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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The changing sexual harassment landscape - Hina comments on the recent Swiss Re case in Personnel Today

Hina has been published in Personnel Today discussing a recent award of £1.3m in a discrimination and harassment case in the Employment Tribunal. In awarding this sum, the ET have chosen to recognise the potentially far-reaching effects that discrimination and harassment can have. What does this case say about the changing landscape of acceptable workplace conduct, especially in the financial services industry?   Hina notes that the Swiss Re case is unusual, partly because the public and drawn-out nature of court proceedings is a natural deterrent for claimants considering going to court, but also because it is common for victims…

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Contractual consideration for new restrictions in settlement agreements: a difficult area?

Settlement agreements are highly complex documents but are essentially entered into by employer-employee parties to ensure a clean end to the employment relationship and to limit the claims the employee can bring. In almost all cases there is a financial incentive for the employee entering into such an agreement. This ex-gratia element has been given a special concession by HMRC to be tax free up to £30,000. A secondary aim of settlement agreements is to allow the employer to contractually protect valuable information and other assets. This means there will likely be confidentiality restrictions as well as post-termination restrictive covenants…

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Settlement Agreements – a lesson in the art of the compromise and the importance of pragmatism

I would say I advise over 200 individuals a year on the contents and effects of settlement agreements they have received from their employer. The situations in which these individuals find themselves are varied and extensive; some (more senior) employees have seen these documents before and have likely done a considerable amount of negotiation with internal players themselves prior to seeking my services. They are effectively looking for me to ‘rubber stamp’ their agreement and to move on. Others may have never seen such an agreement before but understand the essence of the document as a compensatory (non-punitive) instrument which…

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