The Xperthr Podcast

We shares some practical tips on how HR and employers can improve the working experience for neurodiverse employees and make the wider workforce more cognisant of some of the issues they experience.

If an employer dismisses for gross misconduct, what does this mean for an employee's contractual rights? Does a failure to pay notice pay, make an otherwise fair dismissal unfair? Max Winthrop, partner at Sintons LLP, joins us to answer these questions and more, drawing on his legal and practical expertise. Max also shares his thoughts on the potential for significant change to employment law under the Retained EU Law (Revocation and Reform) Bill.

Jen Rooney, disability inclusion specialist and founder of The Wellbeing tortoise, explores why employers need to understand and embrace the human case for reasonable adjustments to cultivate inclusive workplaces.

Nick Chronias, partner in DAC Beachcroft's employment and pensions group discusses the steps employers can take to avoid industrial action and what obligations employers have once a ballot for industrial action has been successful among employees who are members of a trade union.

Adrian Martin, head of the employment team at law firm Burges Salmon, discusses the tricky issues that can crop up when there are multiple contractors in a TUPE transfer, and how both outgoing and incoming employers can navigate these issues. Adrian takes you through the legal and practical issues involved in service provision changes, including: when and why TUPE might apply; the "fragmentation" of services; recent case law; and how HR can help to structure and shape the services to achieve the commercial objective.

Gemma Dale, HR professional and lecturer at Liverpool's John Moores University and author of the book "How to work remotely" published in June 2022, joins us to talk about progress to date with hybrid working. We cover challenges as well as emerging benefits - including dealing with reluctant returners, cultivating the right culture, building trust, and what HR should be advising senior leaders in terms of the way forward.

Bev Thorogood, menopause specialist trainer and coach, joins us to discuss how you can create and cultivate a workplace that is supportive of people experiencing the menopause transition. Bev discusses how managers can hold conversations with sensitivity and understanding, together with the steps and strategies they can use to support menopausal team members including: menopause-related initiatives; the role of policies; adjustments to working life; and tailored adjustment plans.

We outline the steps HR can take to embed authentic trust between people managers and employees and build psychological safety within workplaces.

Given that more staff now work from home, employers may be thinking about using surveillance software to help monitor staff conduct and productivity levels. But what are the legal implications of doing so and the best practice guidelines? And, just because you can monitor, does that mean you should?

Stephen Simpson, principal employment law editor here at XpertHR, joins us to talk about how employers that are operating under a hybrid working model must ensure that their sickness absence management procedures sit comfortably alongside their new working arrangements. We also present the findings of our latest sickness absence rates survey.

We discuss tricky issues that can arise when investigating allegations of improper conduct - such as sexual or racial harassment, bullying or discrimination - as well as some common mistakes and process points to have in mind, including issues relating to the role of HR and decision-makers.

Kate Pritchard, head of engagement and leadership at Tivian, joins us to talk about the significance of employee engagement as we are transitioning into the new world of work shaped by hybrid working, the great resignation, skills shortages and employee wellbeing. Kate also discusses changes in employee engagement and the key role that leaders need to play in driving engagement.

Max Winthrop, partner and head of the employment law team at Short, Richardson and Forth LLP, discusses the law and best practice around disability-related reasonable adjustments at disciplinary and grievance meetings including: the circumstances in which the duty arises; considerations relating to face-to-face and remote meetings; a worker's choice of companion; and the timing and rescheduling of meetings. Max also looks at two recent employment tribunal decisions, and reflects on how disability-related adjustments may become relevant in other contexts.

Uxshely Carcamo, a lawyer, psychotherapist and registered nutritionist and author at XpertHR, talks about the impact of the pandemic on mental wellbeing, the need to challenge the misconception that mental wellbeing is wholly mental ill health, potent

Noelle Murphy, senior HR practice editor at XpertHR, explores the findings from XpertHR's recent HR careers survey including the impact of the pandemic and hybrid working practices on HR professionals and discusses priorities and challenges on the HR agenda.

What are the employment law issues you need to know about when managing reluctant returners? Darren Newman, employment lawyer, guides you through the key legal considerations to have in mind when handling employees who are reluctant to return to the workplace following a period of remote working, including issues relating to: the contract of employment; custom and practice; vulnerable employees; employees who have relocated; flexible working; and a refusal to follow a reasonable instruction.

CEO of the CIPD Peter Cheese joins us to talk about his new book The New World of Work, which explores the many factors shaping work, workplaces, workforces and our working lives. Peter explores the principles around which we can build a future that is good for people, for business and for societies. Peter is the co-chair of the Flexible Working Taskforce, a partnership across government departments, business groups, trade unions and charities, whose aim is to increase the uptake of flexible working. Alongside this, he is the Chair of Engage for Success and the What Works Centre for Wellbeing.

Louise Haycock, partner and immigration solicitor at law firm Fragomen, joins us to discuss the challenges and opportunities of the post-Brexit immigration regime for employers, including the impact of the EU settlement scheme and right to work checks. Louise also explores how HR can use an effective immigration strategy to help with recruitment and retention issues, and highlights the key immigration changes and trends that we are expecting to see in 2022.

We highlight key cases due to be decided this year and discuss their impact on HR. These include cases on: vicarious liability, holiday pay, agency workers, age discrimination, and coronavirus-related health and safety cases. The 2022 cases that we discuss will decide the following questions: When is an employer vicariously liable for its employees' actions? How should employers calculate holiday pay for term-time workers? How far does the scope of the Agency Workers Regulations extend? When can an employer justify a compulsory retirement age? Can unpaid holiday that has been taken be carried over to the following leave year? Can it be fair for an employer to dismiss an employee who refuses to attend work for coronavirus-related health and safety concerns? We will also be reflecting on the key decisions from last year as well as looking forward to the employment law cases likely to emerge this year.

Adrian Martin, head of the employment team at law firm Burges Salmon, shares his top tips on some tricky legal issues that can arise in the recruitment process relating to: managers making unauthorised promises to candidates; remote working arrangements; inducing a breach of restrictive covenants; and flexing the length of probationary periods.