The Work Couch

Welcome to The Work Couch, RPC's podcast that covers everything employment.

In our feature-length Christmas special, we give you the download on 12 important employment law and HR development from the year of 2023. Essential listening for those of you who need to catch up on the many changes in the last 12 months.

Ellie Gelder is joined by Patrick Brodie, partner and head of RPC's Employment, Engagement and Equality team, Kelly Thomson, partner and RPC's ESG lead, Charlotte Reid, senior associate and Victoria Othen, consultant.

We discuss the following topics and explore the impact on employers, and the key actions to take. Please note the time stamps so you can easily navigate to the topics relevant to you:

1.    [2:14] Recovery of holiday underpayments and the Supreme Court's decision in Chief Constable of the Police Service of Northern Ireland and another v Agnew and others [2023] SC 33;

2.    [5:33] Increasing focus by HR and regulators on conduct in the workplace, following various high profile cases of toxic workplace culture and sexual misconduct in the workplace;

3.    [9:42] The potential repeal to the ban on employers using agency workers during strike action;

4.    [12:12] Changes to the law on flexible working requests;

5.    [16:00] Dealing with gender-critical beliefs and the EAT decision in Higgs v Farmor's School [2023] EAT 89;

6.    [20:58] Reforms to holiday pay calculations for part-time workers and those with irregular hours;

7.    [23:45] TUPE and changes to the rules on consultation with affected employees;

8.    [27:01] AI and its impact on the workforce;

9.    [32:43] Menopause support at work, and the case of Rooney v Leicester City Council;

10. [38:19] Dismissal and re-engagement and the incoming code of practice;

11. [43:19] Industrial action and minimum service levels; and

12.[47:03] Employment status and collective rights, and the recent Supreme Court decision in Independent Workers Union of Great Britain v Central Arbitration Committee and Roofoods Ltd t/a Deliveroo [2023] SC 43

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All information is correct at the time of recording. The Work Couch is not a substitute for legal advice. Opinions expressed by the speakers are their own and do not necessarily represent the views or opinions of RPC.

Hosted on Acast. See acast.com/privacy for more information.

Welcome to The Work Couch, RPC's podcast that covers everything employment.

As we mark Baby Loss Awareness Week, in part 2 of our mini-series on pregnancy loss, we look at the practical ways in which businesses can support their people who are affected by pregnancy loss.

With around 20 to 25% of all pregnancies sadly ending in miscarriage, we will either experience pregnancy loss ourselves or know someone who is affected. While everyone's experience is unique to them, pregnancy loss can adversely affect a person's physical and mental wellbeing and the return to work can be especially difficult.

So how can employers, managers and colleagues best support people affected by pregnancy loss? Ellie Gelder talks to Vicki Robinson, deputy director at The Miscarriage Association, about:

What the term "miscarriage" means and the different types of pregnancy loss;

• Recognising the impact on non-child bearing partners and those who were expecting a baby via a surrogate;
• Progress of The Miscarriage Leave Bill;
• Why support at work is so important;
• How to help someone who is starting to experience a loss at the workplace;
• The impact on mental health;
• Practical measures to support people, including signing up to The Miscarriage Association's Pregnancy Loss Pledge; and
• The key dos and don'ts of pregnancy loss support.

If you would like to find out more about pregnancy loss, you can access further guidance and support from The Miscarriage Association, Tommy’s Miscarriage Information and Support or Antenatal Results and Choices.

References

1. Miscarriage and ectopic pregnancy may trigger long-term post-traumatic stress (2020 article by Imperial College London reporting on research published in American Journal of Obstetrics and Gynaecology)

All information is correct at the time of recording.

The Work Couch is not a substitute for legal advice. Opinions expressed by the speakers are their own and do not necessarily represent the views or opinions of RPC.

Hosted on Acast. See acast.com/privacy for more information.

Welcome to The Work Couch, RPC's podcast that covers everything employment.

However well-planned your redundancy process is, there are a number of issues that can really throw a spanner in the works: from employees submitting grievances or making data subject access requests, to historical underperformance issues that haven’t been dealt with properly.

So how do employers tackle these thorny issues?

Ellie Gelder talks to Charlotte Bray, associate in RPC's Employment, Engagement and Equality team, about:

• How the law defines a "genuine" redundancy situation and why the legal definition is so important;
• What a fair redundancy procedure looks like;
• Collective redundancy consultation obligations;
• Discrimination risks, whistleblowing and legacy rights;
• Dealing with data subject access requests submitted during the redundancy process;
• A hypothetical scenario involving an underperforming employee who is selected for redundancy: What are the red flags? What should the employer have done differently?
• Protecting people's wellbeing throughout a redundancy process and bearing in mind the potential impact on mental health; and
• Key practical takeaways for employers embarking on a redundancy process.

All information is correct at the time of recording.

