In this issue we look at some of the key employment law developments that have taken place over the past month. In particular, we examine a recent unfair dismissal case involving employee covert surveillance in the workplace. We also look at how HMRC plans to tackle non-compliance with the new off-payroll working rules and consider the practical steps employers should be taking now. With Stress Awareness Month just around the corner, we also discuss how employers can promote and safeguard the mental wellbeing of their workplace and, lastly, we consider the risks associated with employers providing employees with access to financial advice.
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In the case of Northbay Pelagic Ltd v. Mr Colin Anderson, the EAT held that an employer had not been entitled to dismiss an employee who had set up covert surveillance in the workplace. In this case, the EAT also provided some much-welcomed guidance for employers on how best to gather and use evidence when conducting multiple, interconnected disciplinary processes involving different employees.
With the IR35 reform coming into force this April, HMRC has issued a policy paper reconfirming its promise to adopt a "light-touch approach" to ensuring compliance in its inaugural year, except in cases of suspected fraud or criminal behaviour. HMRC will support genuine attempts to comply with IR35 by allowing entities to correct mistakes and offering a year-long penalty holiday, but it will challenge deliberate non-compliance.
This article examines the prevalence of mental health issues in the workplace and the effect this has on employers and employees alike. Employers have a number of duties in relation to the health and safety of their staff, meaning that they need to be alive to potential mental health problems and take active steps to alleviate them. This involves creating a workplace culture where mental health is openly prioritised and discussed without stigma.
This article looks at the risks and the pitfalls to the employer of providing employees with access to financial advice, in particular when the employer pays for that advice, and the steps that employers can take to mitigate those risks.
Editor's top pick of the news this month.