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Please find below the latest blog posts from our Employment & HR team.
"Our annual Christmas party is coming up, but I’m concerned about keeping our employees safe and protecting our company's reputation. What measures can we take to ensure there are no issues?" Employers are ultimately legally...
Employment law is consistently developing, as legislation can often take longer to catch up with the changes in employment trends we see across workplaces. Working-from-home setups have revolutionised the way many of us work, with employers offering...
The headlines involving Phillip Schofield's personal relationship with his colleague has probably got everyone in Employment and HR roles thinking about workplace relationships from an HR perspective. It is common for personal relationships (both...
Following the recent N Sejpal-v-Rodericks Dental case (EAT-2020-001407-AT), there has been discussion in the dental sector about the status of Associates and whether they are self-employed, workers, or both. Worker status is relevant for tax, employment...
As workplaces across the country are settling into new ways of operating, many colleagues and employees are combining home-based and office-based working. While some employers are relaxed about this, there are considerations to be made around things like...
In simple terms, a protected conversation provides a degree of protection for discussions about possible termination of employment. The protection only extends to claims for unfair dismissal and not to other types of claim, such as automatic unfair...
The legal definition of redundancy covers situations where a business either closes a business altogether, closes a Workplace (closure of one of several sites, or relocation to a new site) or has a diminished requirement for employees to do work of a...
A workplace investigation is an investigation a process undertaken with the view of establishing the facts of an unclear situation. They are typically used in relation to disciplinary matters or grievances. Tip 1 It is important to train any...
Currently, vaccination is not mandatory in the UK apart from those who work in registered care homes in England. If you are in a non-mandatory sector and are considering asking staff about vaccination status, these are our tops tips. Tip 1 We recommend...
Hybrid Working is a form of flexible working where working time is split between remote working away from the workplace (at home or some other remote location) and time spent in the workplace. Tip 1 If you can embrace it as an employer in your industry...
A red weather warning for parts of Wales has been announced from early tomorrow, Friday 18 February 2022. Employers must make quick decisions as they have a duty of care to support their employees and minimise risk. Employers may wish to consider: Can...
To help reduce the pressure on GPs during the booster programme, the regulation around fit notes has been amended temporarily. Up to 26th January 2022 a fit note is no longer required until an absence is over 28 days This applies to an absence that...
"I am a manager and a member of my team has a strong body odour. I haven’t wanted to say anything as not to cause offence, but I’ve noticed their colleagues starting to leave antiperspirant cans in the toilets and I’ve overheard...
After a difficult year many of us are looking forward to letting our hair down a little at the work Christmas party. However, with the announcement of the new Omicron Covid variant, employers and employees alike are becoming nervous. Employers have an...
It is not unusual for farmers to engage workers on the farm but what is the status of these workers in so far as employment law is concerned? This is important because a “worker” or an “employee” can establish certain rights under...
The First Minister of Wales has announced new rules around self-isolation. It comes as covid-19 rates increase across Wales, however figures shows cases may be dropping. Previous rules allowed household members of someone with covid symptoms or a...
More employers are embracing the idea of hybrid working, having seen their teams cope with its challenges during the pandemic. It may be the case that for some office-based companies, the working world has changed for good. However, splitting time between a...
You may have noticed a recent highly publicised case that reached mainstream media outlets, in which Alice Thompson, was awarded an eye watering £185,000 compensation as a result of indirect discrimination in the work place. This was following her...
Employers must pay their staff no less than the National Minimum Wage (NMW) rates. Otherwise, they open themselves up to the risk of claims, financial penalties and “naming and shaming” by HMRC. It has been reported that 10 firms in Wales...
The Welsh Government has publicised new guidance on taking reasonable measures to minimise the risk of exposure to coronavirus in workplaces and premises open to the public. By way of background to the guidance, The Health Protection (Coronavirus...
The sight of people wilting under fans and going about their daily lives in shorts and sandals is a rarity in Britain – we are more used to being buffeted by the wind and rain during our daily commute. But as temperatures soar, we are facing some less...
The Covid vaccine is to become compulsory for care home staff at Care Quality Commission registered care homes in England, unless they are exempt on medical grounds. The position in Wales is different. The Welsh Government has indicated, most recently on 9th...
A press conference last night showed Wales’ First Minister Mark Drakeford setting out new rules as Wales enters Level 0 in relation to Coronavirus restrictions on 7th August 2021. Here is a summary of the changes that will effect...
In this blog Employment Associate Solicitor Catherine Almeida, along with Trainee Solicitor Benjamin Griffiths, outline some recent Employment Law decisions that will shape the ever evolving landscape for employers in England and Wales. What is working...