The Work Couch is not a substitute for legal advice. Opinions expressed by the speakers are their own and do not necessarily represent the views or opinions of RPC.

Hosted on Acast. See acast.com/privacy for more information.

Welcome to The Work Couch, RPC's podcast that covers everything employment.

We will all, unfortunately, experience bereavement at some stage in our lives, but how does this impact our working lives and what can employers do to support colleagues who have lost a loved one?

Ellie Gelder is joined by Rosie Gill-Moss, host of the WidowedAF podcast, and Victoria Othen, consultant at RPC and part-time employment judge, to discuss:

·      Rosie's own experience of becoming a widow at a young age and the impact on her wellbeing;

·      What grief looks like and the fact that grieving is not a linear process;

·      The practicalities of "death admin" and how employers can help bereaved employees manage the practical tasks when someone dies;

·      What to say, and what not to say, to someone on their return to work following their bereavement;

·      The importance of recognising that a person's caring responsibilities may have increased as a result of the bereavement; and

·      What the law says about time off for different types of bereavement, including: compassionate leave, parental bereavement leave, and whether such time off is paid or unpaid.

To access further support on grief and bereavement you may wish to visit: Cruse Bereavement Support, At a Loss, The Good Grief Trust, Widowed and Young, Holding On Letting Go, and the Government's Tell Us Once service.

All information is correct at the time of recording.

The Work Couch is not a substitute for legal advice. Opinions expressed by the speakers are their own and do not necessarily represent the views or opinions of RPC.



Hosted on Acast. See acast.com/privacy for more information.

Welcome to The Work Couch, RPC's podcast that covers everything employment.

Since the pandemic prompted a major shift in how we work, there have been growing calls to boost the support for employees who are balancing work with their caring commitments. So what reforms might we see in the near future?

Ellie Gelder is joined by Joanna Holford, senior associate at RPC, to discuss potential changes to the law around time off and other important protections for parents, surrogates and carers. Jo explains what's in the pipeline for:

·       statutory paternity leave;

·       statutory shared parental leave;

·       time off and pay for surrogates and employees expecting babies born via a surrogate;

·       redundancy protection for pregnant employees and those returning from maternity leave;

·       neonatal leave and pay; and

·       carers' leave.

Jo also highlights how these proposals could bring benefits to employers, as well as employees.

All information is correct at the time of recording.

The Work Couch is not a substitute for legal advice. Opinions expressed by the speakers are their own and do not necessarily represent the views or opinions of RPC.

Hosted on Acast. See acast.com/privacy for more information.

Welcome to The Work Couch, RPC's podcast that covers everything employment.

In part 2 of our series on fertility challenges and work, Ellie Gelder is joined once again by partner Jonathan Crompton in RPC's Hong Kong office to explain how businesses can implement effective support for employees who are experiencing fertility challenges. Jonathan discusses:

• The importance of actively implementing and communicating policies on fertility treatment and pregnancy loss, ensuring language and terminology used is sensitive and inclusive;
• Signposting employees to external resources for further support and information;
• Encouraging conversations at work to remove the stigma around fertility and raise awareness across the whole workforce;
• Arranging access to a fertility coach to guide employees on their fertility journeys and provide advice and information;
• Appointing internal fertility officers, who have themselves experienced fertility challenges, to provide employees with confidential support and advice on practical issues, such as requesting time off and who needs to know what; and
• The dos and don’ts of what to say to a colleague who has experienced pregnancy loss or fertility challenges.

If you would like to find out more about fertility issues or pregnancy loss, you can access further guidance and support from Fertility Network UK, The Miscarriage Association or Tommy’s Miscarriage Information and Support. For support and information on endometriosis, please visit Endometriosis UK.

All information is correct at the time of recording.

The Work Couch is not a substitute for legal advice. Opinions expressed by the speakers are their own and do not necessarily represent the views or opinions of RPC.

Hosted on Acast. See acast.com/privacy for more information.

Welcome to The Work Couch, RPC's podcast that covers everything employment.

With the World Health Organisation reporting that around 17.5% of the adult population experience infertility, this week we are shining a light on those challenges and in particular, how fertility issues can affect someone at work and what businesses can do to support people.

In part 1 of our series on fertility challenges and work, Ellie Gelder is joined by partner Jonathan Crompton in RPC's Hong Kong office to explore the impact that fertility issues can have on a person's wellbeing and working life. Jonathan explains:

• His own fertility journey and how this has affected his wellbeing and working life as a lawyer;
• How fertility challenges and pregnancy loss can impact the non-childbearing partner;
• Why, according to research by Fertility Family, more men than women would rather call in sick than tell their employer they're going to a fertility appointment;
• Changing the language and terminology around fertility so that it is not perceived as something "elective" or a "women-only" issue;
• The importance of vulnerability, especially among business leaders, in opening up the conversation around fertility; and
• How the legal profession, and others, should raise awareness of the issue across their workforce and enable a better understanding of the risks of delaying starting a family.

