BCLP At Work

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Returning to the office: Key questions and answers for UK employers

As 21 June 2021 gets nearer, how are you going to manage the return to the office? Adam Lambert, Mark Kaye and Lydia Moore answer the key questions being asked by office-based businesses in the first in a series of regular updates on the topic.

  1. Can an employer force its employees to return to the office? Despite the easing of the lockdown in the UK, the government guidance is to still work from home where possible. However, the potential further easing of restrictions on 21 June 2021 will mean that employers will have the option to consider whether it may be appropriate to ask their employees to come back to the office. Employers will need to act with caution and treat each employee on a case-by-case basis. Although the contract of employment will almost certainly require the employee to work at the company’s offices, the impact of COVID-19 should not be disregarded. If an employee is reluctant to return to the office, they should be consulted first so that steps can be taken to allay their fears and other options can be explored. If an employee has a disability, there will be an additional requirement for the employer to

Back to Life: Issues for UK employers as employees return to the workplace

At the time of writing, the Government has published its provisional roadmap out of lockdown and employers are beginning to consider when and how employees may return to the workplace. This article considers some potential options and possible risks relating to a return to work.

Can employers force employees to return to work after lockdown?

It is a general principle of English employment law that employees must comply with reasonable management instructions from their employer. This would include an instruction to attend work.

Whilst health and safety considerations have obviously called this into question during the pandemic, a requirement to return to work may still amount to a reasonable management instruction, depending on the type of workplace, the employee concerned and how easily the employee’s work can be carried out from home. To avoid potential disputes it would be sensible for employers to consult with staff as early as possible to discuss matters and try to seek agreement. This is particularly important if a return to work requires a change to any terms and conditions of employment, as that will require consultation. Employers should take care to consider each individual circumstance on its own merits and be as flexible as

Coronavirus (UK): Managing the rise of DSARs and redundancies during the Coronavirus pandemic

Introduction

During the Coronavirus pandemic, there has been a rise in the number of both redundancies and data subject access requests (“DSARs”). This rise has placed increased pressure on HR teams and Data Protection Officers (“DPOs’”), who are having to grapple with this burden alongside the other day to day challenges posed by the pandemic. This article provides a snapshot of the recent trends and some practical tips from our employment team for dealing with them effectively and/or minimising legal risk.

Redundancies

The Office for National Statistics (“ONS”) recently reported that there were 726,000 fewer people in payrolled employment in January 2021 compared to February 2020. More broadly, it has noted that the UK unemployment rate in the last quarter of 2020 was 1.3% higher than in the same period of 2019. In light of such figures, the ONS has commented that “the increase in UK redundancy rates during the Coronavirus pandemic is faster than during the 2008-2009 economic downturn”.

The Chancellor Rishi Sunak stated in his March 2021 Budget that, whilst Government interventions to support jobs have worked, and the Office for Budget Responsibility’s expected peak unemployment rate has lowered from 11.9% to 6.5%, job loss is very much

UK HR Solutions: Changing terms and conditions

Welcome to the tenth and final post in our current series of hands-on guidance for UK HR professionals. In this series we’ve looked at common HR issues that you’ll encounter in the workplace and given you practical guidance on how to deal with them. Over the course of the series we’ve covered a variety of topics, such as how to handle grievances, disciplinaries, sickness absence, performance management and much more besides.

This week we look at changing terms and conditions.

Click here to read our guidance note on changing terms and conditions.

UK HR Solutions: Bullying and Harassment FAQs

Welcome to the next post in our weekly series of hands-on guidance for UK HR professionals. In this series we look at common HR issues that you’ll encounter in the workplace and give you practical guidance on how to deal with them. Over the course of the series we’re covering a variety of topics, such as how to handle grievances, disciplinaries, suspension, performance management and much more besides.

This week we continue our look at bullying and harassment with a set of FAQs that UK employers commonly ask.

