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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 current example, employers should ensure they have sufficient handwashing stations and supplies, tissue disposal options and appropriate postings regarding sanitation and hygiene.
  • Consider improved infection control/sanitization practices for high-touch areas such as equipment, machinery, restrooms and breakrooms, and sanitization materials for workers and visitors.
  • It is likely that in every

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 In Certain Circumstances

At the federal level, the Centers for Disease Control and Prevention (“CDC”) has advised all employers to consider “community level spread” of COVID-19 when determining appropriate workplace precautions, stating that workplaces in communities with minimal to moderate community spreading should, among other things, “[c]onsider regular health

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.

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

In 2018, in response to the #MeToo and #TimesUp movements, New York State enacted laws to provide stronger protections against workplace sexual harassment, including mandating that New York employers have a complaint and investigation process and a sexual harassment policy, and provide their employees with training.

On June 19, 2019, the New York Legislature voted to further reform New York law and to extend protections under the New York State Human Rights Law (“NYSHRL”) to employees of all protected categories from all forms of discriminatory harassment in the workplace.  See NYS Assembly Bill No. A8421.  The bill is expected to be signed by Governor Andrew Cuomo, who supported the measure.

Once enacted, some provisions will take immediate effect while others will be phased in over the course of one year.  Here is the timeline for some of the provisions:

Managing mental health issues at work

This week is UK Mental Health Awareness Week.

Managing mental health in the workplace is an increasing priority for employers, with a recent survey highlighting costs to business of nearly £35 billion a year due to sickness absence, reduced productivity and staff attrition.

The employment law issues associated with poor mental health are complex and include stress, personal injury, disability discrimination, bullying and harassment and unfair dismissal.

Employers can do much to manage the impact of poor mental health on their business, with a focus both on encouraging good mental health in the workplace through awareness, education and appropriate support frameworks, and on how best to manage mental health issues that do arise.

Bryan Cave Leighton Paisner LLP has a team of knowledgeable lawyers and other professionals prepared to help employers manage mental health workplace issues. 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.

Unconscious Bias in the Workplace

April 11, 2019

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In 2019, discrimination is rarely overt or deliberate.  As a society we have come a long way from the ‘No Blacks, No Dogs, No Irish’ signs of decades past.  But conscious intent is not necessary for unlawful discrimination to occur.  We all have unconscious biases based on stereotypes and prejudices.  We may not always realise our biases, but we do need to be aware that biases related to protected characteristics such as age, sex and gender can give rise to unlawful treatment.

In the UK, under the Equality Act 2010, direct discrimination occurs where “because of a protected characteristic, A treats B less favourably than A treats or would treat others”.  In a discrimination claim, it falls to the Tribunal to consider the reason why the claimant was treated less favourably.  In other words, what was the conscious or subconscious reason for the treatment?  This requires the Tribunal to undertake an enquiry into the mental processes of the alleged discriminator.

As a reminder, the burden of proof lies initially with the claimant, and then shifts to the employer where the claimant shows a ‘prima facie’ case of discrimination.  If the claimant can establish a sufficient difference in treatment then there is likely to be a prima facie case of discrimination.  The alleged discriminator will then need to show a cogent reason for its actions.  Where there is no overt evidence of discrimination, the Employment Tribunal is entitled to draw inferences from the surrounding facts in order to conclude that unlawful

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