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EMPLOYMENT LAW WORLDVIEW From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 31, 2021. This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we cover: "YOU CAN GO TO THE PUB IF OFF SICK FROM WORK, SAYS This is of course not what the Newcastle Employment Tribunal said, nor is “Unless a company has specifically forbidden employees from socialising while ill they are free to do what they like” or “Going to the pub while off sick is not a sackable offence”. . However, the reality would not illuminate the pages of yesterday’s Metro to anything like the same extent, so why spoil a good FREE AND EXTENDED COBRA COVERAGE UNDER THE AMERICAN RESCUE Section 9501 of the American Rescue Plan Act of 2021 (the “ARPA”) requires employers to offer free COBRA coverage to certain individuals between April 1, 2021 and September 30, 2021. The ARPA provides tax credits to employers to offset the cost of the COBRA coverage. QUALIFIED DISASTER TAX RELIEF Besides the COVID-19 pandemic, 2020 has also had its share of other disasters, including hurricanes, floods and fires. The Consolidated Appropriations Act, 2021 (the “CAA”) has provisions that are designed to provide tax relief for individuals and employers who have been adversely affected by one of the numerous federally declared “Qualified Disasters”. AMERICAN RESCUE PLAN TAX CREDITS FOR EMPLOYERS WHO On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (the “Rescue Plan”). This post reviews Section 9641 of the Rescue Plan, which makes available tax credits to certain employers who voluntarily provide paid time sick leave and family and medical act leave to employees for absences occasioned by the pandemic, from April 1, 2021 through September 30, 2021. EFFECTIVE SETTLEMENT AGREEMENTS, PART 2 Effective settlement agreements, Part 2 – DSARs and disputes (UK) Here are brief answers to two more of the questions raised at this week’s webinar on Effective Settlement Agreements. Can we make it a term of a Settlement Agreement that an employee will not make a DSAR
after he leaves?
HANDLING GRIEVANCES WEBINAR FOLLOW-UP QUESTIONS, PART 6 Handling Grievances webinar follow-up questions, Part 6 (UK) As nearly the last of our answers to queries raised at our Handling Grievances Webinar last month, here are two very important questions about how far HR can or should act as a neutral in the resolution of an employeegrievance. 10.
THREE WAYS TO DISMISS EMPLOYEES IN JAPAN 1: Negotiated voluntary resignation. The most common method of dismissing employees in Japan (and, in most cases, the only method likely to work) is to negotiate the employee’s resignation on a voluntary basis. Employees will typically require a lump-sum payment equivalent to several months’ salary, in addition to any otheraccrued
CAN AN EMPLOYER’S DISCLOSURE OF AN EMPLOYEE’S LAWSUIT IN A If you’re a fan of unusual employment law cases, the saga between SigmaTron International, Inc. and its former employee, Maria Gracia,has been the
“A PENGUIN WALKS THROUGH THAT DOOR RIGHT NOW WEARING A HereIsTheCitynews.com (HITCN) recently ran a piece on left-field recruitment interview questions, including the one in the title, “What kitchen utensil would you be?”, and the potentially lethal “On a scale from 1 to 10, rate me as an interviewer”. EMPLOYMENT LAW WORLDVIEW From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 31, 2021. This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we cover: "YOU CAN GO TO THE PUB IF OFF SICK FROM WORK, SAYS This is of course not what the Newcastle Employment Tribunal said, nor is “Unless a company has specifically forbidden employees from socialising while ill they are free to do what they like” or “Going to the pub while off sick is not a sackable offence”. . However, the reality would not illuminate the pages of yesterday’s Metro to anything like the same extent, so why spoil a good FREE AND EXTENDED COBRA COVERAGE UNDER THE AMERICAN RESCUE Section 9501 of the American Rescue Plan Act of 2021 (the “ARPA”) requires employers to offer free COBRA coverage to certain individuals between April 1, 2021 and September 30, 2021. The ARPA provides tax credits to employers to offset the cost of the COBRA coverage. QUALIFIED DISASTER TAX RELIEF Besides the COVID-19 pandemic, 2020 has also had its share of other disasters, including hurricanes, floods and fires. The Consolidated Appropriations Act, 2021 (the “CAA”) has provisions that are designed to provide tax relief for individuals and employers who have been adversely affected by one of the numerous federally declared “Qualified Disasters”. AMERICAN RESCUE PLAN TAX CREDITS FOR EMPLOYERS WHO On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (the “Rescue Plan”). This post reviews Section 9641 of the Rescue Plan, which makes available tax credits to certain employers who voluntarily provide paid time sick leave and family and medical act leave to employees for absences occasioned by the pandemic, from April 1, 2021 through September 30, 2021. EFFECTIVE SETTLEMENT AGREEMENTS, PART 2 Effective settlement agreements, Part 2 – DSARs and disputes (UK) Here are brief answers to two more of the questions raised at this week’s webinar on Effective Settlement Agreements. Can we make it a term of a Settlement Agreement that an employee will not make a DSARafter he leaves?
HANDLING GRIEVANCES WEBINAR FOLLOW-UP QUESTIONS, PART 6 Handling Grievances webinar follow-up questions, Part 6 (UK) As nearly the last of our answers to queries raised at our Handling Grievances Webinar last month, here are two very important questions about how far HR can or should act as a neutral in the resolution of an employeegrievance. 10.
