Tag Archives: legal

HR News, Law, News

The impact of working from home on mental health: what do employers need to know?

A team of employment lawyers have joined forces with leading mental health charity, Wirral Mind, to help businesses support employees that are continuing to work from home.

Paul Hennity and Steven Davies, Employment Law Solicitors at Aaron & Partners, provided expert advice and practical tips to help employers understand more about mental wellbeing and the impact remote working can have on individuals.

They were joined by Rachel Gilbert, Training Manager at Wirral Mind, for the session, with the team also answering a range of frequently asked mental health questions that have emerged throughout the coronavirus pandemic.

Paul explained that with millions of UK workers forced to work from home due to the restrictions put in place by the Government, employers have faced many unique challenges that come with managing remote workforces.

He said: “A better and more positive working environment, where there is a focus on good mental health improves productivity, team morale and contributes to a positive reputation for your business.

“However, with research suggesting that 80 per cent of people in the UK felt that working from home had negatively impacted their mental health, employers are having to navigate an incredibly challenging period.

“COVID-19 and the subsequent national and regional lockdowns have affected all of our lives in one way or another and the situation has created a lot of uncertainty for everyone,” added Rachel.

“Employers must recognise the importance of supporting employees’ wellbeing and need to understand that everyone has experienced challenges and losses during this period.

“That’s why, together with Aaron & Partners, we wanted to answer some commonly asked questions to help employers understand the impact working from home has had and continues to have on employees, and how they can better support their mental health.”

Some of the key questions to come from the session have been listed below with advice from the speakers:

1. Is there a duty on the employer even if the employee doesn’t have any obvious signs of mental health struggles?

Steven Davies explains that in contrast to physical impairments, mental impairments can often be more difficult to identify, and that can put an increased duty on employers to think carefully about mental health issues, which can so often be invisible.

Under the Equality Act, several mental health issues can amount to a disability, and a common misconception is that employers that don’t know an employee is disabled can’t be liable, which we know is not always true due to the way in which the Equality Act is worded. So, whilst an employer is not under a duty to make a reasonable adjustment if they do not know that the employee has a disability, the Act suggests that, in some circumstances, employers do have a duty to take the necessary steps to investigate if an employee has a disability, even where it may not be obvious.

2. If you’re concerned about a member of staff’s mental health, how should managers approach it?

Employers should take the time to think about what they would need in that situation, and often employees talk about needing simple things like time, reassurance, respect and to be listened to, says Rachel Gilbert.

She continued to explain that it’s important when you approach an employee, to give them your full attention, plan a time to address employees concerns and don’t be afraid to ask how someone is and to show genuine concern for their wellbeing.

When you do approach an employee, there are three important things you could do to start the conversation. Firstly, note what you have observed, state your concerns and give reassurance and work with the person.

3. If an employer doesn’t recognise the signs of an employee struggling with their mental health, what are the potential risks?

Steven highlights that a failure to recognise those signs can have a negative impact on the workplace, and there is evidence that workplaces with good mental health are far more productive. So, recognising the signs of poor mental health early, and taking steps to improve the situation will have a positive effect on both the employer and the employee.

However, there are also legal consequences that we must consider, including claims for disability discrimination, and possibly unfair dismissal as well. An employment tribunal can order employers to pay compensation for loss of earnings due to the discrimination, and that is uncapped. They can also award compensation for any hurt or distress the employee has suffered because of that discrimination, which is referred to as an injury to feelings in law. There is also the potential for personal injury claims if the employee has experienced stress or depression from the employer’s inaction.

This could all result in expensive litigation, which can involve significant management time and legal costs which aren’t usually recoverable in employment tribunals.

4. How can managers help employees stay motivated and engaged whilst working from home?

Rachel highlights that we all have mental health, and we all need to look after it as we would with our physical health. From an employer’s perspective, having open and honest discussions about mental health and the importance of it can be really beneficial.

It’s important to remind people to be taking regular breaks during the working day and think about how you can support them in doing things in and out of working hours that can help to improve their mental health, whether that’s getting good sleep, keeping a good work life balance, exercising or maintaining a good daily routine.

It’s really important to regularly check in with people and make sure that they are OK, ask whether there is anything they need from both a physical or mental health point of view or even from a workload point of view.

5. Is there a point where working from home could be considered a permanent change to the place of work in an employment contract and would this cause employees’ rights to change?

