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The Manchester restaurant ‘20 Stories’ received over one thousand applications for a receptionist job within twenty-four hours of posting the role, highlighting the lack of positions available and the considerable rise in unemployment. It is likely that such a large talent pool provides opportunity for businesses to have their pick of many highly qualified candidates; however employers must be mindful to remain objective in their pursuit of the right person for the job.
In 1943 Abraham Maslow proposed his psychological theory on the hierarchy of needs as part of his paper titled “The Theory of Human Motivation”.
Managing an employee with a drinking problem is a complex matter, requiring consideration for confidentiality, understanding and support that would normally be applied in other physical or mental health scenarios.
With Coronavirus impacting businesses and the immediate employment law challenges being faced, it could be easy to miss the introduction of an increase to the National Minimum Wage (“NMW”), taking hourly pay for people aged 25 and over to £8.72 (among other changes). An employer perceived by an HM Revenue and Customs (“HMRC”) enforcement officer to be failing to deliver the current rate, may be served a ‘notice of underpayment’; if this is disputed by the employer, it may well end up being argued in an Employment Tribunal (“ET”).
Employers may take steps to monitor employees using CCTV, bag searches, drug testing or checks on websites or emails. The extent of the monitoring should be set out clearly in the employee handbook/contract of employment and should not be a surprise to the employee; the employer should also ensure that the monitoring is compliant with data protection law and unintrusive for the colleague. Inappropriate monitoring may lead to an unhappy employee, resigning and claiming constructive dismissal. A poorly thought-out bag search or drug test may be construed as discriminatory, assault or false imprisonment.
The Kubler Ross “change curve” maps the personal emotional journey of an employee when typically dealing with business transition. Each individual is different, although the model documents a consistency in mental attitude when faced with a business change situation. Understanding the psychological journey of an employee throughout a process greatly increases the potential to manage it well by taking into consideration the feelings of the colleague, in balance with the application of an employment law or people procedure.
The marriage discrimination provisions of the Equality Act 2010 largely reflect the protection afforded from discrimination for married persons as set out in the original Sex Discrimination Act 1975. Marriage and civil partnership discrimination occurs when there is direct discrimination, indirect discrimination or victimisation on the basis of the union. Compensation is uncapped and not time-barred and tribunal awards can be substantial, particularly if there are malicious or aggravating circumstances.
In case you missed it, or if you’d like to watch it again, take a look at the latest webinar from The People Department, ‘Managing People In A Virtual World’ – recorded live.
A Non Disclosure Agreement (“NDA”) or a confidentiality clause may be used by an employer to prevent an employee from disclosing information. Amid growing controversy in the use of NDAs in cases of criminal activity, sexual harassment, discrimination and whistleblowing, ACAS recently issued new guidance in the fair and proper use of such a document. This forms part of the Government’s response to the use of NDAs by businesses in discrimination cases.
When Leaders frequently ask for feedback from their teams, they gain a deeper perspective about themselves as Managers that others will also pick up on, enabling them to make improvements in the way they manage, motivate and lead their teams. Giving and receiving feedback is a powerful behaviour that is critical for leaders to practice every day, but it becomes even more critical during times of change and disruption.
Looking ahead to developments in employment law for 2020 that may require consideration for your business.
Sajid Javid recently announced that the National Living Wage (NLW) will increase to £10.50 over the next five years and the age banding eventually expanded to anyone over the age of twenty-one years.