THREE WAYS TO DISMISS EMPLOYEES IN JAPAN 1: Negotiated voluntary resignation. The most common method of dismissing employees in Japan (and, in most cases, the only method likely to work) is to negotiate the employee’s resignation on a voluntary basis. Employees will typically require a lump-sum payment equivalent to several months’ salary, in addition to any otheraccrued
CAN AN EMPLOYER’S DISCLOSURE OF AN EMPLOYEE’S LAWSUIT IN A If you’re a fan of unusual employment law cases, the saga between SigmaTron International, Inc. and its former employee, Maria Gracia,has been the
“A PENGUIN WALKS THROUGH THAT DOOR RIGHT NOW WEARING A HereIsTheCitynews.com (HITCN) recently ran a piece on left-field recruitment interview questions, including the one in the title, “What kitchen utensil would you be?”, and the potentially lethal “On a scale from 1 to 10, rate me as an interviewer”. CALIFORNIA AGENCY WITHDRAWS PROPOSED REVISED MASK Less than a week after adopting a controversial proposal that would have required vaccinated employees to wear masks any time they were in a room with an unvaccinated person, the California Occupational Safety and Health Standards Board voted to withdraw the proposal. CDC SAYS FULLY VACCINATED PEOPLE CAN STOP WEARING MASKS On May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) announced that fully vaccinated individuals no longer need to wear a mask or practice social distancing in any setting. Specifically, fully vaccinated people can now: Resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules andLYING ARCHIVES
The Employment Law Worldview Blog aims to interest and educate, to stimulate discussion, to provoke and sometimes just to amuse HR and other practitioners around the world. THREE WAYS TO DISMISS EMPLOYEES IN JAPAN 1: Negotiated voluntary resignation. The most common method of dismissing employees in Japan (and, in most cases, the only method likely to work) is to negotiate the employee’s resignation on a voluntary basis. Employees will typically require a lump-sum payment equivalent to several months’ salary, in addition to any otheraccrued
ARIZONA AND MANY OTHER STATES BEGIN LEGISLATIVE PROCESS TO Currently pending before the Arizona legislature, Senate Bill 1648 would prohibit discrimination in the workplace (and elsewhere) against individuals who have not received or who refuse to receive a COVID-19 vaccine. As proposed, the bill would prohibit any employer from requiring a person to receive or disclose whether they have received a COVID-19 vaccine as a condition of being hired or COVID-19 AND THE ARIZONA PAID SICK LEAVE LAW (US COVID-19 and the Arizona Paid Sick Leave Law (US) In 2017, Arizona passed the Fair Wages and Healthy Families Act, which requires all Arizona employers to provide paid sick leave (PSL) to their employees, whether they work full-time or part-time or on a permanent, temporary, or occasional basis. (A number of other US states have passed paid WORKERS GAIN NEW HEALTH AND SAFETY PROTECTION FROM 31 MAY The government has now issued an Order extending the health and safety detriment protection to workers. The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 will come into force on 31 May, meaning that from that date workers as well as employees will be covered by s44 and so share the EMPLOYEE DATA SUBJECT ACCESS REQUESTS: PART 3 The Employment Law Worldview Blog aims to interest and educate, to stimulate discussion, to provoke and sometimes just to amuse HR and other practitioners around the world. CAN AN EMPLOYER’S DISCLOSURE OF AN EMPLOYEE’S LAWSUIT IN A If you’re a fan of unusual employment law cases, the saga between SigmaTron International, Inc. and its former employee, Maria Gracia,has been the
SIXTH CIRCUIT TO EMPLOYERS: FAILURE TO TIMELY AND The Sixth Circuit Court of Appeals reminded us last Wednesday that claims of sexual harassment and hostile work environment are not just limited to victims of the opposite sex. EMPLOYMENT LAW WORLDVIEW From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 31, 2021. This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we cover: FREE AND EXTENDED COBRA COVERAGE UNDER THE AMERICAN RESCUE Section 9501 of the American Rescue Plan Act of 2021 (the “ARPA”) requires employers to offer free COBRA coverage to certain individuals between April 1, 2021 and September 30, 2021. The ARPA provides tax credits to employers to offset the cost of the COBRA coverage. COVID-19 AND THE ARIZONA PAID SICK LEAVE LAW (US COVID-19 and the Arizona Paid Sick Leave Law (US) In 2017, Arizona passed the Fair Wages and Healthy Families Act, which requires all Arizona employers to provide paid sick leave (PSL) to their employees, whether they work full-time or part-time or on a permanent, temporary, or occasional basis. (A number of other US states have passed paid EFFECTIVE SETTLEMENT AGREEMENTS, PART 2 Effective settlement agreements, Part 2 – DSARs and disputes (UK) Here are brief answers to two more of the questions raised at this week’s webinar on Effective Settlement Agreements. Can we make it a term of a Settlement Agreement that an employee will not make a DSARafter he leaves?
HANDLING GRIEVANCES WEBINAR FOLLOW-UP QUESTIONS, PART 6 Handling Grievances webinar follow-up questions, Part 6 (UK) As nearly the last of our answers to queries raised at our Handling Grievances Webinar last month, here are two very important questions about how far HR can or should act as a neutral in the resolution of an employeegrievance. 10.
