The Work Couch

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

The topic of workplace sexual harassment continues to feature in today's headlines: from NHS staff reporting 20,000 alleged incidents of sexual misconduct by patients in the last five years, to recent research by the TUC that found more women had experienced sexual harassment at work, than those who had not.

So how do employers ensure they deal with allegations effectively? What should they avoid saying at the outset of an investigation? How should they approach their obligations towards the accused harasser?

Ellie Gelder talks to employment law expert Macaela Joyes about:

• Where the law draws the line on workplace "banter";
• How tribunals have approached cases where the claimant has appeared to "go along with" sexualised jokes, or initiated banter as a coping mechanism;
• Five general principles to guide employers when dealing with an allegation of sexual harassment;
• Ensuring impartiality where either the alleged victim or alleged perpetrator is a senior employee; and
• Dealing with complaints involving a criminal investigation by the police, and how to balance your obligations as an employer.

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.

Following last week's announcement by the government of its plans to limit the extent of non-compete post-termination restrictions, we take a look at the proposals as well as how the current law protects businesses when a senior executive leaves.

Patrick Brodie, partner and head of RPC's employment, equality and engagement team, explains how restrictive covenants work in practice, including:

• An overview of the restraint of trade doctrine and how the approach by UK courts has evolved over time;
• Whether restrictive covenants should still exist in today's economy;
• How other countries approach restraints of trade;
• The various types of post-termination restriction and how they operate;
• How long restrictive covenants can remain effective;
• Enforceability and associated tactics;
• "Blue pencilling", which refers to the deletion of words to make a restriction enforceable, and the Supreme Court's ground-breaking decision in Tillman v Egon Zehnder; and
• How to manage the departure of a senior executive, where there is a potential breach of a post-termination restriction.

* Please note these podcasts will not run on Internet Explorer

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.

Since the pandemic prompted a major shift in how, when and where people work, the ability to work flexibly is now a key driver for recruitment and retention. The Government has confirmed its intention to make the right to request flexible working a "day one" default right, while a growing number of businesses have trialled and opted to implement permanently a four-day working week - with no loss of pay.

But how can businesses make flexible working work for their unique needs? What are the factors to bear in mind from a legal and practical perspective? And what changes to the law can we expect to see?

To guide us through this topic, Ellie Gelder talks to two employment law experts, Victoria Othen and Kelly Thomson, about:

• Various forms of flexible working;
• The current law on eligibility and employer obligations;
• Potential legal claims relating to how the employer handles a request;
• Addressing worker productivity concerns;
• Expected changes to the law on the right to request flexible working;
• Kelly and Victoria's personal experiences of working flexibly and the impact it has had on their careers;
• The global pilot scheme for businesses to introduce a four-day working week with no loss of pay for employees; and
• How to manage the risks of flexible working unintentionally excluding others.

* Please note these podcasts will not run on Internet Explorer

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 recognition of April being sexual assault awareness month in Australia, we decided to devote our fourth episode to the topic of workplace sexual harassment at work. Teaming up with our TerraLex partner firm Lander & Rogers, we take a look at how the relevant employment law protections in the UK and Australia measure up.

Ellie Gelder talks to two employment law experts on either side of the world, Aaron Goonrey and Kelly Thomson, about:

• The legal definitions of sexual harassment in Australia and the UK;
• Work parties and sexual harassment since the pandemic;
• Dealing with banter and jokes at work;
• Changes to the law on sexual harassment in Australia, following the enactment of the Respect at Work Act 2022;
• The role of psychological safety;
• Third-party harassment and proposed changes to UK law;
• Intersectional challenges and considerations;
• The role of active allyship; and
• Key takeaways for employers dealing with sexual harassment allegations.

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 our third episode and part one of our mini-series on TUPE (transfer of undertakings and protection of employment), we explore why TUPE matters to businesses and their people; the circumstances in which a TUPE transfer can arise; and how the law protects employees who are affected by a business transfer.

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

• What TUPE means and its fundamental purpose;
• The types of business transfer that will come within the scope of the law on TUPE and how to identify a "relevant" transfer;
• How TUPE applies to service provision changes, including outsourcing and insourcing;
• Potential liabilities where TUPE obligations are breached and areas for dispute;
• The practicalities of engaging with the workforce and the importance of timing; and
• The extent to which Brexit may impact on EU-derived TUPE legislation.

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 our second episode, we lift the lid on how the cost of living crisis is affecting diversity, equity, inclusion and belonging (DEIB); the red flags employers should look out for; and the practical steps organisations can take to help alleviate the impact of the economic crisis for their workforce.

Ellie Gelder talks to partner, and recently named WIPL Ally of the Year 2023, Kelly Thomson about:

• The unique, and often hidden, financial challenges faced by different communities, including people with disabilities and the LGBTQ+ community;
• Spotting the signs of financial hardship that might be affecting a person's ability to work effectively or their mental wellbeing, and red flags to watch out for;
• Intersectional challenges to bear in mind;
• Practical steps businesses can take to support affected employees; and
• How the cost of living crisis is a key opportunity to ensure DEIB is baked into your organisation's DNA.

All information is correct at the time of recording. Please note that this podcast was recorded before the UK Government's Spring 2023 budget. 

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, the podcast that covers everything employment.

In celebration of International Women's Day, we have chosen to devote our first episode to menopause in the workplace and how the law currently protects affected employees.  

We also hear first-hand from one of our RPC colleagues about how the menopause has impacted her at work, the challenges she faced, and the support that she has found most helpful.

Ellie Gelder talks to discrimination law guru and part-time employment judge Victoria Othen and head of Resolve and member of RPC's menopause working group Lesley Hannah about:

• What we mean by peri-menopause and menopause;
• Why the current law does not always protect employees who experience discrimination because of their menopausal symptoms;
• Intersectional nuances and how the menopause affects some communities very differently from others;
• The Government's recent rejection to calls to make the menopause a protected characteristic;
• Practical steps businesses can take to support affected employees;
• How RPC has implemented its own package of support measures.

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.