9 minute read
Employment Law Update
EMPLOYMENT TRIBUNALS
DISMISSAL
DISCIPLINE & GRIEVANCE
DISABILITY
DATA PROTECTION
BULLYING & HARASSMENT
Continuous service and employment rights
By Jenny Brunton, Employment Solicitor, Law At Work Under UK employment legislation, many rights as an employee may not arise until a minimum length of continuous and unbroken service has been completed. It is important for employers and employees to be aware of the qualifying service rules for each right before deciding on a particular course of action.
Defining continuous service Continuous service can be defined as the period of unbroken time that an employee has worked. It is governed by statute: employers and employees cannot opt into or agree an alternative period of continuous service. Absences due to holidays, sickness or other granted forms of leave (such as maternity, paternity etc) do not affect continuous service. The most common example of an event, which does break continuity, is a week, Sunday to Saturday, between contracts. As part of the Taylor Review reforms, government has proposed to extend this period to four weeks to provide greater protection for employees. Unfair dismissal
In order to make a claim for unfair dismissal, the standard minimum length of continuous service is two years. Previously, employees needed only one year of continuous service but this was doubled in 2012. Linked to this is the right to request a written statement explaining the reasons for dismissal, which also does not come into effect until two years of continuous service have been completed. Some claims which are counted as automatically unfair dismissal do not require a qualifying continuous length of service – a few of which are discussed further on such as; discrimination linked to dismissal because
of a protected characteristic, dismissal due to whistleblowing, dismissal due to health and safety activities and, dismissal due to exercising a statutory right. Nevertheless, generally an employer has far more flexibility in exiting an employee from their business in the first two years of employment as they do not have to carefully identify the fair reason for dismissal or demonstrate that they have followed a fair procedure in the lead up to terminating the contract.
Redundancy The minimum length of service required for an employee to be eligible for statutory redundancy pay is two years. However, where an employer is obliged to collectively consult because it proposes to make 20 or more redundancies at one establishment, all employees are entitled to be collectively consulted with. Where the employer fails to do so, all employees may be eligible for a protective award irrespective of their lengths of service.
Discrimination
The right to make a claim of discrimination does not have a qualifying period. This is known as a day-one right, however a discrimination claim can be brought
in respect of treatment which occurs before day one of employment as a job candidate can bring a discrimination claim in respect of the recruitment process. Short serving employees who feel aggrieved will often couch their concerns as a discrimination claim in order for the tribunal to have jurisdiction to hear it.
Whistleblowing Whistleblowing as an employee’s right is granted from day one. No qualifying period is required and an employee holds the right not to face detriment or dismissal due to blowing the whistle.
Family friendly rights Under the topic of family rights, there are some rights, which are granted from day one, and others, which require a qualifying period of continuous service. Maternity leave, along with adoption leave, parental bereavement leave and unpaid leave for unexpected family emergencies, known as statutory time off for dependants, are all day one employee rights. However, some rights such as paternity leave, and shared parental leave require twenty-six weeks of continuous service. Statutory maternity, paternity, adoption and shared parental pay all have a twentysix week minimum service requirement, whilst unpaid parental leave has a continuous service requirement of one year.
Pay rights Most rights linked to pay do not hold a minimum qualifying period of continuous service. These are: the right to receive the national minimum wage, the right to not have unauthorised deductions from pay, the right to paid holidays etc.
leading leading
OUT OF LOCKDOWN
By Andy Moore
Anyone can steer a ship when the sea is calm. But what about steering the ship in times of crisis? HR leaders have had to transform themselves and their leadership style as the COVID crisis continues to present significant challenges in the way employees, teams and groups are inspired and mentored by their leaders. Andy Moore discovers how senior professionals can lead out of lockdown.
Wind the clock back to just over a year ago: few HR leaders would ever have imagined they would face such turbulent times in one of the greatest leadership challenges in living memory. Leaders are now better versed in leading virtually rather than by their physical presence – but some may have the self-held view they are shadows of their former leadership selves.