This is a really interesting question and something that many employers may not have considered, and which has received very little commentary explained Steven. In addition to the express terms contained within a written contract of employment, which, amongst other things,would usually set out where an employee is required to work, it is important to remember that a term can also be implied into a contract of employment by virtue of custom and practice, even if it is not expressly stated.

In determining whether this is possible or not, consider if the practice has been followed, without exception, for a substantial period of time.The longer this period, the more likely it is to become a term of the contract. Therefore, applying these principles, I think it is possible, in the future, that working from home could become an implied term of an employees’ contract. However, at this stage of the pandemic, my opinion is that it would be difficult for an employee to argue an implied terms to work from home because for most employers it is clearly a temporary measure put in place as a result of government restrictions and guidelines.

Law, News

Three reasons why you should organise a will

Three out of five people in the UK do not have a will in place to set out what happens to their affairs, dependents and assets once they pass, so legal experts are outlining the main reasons why it’s important to organise a will to ensure wishes are honoured.

In the absence of a will, the state will manage all important decisions in relation to your affairs, employing the strict rules of intestacy and taking arrangements away from loved ones – so it’s worthwhile having a will in place if you wish for your plans to be respected down to the last detail.

The wills and probate experts at JMP Solicitors have shared three important reasons to organise a will, whether it’s for personal or business reasons, to outline exactly what you would like to happen to affairs and assets following an unfortunate passing, to ensure that dependents are honoured and looked after.

Andrea Bingham, head of the wills, trusts and probate department at JMP Solicitors says: “The process of sorting a will is relatively straight forward and cost effective and organising one to safeguard your family for the future, should the worst happen, is important.

“Many people are put off organising a will, as they often feel that they are too young and healthy to have one, or, they falsely believe that friends and family will have the power to decide between them who should inherit what, but that simply isn’t the case – so we have compiled three main reasons why it’s vital to sort a will.”

1. Wills aren’t expensive and complicated

The process of sorting a will from start to finish is relatively straightforward and easy, and a specialist lawyer will guide you through the entire proceedings, including financial advice options. Once you get in contact with a reputable lawyer, everything will be taken care of for you and you will be advised every step of the way, until a will is finalised.

2. The future is unpredictable

Even if you are healthy at present, you can never be sure when the unthinkable may happen, so to ensure your state of affairs is exactly how you wish to pass it on, it makes perfect sense to have a will in place as soon as possible. A will is always specific to an individual, never general and it covers all funeral wishes. If you have dependents, it appoints people you trust (guardians) to care for of any children under the age of 18.

3. If left to chance your wishes may not be honoured

Under the rules of intestacy – when there is no valid will in place, then the law will decide who will inherit your assets, so there is no sense in leaving it to chance. Rules of intestacy are strict and do not acknowledge unmarried partners or step-children – so unfortunately, many loved ones are not entitled to inherit anything if there is no will to stipulate arrangements, and where there has been a second marriage, your children from your first relationship may not automatically inherit. Setting up a will can help preserve wealth for future generations with the creation of trusts, as well as protecting against residential care costs and providing for vulnerable or disabled relatives.

Andrea Bingham, head of the wills and probate department has a wealth of experience in helping clients prepare for the future by drafting wills and lasting powers of attorney to help manage client affairs and assist with vital healthcare decisions.

If you require further information, please call 0800 0241 976 and ask to speak to Andrea or email abingham@jmp-solicitors.com

Christmas, Law, News

Top considerations for managing child contact arrangements this Christmas

Separated families can look to advice from family law experts this Christmas to ensure child contact arrangements run smoothly over the festive period.

From applying for court orders, to making independent plans and keeping interaction civil, the family law specialists at JMP Solicitors have shared advice on best conduct for contact in separated families this Christmas.

Neil Remnant head of family law at JMP Solicitors, said: “Christmas is a time for family and showing solidarity, following a relationship breakdown it can be very difficult to keep a sense of ‘togetherness’ but doing so is very important, particularly during the festive season.

“Child contact is not affected by lockdown rules, as long as the child or parent has not tested positive for COVID-19. However, if the child is in a vulnerable group, it is best for parents to work together to find a solution which limits exposure from other households.

“This year has already been unsettling for children, so parents should ensure Christmas is without conflict. It’s very important to consider the family dynamic and the health, safety and wellbeing of the children. Christmas is a sensitive and important time for keeping children as undisturbed and happy as possible, to minimise damage in the aftermath of divorce or separation, so we’ve compiled a list of important considerations to help keep Christmas conflict-free to.”

