HR Law

There can be a fine line between innocent camaraderie and something that crosses that line into bullying and harassment. The introduction in October 2024 of an active duty on employers to take reasonable steps to prevent sexual harassment of their employees, means that measures will have to be put in place to ensure that harassment does not occur. It also provides a good opportunity to review existing policies and procedures.

We have a banter and harassment toolkit which can help you tackle harassment in the workplace and make you aware of the pitfalls of failing to do so.

Our toolkit includes the following services, all of which can be offered for fixed fees. 

Please contact us to discuss in more detail how we can support you.

Template documents

It's sensible to start with good documents to reduce the risk of potential discrimination claims. We can provide you with a template equal opportunities policy and an anti-harassment and bullying policy, or review your existing template documents.

Advice on bullying and harassment

There are various things to take into consideration when it comes to tackling bullying and harassment. We can advise you on matters such as:

• The extent of your liability for the actions of your employees;
• When to investigate and whether complaints should be dealt with as grievances or whistleblowing complaints; 
• How to handle complaints of sexual harassment;
• Whether the harassment amounts to criminal behaviour;Whether there are any reporting requirements to your Regulator.

Skillsboosters on how to stop banter becoming bullying and harassment

We can deliver interactive skillsbooster training to your managers on how to stop banter becoming bullying and harassment. We find this gives confidence and guidance to those dealing with workplace banter, whether they are new to it or wanting a refresh. We cover:

• An overview of what banter and bullying and harassment are;
• The reasons why it's important to tackle harassment and how to do so;
• How to change a culture of banter; and
• Our tips for what to do, what not to do, and how to ensure that banter doesn't become harassment.

We can also provide training to your general workforce on bullying and harassment, covering: what is and isn't acceptable; why some forms of banter can be harmful; and what to do if they experience or witness bullying and harassment.

We find that this kind of training is one of the most effective ways to prevent harassment in the workplace. Plus, keeping your training offering fresh can help protect from liability for the actions of your employees.

We also offer additional skillsbooster sessions on connected processes such as managing disciplinaries, managing grievances, conducting investigations, managing difficult conversations, managing social media in the workplace and incorporating equality, diversity and inclusivity into your organisation.  

For more information and to book in one of our skillsbooster session please contact DFletcher@trowers.com or HMcKinder@trowers.com

As an Employer of the Future you need to evolve and adapt. This may mean changing terms and conditions, perhaps as part of an organisational review involving a restructure or following a TUPE transfer. 

Our changing terms and conditions toolkit includes the following services, all of which can be offered for fixed fees.

Please contact us to discuss your plans and how we can support you.

Advice on what is contractual

It's not always obvious whether the changes you want to make are actually contractual; if they're not it may be possible to implement them without a formal consultation exercise. We can review your proposals and identify whether there are any changes that can be made without consultation or otherwise advise you on the process to take.

Template consultation documents

It's a great idea to have the right documentation in place to ensure that the consultation process goes smoothly. We can provide you with a checklist and standard consultation letters tailored to your proposed changes. Alternatively we can review your existing template documents.

The business case

In order to successfully implement changes to terms and conditions it is important to put a watertight business case in place. Your overall strategy, the consultation required and its length, the equality and diversity implications of any changes, and whether any changes to pensions are planned (which may trigger different consultation requirements) are just a few of the things to take into consideration. For a fixed fee we can help you ensure that your business case is as robust as possible.

Strategic advice on consultation

The consultation process can be tricky and we can advise you on who you need to consult, how long for, and what to do if the employees and/or their representatives do not agree to the changes. For a fixed fee we can offer a meeting to discuss your strategy and give you the confidence to manage any complications which might arise.

Skillsboosters relating to business transformation

We can deliver, virtually or in person, interactive skillsbooster training to your managers on changing terms and conditions.  We find this gives confidence and guidance to those dealing with changes to the business, whether they are new to it or wanting a refresh on best practice. We can cover:

• Carrying out an effective consultation from start to finish;
• Our tips for what to do, and what not to do, and how to change terms and conditions with minimal risk.

We also offer additional skillsbooster sessions on connected processes, such as restructures, trade union recognition and consultation, and TUPE.

For more information and to book in one of our skillsbooster session please contact DFletcher@trowers.com or HMcKinder@trowers.com

As an Employer of the Future it's important to keep on top of legal changes and shifting expectations and ensure that these are reflected in your contracts and policies.

Our contracts and policies toolkit includes the following services, all of which can be offered for fixed fees.

Please contact us to discuss your plans and how we can support you.

