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The new year is a good opportunity for employers to review and refresh HR policies and procedures. One change that employers should be aware of, which came into effect at the end of October 2023, relates to when prison sentences become spent and therefore no longer need to be declared to prospective employers, which will have a knock-on effect for recruitment processes and paperwork.

The changes to the Police, Crime, Sentencing and Courts Act 2022 reduce the time people with certain criminal convictions are required to declare them to potential employers after serving their sentence. While these changes have been welcomed by thousands of ex-offenders and have been hailed by the government as removing a significant barrier to offenders rebuilding their lives, it will limit what employers can ascertain about a candidate’s past.Continue Reading Changes to when convictions become spent in the UK

One in two women have been sexually harassed at work according to a survey conducted earlier this year by the Trades Union Congress. It is timely, therefore, that last month saw the launch of a specialist legal advice line for women in England and Wales experiencing sexual harassment at work. The advice line, run by the charity Rights of Women, provides women with advice on identifying sexual harassment, how to bring complaints against employers, the employment tribunal procedure, settlement agreements and nondisclosure agreements. The advice line is the first of its kind in the UK and supporters hope that it will empower women to exercise their legal rights in the workplace. The increased awareness generally of employees’ rights in relation to workplace harassment means that responsible employers should be proactive (rather than reactive) in ensuring that their policies and procedures on this topic are in order.

The launch of the advice line follows the publication earlier this year of a report by the Women and Equalities Committee of the UK parliament on the use of nondisclosure agreements in discrimination cases. The report set out the UK government’s view that confidentiality clauses and nondisclosure agreements should not be used to ‘gag’ and intimidate victims of workplace harassment and/or discrimination. The government intends to legislate on this topic in due course. Other initiatives and proposals include the introduction of a statutory code of practice on sexual harassment and harassment at work. It is clear that sexual harassment is a subject matter which continues to remain a key focus of the government, press and public.Continue Reading Guarding against sexual harassment in the workplace: a robust policy is only the starting point

It is becoming increasingly common for employees to make covert recordings of meetings held with their employer. The reasons behind these recordings vary from a simple desire to keep a record of what is said to attempts to entrap their employer and use the recording against it in court proceedings.

The Employment Appeal Tribunal (EAT) recently considered the issue of covert recordings in Phoenix House Ltd v. Stockman. The EAT had to decide whether an employee’s covert recording breached the implied term of mutual trust and confidence. In its decision, the EAT provided helpful commentary on covert recordings which may assist employers to navigate this difficult area.Continue Reading Covert recordings at work on the rise in the UK

In May 2014, in an attempt to simplify the Tribunal system and make it more efficient, the Government imposed a duty on claimants to attempt early conciliation through Acas before bringing a claim. A recent report provides information about the impact of Acas Early Conciliation in its first year.

The Early Conciliation Process

The Acas Early Conciliation process (“EC”) was introduced by the Government on 6 April 2014, and became mandatory from 6 May 2014. All prospective claimants in the Employment Tribunal must now go through the EC process and obtain an EC certificate from Acas before bringing a claim.

Once the prospective claimant contacts Acas, a Conciliation Officer will explore over the period of one month, whether settlement is possible between the parties. If a party is not interested in settlement, or if the Conciliation Offer considers that settlement is not possible, an EC certificate will be issued to the claimant. Neither party is obliged to conciliate.

Continue Reading Acas Early Conciliation – One Year On