Tag: negotiation

Acas publishes advice to help employers avoid fire and rehire practices

Workplace expert, Acas, published evidence on the use of fire and rehire practices at work in June.

In response, the Government asked Acas to produce guidance to help employers explore all other options first before considering fire and rehire to change employee contracts.

This new advice has been published today and can help employers maintain good employment relations and reach agreement with staff if they are thinking about making changes to their contracts.

Acas Chief Executive, Susan Clews, said: “Our new advice is clear that fire and rehire is an extreme step that can seriously damage working relations and has significant legal risks for organisations.

“Employers should thoroughly explore all other options first and make every effort to reach agreement with staff on any contract changes.

“Organisations that consult with their workforce in a genuine and meaningful way about proposed changes can help prevent conflict at work and stay within the law.”

Acas advice is that organisations that are considering contract changes should fully consult with all affected staff and their representatives in a genuine and meaningful way.

Effective consultation can help maintain good workplace relations as it allows staff to understand the reasons behind proposed changes and provides them with an opportunity to give their views. This can help to build trust and find a solution that works for everyone.

Tensions can arise if employees feel that they have not had the opportunity to inform decisions around proposals or do not support the changes. This can result in staff feeling less committed and can impact an organisation’s performance.

If both sides are finding it difficult to reach an agreement then Acas advice includes tips on how to:

  • keep discussions constructive;
  • explore alternative options to reach a compromise; and
  • stay focused on trying to reach consensus.  

Acas advises that the practice of fire and rehire is an extreme step that can damage staff morale, productivity, working relations and can also lead to industrial action.

Other risks for employers in using fire and rehire practices can include:

  • making it harder for both sides to reach a negotiated solution if employees feel ‘threatened’ by an employer
  • expensive legal claims from staff who feel that they have been unfairly dismissed or discriminated against;
  • reputational damage, which can make it difficult for an organisation to attract new employees;
  • immediate and long-lasting damage to trust with staff; and
  • losing valued people because they do not accept the offer of a new contract, or staff leaving later due to unhappiness over the change or the way it was made.

Acas’s full advice is available at: http://www.acas.org.uk/changecontract

Can your employer force you back into the office?

There have been reports of people being forced back to workplaces without proper consultation, even as Covid-19 cases remain high, or forced to stay at home due to money-saving office closures (writes TUC’s ALICE ARKWRIGHT). Employers should consult with unions to manage this period positively – rather than issuing directives.

So, what can you do if you feel like you’re being forced to stay at home or go back into the office?  

Talk to your colleagues

If your boss is asking you to return to the workplace or stay at home and you don’t feel comfortable, you should speak to other members and your union rep immediately – they may feel the same about the situation. 

If you raise the issue collectively with your employer, they’re much more likely to listen. Employers shouldn’t be imposing changes on anyone. You and your colleagues should clearly lay out what you want and why it’s beneficial for both you and your employer.  

There’s still limited access to childcare at the moment, so parents and carers may need specific arrangements. Your boss should be working with you and your workmates to understand this.  

And suggesting pay cuts for home workers, as we’ve heard in the media, is the last thing employers should be doing. People have shown huge flexibility during the pandemic and worked hard to keep the country going – now is not the time to be making threats.   

Brush up on health and safety 

There are lots of factors that your employer needs to think about at this time. Primarily, health and safety – is your workplace safe to be in and has your employer considered the mental health impact of returning to the workplace? 

This could include feelings of isolation with continued homeworking or anxiety about returning to the workplace. Our latest webinar provides all you need to know on health and safety at work since government restrictions were lifted.  

Know your rights 

You have certain rights when deciding where to work: 

  1. Employment contract 

Check your employment contract. You might have a “place of work” included and, it could be a breach of contact if your employer unilaterally imposes a change of location, without consent. This is important if your employer is saying you must work from home permanently.  

  1. Safety 

The virus hasn’t gone away, and workers will want to know what their employer is doing to keep them safe. It’s a legal requirement for bosses to carry out a workplace risk assessment. Employers must also carry out the actions that come from their risk assessment – this could include continuing with home working where possible.  

If you think there is a serious or imminent danger to you or your colleagues, you may have the right to leave work depending on the specific circumstances. The relevant law is Section 44 of the Employment Act 1996 and it covers all employees. More information on your health and safety rights on returning to work can be found here. 

