Tag Archives: legal

HR News, Law, News

Lawyer warns businesses of imminent rise in employee claims

A top employment lawyer is urging business owners to remain mindful of their duties and responsibilities as an employer ahead of an anticipated rise in claims being made by employees returning to work after the lockdown period.

Helen Watson, Head of Employment at law firm Aaron & Partners, has highlighted a number of possible claims that companies could face as UK businesses slowly begin to reopen.

She explained that despite the difficult circumstances presented by the coronavirus outbreak, this will not be enough to shield employers from courts and tribunals and warns that many are likely to see a spike in claims from employees.

Helen further explained that the effects of the current pandemic on businesses and the workforce could result in several different kinds of claims from employees in relation to their employment including:

  • Constructive dismissal
  • Unlawful discrimination
  • Unfair dismissal
  • Breach of privacy

Helen said: “With little time to prepare or plan, businesses have needed to make critical decisions whilst having to navigate ever-changing legislation and guidance set out by the government. This has in turn left many employers potentially vulnerable, with lots of business owners and managers confused about what the correct duties and responsibilities to their employees now are.

“There are a number of variables related to the effects of the coronavirus pandemic that could result in several different kinds of claims from employees, especially as businesses begin the phased return to the workplace.

“One of the greatest concerns for workers is their health and safety, and businesses will need to take all necessary steps to ensure the appropriate safety measures are in place including conducting appropriate risk assessments to identify risks for employees returning to work and planning the steps that will be taken to address those risks

“We anticipate that there will be potential dismissals as a result of staff furloughing and redundancies. For example, if employees perceive that the reason they were or weren’t furloughed – or in some cases were made redundant – related to a protected characteristic under the Equality Act 2010, they may seek to make a claim for unlawful discrimination.

The latest indicators published by the Office for National Statistics (ONS) show that of the 6000 businesses surveyed, 76 per cent had applied for the governments job retention scheme, with 31 per cent of the workforce having been furloughed, making it the most popular of all the support schemes introduced by the government during the coronavirus outbreak.

“Employers should also be careful not to disclose the identity of individuals who have been infected with Covid-19 unless they are able to establish that it is absolutely necessary to ensure safety at work or to meet public health requirements,” added Helen.

“Where transparency and privacy rights collide, employers are faced with potential safety risks on the one hand and potential risks of breach of privacy rights on the other.

“It’s clear that employers must evaluate the potential issues that could arise in order to mitigate the risk of legal claims being brought against them. We would always recommend businesses to seek legal advice during this time.”

COVID-19, HR News, Law

Preparing to return to the workplace

Leading law firm Aaron & Partners has put together a list of five top tips aimed at business owners, managers and HR professionals to provide advice on returning to the workplace as the UK’s lockdown restrictions begin to ease.

Claire Brook, a Legal 500 listed Employment Law Partner at Aaron & Partners, has created a guide to help businesses navigate the transition back to the workplace with many of the businesses they work with feeling concerned and confused about the process.

Claire said: “Whilst it has been made clear by Michael Gove that the UK will not be going “back to the old normal” and that the road ahead will be a slow and phased approach with close impact monitoring, we know that employers and HR teams are now planning for a return to work.

“With some businesses now allowed to return to their workplace, such as construction workers or manufacturers, it has been widely reported that employers and employees are concerned and need to feel confident that the appropriate measures have been put in place to manage risk and ensure safety.

“Careful planning and manager training is important, in addition to getting the messaging correct at this crucial time. To offer some help and guidance, we’ve produced a list of five top tips to help business owners, HR professionals and managers plan their return to the workplace.”

1. Conduct a thorough risk assessment

As an employer you have a legal responsibility to protect the health and safety of employees and others, and therefore you should complete a COVID-19 risk assessment in order to establish the potential risks posed by the virus. It will be essential to consider the following:

Travel to work – some employers organise this and will need to consider the appropriate measures to comply with government guidance
Workspace – including sanitisation requirements, social distancing or mitigation measures (such as flexible working to reduce “crowding” and avoiding shared use of machines/stationary)
PPE requirements
Mental and physical health and safety at work

2. Provide training for all managers and staff

To ensure a safe return to work, it is vital that employers provide relevant training for managers and staff to ensure that each individual within their business understands what is required in order to operate safely.

