The Xperthr Podcast

Darren Newman, employment lawyer, discusses the legal and practical considerations of managing annual leave during the coronavirus pandemic. Darren explores the law in this area, including the new right for certain employees to carry over their annual leave entitlement. He also discusses the extent to which employers are able to compel employees to take holiday at designated times, and an employer's right to postpone holiday requests.  

Jo Broadbent, counsel knowledge lawyer at Hogan Lovells, discusses what constitutes "work" under the Coronavirus Job Retention Scheme, and explores some of the common, tricky scenarios that employers face during periods of furlough including: communicating with employees; undertaking different types of training; conducting different types of HR process; and dealing with employees who may wish to work.

Louise Haycock, immigration solicitor and partner at law firm Fragomen, outlines what employers need to think about in relation to UK immigration requirements during the coronavirus (COVID-19) pandemic, and discusses the practical steps that organisations can take around compliance.

Darren Newman, employment lawyer, discusses how employers can manage disciplinary, grievance and performance management processes remotely during the coronavirus (COVID-19) crisis. Darren provides practical advice on some of the common challenges faced by HR and line managers, including issues relating to the postponement of processes, and how to ensure fairness when conducting a hearing remotely.

Mark Crail, content director at XpertHR, takes us through the findings of our two most recent surveys exploring how HR is dealing with the challenges thrown up by the coronavirus pandemic.

Max Winthrop, partner and head of the employment law team at Short, Richardson and Forth LLP, answers your questions on the impact of the coronavirus on your workforce, including latest guidance on the Coronavirus Job Retention Scheme, annual leave, short-time working and emergency volunteer leave.

Jo Broadbent, counsel knowledge lawyer at Hogan Lovells, discusses the right to parental bereavement leave.

Darren Newman, employment lawyer, discusses the Government guidance on the Coronavirus Job Retention Scheme and furloughing workers. Darren takes you through the key features of the scheme and discusses tricky issues, including the process of selecting employees to be furloughed.

Catriona Aldridge, senior associate at law firm CMS, outlines latest developments introduced as a result of the coronavirus (COVID-19) pandemic - including school closures and the Government's Coronavirus Job Retention Scheme and what these mean for employers.

Senior HR practice editor, Noelle Murphy, takes us through the latest findings from XpertHR's annual survey of HR roles and responsibilities. We discuss key metrics for the profession, including the ratio of HR practitioners to employees, budgets and priorities over the coming 12 months. We also discuss the impact of the coronavirus on planned priorities for the HR function.

Darren Newman joins us to discuss how employers can deal with the special circumstances created by the coronavirus (COVID-19), including the implications for statutory sick pay when an employee chooses to self-isolate and when the employer has to instruct an employee to self-isolate. 

Nick Chronias discusses the right to suspend employees pending a disciplinary investigation, including the issues to consider before, during and after a suspension.

Helen Rice-Birchall, principal associate in the human resources practice group at Eversheds Sutherland, joins us to outline the steps that employers need to take to fairly manage an employee experiencing symptoms of the menopause.

Emma O'Connor, senior associate at law firm Boyes Turner, discusses the legal and practical implications for employers of the recent employment tribunal case involving a philosophical belief in ethical veganism.

Which employment cases will have the biggest impact on HR in 2020? We assess the likely impact on employers of upcoming cases on: the national minimum wage, data protection, age discrimination, collective bargaining, and TUPE. The 2020 cases that we discuss pose the following questions: Are sleep-in care workers entitled to the national minimum wage while asleep? Can an employer be vicariously liable for the actions of a rogue employee who publishes the personal data of co-employees online? Is a public-sector employer looking to cut costs able to use the "absence of financial means" to justify a discriminatory pay policy? Are employers permitted to make direct pay offers to employees "over the heads of the union" when collective bargaining breaks down? Does TUPE protection extend beyond employees to cover gig economy workers?

Catriona Aldridge, Senior Associate at law firm CMS, joins us to discuss the legal and practical issues that employers need to think about in relation to equal pay.

How far should employers go in meeting their obligations to make reasonable adjustments for disabled workers? What does the law mean by "provision, criterion or practice"? What factors should employers take into account when deciding what adjustments to make? Drawing on examples from case law, we discuss some key do's and don'ts when making reasonable adjustments. In particular, we discuss how the duty extends to job applicants as well as current employees; the practicalities of making adjustments to internal policies and procedures; and the importance of keeping records of any adjustments made.

Should the same punishment be handed down to everyone when there are multiple culprits? Can an expired warning be taken into account? Can a disciplinary sanction be increased on appeal? We discuss some common dilemmas for employers when deciding on disciplinary penalties.

Kate Upcraft, payroll consultant and lecturer, joins us to discuss proposed reform of IR35 (intermediaries legislation) in the private sector that will have an impact on off-payroll working, and that is anticipated to take effect in April 2020. Kate explains what the new rules will mean for employers that engage consultants, and the practical steps that organisations will need to take to ensure compliance. Kate also discusses further changes that are anticipated for public-sector employers.

Nick Chronias, partner at DAC Beachcroft LLP, joins us to share his guidance on when you can take issue with an employee's use of social media, and the benefits of having a social media policy that reflects the needs and culture of your organisation.