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

The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022 will come into effect on 5^th December 2022. 

What are exclusivity clauses?

An exclusivity clause in an employment contract is a clause which restricts employees and/or workers from also taking on additional work or entering into any other working arrangement with another employer.  They are relatively frequent and often also require the worker to obtain an employer’s consent before undertaking work for anyone else.

The ban on exclusivity clauses for zero hours workers has been in place for some time now.  However, these regulations will extend that protection to include any workers who earn less than the Lower Earnings Limit (currently £123 a week) ensuring that such workers are not restricted by exclusivity terms also.

It will give such workers the right to take on additional employment without being subjected to detriment and/or unfair dismissal where applicable.  Importantly, the qualifying period of two years will not be required under such circumstances.

It is hoped that these measures will;

• Increase participation in the labour market generally;
• Allow workers and employees to gain more flexibility and control;
• Drive higher employment and fill gaps in many industries; and
• Encourage greater economic growth.

The government aims to give businesses the confidence to hire and retain workers and to provide their workforce with the skills and experience that they need to progress in work.  For those who are vulnerable due to the cost-of-living crisis, these measures will help to ensure that low-income workers can boost their incomes with additional work should they wish.

Companies will need to be conscious of these changes so that they do not unintentionally pursue an invalid exclusivity clause or impose an existing one in circumstances which are now banned by the regulations.

Employment law is a fast-moving area of the law. To ensure the contracts you use are up to date and in line with current legislation, please contact us for a free no-obligation review.

For more information, please contact Ilinca Mardarescu (Head of Employment) on imardarescu@astonbond.co.uk

In August of 2022, a telemarketer who refused to keep his webcam on whilst working was fired by Chetu, the US IT company he had worked for since 2019.

The employee was told to share his screen and leave his camera on whilst working.  When he declined, the company fired him for ‘refusal to work’.

The employee had refused by saying ‘I don’t feel comfortable being monitored for nine hours a day by a camera. This is an invasion of my privacy and makes me feel uncomfortable. That is the reason why my camera is not on. You can already monitor all activities on my laptop, and I am sharing my screen’.  However, Chetu argued that this was no different from an employee being observed in an office environment.

Chetu did not appear at the court hearing neither did they provide a statement.

In September, the European Court of Human Rights disagreed with the company and stated ‘Video surveillance of an employee in the workplace, be it covert or not, must be considered as a considerable intrusion into the employee’s private life’.

There was no sufficient justification for the monitoring by Chetu, and therefore the employee’s privacy rights had been violated.

Surveillance in the workplace is increasingly becoming an area of contention between companies wishing to keep tabs on their employees.  The pandemic has seen a rise on companies implementing various methods of surveillance but this recent case has highlighted how worker’s rights need to be considered carefully to ensure privacy is not unduly infringed.

Experiencing unjust treatment at work can be overwhelming. At Aston Bond, we act in all areas of employment law such as unfair, wrongful, and constructive dismissals and discrimination claims.

We work with you to understand the issues at the core of your grievance. Our experienced team ensure your matters are dealt with quickly and amicably where possible. We offer realistic solutions to suit you.

For more information, please contact Ilinca Mardarescu (Head of Employment)

 on imardarescu@astonbond.co.uk