THREE WAYS TO DISMISS EMPLOYEES IN JAPAN 1: Negotiated voluntary resignation. The most common method of dismissing employees in Japan (and, in most cases, the only method likely to work) is to negotiate the employee’s resignation on a voluntary basis. Employees will typically require a lump-sum payment equivalent to several months’ salary, in addition to any otheraccrued
HANDLING GRIEVANCES WEBINAR FOLLOW-UP QUESTIONS, PART 1 Handling Grievances webinar follow-up questions, Part 1 (UK) By David Whincup on April 27, 2021 Posted in Detriment, Discrimination, Events, Grievance, Health & Safety. Over 700 people signed up to our Handling Grievances webinar last week, reinforcing our view that the return to the workplace (RTW) process is going to be a fertile breeding 2021 U.S. MINIMUM WAGE CHART 2021 U.S. Minimum Wage Chart Page 2 of 12 Jurisdiction Minimum Wage1,2 Comments -Emeryville $16.84 -Fremont $15.00 (26+ employees) For employers of 25 or fewer employees, minimum wage of $13.50; increasing to $15.00 on July 1, A GUIDE TO GIVING EVIDENCE IN THE EMPLOYMENT TRIBUNAL 3 Representatives The party for whom you are giving evidence will be represented at the hearing by a solicitor or a barrister. You will have met your representative (or spoken on the telephone) prior to the SIXTH CIRCUIT TO EMPLOYERS: FAILURE TO TIMELY AND The Sixth Circuit Court of Appeals reminded us last Wednesday that claims of sexual harassment and hostile work environment are not just limited to victims of the opposite sex. EMPLOYMENT LAW WORLDVIEW From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 31, 2021. This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we cover: FREE AND EXTENDED COBRA COVERAGE UNDER THE AMERICAN RESCUE Section 9501 of the American Rescue Plan Act of 2021 (the “ARPA”) requires employers to offer free COBRA coverage to certain individuals between April 1, 2021 and September 30, 2021. The ARPA provides tax credits to employers to offset the cost of the COBRA coverage. COVID-19 AND THE ARIZONA PAID SICK LEAVE LAW (US COVID-19 and the Arizona Paid Sick Leave Law (US) In 2017, Arizona passed the Fair Wages and Healthy Families Act, which requires all Arizona employers to provide paid sick leave (PSL) to their employees, whether they work full-time or part-time or on a permanent, temporary, or occasional basis. (A number of other US states have passed paid EFFECTIVE SETTLEMENT AGREEMENTS, PART 2 Effective settlement agreements, Part 2 – DSARs and disputes (UK) Here are brief answers to two more of the questions raised at this week’s webinar on Effective Settlement Agreements. Can we make it a term of a Settlement Agreement that an employee will not make a DSARafter he leaves?
HANDLING GRIEVANCES WEBINAR FOLLOW-UP QUESTIONS, PART 6 Handling Grievances webinar follow-up questions, Part 6 (UK) As nearly the last of our answers to queries raised at our Handling Grievances Webinar last month, here are two very important questions about how far HR can or should act as a neutral in the resolution of an employeegrievance. 10.
THREE WAYS TO DISMISS EMPLOYEES IN JAPAN 1: Negotiated voluntary resignation. The most common method of dismissing employees in Japan (and, in most cases, the only method likely to work) is to negotiate the employee’s resignation on a voluntary basis. Employees will typically require a lump-sum payment equivalent to several months’ salary, in addition to any otheraccrued
HANDLING GRIEVANCES WEBINAR FOLLOW-UP QUESTIONS, PART 1 Handling Grievances webinar follow-up questions, Part 1 (UK) By David Whincup on April 27, 2021 Posted in Detriment, Discrimination, Events, Grievance, Health & Safety. Over 700 people signed up to our Handling Grievances webinar last week, reinforcing our view that the return to the workplace (RTW) process is going to be a fertile breeding 2021 U.S. MINIMUM WAGE CHART 2021 U.S. Minimum Wage Chart Page 2 of 12 Jurisdiction Minimum Wage1,2 Comments -Emeryville $16.84 -Fremont $15.00 (26+ employees) For employers of 25 or fewer employees, minimum wage of $13.50; increasing to $15.00 on July 1, A GUIDE TO GIVING EVIDENCE IN THE EMPLOYMENT TRIBUNAL 3 Representatives The party for whom you are giving evidence will be represented at the hearing by a solicitor or a barrister. You will have met your representative (or spoken on the telephone) prior to the SIXTH CIRCUIT TO EMPLOYERS: FAILURE TO TIMELY AND The Sixth Circuit Court of Appeals reminded us last Wednesday that claims of sexual harassment and hostile work environment are not just limited to victims of the opposite sex. US FEDERAL LABOR VIEWPOINTS From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 31, 2021. This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we cover: EXECUTIVE ORDER SETS STAGE FOR RESTRICTIONS ON GOVERNMENT On August 3, 2020, President Trump signed an Executive Order (“Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” hereafter “Executive Order”) calling for a broad review of the government’s use of visa holders and outsourcing across its extensive government contracting networks.PROSPECT ARCHIVES
BBC News Online reported last week a call by trade union Prospect for the Government to legislate to “ban out of hours emails from bosses” or, beneath the headline, to “ban bosses from routinely emailing or calling outside set working hours“.LYING ARCHIVES
The Employment Law Worldview Blog aims to interest and educate, to stimulate discussion, to provoke and sometimes just to amuse HR and other practitioners around the world. US DEPARTMENT OF LABOR PUBLISHES REGULATIONS CLARIFYING Some questions answered, many still remain. On April 1, 2020, the U.S. Department of Labor (DOL) released new regulations (29 CFR Part 826), attempting to clarify certain provisions in the Families First Coronavirus Response Act (FFCRA). As we previously reported here, under the Emergency Paid Sick Leave Act provision of the FFCRA, certain public employers and private employers with fewer than CALIFORNIA AGENCY WITHDRAWS PROPOSED REVISED MASK Less than a week after adopting a controversial proposal that would have required vaccinated employees to wear masks any time they were in a room with an unvaccinated person, the California Occupational Safety and Health Standards Board voted to withdraw the proposal. CALIFORNIA AGENCY SAYS MASKS STAY ON AT WORK On June 3, 2021, California’s Occupational Safety and Health Standards Board (Cal/OSHA) took the first step towards adopting revised regulations relating to COVID-19 in the workplace. PROPOSED RIGHT TO DISCONNECT LACKS JOINED-UP THINKING (UK BBC News Online reported last week a call by trade union Prospect for the Government to legislate to “ban out of hours emails from bosses” or, beneath the headline, to “ban bosses from routinely emailing or calling outside set working hours“. . This looks like the proposed introduction into English law of the “right to disconnect” seen in a number of other countries, but for the "YOU CAN GO TO THE PUB IF OFF SICK FROM WORK, SAYS This is of course not what the Newcastle Employment Tribunal said, nor is “Unless a company has specifically forbidden employees from socialising while ill they are free to do what they like” or “Going to the pub while off sick is not a sackable offence”. . However, the reality would not illuminate the pages of yesterday’s Metro to anything like the same extent, so why spoil a good HANDLING GRIEVANCES WEBINAR FOLLOW-UP QUESTIONS, PART 1 Handling Grievances webinar follow-up questions, Part 1 (UK) By David Whincup on April 27, 2021 Posted in Detriment, Discrimination, Events, Grievance, Health & Safety. Over 700 people signed up to our Handling Grievances webinar last week, reinforcing our view that the return to the workplace (RTW) process is going to be a fertile breeding EMPLOYMENT LAW WORLDVIEW From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 24, 2021. This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we cover: FREE AND EXTENDED COBRA COVERAGE UNDER THE AMERICAN RESCUE Section 9501 of the American Rescue Plan Act of 2021 (the “ARPA”) requires employers to offer free COBRA coverage to certain individuals between April 1, 2021 and September 30, 2021. The ARPA provides tax credits to employers to offset the cost of the COBRA coverage. EFFECTIVE SETTLEMENT AGREEMENTS, PART 2 Effective settlement agreements, Part 2 – DSARs and disputes (UK) Here are brief answers to two more of the questions raised at this week’s webinar on Effective Settlement Agreements. Can we make it a term of a Settlement Agreement that an employee will not make a DSARafter he leaves?
