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Hello!
Hello!
Welcome to the October edition of InView
Welcome to the October edition of InView
This month, new restrictions on the use of confidentiality provisions under the Victims and Prisoners Act 2024 have come into effect. We explore what these changes mean for HR and legal teams, and how to stay compliant.
We also look at the case of Argence-Lafon v Ark Syndicate Management, which reinforces the principle that whistleblowing protections are designed to encourage openness not to shield employees from legitimate management action.
We share practical insights on managing probationary periods, including the most common pitfalls and how to avoid them.
Finally, we focus on redundancy, restructures, and the importance of exploring suitable alternative employment, critical themes in today’s evolving workplace landscape.
Read on to find out more.
Until next month, Jen
We also look at the case of Argence-Lafon v Ark Syndicate Management, which reinforces the principle that whistleblowing protections are designed to encourage openness not to shield employees from legitimate management action.
We share practical insights on managing probationary periods, including the most common pitfalls and how to avoid them.
Finally, we focus on redundancy, restructures, and the importance of exploring suitable alternative employment, critical themes in today’s evolving workplace landscape.
Read on to find out more.
Until next month, Jen
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New Case Law
New Case Law
Employer liability for acts of harassment: what HR need to know
A recent tribunal decision has widened the scope of when an employer can be held responsible for harassment by staff even if the conduct happens outside the workplace. The key question is how far “in the course of employment” really goes, you can find more information in our latest factsheet.
Interviewer who appointed employee to role because she ‘vibed’ with her did not discriminate against the unsuccessful applicant
How far can “team fit” go in recruitment before it becomes risky? A recent case involving a hiring decision based on who the interviewer “vibed” with offers a useful reminder for employers to tread carefully when personality plays a part in selection.
Whistleblowing did not give employee carte blanche to behave disruptively
The case of Argence-Lafon v Ark Syndicate Management reminds employers that while whistleblowers are legally protected, that protection has limits. An employee’s whistleblowing status doesn’t excuse poor conduct or refusal to cooperate with management.
Why employers should be careful before blindly relying on spyware data to discipline employees
As remote and hybrid working continue to evolve, more organisations are turning to monitoring software to track productivity. But the recent case of Lanuszka v Accountancy MK Services shows how dangerous it can be to rely on data alone when making disciplinary decisions.
United supporter working at Manchester City stadium scores ‘own goal’ with football shirt
A temporary worker serving drinks at Manchester City’s Etihad Stadium made headlines after wearing a Manchester United shirt on shift during the derby. Cue outrage, social media posts and immediate action from his employer.
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Upcoming Legal Changes
Upcoming Legal Changes
Government makes changes to its proposed ‘ban’ on Fire and Rehire under the Employment Rights Bill
Government makes changes to its proposed ‘ban’ on Fire and Rehire under the Employment Rights Bill
The Government has softened its proposed crackdown on “fire and rehire.” While the outright ban has been watered down, the new rules still make it an option only for businesses in genuine financial difficulty when considering making changes to main terms and conditions.
The net is tightening on NDAs: new restrictions in force from 1st October 2025
From October 2025, new legal limits will tighten employers use of non-disclosure provisions, affecting confidentiality clauses commonly used in settlement agreements. The aim is to stop NDAs being used to silence victims and cover up misconduct. This requires a careful review of standard HR templates.
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HR Practice & Process
HR Practice & Process
Top tips for Probationary Periods
Top tips for Probationary Periods
Probationary periods can be a powerful tool for managing new hires but only if they’re set up and used correctly. From the right contractual clause to timing your decisions carefully, the details make all the difference.
Redundancy and alternative employment
When redundancy situations arise it’s not just about consultation and selection, exploring alternative employment is a key step in ensuring fairness. Employers must show they’ve genuinely looked for and offered available roles, not just those that seem similar
Where restructuring meets redundancy: Understanding the legal risks
Where restructuring meets redundancy: Understanding the legal risks
Redundancy and restructuring often go hand-in-hand. For HR, it is important to identify when a restructure involves a redundancy situation in law, as using the wrong label can create costly risks.
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Events & Training
Events & Training
Handling Harassment Outside of Work
Handling Harassment Outside of Work
How do you handle harassment cases that occur outside the office?
Employers can be held liable for the discriminatory actions of their staff. But what if harassment happens outside working hours or off work premises? A recent case has offered some clarity.
Employers can be held liable for the discriminatory actions of their staff. But what if harassment happens outside working hours or off work premises? A recent case has offered some clarity.
Redundancy - How to Enable a Smooth Running Process
Redundancy - How to Enable a Smooth Running Process
Our Managing Redundancy workshop is bespoke to your organisation, designed to help you navigate the legal complexities of managing a redundancy situation. The session explores the legal framework relating to collective and individual consultation, selection pools, selection criteria and the termination process from the perspective of making the law work for us, rather than let it dictate what we do. Find an example running order below.
Effective Probations Factsheet
Effective Probations Factsheet
Make your probation process efficient and effective.
With the Employment Rights Bill coming into effect soon, it's more important than ever for employers to get probation periods right, with
upcoming legal changes altering the rights of both the employer and employee significantly.
Our fact sheet will help provide a clear understanding of what's changing, how employers can avoid the legal pitfalls that may arise during probation and how they can prepare for the ERB.
With the Employment Rights Bill coming into effect soon, it's more important than ever for employers to get probation periods right, with
upcoming legal changes altering the rights of both the employer and employee significantly.
Our fact sheet will help provide a clear understanding of what's changing, how employers can avoid the legal pitfalls that may arise during probation and how they can prepare for the ERB.
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