And remember, your employer still has a duty to keep you safe when you’re working from home – see our guidance on risk assessments for homeworkers.

  1. Flexible working requests

Under current law, all employees have the right to request flexible working arrangements, this can include a request to change your location either permanently or for part of your working time. Any employee can make a request, you don’t have to be a parent or carer, but you must have been in the job for 26 weeks and you can only make one request per year.  

Employers have to review these requests fairly and respond within 3 months. They can turn down requests for ‘business reasons’ – but we’re campaigning for better flexible working rights for everyone. 

  1. Reasonable adjustments 

Employers have a legal duty under the Equality Act 2010 to proactively make reasonable adjustments to remove, reduce or prevent any disadvantages that disabled workers face. The law recognises that to secure equality for disabled people, work may need to be structured differently, support given, and barriers removed. This can include working from home.  

If you’re a disabled worker and have been working from home successfully during the pandemic, continuing to work from home could be a reasonable adjustment that your employer can provide, should you want it – but bosses must also provide reasonable adjustments in the workplace.  

  1. Right to time off in emergencies to look after children 

There are huge gaps in childcare provision leaving parents without the support they need to juggle work and care. If your employer has given you short notice to return to the workplace, by law anyone classed as an employee has the right to take time off work to help someone who is dependent on them in an unexpected event.

A dependent includes children but also a partner, someone you live with or a person who relies on you to make care arrangements. If you’re looking at any of these options, talk to your union and they can support you.

Finally, if you’re not in a union, join one.

Unionised workplaces have negotiated for additional access to flexible work and support to manage care that goes way above what you get under the law.  

You’re better off in a union – joining a union today

We’re currently running a survey on flexible working – have your say

Alternative Solutions for Relationship Disputes

Family law experts in Edinburgh are suggesting five alternative solutions to couples wrestling with relationship disputes and unable to go to court to reach a resolution under current guidelines.

Gibson Kerr has seen an influx of requests from concerned parents and separating partners as to what options are available to resolve disputes while the courts remain closed for non-urgent cases.

Head of Family Law Fiona Rasmusen (above) said: “We try to encourage clients to adopt ways of resolving their family disputes and concerns which don’t involve a lengthy or expensive court process.

“With the courts currently closed for non-emergency disputes, now is an even better time to engage in an alternative method to try to resolve issues and concerns.

“The particular route you decide to take will depend on many things including the relationship that you have with your former partner and the nature of the dispute.”

The firm has revealed five common methods of resolving disputes that can take place outside of the courts. The more common disputes Gibson Kerr deal with include dividing assets, support, occupation of the family home, and childcare arrangements.

Fiona, an accredited expert in family law, said: “Former couples can sit down together and negotiate an agreement themselves, with advice from their lawyers to hand – this is what’s referred to as ‘Kitchen Table’ resolution.

“This can save a lot of legal fees, and can even make the relationship more amicable than other methods. Once you have terms decided, you should engage your solicitor to have the arrangements drafted into a formal agreement.”

For couples who can’t easily sit down together to discuss their separation, they might find it easier to work with a neutral mediator to come to an agreement. Gibson Kerr advises that couples have separate legal advice throughout the process, and ask their solicitors to create an agreement once they have reached a resolution.

Collaborative law is another avenue open to couples in conflict, where they work with specially trained solicitors to come together and reach a fair and reasonable settlement. In these situations, both parties agree they will not raise court proceedings, meaning it is less likely to result in a total breakdown of relationships.

Fiona said: “The most common way family law disputes are dealt with is negotiations through solicitors, where each party’s solicitor works to come to an agreement – outside of a court.

“Instead of going to courts, we also encourage clients to look at arbitration, where an independent and qualified arbitrator is appointed to hear a case and make a decision. Arbitration can be very useful if there are one or two important points you want to solve, for example deciding the date you separated, or where your child should go to school.

“As well as being completely confidential, you choose your arbitrator and you can decide the timescales and how the proceedings are managed – including where and when it takes place.”

“When the courts reopen fully, separated partners can look to raise an action. The advantages of going to court are that the process is strict in terms of fairness and timescales, and you will get a definite result at the end of it.

“However, as it’s expensive and lengthy, and can be stressful, we tend to advise clients to look at all of the other options available ahead of making the decision to go to court.”

Anyone interested in alternative methods of dispute resolution should contact one of the family law solicitors at Gibson Kerr on 0131 226 9161.