DAVID WHINCUP
By David Whincup on March 19, 2021 Posted in Contracts of Employment, Dismissal, Flexible Working. Over 700 sign-ups for our Future of the Workplace webinar yesterday show much continuing uncertainty on the part of employers as to just what happens next in practical HR terms as the lock-down staggers to a scheduled end in June. WORKERS GAIN NEW HEALTH AND SAFETY PROTECTION FROM 31 MAY The government has now issued an Order extending the health and safety detriment protection to workers. The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 will come into force on 31 May, meaning that from that date workers as well as employees will be covered by s44 and so share the CHANGING LEGAL ATTITUDES TO SEX AND CHIVALRY IN THE UK Changing legal attitudes to sex and chivalry in the UK. If you have any doubts that attitudes towards sex equality have changed over the years, it is worth reading one of the early sex discrimination judgments, Peake v Automotive Products. The allegation in this claim from 1977, as put in EMPLOYER PENSION CONTRIBUTIONS COUNT TOWARDS THE The Employment Law Worldview Blog aims to interest and educate, to stimulate discussion, to provoke and sometimes just to amuse HR and other practitioners around the world. WORKPLACE MEDIATION IN THE UK Workplace mediation in the UK – not at all a pussycat. Proponents of workplace mediation often stress its confidential and voluntary nature and the ability to fail to agree without there necessarily being any adverse consequences. It is all about listening and rapport and trust, say those commentaries, making the whole process sound as cuddly FRANCE: NEW LAWS ON PART-TIME CONTRACTS As part of its push to simplify employment law and regulation, but using the word “simplicity” in its very loosest sense, the French Government has introduced new rules governing the use of part-time contracts. The key changes for French employers to note are that part-time employees must usually be offered a minimum of 24 hours’work per
UK EQUALITY COMMISSION ISSUES NEW SEXUAL HARASSMENT UK Equality Commission issues new sexual harassment guidance. Earlier this month, the Equality and Human Rights Commission issued new guidance on sexual harassment and harassment at work. The guidance is very comprehensive, running to some 82 pages, but if you are responsible for drafting your company’s harassment policies or forhandling
EMPLOYMENT LAW WORLDVIEW From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 24, 2021. This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we cover: FREE AND EXTENDED COBRA COVERAGE UNDER THE AMERICAN RESCUE Section 9501 of the American Rescue Plan Act of 2021 (the “ARPA”) requires employers to offer free COBRA coverage to certain individuals between April 1, 2021 and September 30, 2021. The ARPA provides tax credits to employers to offset the cost of the COBRA coverage. EFFECTIVE SETTLEMENT AGREEMENTS, PART 2 Effective settlement agreements, Part 2 – DSARs and disputes (UK) Here are brief answers to two more of the questions raised at this week’s webinar on Effective Settlement Agreements. Can we make it a term of a Settlement Agreement that an employee will not make a DSARafter he leaves?
DAVID WHINCUP
By David Whincup on March 19, 2021 Posted in Contracts of Employment, Dismissal, Flexible Working. Over 700 sign-ups for our Future of the Workplace webinar yesterday show much continuing uncertainty on the part of employers as to just what happens next in practical HR terms as the lock-down staggers to a scheduled end in June. WORKERS GAIN NEW HEALTH AND SAFETY PROTECTION FROM 31 MAY The government has now issued an Order extending the health and safety detriment protection to workers. The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 will come into force on 31 May, meaning that from that date workers as well as employees will be covered by s44 and so share the CHANGING LEGAL ATTITUDES TO SEX AND CHIVALRY IN THE UK Changing legal attitudes to sex and chivalry in the UK. If you have any doubts that attitudes towards sex equality have changed over the years, it is worth reading one of the early sex discrimination judgments, Peake v Automotive Products. The allegation in this claim from 1977, as put in EMPLOYER PENSION CONTRIBUTIONS COUNT TOWARDS THE The Employment Law Worldview Blog aims to interest and educate, to stimulate discussion, to provoke and sometimes just to amuse HR and other practitioners around the world. WORKPLACE MEDIATION IN THE UK Workplace mediation in the UK – not at all a pussycat. Proponents of workplace mediation often stress its confidential and voluntary nature and the ability to fail to agree without there necessarily being any adverse consequences. It is all about listening and rapport and trust, say those commentaries, making the whole process sound as cuddly FRANCE: NEW LAWS ON PART-TIME CONTRACTS As part of its push to simplify employment law and regulation, but using the word “simplicity” in its very loosest sense, the French Government has introduced new rules governing the use of part-time contracts. The key changes for French employers to note are that part-time employees must usually be offered a minimum of 24 hours’work per
UK EQUALITY COMMISSION ISSUES NEW SEXUAL HARASSMENT UK Equality Commission issues new sexual harassment guidance. Earlier this month, the Equality and Human Rights Commission issued new guidance on sexual harassment and harassment at work. The guidance is very comprehensive, running to some 82 pages, but if you are responsible for drafting your company’s harassment policies or forhandling
CALIFORNIA AGENCY SAYS MASKS STAY ON AT WORK On June 3, 2021, California’s Occupational Safety and Health Standards Board (Cal/OSHA) took the first step towards adopting revised regulations relating to COVID-19 in the workplace. WORKERS GAIN NEW HEALTH AND SAFETY PROTECTION FROM 31 MAY The government has now issued an Order extending the health and safety detriment protection to workers. The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 will come into force on 31 May, meaning that from that date workers as well as employees will be covered by s44 and so share the EMPLOYER PENSION CONTRIBUTIONS COUNT TOWARDS THE The Employment Law Worldview Blog aims to interest and educate, to stimulate discussion, to provoke and sometimes just to amuse HR and other practitioners around the world. NEW DEVELOPMENTS IN SPANISH EQUAL PAY AND EQUALITY PLANS New Developments in Spanish Equal Pay and Equality Plans. The government in Spain has adopted two new Royal Decrees to address the gender wage gap and ensure the effectiveness of equality plans. These regulations implement two key employer obligations: (i) to guarantee equal pay for men and women, and; (ii) to draw up and registerequality plans.
