Guidance note: political beliefs and the employment relationship

The line between private and public life is becoming more blurred. Never has this been clearer than during our current period of political turmoil, in which people are anxious to express their views on divisive issues, most often on social media, but also by attending protests and speaking publicly. In the wake of the most recent developments between Israel and Palestine, we have observed an increasing confusion about when it is appropriate for employers to intervene and discipline or dismiss employees for expressions of political views. It is not only in recent months that we have seen this confusion, however…

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The end of the non-compete clause?

Non-compete clauses, otherwise known as post-termination restrictions, are a common part of the majority of UK employment contracts, particularly in the corporate sector. They are aimed at providing businesses with certainty that an employee will not, upon leaving, be able to use key insider information gained while working within the business to disadvantage it elsewhere. In essence, non-compete clauses, which are almost unique in the fact that – alongside confidentiality obligations – they survive termination of employment, mean that an employee cannot work for a competitor of their previous employer for a specified period of time. This period is often…

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Deadlines in the Employment Tribunal

The employment tribunal is one of the more difficult areas of time management in the UK legal system, as the timeframes within which claims can be brought are restrictive and rigid. For most claims an individual has three months from a particular event to bring an action in the ET, otherwise it fails legally. Judges’ discretion for extending this timeframe, even in exceptional cases, is limited. Given that some distressing events often take considerable time for victims to truly understand and take legal advice on, there is a school of thought that suggests the trend towards short timeframes in the…

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What is the real impact of the Predictable Working Act?

In September of this year, the Workers (Predictable Terms and Conditions) Act 2023 received Royal Assent. The Act introduces a right for workers, including agency workers, to request that their working pattern be made more predictable, and is expected to come into force in September 2024. Acas is now drafting a Code of Practice on handling such requests which, while not legally binding, will be taken into account by courts and tribunals. But how much of a change does the Act herald, and what should employers do to prepare? The new law In the legislation, ‘work pattern’ is defined to…

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Relationship disclosure policies – Hina comments on ITV’s new policy in Personnel Today

Hina has contributed to a recent article in Personnel Today discussing the implications of relationship disclosure policies in light of the ITV response to the Philip Schofield controversy. What benefits do these policies have for employers, and what are their potential downsides? Hina discusses their potential to mitigate the risks of conflicts of interest, but also warns that the definition of ‘relationship’ can be a difficult issue to resolve.  Read the full article here.

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