Confidentiality clauses in settlement agreements – developments following #Metoo

Background Sexual Harassment within the work place has been subject to increased scrutiny following recent high profile allegations, including those made against Harvey Weinstein which lead to the #Metoo movement gaining much attention last year. Following on from this, the government have undertaken a consultation to review the current law on sexual harassment to see how improvements can be made. Government review The Women and Equalities Select Committee have now produced a report setting out recommendations. One of the key recommendations, is for a statutory code of practice to be implemented to set out to employers what steps…

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Webinar - #MeToo and the key takeaways for employers

  Hina Belitz is taking part in an international webinar which considers the key lessons from #MeToo for workplace harassment and discrimination. For details on when and how to join the webinar, please see below. The #MeToo movement has created a seismic cultural shift in society's awareness of the widespread problem of sexual harassment in business, media, entertainment and government. As this new landscape develops, all employers must adapt to the lessons learned work towards harassment prevention, workable policies, credible workplace investigations, and updated training programmes. Webinar link: https://www.ibanet.org/Conferences/webinar-april24.aspx   

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What protection do women on Maternity leave have from Redundancy?

Where an employee on ordinary or additional maternity leave is potentially faced with redundancy, she is entitled to be offered any suitable available vacancy with the employer, its successor or any associated employer in priority to other potentially redundant employees (regulation 10 Maternity an Parental Leave etc. Regulations). The offer must be of a new contract taking effect immediately on the ending of her previous contract and be such that: The work is suitable and appropriate for her to do. The capacity, place of employment and other terms and conditions are not substantially less favourable than under the…

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What happens if a sick employee indicates they want to return to work before the expiry of a fit note?

Problems can arise where an employee wishes to return to work prior to the expiry of a current fit note which states that they are unfit to work. This can lead to uncertainty about the employee's fitness to return and concern that their return could present a health and safety risk to the employee or others. In this situation, it would usually be appropriate to obtain medical advice and undertake a risk assessment prior to sanctioning their return to the workplace. If the evidence is obtained from the employee’s GP, it should be noted that the GP is unable…

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Ever had an employee refuse to provide a statement? We have…many times. Here’s what you need to know.

 Speaking to witnesses is the bread and butter of our jobs. But what if a witness is reluctant or refuses to give evidence or assist with an investigation? Can you force them or offer to keep their evidence anonymous? If a witness fears reprisal for becoming involved in the investigation, it is possible to allow the evidence to be provided anonymously, but it is by no means set in stone. If the matter proceeds to ET, it could be tested as appropriate by the Judge in court. Initially, you should find out the reason why the witness does not want…

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