Refresh your contracts

It's worth regularly checking your staff contracts to ensure that they are legally compliant. Over time, and after successive updates, contracts can become convoluted and old fashioned. We can produce new draft templates, written in plain English and incorporating all up-to-date law and best practice for a fixed fee.

You may want to consider taking a new approach and issue digital contracts that can be delivered online to new staff; this allows employers to deliver a welcome message to new employees as part of the onboarding process, as well as being fully compliant with contractual requirements. We've produced a digital contract that we can provide for a fixed fee.

Review your policies

The world of work is changing fast so it's never been a better time to check that your policies are still relevant. We can take a look at all your policies and help you streamline them, ensuring that you retain the essential parts but keep the policies concise. Alternatively we can give you new templates. 

All policies can be provided for a fixed fee.

Skillsboosters on policies

We can deliver, virtually or in person, interactive skillsbooster training to your managers on your updated policies. We find this gives confidence to those engaged in embedding any refreshed practices and new ways of working. We cover practical tips for:

• Implementing new procedures;
• How to deal with questions from staff; 
• Our top tips for what to do, and what not to do, and how to deal with any tricky issues which may emerge.

We also offer additional skillsbooster sessions on connected topics such as changing terms and conditions, TUPE, redundancies and restructures, agile working, understanding equality, diversity and inclusion, wellbeing, managing sickness absence and disabilities, and HR processes like conducting investigations, disciplinaries and grievances. If you feel your managers would benefit from any training, please get in touch.

For more information and to book in one of our skillsbooster session please contact DFletcher@trowers.com or HMcKinder@trowers.com

Being flexible and agile has never been more important for employers and technology has transformed the way that many of us work.

Our flexible working toolkit includes the following services, all of which can be offered for fixed fees.

Please contact us to discuss in more detail how we can support you.

There are various things to take into consideration when it comes to implementing flexible working.  We can advise you on matters such as:

• Changing contracts to reflect new working conditions;
• Health and safety obligations;
• Tax and insurance matters;
• Data protection and confidentiality issues; and
• Arrangements for effective employee supervision.

Template documents

It's a great idea to have the right documentation in place to ensure that your flexible working arrangements go smoothly.  We can provide you with a template flexible working policy and a flexible working checklist, or review your existing template documents.

Skillsboosters on flexible working

We can deliver, virtually or in person, interactive skillsbooster training to your managers on implementing flexible working.  We find this gives confidence and guidance to those dealing with flexible working arrangements, whether they are new to it or wanting a refresh. We cover:

• Dealing with flexible working requests;
• How to implement new working arrangements effectively
• Managing employees with flexible working patterns; and
• Our tips for what to do, and what not to do, and how to keep the arrangements working well for everyone.

We also offer additional skillsbooster sessions on connected processes such as changing terms and conditions, employee wellbeing, managing mental health, managing disciplinaries, managing grievances and managing difficult conversations.

Dealing with employees working from overseas

Some employees may want to set up flexible working arrangements where they base themselves overseas for some, if not all, of the time. This type of arrangement will require slightly different considerations as local employment laws and taxes may come into play. Please get in touch if we can help.

For more information and to book in one of our skillsbooster session please contact DFletcher@trowers.com or HMcKinder@trowers.com

As an Employer of the Future, you need to be prepared to deal with workplace investigations effectively, reasonably and promptly.

Our investigations toolkit includes the following services, all of which can be offered for fixed fees.

Please contact us to discuss in more detail how we can support you.

Advice on investigations

Investigations can sometimes be tricky. We can advise you on matters such as:

• the scope that an investigation should take;
• whether complaints should be dealt with as grievances, whistleblowing complaints, or informally;
• the wider impact of an investigation, such as advice on suspension, related disciplinary action, and the effect on the business;
• how to handle issues that might potentially derail or delay an investigation, such as employee sickness, criminal action and DSARs.

In contrast to HR advice, our legal advice is privileged and normally not disclosable in subject access requests or subsequent litigation.

Template investigation documents

It's a great idea to have the right documentation in place to ensure your investigations have a consistent structure. We can provide you with templates, or review your existing templates, including your template investigation report, suspension and invitation to investigation meeting letters.

Carrying out investigations on your behalf

Sometimes outsourcing an investigation is the best course of action, perhaps because you have numerous complaints, your resources are limited, or the matter is sensitive. We can help. Our team of trusted advisers have many years of experience in investigating and can ensure a robust investigation. We charge for the investigator's time at a daily rate depending on the complexity of the investigation.

Skillsboosters on conducting investigations

We can deliver, virtually or in person, interactive skillsbooster training to your managers on conducting workplace investigations. We find this gives confidence and guidance to those who carry out investigations, whether they are new to it or wanting a refresh. We use your policies to cover practical tips for:

• Conducting investigations, whether disciplinary or grievance, from start to finish;
• Our tips for what to do, and what not to do, and how to investigate fairly and reasonably.