THREE WAYS TO DISMISS EMPLOYEES IN JAPAN 1: Negotiated voluntary resignation. The most common method of dismissing employees in Japan (and, in most cases, the only method likely to work) is to negotiate the employee’s resignation on a voluntary basis. Employees will typically require a lump-sum payment equivalent to several months’ salary, in addition to any otheraccrued
EMPLOYEE DATA SUBJECT ACCESS REQUESTS: PART 3 The Employment Law Worldview Blog aims to interest and educate, to stimulate discussion, to provoke and sometimes just to amuse HR and other practitioners around the world. WHISTLEBLOWING IN THE WORKPLACE: LEARNING POINTS FOR HR Learning point 2: remember that you are in control of the whistleblowing investigation . If a worker raises concerns about something which might represent serious wrongdoing in the workplace, the first step is to get a clear understanding of what they arecomplaining about.
A GUIDE TO GIVING EVIDENCE IN THE EMPLOYMENT TRIBUNAL 3 Representatives The party for whom you are giving evidence will be represented at the hearing by a solicitor or a barrister. You will have met your representative (or spoken on the telephone) prior to the MINDING YOUR LANGUAGE IN BELGIAN EMPLOYMENT CONTRACTS Minding your language in Belgian employment contracts. While we Belgians are generally known for being quite flexible in our use of foreign languages, we can be real sticklers when it comes to the use of language in the employment relationship. The rules are as simple as they are harsh: all social relations (including employment) and the THE EVOLVING WORLD OF COLORADO NON-COMPETE AGREEMENTS (US The Evolving World of Colorado Non-Compete Agreements (US) On March 8, 2018, the Colorado Court of Appeals issued much-needed guidance regarding C.R.S. 8-2-113 (3) in Crocker v. Greater Colorado Anesthesia, P.C. (“GCA”). This statutory provision provides that “any covenant not to compete provision of an employment,partnership, or
EMPLOYMENT LAW WORLDVIEW From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 24, 2021. This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we cover: FREE AND EXTENDED COBRA COVERAGE UNDER THE AMERICAN RESCUE Section 9501 of the American Rescue Plan Act of 2021 (the “ARPA”) requires employers to offer free COBRA coverage to certain individuals between April 1, 2021 and September 30, 2021. The ARPA provides tax credits to employers to offset the cost of the COBRA coverage. EFFECTIVE SETTLEMENT AGREEMENTS, PART 2 Effective settlement agreements, Part 2 – DSARs and disputes (UK) Here are brief answers to two more of the questions raised at this week’s webinar on Effective Settlement Agreements. Can we make it a term of a Settlement Agreement that an employee will not make a DSARafter he leaves?
DAVID WHINCUP
By David Whincup on March 19, 2021 Posted in Contracts of Employment, Dismissal, Flexible Working. Over 700 sign-ups for our Future of the Workplace webinar yesterday show much continuing uncertainty on the part of employers as to just what happens next in practical HR terms as the lock-down staggers to a scheduled end in June. WORKERS GAIN NEW HEALTH AND SAFETY PROTECTION FROM 31 MAY The government has now issued an Order extending the health and safety detriment protection to workers. The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 will come into force on 31 May, meaning that from that date workers as well as employees will be covered by s44 and so share the CHANGING LEGAL ATTITUDES TO SEX AND CHIVALRY IN THE UK Changing legal attitudes to sex and chivalry in the UK. If you have any doubts that attitudes towards sex equality have changed over the years, it is worth reading one of the early sex discrimination judgments, Peake v Automotive Products. The allegation in this claim from 1977, as put in EMPLOYER PENSION CONTRIBUTIONS COUNT TOWARDS THE The Employment Law Worldview Blog aims to interest and educate, to stimulate discussion, to provoke and sometimes just to amuse HR and other practitioners around the world. WORKPLACE MEDIATION IN THE UK Workplace mediation in the UK – not at all a pussycat. Proponents of workplace mediation often stress its confidential and voluntary nature and the ability to fail to agree without there necessarily being any adverse consequences. It is all about listening and rapport and trust, say those commentaries, making the whole process sound as cuddly FRANCE: NEW LAWS ON PART-TIME CONTRACTS As part of its push to simplify employment law and regulation, but using the word “simplicity” in its very loosest sense, the French Government has introduced new rules governing the use of part-time contracts. The key changes for French employers to note are that part-time employees must usually be offered a minimum of 24 hours’work per
UK EQUALITY COMMISSION ISSUES NEW SEXUAL HARASSMENT UK Equality Commission issues new sexual harassment guidance. Earlier this month, the Equality and Human Rights Commission issued new guidance on sexual harassment and harassment at work. The guidance is very comprehensive, running to some 82 pages, but if you are responsible for drafting your company’s harassment policies or forhandling
EMPLOYMENT LAW WORLDVIEW From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 24, 2021. This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we cover: FREE AND EXTENDED COBRA COVERAGE UNDER THE AMERICAN RESCUE Section 9501 of the American Rescue Plan Act of 2021 (the “ARPA”) requires employers to offer free COBRA coverage to certain individuals between April 1, 2021 and September 30, 2021. The ARPA provides tax credits to employers to offset the cost of the COBRA coverage. EFFECTIVE SETTLEMENT AGREEMENTS, PART 2 Effective settlement agreements, Part 2 – DSARs and disputes (UK) Here are brief answers to two more of the questions raised at this week’s webinar on Effective Settlement Agreements. Can we make it a term of a Settlement Agreement that an employee will not make a DSARafter he leaves?
