Later this year, extensive regulatory and legislative reforms will transform how employers tackle bullying, harassment and other toxic behaviour at work. In particular, the Financial Conduct Authority has now finalised its non-financial misconduct guidance, with significant changes coming into force on 1 September 2026. And alongside that, the Employment Rights Act 2025 will introduce a suite of reforms on 1 October 2026, aimed at strengthening protections against harassment at work and changing how employers approach prevention.

So, to help employers navigate and prepare for the new regime, we're devoting our latest three-part mini-series to the topic of non-financial misconduct or "NFM".

In the third and final part of our mini-series, host Ellie Gelder is joined by Sybille Raphael, joint CEO at whistleblowing charity Protect and Patrick Brodie, partner and head of RPC's Employment, Engagement & Equality team. Sybille and Patrick share their insights on:

• the increasingly prominent role of NFM in cases of whistleblowing;
• the regulatory, legislative and cultural impetus to tackle NFM;
• why people find it hard to blow the whistle about NFM and how employers can empower their employees to speak up;
• balancing responsibilities to the whistleblower, the alleged wrongdoer and witnesses;
• what "good" looks like when we talk about "Speak Up" cultures;
• how to assess if your organisation's process for reporting and investigating NFM is working;
• specific actions that employers might consider taking after a formal investigation into NFM has concluded; and
• Sybille and Patrick's key practical takeaways.

Listen to parts 1 and 2 of this Work Couch mini-series on Non-financial misconduct, regulation and the law: 

• Part 1: What’s on the horizon for 2026? with Macaela Joyes and Whitney Simpson
• Part 2: Key watch-outs before and during an investigation, with Kelly Thomson and Charlotte Reid

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1. Report by Acas: How prevalent is individual conflict at work in Great Britain in 2025? (20 November 2025)
2. Report by Protect: Attitudes to whistleblowing – from Gen Z to Baby Boomers (24 June 2025)
3. Research by Mental Health First Aid England for My Whole Self campaign (10 February 2026)
4. Protect's Whistleblowing Benchmark tool

About Protect

Protect has over 30 years' experience helping employers diagnose system weaknesses, develop triage models, and strengthen speak-up culture. Protect sees over 3,000 new cases annually, giving a uniquely broad evidence base on emerging patterns. Protect has shaped the thinking around whistleblowing since 1993, helping Parliament and regulators set the rules and intervening in major appeal cases. 

Hosted on Acast. See acast.com/privacy for more information.

Later this year, extensive regulatory and legislative reforms will transform how employers tackle bullying, harassment and other toxic behaviour at work. In particular, the Financial Conduct Authority has now finalised its non-financial misconduct guidance, with significant changes coming into force on 1 September 2026. And alongside that, the Employment Rights Act 2025 will introduce a suite of reforms on 1 October 2026, aimed at strengthening protections against harassment at work and changing how employers approach prevention.

So, to help employers navigate and prepare for the new regime, we're devoting our latest three-part mini-series to the topic of non-financial misconduct or "NFM".

In part two, host Ellie Gelder is joined by Kelly Thomson, Partner and ESG Strategy Lead, and Charlotte Reid, Senior Associate, who both work in our Employment, Engagement & Equality team. Together, they explain the nuts and bolts of the investigation itself, including:

• dos and don'ts when triaging a complaint of NFM;
• important questions to ask when planning and scoping an investigation, including who in the organisation should form part of the investigation team;
• the business case for delegating an investigation to an external investigator or law firm;
• common tricky issues, for example anonymous complaints, historic allegations, and whether to suspend the alleged wrongdoer;
• confidentiality and striking the right balance in respect of all parties;
• how to handle the overlap between employment and regulatory processes; and
• Kelly and Charlotte's key practical takeaways.

Listen to part 1 of this Work Couch mini-series: Non-financial misconduct, regulation and the law (Part 1): What’s on the horizon for 2026? and join us for the third concluding part in two weeks' time, when we will discuss practical steps to take after a formal investigation has concluded and how to create - and sustain - a "Speak Up" culture.

