Dentons

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: the use of "fire and rehire" tactics; what a return to the workplace might look like in Scotland; what employers can do to tackle sexual harassment when employees work remotely and the recent determination by the Pensions Ombudsman in Miss Y (PO-23113) about a failure to enrol an employee automatically.

"Fire and rehire" under scrutiny

United Kingdom: "Fire and rehire" has come under scrutiny recently as its use has become more prevalent with the pandemic. Earlier this month, ACAS released its report into dismissal and re-engagement following a request from the government. The report itself does not come to any clear conclusions or recommendations. However, it does propose several legislative and non-legislative options to constrain the use of the practice.

Returning to work in Scotland: considerations for employers

United Kingdom: As COVID-19 restrictions continue to ease across Scotland, a recurring question, and indeed challenge, is what a return to the office will look like. On 22 June 2021, the Scottish Government published its updated COVID-19 Strategic Framework, which sets out the Scottish Government's approach to a move beyond Level 0. With that backdrop, we consider the implications and questions for employers when formulating their return to work plan.

Sexual harassment in the workplace

United Kingdom: Working from home, as a result of the pandemic, has unfortunately not removed potential exposure to sexual harassment. However, it has caused harassers to change their approach to exploit their new online environment. Sexual harassment has been brought into the spotlight recently, as the Generation Equality Forum has launched new gender equality commitments.

Auto-enrolment: know your tiers – the Pensions Ombudsman determination in Miss Y (PO-23113)

United Kingdom: In a recent determination, the Pensions Ombudsman upheld a complaint against an employer for failing to automatically enrol an employee into a workplace pension plan at the required time because the employer applied an incorrect earnings basis to calculate contributions, and concluded that this amounted to maladministration.

Government releases a shared parental leave calculator

United Kingdom: The government has released a new online tool that will allow expectant parents to check their eligibility to use shared parental leave and calculate what payments they are entitled to if they are eligible.

UK People, Reward and Mobility Hub – blog posts

Editor's top pick of the news this month.

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