DAVID WHINCUP
By David Whincup on March 19, 2021 Posted in Contracts of Employment, Dismissal, Flexible Working. Over 700 sign-ups for our Future of the Workplace webinar yesterday show much continuing uncertainty on the part of employers as to just what happens next in practical HR terms as the lock-down staggers to a scheduled end in June. WORKERS GAIN NEW HEALTH AND SAFETY PROTECTION FROM 31 MAY The government has now issued an Order extending the health and safety detriment protection to workers. The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 will come into force on 31 May, meaning that from that date workers as well as employees will be covered by s44 and so share the CHANGING LEGAL ATTITUDES TO SEX AND CHIVALRY IN THE UK Changing legal attitudes to sex and chivalry in the UK. If you have any doubts that attitudes towards sex equality have changed over the years, it is worth reading one of the early sex discrimination judgments, Peake v Automotive Products. The allegation in this claim from 1977, as put in EMPLOYER PENSION CONTRIBUTIONS COUNT TOWARDS THE The Employment Law Worldview Blog aims to interest and educate, to stimulate discussion, to provoke and sometimes just to amuse HR and other practitioners around the world. WORKPLACE MEDIATION IN THE UK Workplace mediation in the UK – not at all a pussycat. Proponents of workplace mediation often stress its confidential and voluntary nature and the ability to fail to agree without there necessarily being any adverse consequences. It is all about listening and rapport and trust, say those commentaries, making the whole process sound as cuddly FRANCE: NEW LAWS ON PART-TIME CONTRACTS As part of its push to simplify employment law and regulation, but using the word “simplicity” in its very loosest sense, the French Government has introduced new rules governing the use of part-time contracts. The key changes for French employers to note are that part-time employees must usually be offered a minimum of 24 hours’work per
UK EQUALITY COMMISSION ISSUES NEW SEXUAL HARASSMENT UK Equality Commission issues new sexual harassment guidance. Earlier this month, the Equality and Human Rights Commission issued new guidance on sexual harassment and harassment at work. The guidance is very comprehensive, running to some 82 pages, but if you are responsible for drafting your company’s harassment policies or forhandling
CALIFORNIA AGENCY SAYS MASKS STAY ON AT WORK On June 3, 2021, California’s Occupational Safety and Health Standards Board (Cal/OSHA) took the first step towards adopting revised regulations relating to COVID-19 in the workplace. WORKERS GAIN NEW HEALTH AND SAFETY PROTECTION FROM 31 MAY The government has now issued an Order extending the health and safety detriment protection to workers. The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 will come into force on 31 May, meaning that from that date workers as well as employees will be covered by s44 and so share the EMPLOYER PENSION CONTRIBUTIONS COUNT TOWARDS THE The Employment Law Worldview Blog aims to interest and educate, to stimulate discussion, to provoke and sometimes just to amuse HR and other practitioners around the world. NEW DEVELOPMENTS IN SPANISH EQUAL PAY AND EQUALITY PLANS New Developments in Spanish Equal Pay and Equality Plans. The government in Spain has adopted two new Royal Decrees to address the gender wage gap and ensure the effectiveness of equality plans. These regulations implement two key employer obligations: (i) to guarantee equal pay for men and women, and; (ii) to draw up and registerequality plans.
THREE WAYS TO DISMISS EMPLOYEES IN JAPAN 1: Negotiated voluntary resignation. The most common method of dismissing employees in Japan (and, in most cases, the only method likely to work) is to negotiate the employee’s resignation on a voluntary basis. Employees will typically require a lump-sum payment equivalent to several months’ salary, in addition to any otheraccrued
EMPLOYEE DATA SUBJECT ACCESS REQUESTS: PART 3 The Employment Law Worldview Blog aims to interest and educate, to stimulate discussion, to provoke and sometimes just to amuse HR and other practitioners around the world. WHISTLEBLOWING IN THE WORKPLACE: LEARNING POINTS FOR HR Learning point 2: remember that you are in control of the whistleblowing investigation . If a worker raises concerns about something which might represent serious wrongdoing in the workplace, the first step is to get a clear understanding of what they arecomplaining about.