Before a return to work, refresher training should be provided to employees, contractors or visitors to the workplace. This training should as minimum include the latest advice and guidance from the government and updates to your policies and procedures.

3. Communicate with employees

With government guidance changing at a rapid pace, it is crucial that employees fully understand any new workplace rules and any additional obligations expected from them. Employers should be clearly communicating any new health and safety rules, the timescale for introducing the changes , requirements and access to PPE, how to report any concerns and the potential consequences for failing to comply. .

To ensure workers have no symptoms of COVID-19, a pre-return form should be completed at least three days before the planned return to work.

As well as considering physical safety, it’s important for organisations to provide employees with support for their wellbeing and mental health. Every individual will have had a different experience. Communication will be key in understanding and addressing any issues workers may be experiencing.

4. Review and update current policies and procedures

Employers will need to review and, where necessary, update existing policies and documents including sickness absence policies, flexible working policies and travel policies, as well as data protection compliance documents.

Certain companies are appointing social distancing marshals to ensure that rules are being followed.

If you are proposing to introduce any monitoring for compliance you will need to explain this and update your monitoring policies accordingly.

5. Review regularly

As the situation is continuing to evolve, it should be noted that employers and workers will need to recognise that flexibility will be required and policies will need to be continuously reviewed and updated in line with changing government guidance.

With new updates being announced daily, we would always recommend seeking the advice of a qualified professional to understand the current landscape and how the new legislation applies to you or your business.

Law, News, Property

Landlords advised to be aware of new Broadband Legislation

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, is advising landlords to be aware of forthcoming legislation designed to assist in the Government’s commitment to the roll out of faster more resilient broadband across the UK by 2025.

The Telecommunications Infrastructure (Leasehold Property) Bill 2019-21 is set to amend the 2017 Electronic Communications Code, to streamline the process by which network operators may gain access to multi-let residential properties. It is hoped this will help to deal with the particular problem of the landlord who is unresponsive to requests to allow access, something that is recognised as a major obstacle to meeting the Government’s target.

Emma Cordiner at Conexus Law said: “Though it is difficult to argue against the motivation for the bill, some private landlords may see it as bordering on the draconian. However, timely responsiveness and collaboration by landlords should avoid forceful operator action, so now (as ever) would be the time for all landlords to adopt good habits and pay closer attention to any operator requests for access to install infrastructure.

“At this stage, landlords need to have the bill on their radars, and in spite of the bill, might do well to plan the implementation of broadband infrastructure policies for their buildings, with one eye on a forthcoming need to be more responsive to operator requests. Ultimately a well-managed property with the best of broadband capability will only ever be an attractive prospect to tenants.”

Appointments, Law

Aaron & Partners celebrates success of newly qualified solicitor

Legal firm Aaron & Partners is celebrating the success of its latest trainee, Natalie Antenbring-Unwin, who has qualified as a solicitor in the firm’s Dispute Resolution & Insolvency team.

Natalie, who joined the practice as a paralegal in 2016 after graduating from the University of Law in Chester, completed her training programme with the firm and will now take up a permanent position in its Shrewsbury office within the Dispute Resolution and Insolvency team.

Natalie said: “I’m incredibly grateful for the opportunities I’ve had whilst training with Aaron & Partners and for the support the firm has given me during my training contract. It feels great to be able to say that I’m now a qualified solicitor.

“Working as part of such a great team of highly experienced and knowledgeable lawyers has already been an invaluable experience and I’ve learnt a huge amount here. I’m looking forward to the new role as a qualified solicitor and being able to continue to learn and develop and ultimately to assist our clients.”

