

The employment tribunal is an independent body that operates outside the court system and provides an accessible, informal, and cost-effective means of resolving disputes between employees and employers.

When it comes to employment law, matters can become quite complicated. Therefore, many choose to have a lawyer to help them through the tribunal process.

Some examples of the type of dispute heard by employment tribunals include:

• Unfair dismissal
• Wrongful dismissal
• Equal pay
• Discrimination
• Harassment
• Deductions from wages

However, not all employment-related matters are heard in the employment tribunal.  Examples of employment disputes heard by civil courts are :

• Accidents at work
• Restrictive covenants
• Contract claims for non- payment of wages
• Wrongful dismissal claims and other contract claims

Proceedings in an employment tribunal can generally take some time, and inevitably cost money in legal fees.  Therefore, the parties may wish to settle an employment dispute without going through a full hearing either:

• Between themselves directly
• By using a conciliation service (ACAS)
• By using an internal or external mediator

The employment tribunal’s decision is legally binding and can include orders for the employer to pay compensation or take specific actions such as reinstatement. If either party disagrees with the decision, there is the possibility of appealing subject to specific requirements. 

At Aston Bond we strongly believe that the employment tribunal is an essential forum for employees to seek justice and protect their rights in the workplace.

For more information, please contact head of employment at Aston Bond on imadarescu@astonbond.co.uk or 01753 486777.

What is menopause?

The menopause is when a woman stops having periods. While this natural stage of ageing tends to happen around the age of 45 to 55, some women experience it earlier in life. Certain health conditions, as well as medical interventions and medication, can also trigger it.

When going through the menopause (or the period just before it which is known as perimenopause) women experience symptoms such as:

• Hot flushes
• Repeated urinary tract infections (UTIs)
• Difficulty sleeping
• Anxiety
• Mood changes
• Difficulties with memory and concentration (often referred to as “brain fog”)

What do studies show?

According to Newson health (a specialist clinic) 51% of menopausal women take time off work due to their severe symptoms.  

The report published by the cross-party Women and Equalities Committee of the House of Commons in July 2022 also confirmed that menopause was causing the UK economy to “haemorrhage talent”.

The existing data highlights why women feel concerned about their difficulties. Many of them fear discrimination, ranging from being skipped for promotion to losing their jobs. Under the circumstances, they might deny what they are going through, and avoid seeking support.

What has the government done?

The report from the Committee made various recommendations, key amongst which was making menopause a protected characteristic and including a duty to provide reasonable adjustments for menopausal employees.

The government however has refused to do so on the grounds that such an action could have “unwanted consequences” and could inadvertently “…discriminate against men”.   In clarifying, some of the concerns surrounded whether men with long-term medical conditions would be disadvantaged or become less protected.

Among the other recommendations made by the Committee was the introduction of menopause leave under which a woman would be able to take leave from work if they were suffering from severe menopausal symptoms, similar to being able to take maternity or parental leave.

In common with the protected characteristic proposal, this was also rejected by the government.

In response, a government spokesperson said: “We recognise that the menopause can be a challenging time for women, which is why we have put women’s health at the top of the agenda as part of the first-ever women’s health strategy for England.

“We are implementing an ambitious programme of work with the NHS to improve menopause care so all women can access the support they need.”

Despite the government not backing some of the recommendations made by the Committee, it has backed and will implement other recommendations made.  It is also widely accepted that there has been a shift in attitudes generally and discussions are taking place within businesses, the NHS and other relevant bodies which is pushing these issues to the forefront.  Furthermore, employees that are having issue due to the menopause may be protected within the Equality Act under both age and gender discrimination.

Despite the government refusing to go as far as some may have wanted, a menopause policy within the workplace is looking more and more essential to guide employers and managers on how to deal with such situations.

At Aston Bond, we can advise on policies to implement and training for employers as well as advising employees who may be experiencing issue at work surrounding this topic.  Please contact imardarescu@astonbond.co.uk or 01753 486777

COVID is very much still with us!

The virus will once again put pressure on the NHS this winter…

The British government may have ended all legal covid-19 restrictions however with cases still fluctuating, is going to work when you’re sick really a good idea?

In this article we will answer some of your top asked questions…

Can I go to work with covid?

Yes. Even after testing positive for covid, you can go to work.

However, workers are encouraged to follow the government’s guidance and stay at home until they have tested negative twice with the tests being taken 24 hours apart.

Do I have to test for covid before going to work?

No, you don’t have to test for Covid before going anywhere, including to work.

Most people in England are no longer advised to get tested and can no longer get free lateral flow tests from the NHS unless you are one of a small number of people who are eligible.

Those who want to get tested must buy a Covid-19 test from pharmacies and other retailers.