A GUIDE TO GIVING EVIDENCE IN THE EMPLOYMENT TRIBUNAL 3 Representatives The party for whom you are giving evidence will be represented at the hearing by a solicitor or a barrister. You will have met your representative (or spoken on the telephone) prior to the MINDING YOUR LANGUAGE IN BELGIAN EMPLOYMENT CONTRACTS Minding your language in Belgian employment contracts. While we Belgians are generally known for being quite flexible in our use of foreign languages, we can be real sticklers when it comes to the use of language in the employment relationship. The rules are as simple as they are harsh: all social relations (including employment) and the THE EVOLVING WORLD OF COLORADO NON-COMPETE AGREEMENTS (US The Evolving World of Colorado Non-Compete Agreements (US) On March 8, 2018, the Colorado Court of Appeals issued much-needed guidance regarding C.R.S. 8-2-113 (3) in Crocker v. Greater Colorado Anesthesia, P.C. (“GCA”). This statutory provision provides that “any covenant not to compete provision of an employment,partnership, or
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EMPLOYMENT LAW WORLDVIEW US FEDERAL LABOR VIEWPOINTS – WEEK OF MAY 24, 2021By Daniel Pasternak
on June 2, 2021 Posted in Age Discrimination,Benefits,
Business Immigration,Coronavirus,
COVID-19,
General,
News, NLRB,
OSHA,
Parental
leave,
Unemployment
_
From
our Capital Thinking blog , our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 24, 2021._***
This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In thisissue, we cover:
* Biden Administration Labor Leadership Updates * More Republican-Led States Curb Federal Pandemic-Related Unemployment Benefits * House W&M Republicans Introduced Paid Family Leave Bill * Two Workplace Bills Advance Out of Committee * OSHA COVID-19 Emergency Temporary Standard | Update * ACCSH Members Announced * Form T-1 Trust Annual Report Filing Rule | Public CommentsSolicited
* H-2B Visas Caps
* Forced Labor DevelopmentsContinue Reading
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NOT VACCINATED YET? HOW ABOUT $100 FOR A SHOT? UPDATED EEOC GUIDANCE CONFIRMS EMPLOYERS CAN OFFER EMPLOYEES VACCINATION INCENTIVES (US)By Daniel Pasternak
on May 28, 2021 Posted in Americans with Disability Act,Coronavirus,
COVID-19,
Disability,
Disability Discrimination,EEOC,
Employment Policies,Health,
Health & Safety,
News,
Policies,
Regulation,
Religion,
Religious Discrimination,Title VII,
Vaccine
and Vaccination
On May 28, 2021, the US Equal Employment Opportunity Commission (EEOC) updated its ongoing guidance on COVID-19 issues in the workplace to cover additional topics relating to vaccination of employees. This updated guidance addresses a number of questions that have been arising now that amajority of
the adult US population has been fully vaccinated against COVID-19. * Employers can require that all employees physically entering the workplace be vaccinated for COVID-19, subject to the employer’s obligation to provide reasonable accommodation to employees who are unable to receive the vaccine due to disability-related reasons, pregnancy, or because of sincerely-held religious beliefs, unless doing so would impose an undue hardship on the employer’s business. * Employers can request that employees provide confirmation of their COVID-19 vaccination status, e.g., the employee’s CDC “COVID-19 Vaccination Record Card” or records from a pharmacy, public health clinic, or health care provider. If the employer requires that the employee provide it with a copy of this information (instead of only reviewing and confirming), it must maintain that information as a confidential medical record, separate from the employee’s personnelfile.
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US FEDERAL LABOR VIEWPOINTS – WEEK OF MAY 17, 2021By Daniel Pasternak
on May 27, 2021 Posted in Benefits,Coronavirus,
COVID-19,
Department of Labor,Discrimination,
EEOC, FMLA,
General,
OSHA,
Pregnancy,
Sick
Leave,
Unemployment,
Workplace Safety & Health_
From
our Capital Thinking blog , our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 17._***
This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In thisissue, we cover:
* Biden Administration Labor Leadership Updates * More Republican States Curb Federal Pandemic-Related UnemploymentBenefits
* Republicans Introduce Legislation to Combat Unemployment Fraud * Resolution to Overturn Workplace Bias Claim Rule Advances in theSenate
* Senate HELP Committee Hearing on Paid Leave Recapped * Pregnant Workers Bill Advances Out of the House * Pending OSHA Emergency COVID-19 Workplace Safety Rules | Update * _**Upcoming Congressional Hearings**_Continue Reading
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ARIZONA AND MANY OTHER STATES BEGIN LEGISLATIVE PROCESS TO PROTECT EMPLOYEES AGAINST DISCRIMINATION BASED ON COVID-19 VACCINE CHOICES(US)
By Daniel Pasternak
on May 23, 2021 Posted in Arizona,California,
Colorado,
Coronavirus,
COVID-19,
Disability,
Disability Discrimination,EEOC,
Employment Law,
Employment Policies,GINA, Health &
Safety,
Health & Welfare,
Health & Wellbeing,
Hiring,
Illinois,
Legislation,
News,
Ohio,
Policies,
Regulation,
Religion,
Religious Discrimination,State Law Updates,
Texas,
Vaccine and Vaccination Currently pending before the Arizona legislature,Senate Bill 1648
would
prohibit discrimination in the workplace (and elsewhere) against individuals who have not received or who refuse to receive a COVID-19 vaccine. As proposed, the bill would prohibit any employer from requiring a person to receive or disclose whether they have received a COVID-19 vaccine as a condition of being hired or remaining employed. The bill additionally would amend not only Arizona’s state statutes devoted to employment matters, but also would prohibit nearly any business or public space from limiting access to a person on the basis of their receipt or non-receipt of a COVID-19 vaccine to any indoor or outdoor spaces or buildings, places of public accommodation (as defined by A.R.S. § 41-1491),
spaces that are owned, leased, operated, occupied, or otherwise used by a public body (as defined by A.R.S. § 39-121.01 ), and places that are generally open to the public. This partisan bill, sponsored by seven Republican Senators, is not yet set for a vote. Arizona is just one of many U.S. states that have seen legislation introduced targeted at protecting employees (and persons in general) who choose not to receive a COVID-19 vaccine. However, the protections in these bills, and to whom they apply, vary significantly from state to state. For example, some proposed bills would regulate only public employers (see below). Others don’t prohibit vaccine requirements, but impose limitations on them. For example, Montana’s proposed law allows employer vaccine mandates, but requires that any accommodations provided by an employer for individuals who refuse to obtain a vaccine due to medical or religious reasons must also be offered to any employee who refuses to become vaccinated, for any reason. ContinueReading