Natalie has also gained the Higher Rights of Audience qualification, meaning she can represent clients in the High Court of England and Wales as a solicitor advocate.

Stephen Taylor, a Dispute Resolution & Insolvency Partner at Aaron & Partners said: “Natalie is an excellent lawyer who has demonstrated all of the qualities that we look for. I have no doubt that she will enhance the Dispute Resolution Team within our Shrewsbury office.

“As a firm, we are passionate about giving people the opportunity to develop and learn and Natalie has worked hard to get to this stage. During what is an incredibly uncertain time for many, it’s fantastic to be able to celebrate some positive news.”

Law, News

Legal firm takes renowned ‘HR lunch club’ online

Leading legal firm Aaron & Partners has announced it will be hosting a free online HR workshop to provide expert advice to HR professionals and business leaders during the UK-wide lockdown period.

The firm’s specialist employment team decided to take the workshop online whilst social distancing measures are in place as a result of the Covid-19 pandemic, to continue the success of the workshops over the past three years.

A one-hour seminar took place on Tuesday 21 April at 12.30pm – and focused on workplace investigations, giving an opportunity for questions and answers around some of the recent challenges HR professionals have faced in this area as a result of Covid-19.

Helen Watson, Partner and Head of Employment Law at Aaron & Partners said: “Through delivering these workshops in the past, we know that HR professionals and business owners really value having a forum where they can discuss issues they are facing whilst also receiving support from legal experts

“Despite the challenges of the current climate, we felt it was really important to continue these events as lots of clients are still looking to us to provide support and guidance at this time.

“This is undoubtedly a challenging period for businesses to navigate, however, we have seen that for many, it’s still business as usual with HR professionals and business owners seeking advice on common issues, such as managing workplace investigations.

“The HR lunch club sessions also provide a great opportunity for networking with like-minded professionals as well as offering them the chance to share advice and support, and we believe the new online format will be just as beneficial for attendees.”

To find out more, visit: https://www.aaronandpartners.com/

Construction, Law

Construction specialist strengthens services at top law firm

Top 200 legal practice Aaron & Partners has strengthened its services by appointing a senior construction expert.

Phil Caton joins as a Senior Associate Solicitor, specialising in construction law. Phil is highly experienced in both contentious and non-contentious work but has a particular focus on transactional law, including drafting and negotiating contracts, drafting development agreements and offering advice on bespoke forms and building standards.

His in-depth knowledge of the sector and understanding of the complexities of construction law has also put Phil in good stead to manage the resolution of a range of construction disputes, including breach of contracts and adjudication.

“Aaron & Partners is a highly regarded firm in the North West and it’s fantastic to be able to bring a new set of skills to such a great team.” said Phil.

“Now, more than ever, it is vital that businesses have access to expert legal advice.

“Coronavirus has had a significant impact on all aspects of business, perhaps especially within the construction sector, and my role has never been more crucial. Whether companies require advice on breach of contracts or management of dispute resolution, it is vital that they know we can provide the expert support they need during these challenging times.”

David Harries, Partner and Phil’s team leader said: “Phil is a tremendous addition to the firm and his wealth of specialist construction knowledge will be a huge asset to us and to our clients, especially during the current crisis”.

Law, North of England

Leading legal firm celebrates a milestone year

Leading legal practice Aaron & Partners held its annual New Year Drinks event at Chester’s iconic Storyhouse to celebrate the successes and achievements of the firm over the past 12-months.

The event saw more than 110 people – a mix of staff, clients and local businesses – come together for an evening filled with Moroccan-themed food, drinks and celebrations.

Aaron & Partners is a long-running supporter of the iconic Storyhouse and in line with the partnership, the event took place at the Garret Bar and Studio on Storyhouse’s fourth floor, with food being provided by The Kitchen Restaurant.

The Chester-based firm recently announced a third consecutive year of increased annual income that saw fees grow to over £10.5 million, marking a milestone in its 36-year history.

