Commentary and analysis

Informed opinion, commentary and debate on issues of interest to HR.

This tool includes:

  • Commentary and debate on HR and workplace practices.
  • Guidance and opinion on employment law developments.

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Latest items in Commentary and analysis

  • Running a collective consultation process with a remote workforce during the COVID-19 pandemic

    Date:
    29 May 2020

    Running a collective consultation process can be challenging, even in "normal" circumstances. However, with staff working remotely, or on furlough, due to the coronavirus pandemic, it is a process that has become even more complex. Nick Chronias, partner at DAC Beachcroft, sets out the legal and practical concerns for HR to consider when running a collective consultation process with a remote workforce.

  • Coronavirus Job Retention Scheme: What amounts to work?

    Date:
    28 May 2020

    A lack of definitive guidance, and the potentially serious consequences of inadvertently asking a furloughed employee to work, means that many employers are still uncertain about what amounts to working under the Coronavirus Job Retention Scheme. Jo Broadbent, Counsel Knowledge Lawyer at Hogan Lovells, provides legal and practical guidance on the issues that employers need to consider.

  • Why HR needs to start thinking about Brexit again

    Date:
    28 May 2020

    Until recently, Brexit dominated the news, but it has been off the agenda for many of us during the coronavirus pandemic. However, Brexit has not gone away and it will mean changes to the way we work. HR has a crucial role to play in planning for the impact of Brexit. We set out the key areas to think about now.

  • Fraudulent claims and the Coronavirus Job Retention Scheme

    Date:
    28 May 2020

    The Coronavirus Job Retention Scheme has already paid out more than £15 billion in grants. Given the sums involved, HM Revenue and Customs (HMRC) recognises there is potential for fraud - and has seen around 800 reports of fraudulent applications. Graham Brown reports on the consequences for unscrupulous employers.

  • Coronavirus: physical fitness and the return to work

    Date:
    28 May 2020

    With many people either working from home or furloughed for the past two months, there has been much discussion about the impact of lockdown on employees' mental health, but what about the effect on their physical health and what could this mean for the return to work?

  • Investigations and Covid-19: employers need a pandemic-proof toolkit

    Date:
    27 May 2020

    Lockdown has presented difficulties for companies involved in internal investigations, dealing with whistleblowers, grievance claims and disciplinary processes. Ivor Adair examines the latest Acas guidance on the subject and explains the key issues and solutions.

  • Coronavirus and carrying over annual leave

    Date:
    27 May 2020

    With employers required to top up furloughed employees' pay for any annual leave they take, many will be anxious to avoid this extra expense at the current time. However, the result could be a glut of holiday requests towards the end of the leave year. Consultant editor Darren Newman looks at how the coronavirus amendments to the Working Time Regulations may help employers facing this situation.

  • The evolution of the furlough scheme: Employers' next steps

    Date:
    26 May 2020

    Although guidance on the next phases of the Coronavirus Job Retention Scheme is not expected until later this month, employers need to start planning what their workforces will look like now, writes Mark Kaye.

  • Is it 'associative discrimination' to ask staff living with shielded persons to return to work?

    Date:
    22 May 2020

    Employers could be exposing themselves to allegations of discrimination if they require employees who live with a clinically vulnerable person to return to work. Sophie Vanhegan examines the risks.

  • Returning to work: Eight challenges identified by HR professionals

    Date:
    21 May 2020

    Employers in England are being encouraged to reopen workplaces to staff who cannot work from home, while those in other parts of the UK are likely to be making plans ahead of similar moves. Sheila Attwood reports on how respondents to XpertHR's fourth HR and coronavirus survey are preparing for the return to work.