What should I do if I feel unwell?

According to the department of Health and Social Care, you should work from home if you can avoid contact with other people if you are experiencing any of the covid symptoms…

Symptoms of covid include a continuous cough; high temperature or fever, loss of or change in normal sense of taste or smell, shortness of breath, lack of energy, lack of appetite, headache, sore throat or runny nose.

What are employers’ obligations?

Although there is no requirement for employees to tell an employer they have tested positive for covid, employers do have a duty of care to all of their staff.  This means that if an employer is put on notice that an employee has covid, they should do their best to avoid placing other employees at risk.  This is particularly the case when other employees may be vulnerable.

Government guidance currently states that employees should stay away from the workplace until they have had 2 negative tests at least 24 hours apart.  Where possible, it is highly advisable for employers to ask their staff to stay at home until this time.

On a practical level, keeping the workplace as safe as possible will limit the number of staff who succumb to covid generally. 

We understand that the impact of the pandemic is still being felt deeply by employees, leaders and HR practitioners. For more information or guidance, please contact imadarescu@astonbond.co.uk or

01753 486777

The 2022 World cup in Qatar sees 32 nations taking part in 64 matches until Sunday 18^th December. This large sporting event means employers should plan ahead and be prepared to be flexible to minimise disruption to the business.

It is likely staff will want to watch some of the matches and therefore requests for holidays and flexible working may increase over this period.  How employers treat their staff over this period could set the tone for their future working relationship so it is worthwhile having this in mind. 

There are several reasons why the world cup could provide fresh challenges for employers:

• It is the first ever winter world cup.

Most employers are used to dealing with their workforce taking holidays during the summer. However, that is often a quiet period in any event.  For many businesses, the weeks leading up to Christmas are their busiest period and this World Cup therefore creates additional staffing issues. 

To avoid the risk of too many staff requesting time-off, employers could make arrangements for the matches to be watched at work in the staff room for instance. 

• The choice of country is controversial due to its views on LGBTQ+ members of society.

Individuals who would ordinarily support and enjoy the event are taking decisions not to watch matches and employers should be sensitive to these views in their organisation of any World Cup-related events or activities.

• Discriminatory “banter” is always a danger.

Events such as the World Cup increase the risk of discriminatory comments and employers are likely to be liable for comments made by their employees in the workplace or at work events. Employers should consider reminding employees of their responsibilities and how easy it can be for “banter” to cross the line into discrimination.

• Procedural fairness

Employers need to ensure that any requests for holidays and flexible working are dealt with fairly and equally for all.  In particular, employers should not favour for instance the England matches only but should be aware that staff members may want to support their own team/country throughout the World Cup.

Employers should bear in mind that refusing annual leave for business reasons is possible – but as always a clear procedure should be in place and criteria communicated effectively.

At Aston Bond we understand that this large sporting event can be a chaotic time for employers.  For any assistance in dealing with staffing issues over this period, please contact:

imardarescu@astonbond.co.uk (Head of employment )

The national living wage is the government-set minimum rate that employers must pay to staff for each hour worked.

Starting from April 2023, millions of workers will be getting a boost in their wage packet after Chancellor Jeremy Hunt announced a rise in the National Living Wage.  The rise was announced yesterday at a rate of 9.7% from April which is a considerable increase to past years.  This means that the rate in real terms will increase in April as follows;

For 23 years olds and over –  £10.42 per hour.

For 21-22 years old – £10.18 per hour.

18-20-year-olds – £7.49.

16-17 year olds – £5.28.

Apprentice rate will also be £5.28 per hour.

The move is expected to benefit more than two million of the UK’s lowest-paid workers.  Whilst it has largely been welcomed there has been some criticism that self-employed individuals have been forgotten.

However, the pending increase has caused some concern for SMEs.  Many small businesses will struggle with the increase alongside the increase to energy and other costs and this in turn could well lead to an increase in redundancies. 

Employers will need to use all of their skills at this time to encourage good financial health within their businesses.  It is always advisable to discuss and plan areas which can be improved with employees and to get them involved, both in the ideas and implementation of any cost-cutting exercise.  Undoubtedly one of the ways small businesses will look to cut costs is through redundancies.  However employers “will need to ensure they carry out the process fairly and properly to avoid any future legal complication.  Redundancies may not be the only way forward either and advise should be sought early on in considering other options, such as implementing lay-offs and short-time working if necessary.

At Aston Bond, we help businesses ensure they get it right – be that the rate they pay, the contracts they have in place or the procedures required to make changes the a business.

If you would like discuss your options, please contact Ilinca Mardarescu  (Head of Employment) on imardarescu@astonbond.co.uk