Month: October 2021

An accountancy practice with 150 employees acted wrongly when they failed to introduce, clarify and communicate the businesses new approach to hybrid working – where some staff could work from home 3 days per week.

The business had welcomed the new hybrid working approach during the pandemic, but they had failed to communicate this effectively to employees in writing or add it to the employee handbook.

The result was that different members of staff had been told different things about the new hybrid working policy – with some people being informed it was 2 days per week working from home, whilst others being informed it was definitely 2 days per week working in the office.

The confusion led to huge disagreements internally with many staff feeling they had been treated differently to others in other teams and it seemed like there was one rule for administrators and admin staff and another rule for managers and above.

Sejal Patel, Solicitor, Employment Team
Lawson West Solicitors, Leicester

Was this legal for the employer?  Answer: Yes. 

There is nothing illegal about poor communication, however, the employer is lacking in not communicating their policy in writing so there can be no doubt about the requirement and how it affects all staff and the basis of the approach. Post-pandemic, the management of staff morale to do with working from home is an important one to get right and we would recommend businesses fully engaged with their staff to communicate new working arrangements and policies particularly when they require different approaches for different work types.

A failure to properly communicate working requirements can result in breaches of policy, unfair treatment and potentially constructive dismissal or disciplinary action.

 

If you have been affected in a similar way to our Halloween Horror Stories, or you have any questions relating to your employment contract or employee contracts, then please Contact Us here. We can provide supportive advice leading to sensible and successful outcomes.

A new Machine Operator employee of a textile business was offered a role to work in a textile weaving business with the promise of an employee contract to follow.

He started his new job and worked there for 3 months, constantly asking to see his new contract of employment. He was being paid but his pay amount looked wrong to him. 

When his contract did eventually come through to him, 3 months late, it had stated his holiday entitlement incorrectly and his hours of work incorrectly, making him out of pocket by £5,000 per year on pay and 3-day per year on holiday entitlement.

He was angry as he had already handed-in his notice from his previous employment with good intentions.

When he tried to negotiate his contract terms, this was flatly refused by the employer.

Satinder Kaur, Trainee Solicitor, Employment Team
Lawson West Solicitors, Leicester

Was this legal for the employer?  Answer: Yes and No.

The employee should have sought written confirmation of the pay and holiday entitlement before taking on the new job – that was their responsibility to get right. The employer should have produced the new contract of employment before the employee handed in their notice – that was for the employer to get right. In this instance, a simple negotiation with one of our experienced employment solicitors, between the employer and employee, could bring about a mutually successful outcome.

If you have been affected in a similar way to our Halloween Horror Stories, or you have any questions relating to your employment contract or employee contracts, then please Contact Us here. We can provide supportive advice leading to sensible and successful outcomes.

Situation:            A sausage manufacturing business who employed 48 people faced extreme hardship after their European export orders suffered post-Brexit and they faced supply chain issues for meat and ingredients, which were harder to obtain during the pandemic.

The financial position of this family-owned company worsened and sadly it became technically insolvent but not before deciding to sell the business interests to a larger meat catering company as a take-over proposition.

The take-over agreement meant that 50% of the staff jobs were saved and that 50% had to be made redundant to make the business more attractive financially. The 50% of staff who were made redundant were given no TUPE protected rights and none of them were consulted about other roles working in the larger employer’s business. 

 
Ashley Hunt, Director & Solicitor, Employment Team
Lawson West Solicitors, Leicester

Was this legal for the employer?  Answer: No.

TUPE Take-overs are required to protect employee TUPE Transfer rights – and the right to be offered another job on the same pay and entitlements through consultation and equal treatment.

If you have been affected in a similar way to our Halloween Horror Stories, or you have any questions relating to your employment contract or employee contracts, then please Contact Us here. We can provide supportive advice leading to sensible and successful outcomes.