"I run a cleaning company in South Wales using scores of self-employed workers. The business model works for me, and my team members like having the flexibility to fit their hours in around childcare and other commitments. Will the Uber case force me...
In a landmark case for Employment Law, the Supreme Court hands down judgment that Uber drivers were ‘workers’ within the definition of the Employment Rights Act 1996, National Minimum Wage Act 1998 and Working Time Regulations 1998. The...
Employers and employees may have noted with interest a story in the media about high profile firm, Pimlico Plumbers, which is allegedly planning to rewrite its workers’ contracts to require them to have the Covid-19 vaccination if it is safe for them...
2020 A Round Up 2020 was an exceptional year for all involved in the world of Employment Law. As we got to grips with changes in our everyday lives and legislation to mitigate the effect of those changes, the key changes affecting Employment...
With the UK back in national lockdown and shielding reintroduced in England and Wales we are receiving a number of questions from our clients on this subject. We have put together this useful Q & A to help both employers and employees with the most...
Many businesses were eagerly awaiting the Government’s furlough contribution review in January 2021. To ensure businesses can prepare for the new year the Chancellor has released a Christmas cracker announcement confirming that the...
The Government has published the 4th edition of treasury guidance on the Coronavirus Job Retention Scheme (CJRS) which permits the Furloughing or Flexible Furloughing of Employees. The key changes are outlined below:- The CJRS Bonus that would have been...
Boris Johnson played the ultimate ‘trick or treat’ this Halloween by announcing major changes to the support available to employers and employees. The changes announced on Saturday 31st October, came into play less than 12 hours later, in order...
The Government has planned to replace the Coronavirus Job Retention Scheme (CJRS known as ‘Furlough’), with the Job Support Scheme (JSS) with different rules for business which are open and for businesses which are forced to close due to...
The Government has planned to replace the Coronavirus Job Retention Scheme (CJRS known as ‘Furlough’), with the Job Support Scheme (JSS) with different rules for business which are open and for businesses which are forced to close due to...
Many employers and employees alike have become increasingly concerned about the breaking of travel corridors that permit safe travel to certain countries on the UK’s exemption list. If you travel to a country not on this list, you must quarantine for...
I plan to move out of dairy farming so, regrettably, I may have to make my herdsman redundant. He lives in a farm cottage and I will need him to move out, but I don’t want conflict and I want to deal with this properly. How should I proceed? ...
This blog was last updated 9 April 2021 . Questions are being raised by both employers and employees on the rules around annual leave during the coronavirus pandemic. The new legislation explained: Under the Working Time Regulations emergency...
From July 1 many employers may be looking at introducing part time working as well as claiming from the Coronavirus Job Retention Scheme. HR Advisor, Natasha Johnston, shares some updates regarding flexible furlough. Employers are only able to use this...
We have been living with the Coronavirus pandemic for the last three months and many employers and employees are now facing concerns about start dates and probation periods that need to be addressed. Some employees are rightfully concerned where they are...
With recent changes and updates received from both Westminster and the Senedd, there are questions about what this means for businesses who may be using the Coronavirus Job Retention Scheme to furlough employees. As a brief overview the following...
For any employers or employees who have questions around the furlough scheme, we hope you find this Q&A blog helpful. This blog was last updated on the 4 March 2021 with the most recent questions added at the end of the article. On...
As firms across Wales are continuing to get to grips with the implications of the COVID-19 in the workplace, fresh regulations have come into force here to ensure employers are keeping their colleagues safe at work, by maintaining a two metre social...
Over the weekend the Government updated additional information on claiming furlough payments when employers use the Coronavirus Job Retention Scheme (CJRS). Our first update, giving a general overview of furlough was published on the 26 March 2020....
Employers and employees are understandably preoccupied with the impact of the Covid-19 epidemic. As well as the unprecedented changes that this pandemic has brought about, there are other key changes that have either taken place or are about to happen that...
A video blog by Catherine Almeida, Employment Solicitor– JCP Solicitors. Please note this video was uploaded at 10am on Tuesday 31st March 2020 and is a response to questions asked by For Cardiff members. To read more about Furlough please click ...
At a time when we are all preoccupied with educating our children, physically isolating ourselves from the rest of the world, trying to set up remote working, keeping up to date with the latest government announcements and dealing with concerns about health,...
Last night we received extended information about the Coronavirus Job Retention Scheme, which we informed you about here . Here are some of the key updates that employers need to know. However, this is a fast-moving situation, so it is important that...