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OHIO JOINS GROWING LIST OF STATES RESCINDING MASK ORDERS (US)By Kristine Woliver
on May 18, 2021 Posted in Coronavirus,COVID-19,
Employment Policies,Ohio
As
we blogged about here,
the CDC announced on May 13, 2021 that fully vaccinated individuals no longer need to wear a mask or practice social distancing except in certain circumstances, including when state or local orders still require compliance with these COVID-19 mitigation measures. As a result, a number of state and local health departments have been scrambling to update or rescind orders containing capacity restrictions and other mandates relating to mask wearing, social distancing, and remote working. Continue Reading__
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CDC SAYS FULLY VACCINATED PEOPLE CAN STOP WEARING MASKS, BUT WHAT DOES THIS MEAN FOR EMPLOYERS? (US)By Melissa Legault
on May 17, 2021 Posted in Americans with Disability Act,Coronavirus,
COVID-19,
EEOC, Health &
Safety,
OSHA, Vaccine
and Vaccination
On
May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) announced that fully vaccinated individuals no longer need to wear a mask or practice social distancing in any setting. Specifically, fully vaccinated people can now: * Resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplaceguidance;
* Resume domestic travel and refrain from testing before or after travel or self-quarantine after travel; * Refrain from testing before leaving the United States for international travel (unless required by the destination) and refrain from self-quarantine after arriving back in the United States; * Refrain from testing following a known exposure, if asymptomatic, with some exceptions for specific settings; * Refrain from quarantine following a known exposure ifasymptomatic; and
* Refrain from routine screening testing if feasible. In general, people are considered fully vaccinated: * Two weeks after their second dose in a 2-dose series, such as the Pfizer or Moderna vaccines, or * Two weeks after a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine.Continue Reading
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HANDLING GRIEVANCES WEBINAR FOLLOW-UP QUESTIONS, PART 7 (UK)By David Whincup
on
May 17, 2021 Posted in Dismissal,DSAR,
Grievance,
Litigation,
Misconduct
To conclude our series dealing with questions raised at our Handling Grievances webinar in April, here are our thoughts on three last queries around how events at grievance and investigation meetings arerecorded.
* IF THE INDIVIDUAL STATES THEY WANT TO RECORD THE MEETING, ARE WEABLE TO SAY NO?
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Tags: covert recording,disclosure,
dismissal,
DSAR, employment
tribunal,
grievance,
litigation,
misconduct,
witness
COVID-19 AND UK IMMIGRATION: HOME OFFICE EXTENDS ADJUSTED RIGHT TOWORK CHECKS
By Royce Clemente on May 14, 2021 Posted in ImmigrationFollowing our blog
a few weeks ago, the Home Office has this week confirmed that the ability to carry out adjusted right to work checks will now remain in place until 20 June 2021 (inclusive). The temporary measures introduced from 30 March last year have meant that instead of having to have sight of original right to work documents, employers have been able to: * ask the candidate or employee to submit a scanned copy or a photo of their original documents via email or using a mobile app (rather than their viewing the physical originals); and * on a video call with the candidate or employee, ask them to hold up the original documents to the camera and check them against the digital copy of the documents, record the date on which the check was done and mark it as “_Adjusted check undertaken on due toCOVID-19_”.
When the Home Office announced in April that the temporary measures would end on 16 May, there was widespread concern amongst employers, given that many organisations do not expect to return to the office until at least 21 June, the earliest likely date for withdrawal of the Government’s “WFH if you can” advice. The Home Office has said that the extension is aligned with the easing of lockdown restrictions and social distancing measures, as set out in the government’s roadmap for England and the devolved administrations.Continue Reading
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Tags: Biometric,
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Pandemic,
Passport,
Right to work
ACAS ISSUES SHORT ADVICE ON LONG COVID (UK)By David Whincup
on
May 14, 2021 Posted in Disability, Disability Discrimination,Dismissal,
Guidance,
Race discrimination,Sex Discrimination
Clearly a quiet week over at Acas Towers, judging by all the detailed advice and reasoned analysis which doesn’t feature in its new two-page guidance note on long Covid (also referred to in the guidance as “long-tail Covid”, which is the same but with more feathers). The main thrust of the guidance is notionally to address the question of whether long Covid is a disability for Equality Act purposes. Its debilitating effect in some cases is clear from press coverage, and the Acas guidance refers you through to some NHS information about symptoms which includes extreme fatigue, “brain-fog” (problems with memory and concentration), joint pain, insomnia, depression/anxiety, tinnitus and others. Some or all of these either alone or coupled with other lesser side-effects could certainly have the required substantial adverse effect upon normal activity. But is the complaint long term, in the sense that it has lasted or is expected to last for twelve months, or will reoccur over a person’slife?
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Tags: ACAS,
disability,
disability discrimination,dismissal,
Guidance, long
covid, nhs,
race discrimination,sex
discrimination
HANDLING GRIEVANCES WEBINAR FOLLOW-UP QUESTIONS, PART 6 (UK)By David Whincup
on
May 12, 2021 Posted in Events,Grievance,
Mediation
As nearly the last of our answers to queries raised at our Handling Grievances Webinar last month, here are two very important questions about how far HR can or should act as a neutral in the resolution of an employee grievance. 10. CAN YOU TRAIN AN HR PERSON TO BE A QUALIFIED MEDIATOR RATHER THANGO EXTERNAL?
11. IF SOMEONE IN HR IS THE GRIEVANCE MANAGER, THEN IS IT OK FOR THEM TO BEHAVE AS GRIEVANCE MANAGER AND HAVE AN OPINION?Continue Reading
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