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1. ACAS code of practice on disciplinary and grievance procedures

Hosted on Acast. See acast.com/privacy for more information.

Later this year, extensive regulatory and legislative reforms will transform how employers tackle bullying, harassment and other toxic behaviour at work. In particular, the Financial Conduct Authority has now finalised its non-financial misconduct guidance, with significant changes coming into force on 1 September 2026. And alongside that, the Employment Rights Act 2025 will introduce a suite of reforms on 1 October 2026, aimed at strengthening protections against harassment at work and changing how employers approach prevention.

So, to help employers navigate and prepare for the new regime, we're devoting our latest three-part mini-series to the topic of non-financial misconduct or "NFM".

In part one, host Ellie Gelder is joined by Macaela Joyes, Associate in our Employment, Engagement & Equality team and Whitney Simpson, Of Counsel at RPC, who share their insights on:

• What NFM means and the types of behaviour it includes;
• Why addressing NFM does not rest solely with HR and People teams and the importance of wider accountability across the business;
• The regulatory and legislative developments coming into effect later this year and how they will impact the approach that firms will need to take when responding to allegations of non-financial misconduct;
• The nuances of non-financial misconduct that takes place online or outside work; and
• Some key practical steps for firms to take in readiness for the upcoming changes.

Join us for part 2 in two weeks' time, when we will discuss the nuts and bolts of the investigation itself and common pitfalls for employers to be aware of.

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1. FCA Consultation Paper CP25/18: Tackling non-financial misconduct in financial services Consultation on guidance in the Code of Conduct (COCON) and the Fit and Proper Test for Employees and Senior Personnel (FIT) sourcebooks including Policy Statement on amendment to the Code of Conduct (COCON) (CP23/20) (July 2025)
2. FCA Policy Statement PS25/23: Tackling non‑financial misconduct in financial services Guidance in the Code of Conduct (COCON) and the Fit and Proper test for Employees and Senior Personnel (FIT) sourcebooks (December 2025)
3. Employment Rights Act 2025
4. Higgs v Farmor's School and others [2025] EWCA Civ 109

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Continuing our deep dive into the Employment Rights Act 2025, this week we discuss the imminent wave of employment law reforms coming into effect in April 2026 - and the key actions to take now.

Host Ellie Gelder is joined by Charlotte White, partner, and Ramina Krivich, trainee solicitor, both from our Employment, Engagement & Equality team, who share their insights on:

• Statutory sick pay reforms and the practical steps employers can take to prepare;
• The establishment of the Fair Work Agency and how this will impact compliance procedures, litigation risk and settlement negotiations, and record-keeping;
• The doubling of the collective redundancy protective award period and how this could affect decisions on restructures and how consultation is undertaken;
• Trade union-related reforms and navigating a new landscape for employee relations;
• The extension of whistleblowing protections;
• Family-friendly changes; and
• Top tips to ensure business readiness for the April 2026 reforms.

The Work Couch will bring you more updates on the Employment Rights Act (ERA) as they develop. In the meantime, you can keep on top of all of the 25 plus employment law reforms introduced by the ERA - as well as access key watch-outs – by signing up to our ERA tracker, a free resource which is regularly updated by the Employment, Engagement & Equality team.

For a more detailed discussion on the family-friendly changes introduced by the ERA, listen to our previous Work Couch episode with Joanna Holford and Megan Latham here.

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All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1. Next Steps to Make Work Pay
2. Employment Rights Act 2025

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Kicking off Season 4, we take a deep dive into how the Employment Rights Act 2025 will transform a key area of employment law: family-friendly rights at work. We explain what the changes mean, when they are expected to come into force, and the practical steps employers can take now to stay one step ahead.

Host Ellie Gelder is joined by Joanna Holford, senior associate, and Megan Latham, trainee solicitor, both from our Employment, Engagement & Equality team, who share their insights on:

• New "day one" rights to statutory paternity leave, unpaid parental leave, bereavement leave and how these will apply in practice;
• The introduction of extended paternity leave for eligible bereaved fathers and partners, (separate from the ERA but also coming into force in April 2026);
• Enhanced protections for pregnant workers and new mothers against dismissal;
• Flexible working reforms;
• The recently published terms of reference for the government's review into carers leave; and
• Top tips to prepare for this new era of family-friendly rights.