Please note this article was published at 9.30am on Tuesday 24th March and is subject to change as further information is provided. Businesses across the UK will have been heartened by the Chancellor’s announcement of a Coronavirus Job...
The introduction of the GDPR 25 May 2018 caused widespread projects and detailed compliance projects for every organisation that processes personal data in EU member states. The key message at the time was ‘data protection by design and...
From time to time employers may be faced with sudden or unexpected events that leave them with staff shortages or unforeseen business demands. This can be made more difficult when a key employee has planned to take annual leave at the same time. ...
Employers should be mindful of adopting a blanket approach when it comes to managing situations where employees fail to return on time from planned annual leave. There may be genuine reasons that prevent employees from returning to work as planned,...
The topic of non-disclosure agreements are at the top of the news agenda on a regular basis – and you could be forgiven for thinking they are shady contracts, since they have been associated with some fairly salacious headlines. However, settlement of...
There are a variety of reasons a deduction from salary may be required, for example, a one off payroll error or you may fund an expensive training course for an employee and they leave the company shortly after completion. Whilst in many scenarios you may be...
With the way the UK will eventually leave the EU still very much up in the air, understandably businesses are cautious in how they tackle Brexit preparations, particularly those with employees using their right to free movement within the EEA to legally work...
Most HR departments will have to deal with the issue of poor attendance from time to time. Unusual or unpredictable weather can add to that conundrum with absences that don’t fit neatly into many companies defined attendance management or unpaid...
Legal cases involving dress codes at work – whether they are about high heels, religious-themed jewellery or tattoos - always grab headlines, and they can leave some employers feeling embattled and nervy. The Government has just issued guidance for...
Self-employment and the gig economy has never been a hotter topic within employment circles, and since our way of working is becoming less traditional, there is a feeling that the established employment models are being scrutinised and tested. The Pimlico...
An employment tribunal judge has found that Oakwood Leisure Ltd/Deep Sea Leisure Plc acted lawfully when it deducted from an employee’s final salary, the costs incurred as a result of his leaving the company without giving his full contractual...
With the so-called Beast From the East sinking its claws into the UK, many employers will be worried about implications for their business, particularly if staff live in remote or rural areas and are struggling to get to work in the ice and snow. ...
One of the Prime Minister’s most memorable moments has been her assertion, made on the steps of Downing Street in 2016, that Britain should have a labour market and employment conditions that worked for all. Fair working practices, a decent wage and...
The BBC is feeling the pressure at the moment over some alarming incidences of pay inequalities among its workforce, with BBC bosses now making a rare move to cut some male news reporters’ wages by 30 percent, in a bid to close some of the gap. In...
Social media is such an integral part of our working lives now that it is hard to remember how we used to function without it. However, as illustrated by the recent kerfuffle caused by Donald Trump’s sharing of a Britain First video, it is vital to...
With the impending changes to data protection legislation being the hot topic in the run up to May 2018 implementation of GDPR, it is important that organisations understand their obligations to both storing and distributing data responsibly. What is...
The recent slew of allegations about Hollywood mogul Harvey Weinstein has been shocking for many reasons – not least because their scope and their extended timeline illustrate how reluctant victims can be to speak up, for fear of being disbelieved or...
While most people do their best to treat people equally and try to avoid making judgements or assumptions about others based upon the way they look, dress, their age, their sex and their educational achievements, human beings are programmed to do just this. ...
When it comes to body modifications, such as tattoos or piercings, in certain industries questions are often raised regarding employer and employee rights: what they can and can’t ask their employee to cover or remove Although tattoos, piercings...
Leading South and West Wales law firm, JCP Solicitors, has appointed two new Directors from within its ranks. Head of Commercial Lending Recoveries, Sophie Thomas, and Head of HR Services, Clare Bowen, have been appointed Directors at JCP Solicitors...
Alcohol and drug misuse in the workplace is a growing issue, with key ethical and legal implications for employers. According to latest figures* one in 12 16 to 59-year-olds have used an illicit drug, so it is no wonder that misuse at work is something many...
Employers’ circumstances change and, by its nature, farming work is subject to all kinds of fluctuations that farm owners need to accommodate. So it is common that farming employers need to alter their employees’ terms and hours from time to...
The apprenticeship levy is a levy (charge) on UK employers to help fund the costs of apprenticeships training and assessment. The levy will be set at 0.5% of an employers pay bill, (a pay bill is the employer’s total employee earnings subject to Class...
