Employment Update

Christmas gifts for clients

It is not unusual at this time of year to spread a bit of festive cheer by providing your clients with, or accepting from your clients, a token Christmas gift as a thank you for the continued support shown throughout the year. However, the acceptance or giving of third party gifts or corporate hospitality can raise issues regarding your/your client’s future impartiality and with the introduction of the Bribery Act (“Act”) in April next year, you should be careful not to give rise to the impression that you have been influenced by the gift/corporate hospitality received. It is good practice to remind staff in the run up to Christmas of your policy in respect of third party gifts/hospitality and, if appropriate, clearly explaining what is considered reasonable and/or excessive. The distinction between bribery and lavish corporate entertaining is blurred and the Act places the employer under an obligation to have in place adequate procedures designed to prevent its employees from undertaking any conduct which may fall foul of the Act for example.

Employers may wish to consider a Gifts and Hospitality Policy for introduction in the New Year.

Christmas Party and office gossip

A recent case illustrates the consequences of staff Christmas party when gossip is often extensive at the office the following day (Nixon v Ross Coates Solicitors and another). A constructive dismissal, sex and pregnancy discrimination and harassment claim was brought by a female employee after gossip about her pregnancy occurred at her place of work. The gossip was generated by events at the staff Christmas party when she was seen kissing another employee before going to a hotel room with him. Some time after she discovered that she was pregnant and informed her superior. Information about her pregnancy was somehow disclosed to her fellow employees who began speculating with about the child and suggesting it may have been as a result of the staff Christmas party. The EAT stated: "The gossip was about the paternity of her child. It stemmed from the night of the Christmas party... It is connected with pregnancy." Her unlawful treatment was found to amount to pregnancy-related and gender discrimination and harassment.

There’s no business like snow business!

The snow has once again managed to bring chaos to Britain resulting in many employees being unable to attend their workplace. The bad whether has emphasised the importance of having adequate robust plans in place and the need for flexibility from both the employee and the employer. We have provided the below guidance on how you can limit or minimise the effect that the snow is having on your business and its employees.

The legal position remains that if employees are unable to travel to their place of work due to adverse weather an employer can offer the employee the choice of unpaid leave or holiday if the employee has sufficient days holiday to take.

Employers could make it possible for employees to work from home ensuring that they have access to the necessary technology and resources to do this. However, if this is impracticable or impossible to facilitate home working, shift work, flexible time or allowing employees to make up lost hours through unpaid overtime at a later date could be considered. If you are likely to lose more money from having to close your business due to lack of staff than having to pay a little extra to those who are unable to use their normal form of transport, offering to pay the costs of alternative transport to and from work could be an alternative.

It is important to remember that any changes to an employee's terms and conditions of employment should first be agreed by the employee.

DTM LEGAL AND TURNER PEACHEY TEAM UP TO DELIVER SUCCESSFUL SEMINAR

DTM Legal, one of the North West’s leading law firms, working in conjunction with Shropshire based chartered accountants, Turner Peachey, has successfully delivered a free business seminar to more than 50 of the region’s SMEs. Held at Shrewsbury Town Football Club, the seminar focused on employment Law and outlined some of the most common problems faced by businesses as well as how to avoid related tax traps.

The event began with an introduction from Ed Barnes, partner at DTM Legal, followed by his colleague Paul Edwards, an associate at the firm, who discussed difficult issues encountered in Employment Law. The feedback from the evening highlighted that guests found the presentation extremely informative and that they had gained a better understanding of this area of law and how keeping up with legislation can prove to be crucial to business.

The second part of the event was presented by David Walker, director of tax at Turner Peachey, who discussed tax planning for employers and then Brian Benson, Director of Shrewsbury based Crown Wealth Management. who went into detail about regulatory requirements surrounding employer compulsory pension contributions.

A lively question and answer session rounded up the event which was led by Ian Morris, partner at Turner Peachey. Following the seminar, guests had a chance to network whilst enjoying a buffet and drinks.

Ed Barnes commented; “There were some very relevant and informative presentations which we believe were of real benefit to those who attended. We are looking forward to putting on similar events in the future as a way of illustrating our commitment to the area and support to local businesses in Shropshire.”

How do you like your eggs in the morning?

Well, if you’re like me, you’ll like them with an added twist. So why not come and join us at the next Place North West Cheshire West & Chester Development breakfast update? The breakfast event will be held at Bolesworth Estate in Tattenhall from 7.30am to 9am on 11 November.

The breakfast event is open to all and will consist of a couple of short presentations looking at the local rural economy and ways in which residents can overcome any potential challenges ahead or take advantage of the opportunities presented. There will also be the opportunity to listen to the latest development plans as well as meet the sponsors and speakers.

Speakers will include a senior representative from Cheshire West & Chester Council, as well as Rob Hindle, director of Rural Innovation, expert on rural matters and a consultant to Cheshire West & Chester Council, and Tom Lonsdale, of planning consultancy Placecraft and a CABE advisor.

DTM Legal is sponsoring the event and we will have experts from our property team on hand to answer any questions you may have. Amongst those attending from DTM Legal are Thomas Pearson and Peter Collins, who between then have nearly 60 years experience of working for a number of landed estates across Cheshire and North Wales. The pair lead a team that acts for land owners and tenant farmers providing legal advice relating to a range of subjects from land and farm sales to agricultural diversification and sporting rights. Peter is also an active member of the Agricultural Law Association.

Other sponsors who will have representatives on hand include; Pochin, Places Matter! and Marketing Projects. Following the event there will be the chance to tour Bolesworth Estate to see the premises at first hand.

This is the second in the series of four breakfasts being hosted by Place North West and Cheshire West & Chester Council and will be followed by events in Weaver Valley on 2 December and Ellesmere Port on 27 January. Watch this space for more updates.

More than 100 people attended the first in the series, held at HQ Chester earlier this month and a full write-up of the Chester development update will appear on Place North West shortly.

We hope to see you there for that added extra at breakfast. To register for the rural event, email dunstan@placenorthwest.co.uk.