Here is the list of five considerations for managing child contact arrangements this Christmas

1. Make fair and safe arrangements
If you can make arrangements for Christmas without legal interference, then it is advisable to do so. It is important to be civil and organise a Christmas schedule that’s fair to the child and the parents, which ensures the child’s safety if they are vulnerable. If such an agreement is not possible, then the court may become involved to ensure contact time at Christmas is fair to everyone. If parents do not comply, when there is no reasonable excuse or exception, then the non-resident parents have the right to seek enforcement action, so it is always best for parents to sort arrangements between themselves.

Based on the latest high court advice, if the child has tested positive for COVID-19, or someone in the child’s household has tested positive – they should not move between households for contact with parents. If a child has been told to self-isolate, but they have not had direct contact with someone who has tested positive, then they can still travel between households for contact with parents.

2. Don’t argue
Following the separation of parents, children will already feel unsettled, and the pandemic could be adding more stress to an already confusing time. Christmas is a time for family, so for the sake of keeping a child happy and secure, it’s important to stay calm, cheerful and to keep arguments for another day.

3. Be amicable
In terms of previous Christmas routines – it’s important to stick to what children will remember and what is traditional for them. If you used to have dinner at a certain time, open presents at a certain time or even in a certain order, play board games in the afternoon etc, then try and stick to these arrangements. It’s these traditions that keep the Christmas spirit alive, it’s what your children will remember and whatever arrangements are decided for Christmas, it’s important to know that structure is key.

4. Stick to court orders
If the post-divorce or separation situation means it’s not possible for arrangements to be made by yourself, then the court can get involved to ensure that Christmas arrangements are sorted. The court will seek to deal with matters in a constructive way and in the interest of the children. As this will involve a court order, the arrangements made will be legally enforceable. It’s important to do this as early as possible as there could be a backlog in cases, due to the pandemic.

5. Communicate with family virtually
With a limited number of households allowed in a support bubble, Christmas might feel different for children without the usual presence of certain family members. Make sure children can still have contact with extended family through virtual communication methods such as Facetime, Zoom or Skype, or even or via phone calls.

Law, Legal News, News

Leading legal university completes purchase of Central Law Training Scotland

The University of Law (ULaw) has announced the purchase of Central Law Training Scotland (CLT Scotland) from Wilmington plc giving the UK’s longest established specialist provider of legal education a presence in Scotland for the first time.

With nine campuses across England, as well as an online campus and provision of courses through six other UK universities, ULaw is now set to transition CLT Scotland into its first Scottish operation over the next 18 months. The deal sees ULaw acquire one of the two main providers of professional development courses in the Scottish jurisdiction.

CLT Scotland currently operates principally in providing continued professional development (CPD) courses to Scottish solicitors and trainees and, accredited courses to the paralegal sector, all designed to aid the future generation of legal practitioners.

Combining CLT Scotland’s experience in the Scottish market, and in particular in paralegal operations, with ULaw’s wealth of teaching resources and expertise, will provide first class content and ensure a wide range of legal courses are available to the legal profession in Scotland.

As part of the share purchase, ULaw is retaining the CLT Scotland team and will implement a smooth and gradual transition over the coming months, which will see CLT Scotland adopt the ULaw brand.

Professor Andrea Nollent, Vice Chancellor and CEO at The University of Law, commented: “This is a hugely exciting opportunity for our University, giving us an important presence in Scotland with a well-known provider in the market. We are confident this agreement will be very beneficial for both parties, allowing us to pool our resources to expand both the range and quality of the courses we offer.

“It is important to make a gradual transition to ensure all the valuable aspects of CLT Scotland are incorporated under the ULaw banner. Our intention is for the business to initially continue to run as it is and we will gradually integrate it into the University over roughly the first 18 months, adapting branding, employee contracts and courses.”

“We’d like to thank the Wilmington Group for its support in facilitating this deal and are confident of bringing the very best opportunities for legal education to students in Scotland.”

Mark Milner, CEO of Wilmington plc, added: “We are pleased to have found a great new home for CLT Scotland within The University of Law. CLT Scotland has been an integral part of Wilmington plc for many years and we wish them the very best for the future.”