The Work Couch will bring you more updates on the Employment Rights Act (ERA) as they develop. In the meantime, you can keep on top of all of the 25 plus employment law reforms introduced by the ERA - as well as access key watch-outs – by signing up to our ERA tracker, a free resource which is regularly updated by the Employment, Engagement & Equality team.

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1.    Next Steps to Make Work Pay

2.    Employment Rights Act 2025

3.    Government's Parental Leave and Pay Review

4.    The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (SI 2026/15)

5.    Work Couch podcast: Pregnancy loss and work (Part 1): Does the law reflect expected work cultures? (14 June 2023)

6.    Government consultation on day one right to bereavement leave (Closed on 15 January 2026)

7.    Paternity Leave (Bereavement) Act 2024

8.    Draft Bereaved Partner's Paternity Leave Regulations 2026

9.    Government Factsheet: Enhanced dismissal protections for pregnant women and new mothers

10. Government consultation on enhanced dismissal protections for pregnant women and new mothers (Closed on 15 January 2026)

11. Work Couch podcast: Carers week special (Part 2): Intersectional nuances, wellbeing and creating carer-friendly workplaces (25 June 2025)

12. Terms of reference for government review into employment rights for unpaid carers (19 November 2025)

13. Carers UK Report: Juggling work and unpaid care (January 2019)

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Host Ellie Gelder is once again joined by consultant employment lawyer Victoria Othen to talk about disability at work and what reasonable adjustments look like at each stage of the employment life cycle. In part two, which is packed with practical examples, they discuss:

• Relevant factors when assessing the reasonableness of an adjustment;
• Risks and exceptions relating to pre-employment health questions during the recruitment process;
• Case law on reasonable adjustments in respect of performance and attendance management, and redundancy processes;
• Reasonable adjustments to policies and procedures;
• Low or zero cost adjustments; and
• Victoria's top tips for employers to comply with their duty to make reasonable adjustments.

Listen to our previous Work Couch episode: Disability at work (Part 1): "Right to try work" and the law on reasonable adjustments.

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All information is correct at the time of recording.  The Work Couch is not a substitute for legal advice.

References

1.     Equality and Human Rights Commission guidance on workplace adjustments

2.    Noor v Foreign & Commonwealth Office EAT/0470/10

3.     Dominique v Toll Global Forwarding Ltd EAT/0308/13

4.    AECOM Ltd v Mallon [2023] EAT 104

5.     Adjusting your recruitment process for a candidate with a disability: What is reasonable? (RPC article, 18 September 2023)

6.    Waddingham v NHS Business Services Authority ET/1804896/13 & ET/1805624/13

7.     Shearer v South Lanarkshire Council 4107433/23 (Scottish ET)

8.    Archibald v Fife Council [2004] HL 32

9.    Rentokil Initial UK Ltd v Miller [2024] EAT 37

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In our second live episode, recorded before a special audience of RPC clients, host Ellie Gelder

is joined by three leading voices in employment law to dissect - and make sense of - the transformational and ground-breaking Employment Rights Bill. The panel comprised:

• Professor Catherine Barnard, Professor of European law and employment law at the University of Cambridge;
• John Bowers KC, of Littleton Chambers. John is Principal of Brasenose College, University of Oxford, and also sits part-time as a judge in the Employment Appeal Tribunal; and
• Shantha David, Head of Legal Services at Unison, the UK's largest trade union.

The panellists each share their insights into the practical implications of many of the key reforms introduced by the Bill, including: "day one" rights to protection from unfair dismissal; restrictions on fire and re-hire; trade union-related reforms; changes to collective redundancy; bereavement leave and the strengthened duty to prevent sexual harassment.

They also provide their key watch-outs and tips for employers and business leaders, as they look to navigate the evolving employment law landscape.

