BIG INTERVIEW
EMPLOYERS LEARN THE NEW LETTERS OF THE LAW Employment law and its application during the exigencies of the pandemic have been the main source of enquiries made to experts MFG Solicitors of late. BY HELEN COMPSON The rules governing home-working, the related responsibilities around mental health, vaccination and now the IR35 regulations, regarding off-payroll working, that came into effect on April 6 are the subjects employers most want to talk about, said Sally Morris. Partner and head of the employment division of a firm that advises businesses on a wide range of corporate and commercial issues across Worcestershire, Shropshire and the West Midlands, she said the past few months had certainly tested employers’ mettle. “Take working from home, there are significant implications in terms of how staff are managed, dealing with appraisals and establishing what new working hours might look like,” she said. “Are people at
their desks from 9 to 5 or is there more flexibility now? “And then, of course, there’s health and safety. How will that be monitored, because employers still have to carry out assessments, even for those working from home.” Homeworking was clearly here to stay and the sooner managers dealt with the practical issues involved the better. That included updating contracts of employment to reflect the new conditions, such as place and hours of work; taking steps to protect confidential information and personal data; reviewing health and safety measures and carrying out risk assessments; identifying any specific equipment that needed to be provided; considering whether any special planning or insurance arrangements were required; deciding how to manage and supervise homeworkers; and identifying the tax consequences. Sally said: “It is likely with the pandemic that companies will see an increase in applications for flexible working and, as employees have been working from home, it might prove difficult to decline some of them.
It is likely with the pandemic that companies will see an increase in applications for flexible working and, as employees have been working from home, it might prove difficult to decline some of them.
“Companies would need to ensure that any refusal was made on at least one of the eight grounds outlined in law.” It was important to ensure fairness and to avoid any potential issues of discrimination while dealing with such applications, and businesses had to take particular care when a number were received at once from different employees. While all companies knew they were obliged to provide a safe working environment, some had taken their time in realising that included employees’ mental health too. “During Covid-19, companies have been required to carry out risk assessments in relation to mental health,” she said. “This can include stress audits, whereby managers need to identify risk factors. “They should identify who might be harmed and how, gauge the level of risk and then develop a solution. Importantly, they must record their findings as they are doing so and then monitor and review the subsequent action plan they draw up. “Companies must tackle the causes of work-related mental ill health, especially in the circumstances arising from Covid-19, and really they should consider appointing and training mental health first aiders.” MFG staff have themselves been working from home since last March. Good
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