For more information, visit www.law.ac.uk

About The University of Law (ULaw)

The University of Law is one of the longest-established specialist provider of legal education and training in the UK, with campuses in London, Birmingham, Bristol, Chester, Guildford, Leeds, Manchester and Nottingham, and international campuses in Berlin and in Hong Kong. You can also study our law courses at the University of East Anglia, The University of Exeter, The University of Reading, The University of Liverpool, The University of Sheffield and The University of Chester Law School. Our courses are also available online, full time and part time.

Homeowner Advice, News, Property, Property Buyer News

Seven things to consider if you are aiming to move home by Christmas

Homeowners and prospective buyers considering a move before Christmas should act quickly to increase their chances of a smooth relocation, as the festive period approaches.

The weeks leading up to Christmas are crucial for those navigating the homebuying process and in these uncertain times, the government has advised everyone to remain flexible, with no guarantee that buyers will be in their new homes by 22 December, the last day for completions.

To help the process move forward as seamlessly as possible during this pivotal time, the conveyancing experts at JMP Solicitors have compiled a list of advice tips for those aiming to be moved by the Christmas period.

Jacqui Harley, head of residential conveyancing at JMP Solicitors said: “Following the housing market pause earlier this year due to the COVID-19 pandemic, we are now seeing a huge increase in enquiries and the market is booming. Because of the increase in activity and changes to usual proceedings due to government safety guidelines, the process of moving house could now take longer than usual.

“Be prepared for a different process of buying and selling. It’s also important that if you or a member of the household are vulnerable, this needs to be communicated early in the process, so the necessary safety measures can be implemented and timescales can be accurately predicted.

“Although there are changes to the moving process, it’s still certainly achievable to move before Christmas if you act swiftly. We’ve outlined some things to consider if you are looking to move before this date.”

1. Get the property ready for marketing

Once the decision has been made to move to a new house before Christmas, it’s a good idea to smarten up your home before putting your property on the market. Declutter the property and redecorate if necessary, a coat of paint can work wonders, as can giving the house a deep clean, emptying the loft and turning the storage/junk room into a useable space. Your property will then be more appealing to a prospective buyer, especially with a realistic price tag – always check the market.

2. Book surveyors as soon as possible

Once you have found a property you would like to buy, it’s worth ensuring that you get a decent survey before you commit to any purchase – if the boiler does not work and you’ve already moved in, prepare for an expensive replacement, especially around Christmas time. There are currently no restrictions on the types of surveys that can be carried out, but tradespeople must liaise with owners of the property to ensure an appropriate clean has been undertaken before entering the property and must keep to government safety working guidelines whilst in the property.

3. Be patient and prepared

Timescales can often shift depending on how long a chain is, and with changing government advice, there is a possibility for delays at this time. Further unexpected delays could also incur If someone involved in the transaction tests positive for COVID-19 during the moving process or has to self-isolate.

Ensure when viewing a property that you communicate your wishes to move before Christmas to an estate agent and solicitor. Your conveyancer and agent will then keep you updated with any changes that may cause delays when moving home.

4. Prepare for a different way of viewing

Current government guidelines state that initial viewings should be done virtually where possible, so be prepared for this when you are looking for a new home. If you are selling your current property, it is likely that you will need to market it virtually – your agent will be able to assist with this and will have the necessary equipment to photograph and video your home for sale. The current government advice also states that those selling their home should vacate the property if possible, so try and find somewhere to go while viewings are taking place.

5. Consider your packing arrangements

If you are opting for DIY packing, it is best to start at least three weeks before your moving date to box up items that you aren’t currently using. This will make the whole process less stressful and will also help with the de-cluttering of items that you never use or don’t need, which can go to charity. Writing the contents and room on each box will help organise your packing and make unpacking easier. Where possible you should try and do the packing yourself to reduce the amount of contact between items.

If you are using a removals company, try and book as early as possible to ensure the company is operating at the time you require. Many removals companies have had to change policies and processes in line with government guidelines, so ensure you prepare in advance to make the packing as safe for everyone as possible.

6. Don’t forget to tie up loose ends

Be sure to inform utility companies that you are moving and have all mail forwarded to your new address once you have exchanged contracts. Write your Christmas cards in plenty of time and post with your new address pre-printed inside, this saves time and money on separate letters and messages.