Please note: This episode was recorded on 30 September 2025 in front of a live audience at RPC's London offices as part of the Employment, Engagement and Equality team's panel event exploring the Employment Rights Bill. All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

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References

1. Employment Rights Bill

2. Written evidence submitted by Professor Alan Bogg and Michael Ford KC to The Employment Rights Public Bill Committee (ERB69) (December 2024)

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Host Ellie Gelder is joined by consultant employment lawyer Victoria Othen to explore the government's proposed changes to welfare and disability benefits and how this may impact the duty on employers to make reasonable adjustments. In part one, they discuss:

·     The background to the proposed "Right to try work" scheme;

·     A reminder of the legal definition of disability as set out in the Equality Act 2010;

·     Factors that employment tribunals take into account when assessing if a claimant is disabled within the meaning of the Act;

·     The legal components of the duty to make reasonable adjustments; and

·     Whether or not employers require knowledge of a disability to trigger their duty to make reasonable adjustments.

Join us for part 2, when we will discuss what reasonable adjustments look like at each stage of the employment life cycle.

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We hope you enjoyed this episode. You can subscribe on Apple Podcasts and Spotify to stay up to date with all the latest episodes.

All information is correct at the time of recording.  The Work Couch is not a substitute for legal advice.

Please note: All information is correct at the time of recording. However, please note that this episode was recorded before the recent cabinet reshuffle and consequential changes in ministerial responsibilities, which took place on 5 September 2025. 

References

1.     Pathways to Work: Reforming Benefits and Support to Get Britain Working Green Paper (Government consultation opened on 18 March 2025 and closed on 30 June 2025)

2.    Employers: Influencing disabled people’s employment through responses to reasonable adjustments, Disability & Society (Research by Disability Research Specialists, 19 July 2022)

3.     Work Couch episode: Addiction at work: Disciplinary or wellbeing issue? With Charlotte Reid and Eleena Misra, KC

4.    Work Couch episode: Narratives, reasonable adjustments, and the business case for accessibility, with Samantha Renke

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As the Summer holidays draw to a close - and the backlog in employment tribunal cases continues - the Work Couch is going back to school with a lesson on judicial mediation (JM).

JM, which is a form of alternative dispute resolution (ADR), has a reported success rate of 65-70%, but how does it work in practice? Host Ellie Gelder is joined by senior associate Charlotte Reid and trainee solicitor Brodie Walker to explain:

• How JM differs from other forms of ADR;
• How JM works in practice and what employers can expect;
• The role of the judge in JM;
• When, in the life cycle of an employment tribunal claim or dispute, might the employer look to instigate the JM process;
• The pros and cons of JM; and
• The impact that the incoming Employment Rights Bill may have on the use of JM in the future.

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We hope you enjoyed this episode. You can subscribe on Apple Podcasts and Spotify to stay up to date with all the latest episodes.

All information is correct at the time of recording.  The Work Couch is not a substitute for legal advice.

References

1. Guidance on Alternative Dispute Resolution issued by the President of Employment Tribunals in England and Wales (July 2023)

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This year's Carers week theme is "caring about equality" and highlights the inequalities faced by unpaid carers, including a greater risk of poverty, social isolation, and poor mental and physical health. Sadly, and far too often, carers of all ages are missing out on opportunities in their education, careers or personal lives just because of their caring role.

To explore how employers play a critical role in removing these barriers, host Ellie Gelder is joined by two passionate advocates for carers: RPC's own Rachel Pears and Zahra Lakhan-Bunbury from Carers UK.

Rachel is associate director for responsible business and employment counsel at RPC, and is a carer herself. Last year, she spearheaded RPC's collaboration with Carers UK, which culminated in the Mind the Caring Gap report, which garnered widespread press attention.

Zahra, who is an account manager at Employers for Carers, the workplace arm of Carers UK, works with leading organisations including government departments, retailers and local authorities to identify and share best practice for supporting carers in the workplace. 

In part 2 of this series, Rachel and Zahra discuss:

·       Identifying as a carer and why some people don't see themselves as carers;

·       Distinguishing between different types of care and the unique challenges;

·       Caring responsibilities in the legal sector and some stark statistics;

·       The impact caring can have on the carer's physical and mental wellbeing; and

·       Key ingredients to create carer-friendly workplaces.