Nick Clarke, Senior Partner at Aaron & Partners said: “Our annual New Year Drinks event is a fantastic way to bring everyone together to celebrate the achievements of the past 12-months and look ahead to the future.

“We host this event to recognise the support of our clients and referrers throughout the year. Getting everyone together at such a superb venue was a fitting way to mark the beginning of a new year.”

Aaron & Partners celebrated another year of impressive rankings in both The Legal 500 and The Chamber & Partners guide – recognised independent industry guides highlighting the top professionals working in the UK’s best legal practices.

To round off the year, the firm was named one of the top 200 law firms in England and Wales in The Times’ Best Law Firms 2020, which is compiled using recommendations from other leading lawyers.

Helen Johnson, Business Development Manager at Aaron & Partners, added: “This year’s New Year Drinks event was a huge success and as a firm, we have had so many fantastic achievements to celebrate.

“Storyhouse is a huge part of Chester’s rich culture and as sponsors of the venue, it was the perfect place for us to host the special evening.”

To find out more about Aaron & Partners, visit: https://www.aaronandpartners.com/

L & D, Law, South East

Law Firm Boyes Turner Launches New Coaching Service

Leading law firm Boyes Turner, based in Reading, today announced that it is expanding its existing wide range of employment law and HR offerings with the launch of a new coaching service. The service is aimed at any organisation looking to offer coaching to its employees and reflects the direction that law firms need to move towards, according to Boyes Turner.

The Boyes Turner employment team has been acting for some time as an extension to human resources teams, providing them with an integrated range of employee advisory services. The coaching service is a continuation of this and has been developed in response to client requests for the firm to play an all-round advisory role, rather than offering purely legal support.

Whilst coaching isn’t a regulated industry, Boyes Turner considers regulation important. All Boyes Turner’s coaches are accredited with one of the major coaching bodies. The new service is available on a 1:1 or team basis and covers a variety of topics including executive and career coaching.

Helen Goss, Partner, Boyes Turner, commented,

“Organisations benefit from providing coaching to their employees by helping them address the war for talent in terms of attracting and retaining the best staff. It encourages employees to feel valued and so increases loyalty and motivation, improving productivity.”

The move into HR services, in addition to legal solutions, reflects the views of Boyes Turner that the future for law firms lies in advising clients on issues beyond the purely legal. As a firm with many fast-moving tech clients, Boyes Turner continually evolves and develops its services to ensure it continues to add real value, as clients’ business models change.

Helen added,

“Our clients tell us that what they want are solutions to their problems. Sometimes the solution is a legal one, but requirements are often more complex and need a broader approach. Coaching is just one way we work can work with HR to provide this. Boyes Turner is one of the few law firms to recognise that businesses increasingly want their legal teams to play a broader advisory role – and to actually offer this.”

SAR Support

Also announced today by Boyes Turner is the availability of a new service to help with subject access requests (SARs), which, like the coaching service, is designed to provide a solution to issues HR teams have told the firm they regularly encounter.

With the introduction of the General Data Protection Regulation in 2018, individuals are increasingly aware of their rights. One of these is the right of customers, suppliers and employees to request to see what data a company holds about them. The new SARs service combines the expertise of Boyes Turner’s lawyers with the latest AI technology. It will provide organisations with a cost-effective solution to dealing with SARs, thus helping avoid possible fines and reputational risk.

Barry Stanton, who heads the employment team at Boyes Turner said,

“Since the introduction of GDPR we have seen a marked increase in the number of SARs that HR teams are faced with. A combination of the speed needed to respond, the large volume of data which HR teams need to review and the eye-watering fines at stake make these one of the key issues keeping HR up at night.”

Boyes Turner’s solution demonstrates how the firm is continually innovating. Barry commented,

“As a business we’ve never stood still because our clients don’t. We are among the first wave of law firms to realise we need to mirror the changes our clients are going through. This means becoming real business advisors rather than just suppliers of legal services.”

More details can be found at https://www.boyesturnerhrsolutions.com/