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Employment e-news

Display Screen Equipment – are you compliant

Napthens - May 4th 2021
For the last 12 months there has been a huge shift from office working to home working due to the pandemic and there will be a lot of employees now working from their kitchens, living rooms or if they’re lucky a home office, but what does this mean for an employee’s health?
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Managing conflict: informal vs formal action

Napthens - May 4th 2021
We all have conflict in our lives, it’s a natural part of human behaviour and we are all unique, so it makes sense that with all those personalities mixing its bound to stir up some disagreements from time to time.
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Service provision changes and fragmented employers

Napthens - April 8th 2021
The Employment Appeal Tribunal (EAT) has recently heard the case of McTear Contracts Ltd v Bennett & ors which substantially revises how TUPE will apply under domestic law with regards to service provision changes when those services are fragmented.
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Reporting of accidents

Napthens - April 8th 2021
Accidents, injuries and unexpected incidents at work are something you try to avoid. But they can happen. When they do, it's good to report them, and investigate them - even if no one was seriously hurt -because it's an opportunity to find out why it happened and to stop it happening again.
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Equality and Diversity Training: What is sufficient to establish a “reasonable steps” defence?

Napthens - March 9th 2021
The Employment Appeal Tribunal (EAT) has recently held that an Employment Tribunal was entitled to reject an employer’s ‘reasonable steps’ defence to a claim of racial harassment.
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IR35: are you ready for the April changes?

Napthens - March 9th 2021
The off-payroll working rules, also known as IR35, are a set of tax laws which can apply where businesses engage workers through an intermediary.  The intermediary is usually a personal service company (PSC) but could also be a partnership or an individual.
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Safety culture kick-start

Napthens - March 9th 2021
2021 is underway, and there’s no denying that it’s not started how everyone might have dreamed it would. You might well be thinking, here it is, another doom and gloom COVID-19 article from Napthens H&S but let me stop you there!
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Who’s the employer? Is it always clear cut?

Napthens - February 1st 2021
It would be easy to think that the identity of an employer should be fairly easy to determine. However a recent case has demonstrated that it is not always clear cut, for example, where an employee is engaged by one company in a group but carries out work for another. Here, the Employment Appeals Tribunal (EAT) considered how the correct employer should be determined when its identity is in dispute between the parties.
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Learning & Development – what is the future?

Napthens - December 8th 2020
2020 has been a different year for everyone and we have all experienced changes to the way we do things. Businesses have had to adapt their operations to enable changes to the workforce or operational practices. One area that has certainly been impacted is L&D.
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Have yourself a COVID secure Christmas party

Napthens - December 8th 2020
The festive season is fast approaching, and workplaces are faced with the sad reality that the usual long-awaited Christmas parties are likely to be affected by the current pandemic. Christmas parties play an important role in the workplace. Often decreasing employee turnover, they are a brilliant opportunity for employers to thank their workforce and reward their hard work; this is likely in turn to maintain employee loyalty. Christmas parties are a hub for team building and bonding, giving team members a chance to have fun outside of the usual work focussed environment and can result in strengthened team dynamics and communication.
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The Information Commissioner’s Office (ICO) Right of Access Detailed Guidance.

Napthens - December 8th 2020
Individuals have the right to access and receive a copy of their personal data, and other supplementary information. This is commonly referred to as a subject access request or ‘SAR’. Individuals can make SARs verbally or in writing, including via social media. A third party can also make a SAR on behalf of another person.
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Unfair deductions for training costs

Napthens - November 30th 2020
The repayment of training costs has once again hit the headlines. Last year, it was Capita and FDM Group who were reported to be charging employees who left their training service up to £20,000. With Capita admitting that their practice was unlawful. This year a Costa Coffee Franchise operated by Goldex Investments Essex, have been accused of making unfair deductions from former employees.
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Meet the team: Steph Townson, People Projects

Napthens - November 2nd 2020
Steph has recently joined the Napthens’ Employment Department working in the People Projects Team. Due to the unprecedented times we find ourselves in we have done a Q & A with Steph so you can get to know her.
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Are paranoid delusions a disability?

Napthens - November 2nd 2020
Under the Equality action 2010 a person is disabled if they have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on their ability to do normal daily activities. In Sullivan v Bury Street Capital Limited the question before the Tribunal was whether an employee who suffered paranoid delusions would fall within definition for the purposes of making a claim for disability discrimination.
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Disability Discrimination and Objective Justification

Napthens - August 6th 2020
Many of us will be familiar with the Equality Act 2010 (EA 2010) and know that this act prohibits disability discrimination, harassment and victimisation in the workplace. It also puts employers under a duty to make reasonable adjustments for disabled employees and job applicants who are placed at a substantial disadvantage because of their disabilities.
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Burnout as a result of unmanaged stress

Napthens - August 6th 2020
Wow that’s been a busy few months! I wonder how many HR professionals are saying that right now? COVID-19 has certainly left a mark on us all one way or another. Whether you have been furloughed due to having no work or working every hour available, these last few months have certainly taken their toll.
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