7. Look after your pets

Both pets and young children can find moving home very stressful. Whilst animals can be kept safe and secure in a separate room to the unpacking, it is best to see if family or friends can look after children for the day so that they do not get anxious about the moving process and leaving their old home, this way they won’t feel unsettled and can just enjoy the excitement of arriving at their new home.

Law

Leading law firm reopens with big changes in place following Coronavirus lockdown

THE legal profession will never be the same again.

That is the view of partners at Edward Hughes Solicitors, which has offices in Rhyl and Colwyn Bay.

As businesses continue to emerge from lockdown and rebuild for the future, the law sector is no different, but unlike many industries work carried on behind closed doors as solicitors continued to manage clients and caseloads remotely and from home.

Courts and police stations have reopened slowly with safety restrictions in place, and Edward Hughes – which recently celebrated its 70th anniversary – has also introduced social distancing measures at its two sites.

David Jones, a senior partner and Civil Litigation Solicitor with the firm, said there had been a demand for will writing during the pandemic, but being in lockdown meant they were unable to witness and sign off the paperwork.

Meanwhile, conveyancing slowed down as estate agents were unable to carry out viewings and home visits; as the housing market begins to see green shoots of recovery, he expects that side of the business to pick up in the weeks ahead.

“We reopened in Rhyl and Colwyn Bay in July, and things are slowly getting back to the way they were, but as is the case with many industries, the legal profession will never be the same again,” said Mr Jones.

“The offices are the biggest change, and while we miss the social interaction we have been able to keep things going via technology, online video conferencing and even by using police station teleconferencing to interview clients.

“Often we would have had a call in the middle of the night to attend, but now it’s a matter of logging in to the police system and being present remotely during the interview, which will be continuing in the short term and has worked quite well as you can still give the advice needed.”

As Edward Hughes prepares to unveil new branding and LLP (Limited Liability Partnership) status, managing partner Richard Johnson revealed how they are adapting to the ‘new normal’.

“We have introduced social distancing measures at both offices; there are sanitiser stations, all staff are temperature checked before they enter the building and we have installed protective screens so a limited number of meetings can take place face to face,” he said.

“A lot of people still want that personal touch, and it means we can witness legal agreements and wills, which is important.”

Mr Johnson added: “The rebrand and lessons learned during the Coronavirus lockdown will give us a fresh start. We have had the opportunity to reflect on what we do, and as a result we will be even more efficient.

“I think everyone has taken a step back and re-evaluated their approach, which is one of the positives to come from this.

“The 9am-5pm traditional office hours have gone, and they will never come back. Attitudes have changed and people will be more flexible – we have to embrace it and learn from the challenges of this year.”

For more information on Edward Hughes Solicitors, visit www.qualitysolicitors.com/edwardhughes and follow them on social media @QSEH_Solicitors.

Law, News, Property

Are Turnover Rents the Answer?

Conexus Law, the specialist advisory firm that provides legal and commercial advice to clients who work in sectors where the built environment, technology, engineering and people converge, are tipping ‘turnover rent’ as a potential go-to model for the commercial lettings sector as landlords and tenants continue to experience unprecedented operational challenges. However, where historically turnover structures would see a landlord share in the good times with the tenant, measures undertaken on a global scale have had an unmatched negative effect on the performance of businesses with a necessary physical presence – cafes, bars, restaurants, and retail.

As would-be commercial tenants grapple over whether and on what terms to take on new leases, and existing tenants look for ways to adjust to difficult and unpredictable economic circumstances, Conexus specialists have tipped ‘turnover rent’ (where rent is linked to the turnover of the tenant) for a possible resurgence.

Across the sector parties are seeking to achieve a compromise, and there are no hard and fast rules steering the negotiations. Whilst some sectors have thrived – data, hosting, and connectivity, as well as e-commerce and the tech industry, others have seen their revenue decimated, and through no fault of their own.

Emma Cordiner, from Conexus Law, said: “Changes in consumer habits and routines, financial uncertainty and even fear, will no doubt continue to impact on the ability of commercial tenants to cover the rent following the recent and on-going upheaval, and this is where ‘turnover rent’ may play a part. Traditionally, turnover structures would see a base level of rent paid (usually around 75-80% of the open market value), and a top-up element which would be a percentage of the tenant’s net turnover over a given time period – usually between 5-12%. This would generally have been in tandem with a landlord option to fall back on a full open market rent if turnover fell below a certain threshold, and in some cases, keep-open covenants by the tenant such that turnover could be optimised, but in the current circumstances such measures would clearly defeat the object of assisting tenants.”

