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

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.