As a business, your people are your most valuable asset. For many businesses your staff costs are the largest expense – and the most operationally complex and unpredictable. At Freeman Fisher, we work closely with our clients to ensure they get the right advice that enables their business to run smoothly when it comes to employment law.
Employment law update training for your business
There have been a number of recent cases and developments that affect your employment policies and practices. Freeman Fisher have created a practical training update for businesses looking to ensure they are up to date, avoiding any unnecessary issues and costs.
Current topical areas include:
Does your current holiday pay calculation comply? Overtime taken into account in calculation of holiday pay.
Our training update will ensure you and your business have the right processes in place in terms of the recent rulings around calculation of holiday pay. A body of case law has established that, as well as basic salary, other regularly recurring payments (such as overtime and commission) should be taken into account when calculating statutory holiday pay as it amounts to “normal remuneration”.
Are your post-termination restrictions reasonable and enforceable? Employers often include post termination restrictions in employment contracts as a means of preventing departing employees from damaging the business’ interests, for instance by poaching clients or other employees or working for a competitor when they have been privy to confidential information.
However, post termination restrictions will only be enforceable if they are reasonable. That is, if they go no further than is necessary to protect a company’s legitimate business interests.
The employment status of your staff. Are they employees, workers or self-employed individuals? The employment status of an individual is important as it will determine what rights they have and, therefore, the obligations you have as a business towards them. For example, employees are protected from unfair dismissal and employees and workers are entitled to paid holidays and national minimum wage. However, given the changing ways in which people work and services are provided, status will not always be clear cut. An employment tribunal will not just look at what the parties have agreed the status to be but what happens in practice. With the emergence of the “gig economy” there has been a recent trend for employment tribunals to find individuals engaged as self-employed contractors are, in fact, workers. Failure to classify employment status correctly can be an expensive mistake!
Discrimination in the workplace. It has long been established that discrimination in the workplace is unlawful. The #metoo movement has placed the spotlight on sexual harassment in the workplace and, connected to this, the ability to use non-disclosure clauses in settlement agreements has been limited significantly. More generally, it is also important for businesses to regularly consider where discrimination/bullying policies can be updated and that employers are up to date with their obligations towards their staff.
Training updates and policy and documentation review developed to take the headaches away and get you up to date. Get in touch with us here at Freeman Fisher – our team can come into your business and deliver the training on the latest employment law updates, case law and policy changes. Plus we can review your documentation, provide specific advice and create templates to fit your business that comply with the latest rulings.
Get in touch with Sinead Kennan or call 0161 835 9090 to arrange a training session.