However, whilst pinning rental levels to the performance of a tenant’s business during this unique period of economic uncertainty may be one answer, turnover rent provisions in leases can be complex. Moreover, the task of gathering and providing evidence of turnover, as well as the verification or audit of calculations can be burdensome and even costly. These calculations also have the potential to lead to dispute, and any party considering a turnover rent structure, or indeed any change to existing rental or wider letting arrangements, would be advised to take expert advice.

Emma Cordiner added: “The turnover rent approach could prove a useful tool for both prospective and existing commercial tenants, as well as to landlords. If we assume a period of zero turnover, no longer unthinkable, a turnover rent structure with a base rent element would at least provide the landlord with some degree of certainty of continued rental income, and some capacity to continue to satisfy any related debt obligations and covenants. At the same time, the tenant might be cushioned from the very worst of any ongoing or renewed impact on its business. Then, whilst at first glance, a turnover-only structure will look hugely unpalatable to a landlord, faced with the dual prospect of tenants that simply won’t survive if they must pay a rent over and above a level linked to their income, and a potentially tough lettings market, this type of structure might begin to look more feasible.”

News

ANOTHER SPECIALIST LAWYER JOINS THE FAST-GROWING TEAM AT CONEXUS LAW

Conexus Law, the specialist advisory firm that provides legal and commercial advice to clients who work in sectors where the built environment, technology, engineering and people converge has been joined by Gavin Johnson, a built environment technology, construction and engineering lawyer.

Gavin advises Built Environment Technology start-ups on business growth, regulatory, finance and investment, and technology issues. He is a member of the Policy Advisory Committee for the Construction Blockchain Consortium at University College London, advising on policy development for blockchain technologies.

Gavin has over 14 years’ experience of advising clients across several sectors of the built environment, including healthcare, education, real estate, energy, utilities and infrastructure. He also focuses on contentious matters, in-project dispute avoidance and resolution, as well as project completion and legacy. He has further experience in a range of legal disciplines including corporate, finance, regulatory and competition.

Gavin said: “Conexus Law is unique in its focus on this fast moving and challenging sector and I am excited to be part of it. My passion for technology runs throughout my work within the built environment and I have experience across the board, working with start-ups and R&D departments to help support their innovations and with large construction companies to help them to better utilise the latest technology that is available.”

Ed Cooke, Founder at  Conexus Law, said; “My decision to start this firm was born from a desire to create a culture that values respectful, meaningful human interactions and connections that will benefit the company and our clients by ensuring individual, team and client satisfaction. Key to this is getting the right people in place and Gavin is a great fit for us in many ways.

Appointments, Law, News

Top lawyer joins key Deeside business advisory board

A top Insolvency lawyer from legal firm Aaron & Partners has been appointed to the board of the Deeside Business Forum (DBF) to help support businesses in the region.

Mark Davies, a Legal 500 listed Insolvency Partner and full member of R3, The Association of Business Recovery Professionals, brings a wealth of experience to the board having advised businesses on all aspects of insolvency – from recovery to restructure – for more than 33 years.

He also takes on the role of a volunteer advisor in the DBF’s Business Advisory Team, which has been established to support businesses in North Wales who are facing complex issues as a result of the coronavirus crisis.

Mark said: “It’s a huge honour to have been asked to join the DBF board and I’m pleased to be able to bring a new set of complementary skills to such a highly-regarded organisation. My hope is to provide positive support to businesses to help them survive this uncertain period and any challenges they may face in the future.

“There are so many complex issues that can arise during challenging economic times and over the years I’ve dealt with a huge range of them, which is why I wanted to offer my experience and support to those businesses who are struggling right now.

“DBF is a fantastic organisation that has done amazing things for the North Wales business community and I’m looking forward to playing a part in its continued efforts to help businesses across the region.”

Alongside Mark, Steve Davies from Aaron & Partners’ Employment Law team and Claire Flavin from the Corporate and Commercial team have offered their services to the community having also volunteered to be part of the Business Advisory Team.

The business advice service is the only service of its kind in the UK and is made up of over 40 volunteers with expertise ranging from finance to strategic planning, HR and legal.

Askar Sheibani, Chair of DBF said: “It’s great to be able to welcome Mark to the DBF board. He brings a unique set of skills and expertise that will be a huge asset to the DBF.

