Avoiding Risk and Unintended Consequences Content 01 Voluntary - - PowerPoint PPT Presentation

Workforce Planning : Avoiding Risk and Unintended Consequences

Employment Law Webinar

Content

01 02 03 04 05 06 07 08 Voluntary Redundancy and Exit Incentives Career Breaks Fixed Term Contracts Redeployment Rehiring Furlough Extensions Maternity considerations Notice Period considerations

Voluntary Redundancy and Exit Incentives

Abigail Maino

Have you used voluntary redundancy as an alternative to compulsory redundancy?

Poll

5

• What are you prepared to offer?
• Is the offer potentially discriminatory?
• Equality Act exemption
• Objective justification?
• Consistency
• Control
• Compulsory kept on the table

Voluntary Redundancy and Exit Incentives

Employment Law Webinar

6

• Benefits
• No claims
• Drawbacks
• Legal advice
• Negotiation on terms
• Handovers
• Re-affirmation

Settlement Agreements?

Employment Law Webinar

Would you consider granting a career break as an alternative to redundancy?

Poll

8

• Is it right for the business?
• Traditional or non-traditional?
• Costs to the business
• Holiday accrual
• Continuity of employment
• Benefits
• What happens at the end?
• Do you need to offer alternative vacancies?

Career Breaks

Employment Law Webinar

Fixed Term Contracts, Redeployment and Rehiring

Rebecca Thornley-Gibson

10

Fixed Term Contracts

Employment Law Webinar

• Permanent to fixed term role to avoid redundancy
• Parity of terms
• Clarity of approach at the end of the term

11

• Bumping and Secondments
• Trial period considerations
• New terms of employment

Redeployment

Employment Law Webinar

12

• Pay back of statutory / contractual redundancy payments
• Beware the “consultancy” trap
• Notification of new vacancies
• Was it really a genuine redundancy?

Rehiring

Employment Law Webinar

Furlough Recap, Maternity Considerations and Notice Period

Simon Bellm

14

• Notice Pay to be covered as part of wage cost : HMRC

announcement via HMRC tweet

• Furlough February Bonus – impact on workforce planning?

Furlough recap / update

Employment Law Webinar

15

• Communications vital
• Priority for alternative roles
• Impact on redundancy selection
• Extending leave period to avoid redundancy

Maternity Considerations

Employment Law Webinar

16

• Consider how to treat notice period
• Consistent approach for all or case by case
• Changing duration of notice period
• Payment considerations
• Check the contract before communicating the approach

Notice Periods

Employment Law Webinar

17

• Continued obligation to consider alternative roles
• Increased claim risk /disruption to others from disgruntled employees
• Allows orderly transition
• Accrual of holidays
• Cost of maintaining benefits and continuing employment obligations
• Allows for post termination restrictions to start from end of notice period

Working Notice

Employment Law Webinar

18

• Consent required if not permitted by contract
• Employee “off the radar” risks
• Post Termination Restricted Period may be shortened

Garden Leave

Employment Law Webinar

19

• Consent required if not permitted by contract
• Basic salary or basic salary and benefits cost?
• Windfall payment concerns – consider instalment

payments if contract permits

• Employment obligations end – alternative vacancies need

not be offered post employment

PILON

Employment Law Webinar

20

Simon Bellm

Speakers

Employment Law Webinar

Partner, Employment 01293 558511 Simon.Bellm@dmhstallard.com

Rebecca Thornley- Gibson

Partner, Employment 0207 822 1582 Rebecca.Thornley- Gibson@dmhstallard.com

Abigail Maino

Senior Associate, Employment 01483 467412 Abigail.Maino@dmhstallard.com