To lead is to be seen and heard. And now leaders have to He says that leaders must reassess how they lead in a deal with the unique circumstances of a remote business post-COVID world, and this will depend on what kind of a and colleagues, many of whom are occupied by the working world we will emerge from. It may well embrace a distractions of home schooling, caring for relatives and hybrid homeworking model, combined with in-person their own anxieties. leadership, fitter for the 21st Atholl Duncan, chair of the century. Black Isle Group and author of The people profession has Leading through collaborative ‘Leaders in Lockdown’ believes that leadership has had to seen the exposure of the working, he reasons, will remain as important as ever for undergo a ‘complete rethink’ during the pandemic. Every superhuman leader as a colleagues to share ideas and socialise in the workplace. long-held belief in the way thing of the past; leaders “The fighting your way up the leaders lead, engage and inspire their colleagues has been challenged by the crisis, now have to become more empathic, connected and corporate ladder work ethic with only brief holidays begs the question, is this what we’re he adds. “Leaders must ask themselves listening leaders put on the earth for?” he asks. “The traditional leader what kind of a leader is generation may see COVID effective in this crisis and what as just adapting to work and attributes they need when leading out their people out of not traveling, while younger leaders see this as a watershed it,” Atholl explains. “The people profession has seen the moment that will revolutionise the way we work permanently.” exposure of the superhuman leader as a thing of the past; So what are the challenges to inspire in this new world of leaders now have to become more empathic, connected work? Remote working teams are a new dimension to and listening leaders.”
leaders. After all, having a physical presence is fundamental so that teams can connect through body language, share knowledge, interact socially and build trust and relationships. “To attract and enrich its employee base in a remote world, leaders must embrace opportunities to recruit people from outside Scotland,” Atholl stresses. “The tech sector, for example, leads in this ‘work from anywhere’ culture – with some countries even offering ‘work from anywhere visas’, regardless of where the employer is based.” So how can HR leaders maintain visibility virtually? Atholl adds that leaders must ask themselves what is effective virtual connectivity? From blending a mixture of group meetings, seminars and one-to-one engagement, the key to leading through lockdown is through meaningful and structured communication. And such an approach goes way beyond virtual conferencing: leaders can inspire using a whole gambit of mediums such as podcasts, relevant staff circulars and even in person at socially distanced meetings in outdoor locations. “Leaders have to become much more inventive about how they make themselves available and how they construct virtual conversations,” he continues. “Leaders must strive to connect and engage with their audience, and there are many ways they can connect – but a good objective is to share a common ground, which includes showing empathy, interest and caring for their people.” Leaders must reinvent the traditional working week and its rhythm to create a whole range of in-person interactions that would have occurred in the workplace. Gone are the five-minute chats about sport, holidays and business on the way to getting coffee. Instead, the approach is to think of new ways to engage colleagues in different situations and times in their homes many miles away. Meeting agendas matter too. They must have purpose – for example for decision making, information sharing, consultative or listening – and staff must also have some autonomy to book time with their leaders to maintain trust and relationships. Atholl stresses that leaders must avoid recreating the rituals of the office at all costs, as many ways of working, are damaging to morale and motivation. Effective leadership also depends on leaders looking after themselves in their career path, and also in mind and body in these anxious times. Summing up, Atholl says: “Many leaders and organisations have made remarkable efforts during this crisis, such as finding new business, revenues and ways of working. I am confident they will continue to adapt and thrive. From managing hundreds of staff remotely to diversifying their business, it is truly inspirational what leaders can achieve.”
Leading through Lockdown
• What kind of a leader is effective in this crisis?
• Embrace hybrid homeworking with in-person leadership
• Leading through collaborative working will remain as important as ever
• Leadership will have to become even more creative after COVID
• They must reinvent the traditional working week and its rhythm of interactions
• Meeting agendas matter and have purpose for decision making, information sharing, consulting or listening
Atholl Duncan will be one of the keynote speakers at the forthcoming Hr NETWORK ‘Strategic Workforce Planning’ Conference & Exhibition, which takes place on Thursday 13th May 2021. To book your delegate place visit the Events page on the Hr NETWORK website.
