HR Network TV Programmes
1) “Employee voice” – 70% of companies oppose workers on boards
2) “Employee voice” – the options available
3) Mental health – managing issues in the workplace
4) Gay cake case – further reaction
5) IR35 – Off payroll working in the private sector
6) IR35 – likely implementation date for new tax laws
Watch these programmes as they are released on Twitter.
Training and Events
International Employment Law Forum - 6 November 2018
The forum explores key international employment challenges and themes with fantastic keynote speakers and topics including:
- Preventing sexual harassment in the global workplace
- Flexible workplaces
- GDPR – Six months on, and
- Executive Pay
Register and more details.
Harassment at Work: Is Your Organisation Doing Enough? - 22 November 2018
It seems that workplace bullying and harassment cases are rarely out of the news. This half day course explores some of the more complex issues associated with preventing harassment at work and managing complaints. Areas covered include:
• What stops victims from raising complaints and how can these concerns be overcome?
• What Tribunals are looking for from employers in terms of taking all reasonable steps to prevent harassment
• How HR and managers can identify the difference between bullying and appropriate management action e.g. in relation to levels of performance or absence management.
More detail and bookings.
HR Master Class: A Bolder & Better Approach
This full day course (one of the most popular in our programme of events) explores with delegates how they carry out their role in terms of:
• evaluating the legal risks involved in a case and balancing these against other commercial/organisational objectives and goals
• working in partnership with managers/stakeholders and influencing them as to the appropriate strategy in each case
• demonstrating their value to the organisation by showing that HR are much more that the “policy police”
A ‘3 for 2’ discount is available. Book now to avoid disappointment.
Webinar: Shifting IR35 risks - how prepared is your business? 01 Nov 2018
In this webinar, Ian Hyde and Chris Thomas will discuss how changing the IR35 rules is likely to affect businesses and how your business can ensure that it is fully prepared to effectively manage these increased HR tax risks. Click the link to register.
In Other News
The Rise and Rise of Vicarious Liability (and Christmas parties! Is it too early?)
Bellman v Northampton Recruitment Ltd raises the issue of the scope of vicarious liability in circumstances where an employee's wrongful conduct occurs outside the workplace and outside office hours.
B attended the annual office Christmas party at a local golf club. When that concluded, some of the group, including B and the MD went back to a local hotel where they continued drinking for several hours. The conversation turned to work-related matters, and B and the MD had a disagreement which resulted in the MD assaulting B to his severe and permanent injury. The High Court decided that there was no vicarious liability on the part of the employer - there was not a sufficient connection between the responsibilities as MD and the after-event drinking session – see our previous report.
However, this has now been reversed by the Court of Appeal. B appealed on the grounds that social justice should hold the employer accountable for the MD's actions. The Court of Appeal found that the MD was acting in his role as head of the business. Even if the 'MD hat' had been removed earlier in the evening, "he chose to don it once more and to re-engage his wide remit as MD and to misuse his position when his managerial decisions were challenged". It was in the context of the MD of a small business asserting his authority over staff that the incident occurred, and therefore it was sufficiently connected to the role to render the business vicariously liable. As we reported in our MKU in August, the law of vicarious liability has developed considerably recently, generally in favour of the employee.
This combination of circumstances will arise only rarely. That was recognised by one of the judges in the decision. It's therefore difficult for employers to plan ahead to avoid such an extreme situation. Other aspects of Christmas parties can raise issues of course, and it seems timely to issue a quick reminder of our guide to Trouble free Christmas parties.
News from Out-Law.com
Universities must prioritise support for student mental health
Duty to care for student mental health has legal implications for universities
'Hands off' management of staff stress not an option for universities
Pension charges and governance reporting in practice
UK opens consultation on ethnicity pay gap reporting
Baker's refusal to bake gay marriage cake not direct discrimination
The newsletters and updates we send do not constitute legal advice. Specific legal advice should be taken before acting on any of the topics covered.