Read our bullying and harassment FAQs >

UK HR Solutions: Addressing Bullying and Harassment in the Workplace

Welcome to the next post in our weekly series of hands-on guidance for UK HR professionals. In this series we look at common HR issues that you’ll encounter in the workplace and give you practical guidance on how to deal with them. Over the course of the series we’re covering a variety of topics, such as how to handle grievances, disciplinaries, performance management, sickness absence and much more besides.

This is the first of two weeks where we focus on bullying and harassment. This time we give a brief overview of taking steps to prevent bullying and harassment, and how to manage an incident if it arises.

Read our Addressing Bullying and Harassment note >

Preparing to Return U.S. Employees to the Workplace

As we approach the one month anniversary of the first “stay-at-home” orders, many are asking when we can get back to work and what will it look like when we do?  In response, companies are beginning to consider the logistics of returning employees to the workplace.  Just as the “stay-at-home” orders vary widely from state to state, any regulatory return to work orders issued by the states, or any guidance issued by any federal agencies, will likely vary widely as well. Employers with multiple locations may again find themselves juggling different requirements in different facilities, with no single approach fitting an entire multi-location business.

Though “stay-at-home” states have not yet issued guidance on how or when they will allow non-essential businesses to begin operating again, such a return could commence at any time.  In order to assist companies with preparing in the absence of regulatory guidance, we have developed the following suggestions for employers’ consideration as they plan to return employees to the workplace and seek to be positioned to do so, when permissible, as efficiently and quickly as possible:

  • Be prepared to comply with the CDC’s Guidelines in effect at the time of a return to work. For

U.S. COVID-19: Employee Temperature Screening: What Employers Need To Consider When Deciding Whether To Implement a Screening Process

In light of concerns about the spread of the novel coronavirus in the workplace, employers are confronting important questions pertaining to the screening of employees for COVID-19 symptoms, including as it pertains to taking employees’ temperatures: May (or must) we screen employees for fevers, and if so, how should we implement such a practice?

In Part 1 of this two-part blog series, we address issues relating to the decision of whether employers may (or must) implement a temperature screening protocol.  In Part 2, we will provide guidance on how to do so.

Non-Discriminatory Temperature Screening Is Permitted

Taking an employee’s temperature is considered a medical exam under the Americans with Disabilities Act (“ADA”) and would normally be subject to strict restrictions. However, the federal Equal Employment Opportunity Commission (“EEOC”) has expressly stated in updated guidance that employers are permitted to screen employees for fevers due to the COVID-19 pandemic.  Some state agencies are following suit; for example, the California Department of Fair Employment and Housing recently issued guidance indicating that temperature checks are permissible and non-discriminatory under the present circumstances, so long as they are conducted on all personnel entering a facility.

Federal Guidance Supports Temperature Screening

Jay Zweig to speak on Workplace Violence Law: Minimizing Claims and Complying With Regulations Under Federal and State Law

We continue to speak with clients on a regular basis about preventing bullying in the workplace, and taking steps to foster a safe environment. If you would like to hear more on these topics, please join me for an upcoming CLE webinar, “Workplace Violence Law: Minimizing Claims” on Tuesday, February 25, 1:00pm-2:30pm EST. Click this link for more information: https://www.sp-04.com/r.php?products/tlgehceena

Bryan Cave Leighton Paisner LLP has a team of knowledgeable lawyers and other professionals prepared to help employers review their employee policies. If you or your organization would like more information on this or any other employment issue, please contact an attorney in the Employment and Labor practice group.

What Employers Need to Know about New York State’s New Discrimination and Harassment Laws: Part 2

On June 19, 2019, the New York Legislature voted to reform New York discrimination law. See NYS Assembly Bill No. A8421.  Although Governor Andrew Cuomo is expected to sign the bill, as of August 7, 2019, it still has not been delivered to him.

This post will focus on changes regarding mandatory arbitration and non-disclosure clauses, the Faragher-Ellerth defense and damages awards.  Below is a summary of some of the provisions in the bill including those covered by our prior post on the expansion of the New York State Human Rights Law (“NYSHRL”), and the effective date of each provision.

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