We also offer additional skillsbooster sessions on connected processes, such as managing disciplinaries, managing grievances and managing difficult conversations.

Dealing with data subject access requests

We can support you with any subject access requests made in connection with investigations. We use artificial intelligence and specialist providers to help process and manage the subject access request to reduce the volume of documentation involved and streamline the entire process, resulting in reduced time and cost in complying with such requests. Please get in touch if we can help.

For more information and to book in one of our skillsbooster session please contact DFletcher@trowers.com or HMcKinder@trowers.com

If you're considering setting up as an employer in the UK as part of your investment strategy, this is the toolkit for you. Getting it right is essential and our award-winning Employment & Pensions team offer a commercial and pragmatic approach.

Our toolkit includes the following services, all of which can be offered for fixed fees. Please contact us to discuss your plans and how we can support you.

What you need to know before employing staff

Before you start employing staff there's certain information you will need. We can provide you with a high-level summary of UK employment rights so that you can meet your obligations as an employer. We can also provide you with advice on potential risks and issues you will need to be aware of.

Putting contracts in place

What needs to be included in your contracts of employment? There are a number of areas which contracts are legally required to cover, in addition to other things which we recommend. We can provide you with a standard template which we can then tailor to meet your requirements.

Policies

What about policies? There are some essential policies which you will have to put in place. These include policies dealing with grievances and disciplinaries as well as policies covering health and safety and sickness absence. In addition to these there are some best practice policies you may well wish to consider adopting. We can let you have standard documents and tailor them for you if required.

Setting up as an employer

Once you have decided to set up as an employer there are certain things you'll need to implement. You'll need to set up employer liability insurance, be prepared to carry out right to work checks when taking on staff and ensure that you have a data protection privacy notice in place.

Other steps include registering as an employer with HMRC and setting up a payroll, as well as putting a workplace pension in place. We can introduce you to providers who can help set up your payroll and pensions.

Non-executive director appointments

If you are appointing non-executive directors we can provide you with a UK law compliant appointment letter. We have extensive experience of advising on non-executive appointments and can also provide advice on the employment status of non-executive directors and pitfalls to avoid.

Employment helpline

During the process of setting up as an employer our team will be on hand to support you with any challenges or questions. This is subject to quotation.

For more information and to book in one of our skillsbooster session please contact DFletcher@trowers.com or HMcKinder@trowers.com

Any merger is likely to have an impact on staff. Generally some savings realised by a merger will be as a result of the streamlining of staff including the Executive team.

Our extensive experience on housing mergers means that we are uniquely placed to advise on the employment issues that arise. We are ever mindful of the regulator's views on severance payments and the need for RPs to uphold the Governance Standard.

Our toolkit includes the following services, most of which can be offered for fixed fees.

Please contact us to discuss in more detail how we can support you.

Advice

The process surrounding mergers can be complex and the advice that we regularly give can be split into three key areas:

Strategic advice

• Retention of key staff at a time of change and the process of selection for key jobs in the new organisation.
• The legal risks of restructure and obligations on consultation.
• The potential application of TUPE on new governance arrangements.
• Structuring the staffing arrangements to achieve the best structure and right people to suit your purposes, including a consideration of staff transfer, secondment and joint contracts of employment.
• Drafting and negotiating settlement agreements taking the Regulator of Social Housing's approach to severance into account.
• Pensions advice including "red flag" issues arising from a forensic review of merging employers' pension arrangements including "statutory employer" issues.

Appointment of the new board and executive

• Managing executive staff exit arrangements.
• Advice on the appointment of the new board and terminating existing board appointments, together with advice on any employment disputes that come out of early termination of board members' contracts.
• Facilitating cultural changes in the new group for example including the implementation of new HR policies.

After the merger

• Advice on restructuring including redundancies.
• The negotiation of settlement agreements where these are needed.
• Managing all aspects of collective consultation, restructuring and the imposition of new terms and conditions.
• Limiting the equal pay risks of running different terms and conditions of employment.
• Putting in place suitable consultation frameworks for future relations with staff, including advice on managing the new rights of unions in the workplace proposed in October 2024.
• Advice on the employment status of board members, their increased employment rights anticipated in October 2024 and how contracts can mitigate those risks.
• Assistance with a more radical approach to existing pensions offered to staff in order to de risk exposure and manage liability, and advice on whether any flexibilities under pensions legislation can be applied to manage pensions liabilities of merging employers. 