A scheme will be introduced in early 2017 where the Government will pay 20% of families’ yearly childcare costs for children under 12 years old, (capped at £2,000 per child), or under 17 years old if the child is disabled (capped at...
April saw the introduction of the new living wage of £7.20 per hour. Following on from this on 1st October 2016, the national minimum wage for some age bands has increased: A rise to £6.95 per hour for workers aged under 25 but aged at least 21...
Tattoos...piercings....body modifications....In certain industries questions are often raised regarding body modifications such as ‘can I ask an employee to remove a nose stud?’ Although tattoos, piercings and other body modifications are not...
Today we answer three common questions often asked by business owners and those working in HR roles. 1. Can an employer recover training costs from an employee after they have left? Companies will often want to invest in their workforce through...
I run a small farm and I need to alter some of my employees’ hours. Am I on a shaky legal footing if there is no provision in their individual contracts for me to do so? Employers’ circumstances change and, by its nature, farming work is...
Here is a quick rundown on the biggest changes of 2016 in the world of Employment Law......... April saw the introduction of the new national living wage. Workers over the age of 25 are now entitled to the national living wage rate of £7.20 per hour....
A very common question amongst employers and employees right now. There will be no immediate changes to UK employment law; withdrawal negotiations need to take place starting when the UK triggers art.50 of the Treaty on European Union; it is not yet known...
We are pleased to announce a HR workshop being run in December 2016 that will focus on substance misuse in the workplace. It is our aim to help businesses understand some of the policies and procedures that are needed to look after and deal with...
JCP Solicitors has once again been recognised by the Law Society’s practice management standard body, retaining their Lexcel Version 6 Award. After a rigorous assessment of JCP’s practices and procedures, carried out across JCP’s...
I run a farm and I use a number of casual workers during busy periods – often for six months at a time. What are my obligations regarding giving them contracts? This is a common issue in the farming community partly because of the seasonal nature of...
A question that is often asked by our Employer clients is whether in the course of a disciplinary proceeding, an employee is entitled to bring along their Solicitor as the accompanying person. The answer to the question is invariably no, since there is no...
Sounds simple right? But take into account part time workers, shift workers and bank holidays and it all gets very complicated. Getting it wrong is more common than you may think and could even potentially give rise to a financial lost within your...
We are delighted to announce that we have exciting new opportunities for trainee solicitors commencing in September 2015 and 2016. We are looking to recruit two trainee solicitors who will be primarily based in our West Wales offices. One vacancy will...
“When I left school I had no idea what I wanted to do for a living. I remember being 17, and knowing I had big life choices to make but not knowing which way to go. I was terrified to be honest. And I think a lot of young people feel that way at that...
Over 900,000 people think not, having signed an online petition to reinstate Jeremy Clarkson to Top Gear, and this number is growing. Jeremy Clarkson has been suspended for allegedly punching producer Oisin Tymon. Here comes yet another controversial issue...
Did you know that you do not necessarily need to be a Solicitor to work in a law firm? If a legal career has ever appealed to you, why not come along and talk to us about our operational, administrative, paralegal and apprenticeship opportunities. JCP...
We are pleased to announce that we have released new topics and dates for our HR workshops for 2015. Renamed as HR Lunch & Learn, these informal and bite sized sessions will be taking place in Swansea and Carmarthen. They cover various HR...
Last week the Shared Parental Leave Regulations 2014 came into force. This will enable employees who have babies due on or after 5 April 2015 to share up to one year’s leave with their partner. The Regulations will allow Mothers, or the primary carers...
If you have five minutes to spare, grab a coffee and have a look at the below quick top tips I have put together for local businesses. H – HR Policies R – Recognition T – Time off I – Issues with Staff P –...
With Mothering Sunday fast approaching on 30th March 2014, we thought it timely to blog about working mums and expecting mums-to-be! There are many rules and regulations surrounding new and expectant mums within the workforce, for example, the right...
With the recent extreme weather conditions and the continuing storms many businesses and their employees have been affected by substantial flooding and wind damage. In these situations it is important that you provide information to your employees...
The importance of your HR department when expanding a business overseas is paramount; it would be the role of HR to ensure that all employees in the overseas office are following the Organisational Strategy of your founding UK company. When expanding your...
The recent revelation that Abercrombie & Fitch’s ‘look policy’ includes strict guidelines on acceptable hairstyles throws into consideration the legal consequences of such policies. In short, policies like this can be legal, provided...
Towards the end of summer companies tend to start putting those finishing touches to the Staff Christmas Party Plans! But beware the Employment Law pitfalls. It is important that all employees regardless of their age, sex, religion and disability are...