“I’d also like the thank Aaron & Partners for offering their time and expertise to our free business advisory service. With many businesses in our region facing a huge number of extraordinary challenges, there was a desperate need for the kind of advice the team could provide.

“At DBF, our aim is to help as many businesses as possible, no matter what their challenges are, and we couldn’t do that without the help of our highly experienced board members and volunteers.”

Coronavirus, COVID-19, Employment Law, HR News, Law, News

Top lawyers warn of issues businesses may face as workplaces reopen

Leading law firm Aaron & Partners has outlined the potential new challenges HR professionals, business owners and managers may face as employees across the UK start to return to the workplace following the lockdown period.

A team of lawyers from the firm have warned that the risks of contracting the virus coupled with the government guidance regarding mitigating them, mean that workplace policies and practices will need careful consideration and will likely require changes before workplaces can reopen.

Claire Brook, an Employment Law Partner at Aaron & Partners said: “The impacts of COVID-19 have been significant and businesses have had to make considerable changes to the way they operate. For HR professionals and managers, this has meant making business critical decisions whilst managing a range of unfamiliar people issues presented by the pandemic.

“As the government begins to ease its lockdown measures, employers will no doubt be planning for some form of return to the workplace in the near future, with some sectors already allowed to return as long as it is safe to do so. However, it’s clear that the workplace will be very different from the pre lockdown situation and employers need to consider the government guidance regarding the changes they need to make.”

Layla Barke-Jones, a Senior Associate in the Dispute Resolution team at Aaron & Partners, added: “Health and Safety will be one of the greatest concerns for employees returning to work. Carrying out a risk assessment is a statutory requirement for employers and businesses need to carefully plan and implement measures to ensure their workplace is safe for employees to return to.

“To offer some help and guidance and avoid potential disputes, we’ve produced a list of five likely issues that could arise as people return to their place of work to help HR professionals, business owners and managers navigate this period.”

1. Mental Health

The CIPD reported that mental health related absence is the most common cause of long-term sickness absence in UK workplaces and we expect that this will increase as a result of the coronavirus pandemic. Some employees may have experienced bereavement, financial pressure, reduced motivation, increased anxiety, feelings of isolation, depression or even post-traumatic stress.

Employers have a duty to consider the welfare of employees and this includes mental health and wellbeing, therefore they should consider how they can support employees experiencing poor mental health whilst they are working remotely, and once they return to the workplace. Regular communication with employees will be vital as individuals will have had different experiences during this time.

2. Health and safety issues

Health and wellbeing of employees and visitors is paramount and extends beyond the workplace doors and into the lives of everyone they come into contact with – it’s not a tick box exercise but a crucial step in being able to beat the disease and get back up and running.

Each workplace will have its own unique set of challenges and will need to think carefully about the risk of spreading coronavirus and carry out a thorough risk assessment, a helpful aid could be to think of three categories – people, surfaces and space and the risks of spreading coronavirus attached to each. The government has published industry specific guidance, found here: https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19.

The key is to communicate the measures that are put in place, monitor compliance and review. Given how quickly things are changing it will be essential to do this regularly (perhaps daily at first) and in line with the changes in government advice.

3. Increase in Flexible Working Requests

Whilst there is no right to flexible working (it is simply a right to request), employers should consider the appropriate response to requests and proactively consider the health and safety requirements.

It’s important to take a fair and consistent approach towards flexible working requests to avoid any potential claim for unfairness, grievances and/or potential discrimination claims under the Equality Act 2010.

4. Differing experiences of furloughed and non-furloughed employees

Careful consideration should be given to return to work relations as each individual will have had a very different experience during lockdown depending on their personal circumstances. This will also include the different work experiences between non-furloughed and furloughed employees.

HR teams have the opportunity to shape a supportive culture and environment to reduce the risk of tensions and/or any escalation or inappropriate outbursts at work.

5. Bereavement issues

Many employees will have suffered bereavement during this period and beyond the existing framework on bereavement leave and pay, those affected may have been faced with the trauma of saying goodbye to their loved one remotely (or may not have even had that chance at all).

Employers should consider the potential long-term support they can offer, and any adjustments, such as a phased return to work, additional mental health support or flexible working hours that may be appropriate for an employee who has suffered bereavement in this way.

For further advice, please visit https://www.aaronandpartners.com/