Template documents

It's a great idea to have the right documentation in place to ensure that the merger goes smoothly. We can provide you with template contracts for executive staff and board members together with advice to the board on these contracts and how they meet your Code of Governance. We can also draft intra-group agreements if a group is formed reflecting the staffing arrangements. If TUPE applies we can provide you with template documents and checklists.

When it comes to determining workplace culture policies are important and we can review existing policies or provide you with new ones.

Skillsboosters

We can deliver, virtually or in person, interactive skillsbooster training to your Joint steering group, boards or the new executive team on managing risks in the process. We find this gives confidence and guidance to those dealing with mergers, whether they are new to it or wanting a refresh. We cover:

• An overview of the merger process;
• How new staffing arrangements can be structured;
• Practical points on managing a restructure and the legal risks;
• Things to consider under the new structure such as implementing a new workplace culture and harmonising terms and conditions; and
• Our tips for what to do, what not to do, and how to keep the process on track

We also offer additional skillsbooster sessions on connected processes such as changing terms and conditions, TUPE, managing redundancies and restructures and trade unions.

For more information and to book in one of our skillsbooster session please contact DFletcher@trowers.com or HMcKinder@trowers.com

As an Employer of the Future, you need to know about the impact of TUPE and how to manage the process.

Our TUPE toolkit offers the following services, all of which can be offered for fixed fees.

Please contact us to discuss in more detail how we can support you.

Strategic advice

We can advise you on matters such as:

• The applicability of TUPE, whether you are losing or receiving staff.
• The information you are entitled to ask for if you are commissioning or bidding for work, or buying or selling a business.
• The tactics you should consider in bidding and areas that will be up for negotiation.
• How to mitigate the risk of a redundancy situation at the end of a contract.
• What pension benefits will transfer on a TUPE transfer.

We can offer a meeting with your business development, operational or HR teams to discuss your strategy. We can also support you with advice on the TUPE aspects of a contract, either on a light touch basis or giving you full legal support with the negotiations.

TUPE information and consultation process

We can help you understand your obligations if you are a party to a TUPE transfer. We can also check your standard documents or let you have documents to manage the TUPE information and consultation process, such as a template measures letter.

Making changes

We often get asked how to implement changes to terms and conditions and/or restructure following a TUPE transfer. We can give you strategic advice about how to achieve your aims whilst limiting your TUPE risk. This might include carrying out a review into which terms and conditions or policies and procedures you can change. We can also help you put together a business case on making changes to the workforce or to terms and conditions, advising on what you can do whilst mitigating risk.

TUPE Skillsbooster

We can deliver, virtually or in person, interactive skillsbooster training on the TUPE process to give you a sound working knowledge of TUPE. We find this gives confidence to those who need to get involved in TUPE transactions, whether they are new to the area, or wanting a refresh. This can be delivered to managers and/or HR colleagues.

We also offer additional skillsbooster sessions on connected processes, such as changing terms and conditions and redundancies and restructures.

For more information and to book in one of our skillsbooster session please contact DFletcher@trowers.com or HMcKinder@trowers.com

An Employer of the Future needs to put the wellbeing of its staff front and centre. Our Wellbeing toolkit is designed to help take the load from you as you refresh, reinvigorate or redesign employee wellbeing in your workplace.

Wellbeing strategy

Do you have a wellbeing strategy? Is it fit for the modern workplace? Do you know what employees want from your wellbeing initiatives? Whether it's changes to benefits, mental health first aiders or gym membership, we can help you plan your wellbeing strategy, and help you achieve value for money.  

Will it help you meet your possible future objective of disability pay reporting?

We offer a meeting for a fixed fee to discuss your strategy.

Changes in benefits

If your wellbeing strategy involves changes to employee benefits, be it flexible benefits, changes to holiday, different pensions, ill health benefits or changing sick pay, we can help support you make those changes and mitigate risk in doing so.

Managing absence and disabilities

Managing employees with disabilities or other ill health isn't always easy. Do you manage absence effectively, including having a robust process and utilising occupational health? Do you understand your obligations when a staff member is disabled including the duty to make reasonable adjustments? 

We can support you to manage ill health and disability discrimination risk. We can also help provide advice and guidance on those difficult cases where you may be struggling to move things forward.

Skillsboosters relating to wellbeing

We can deliver, virtually or in person, interactive skillsbooster training to your managers on wellbeing related topics. We find this gives confidence and guidance to managers, whether they are a new manager or wanting a refresh on best practice. We can cover:

• Managing disabilities and reasonable adjustments;
• Managing absence and capability issues due to ill health and how to implement a fair capability dismissal.

For more information and to book in one of our skillsbooster session please contact DFletcher@trowers.com or HMcKinder@trowers.com