In part 2 next week, Jonathan will explain how businesses can implement effective support for people affected by fertility challenges, including: fertility treatment policies, providing fertility coaches to help people navigate their fertility journeys, and appointing internal "fertility officers" as a source of support and advice for colleagues.

If you would like to find out more about fertility issues or pregnancy loss, you can access further guidance and support from Fertility Network UK, The Miscarriage Association or Tommy’s Miscarriage Information and Support. For support and information on endometriosis, please visit Endometriosis UK.

All information is correct at the time of recording.

The Work Couch is not a substitute for legal advice. Opinions expressed by the speakers are their own and do not necessarily represent the views or opinions of RPC.

Hosted on Acast. See acast.com/privacy for more information.

Welcome to The Work Couch, RPC's recently launched podcast that covers everything employment.

In the second part of our mini-series on business protection, we explore how businesses can support and retain their senior talent. Ellie Gelder is joined by two age inclusion champions: Liz Gray, who heads up EY’s support for retiring partners, and Simon Long, growth director at 55 Redefined, an organisation that supports the over 50s and advocates for age diversity, positivity and inclusion across all areas of life. They discuss:

• The business case for age inclusion, in particular for those aged over 50;
• How EY is supporting its partners well before their retirement to explore other opportunities, including mentoring the next generation, getting involved with charitable causes, or broadening their hobbies and passions outside work;
• Simon's personal experience of age exclusion, the impact on his wellbeing and how 55 Redefined is helping businesses to become age inclusive employers;
• Gaining buy-in from senior stakeholders to embed an age-friendly approach and raising awareness through lived experiences, data and mentoring;
• The importance of flexibility in achieving an intergenerational workforce;
• How AI will affect age inclusion in the future and the opportunities it presents; and
• Challenges and opportunities for the legal sector in adopting an age-inclusive approach.

All information is correct at the time of recording.

The Work Couch is not a substitute for legal advice. Opinions expressed by the speakers are their own and do not necessarily represent the views or opinions of RPC.

Hosted on Acast. See acast.com/privacy for more information.

Welcome to The Work Couch, RPC's recently launched podcast that covers everything employment.

In part two of our mini-series on TUPE (transfer of undertakings and protection of employment), we explore the TUPE journey itself, including the practicalities of the due diligence exercise, as well as the obligation to inform and consult with affected employees. We also provide our "golden rules" on how to engage effectively with those people who are affected by a TUPE transfer.

Ellie Gelder talks to RPC's resident TUPE experts Patrick Brodie and Kelly Thomson about:

• What employee liability information must be provided to the transferee, and when;
• Informing and consulting affected employees in a sensitive, reasonable and sympathetic way;
• When transferors can consult directly with individual employees, rather than employee representatives;
• The government's proposal, as part of its policy paper "Smarter Regulation to Grow the Economy", to remove the current requirement to elect employee representatives for certain qualifying transfers;
• Consequences of failing to inform and consult and associated liabilities; and
• How the obligation to inform and consult on a TUPE transfer interacts with any related collective redundancy consultation obligations.

All information is correct at the time of recording.

The Work Couch is not a substitute for legal advice. Opinions expressed by the speakers are their own and do not necessarily represent the views or opinions of RPC.

Hosted on Acast. See acast.com/privacy for more information.

Welcome to The Work Couch, RPC's recently launched podcast that covers everything employment.

With around 20 to 25% of all pregnancies sadly ending in miscarriage, we will either experience pregnancy loss ourselves or know someone who is affected. While everyone's experience is unique, people commonly report feelings of shock, grief and isolation which can be further compounded by work worries, for example how to tell their manager, or how much leave they are entitled to. These worries can adversely impact the affected employee's physical and mental wellbeing, work performance and morale.

So how does the law currently protect employees who experience pregnancy loss - and does it reflect expected work cultures? Ellie Gelder talks to employment law experts Charlotte Reid, senior associate at RPC, and Eleena Misra KC of Old Square Chambers about:

• Why pregnancy loss is such an important topic for employers;
• Charlotte's own experience of miscarriage and how it affected her at work;
• How the right to time off differs depending on the timing of the loss;
• The perspective of non-child-bearing partners;
• What legislative changes we might see on the horizon, specifically the progress of The Miscarriage Leave Bill; and
• Practical issues that might arise and how managers can deal with these sensitively and supportively.

If you would like to find out more about pregnancy loss, you can access further guidance and support from The Miscarriage Association or Tommy’s Miscarriage Information and Support.

All information is correct at the time of recording.

The Work Couch is not a substitute for legal advice. Opinions expressed by the speakers are their own and do not necessarily represent the views or opinions of RPC.

Hosted on Acast. See acast.com/privacy for more information.