Listen to Part 1: Lived experiences, the law and the role of employers.

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We hope you enjoyed this episode. You can subscribe on Apple Podcasts and Spotify to stay up to date with all the latest episodes.

All information is correct at the time of recording.  The Work Couch is not a substitute for legal advice.

References

Mind the caring gap: Exploring the impact of caring responsibilities in the legal sector (Report by RPC, LawCare and Next 100 Years, June 2024)

Hosted on Acast. See acast.com/privacy for more information.

This year's Carers week theme is "caring about equality" and highlights the inequalities faced by unpaid carers, including a greater risk of poverty, social isolation, and poor mental and physical health. Sadly, and far too often, carers of all ages are missing out on opportunities in their education, careers or personal lives just because of their caring role.

To explore how employers play a critical role in removing these barriers, host Ellie Gelder is joined by two passionate advocates for carers: RPC's own Rachel Pears and Zahra Lakhan-Bunbury from Carers UK.

Rachel is associate director for responsible business and employment counsel at RPC, and is a carer herself. Last year, she spearheaded RPC's collaboration with Carers UK, which culminated in the Mind the Caring Gap report, which garnered widespread press attention.

Zahra, who is an account manager at Employers for Carers, the workplace arm of Carers UK, works with leading organisations including government departments, retailers and local authorities to identify and share best practice for supporting carers in the workplace. 

In part 1 of this series, Rachel and Zahra discuss:

• Their own experiences of caring and the impact on their respective personal and working lives;
• Existing statutory entitlements to time off work for carers, including the Carer's Leave Act 2023, which came into force on 6 April 2024;
• How an increasing number of employers are offering enhanced time off for their employees with caring responsibilities;
• The human and commercial reasons for employers to actively engage with this issue; and
• Why we need to be mindful when using the word 'resilience'.

Join us for Part 2 on 25 June, when we will look at the intersectional nuances of caring, the impact of caring on wellbeing, and how to create carer-friendly workplaces.

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We hope you enjoyed this episode. You can subscribe on Apple Podcasts and Spotify to stay up to date with all the latest episodes. All information is correct at the time of recording.  The Work Couch is not a substitute for legal advice.

References

1.     Mind the caring gap: Exploring the impact of caring responsibilities in the legal sector (Report by RPC, LawCare and Next 100 Years, June 2024)

Hosted on Acast. See acast.com/privacy for more information.

This week, host Ellie Gelder speaks to Patrick Brodie and Kelly Thomson about the landmark Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers, which has prompted many questions for UK businesses and employers.

Focusing on the law, Patrick and Kelly provide an accessible, balanced overview of the decision, including:

·       A brief background to the case and the key question for the Supreme Court;

·       The legal implications of the decision with respect to same-sex facilities;

·       Divergence between the definition of 'sex', 'man' and 'woman' in the Equality Act 2010 and in the Workplace (Health, Safety and Welfare) Regulations 1992;

·       Biological sex definition and varying perspectives;

·       The interim update guidance from the Equality and Human Rights Commission;

·       Various legal challenges to the decision; and

·       Practical measures for employers to balance their legal obligations with their cultural and inclusivity goals, especially in relation to their trans colleagues.

To learn more about trans inclusion and how to be an effective ally, please listen to this previous Work Couch episode, with Emma Cusdin, Global Butterflies.

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To mark Mental Health Awareness Week and this year's theme of community, host Ellie Gelder is joined once again by Rebecca Norris and Camilla Wells, co-founders of Trauma Informed Law, an organisation which offers specialist support for trauma, burnout and overwhelm in the legal sector.

In the second part of this series, we discuss:

• Identifying the less obvious signs of trauma;
• How to foster effective psychological safety;
• Key dos and don'ts when supporting a person affected by trauma;
• Commercial benefits of being a trauma-informed business; and
• The role of leadership in embedding a trauma-informed work culture.

You can listen to part 1 of this series here: Navigating trauma in the legal world (Part 1): Spotting the signs and understanding the science.

To access further support on mental health, you may wish to visit the Samaritans, Mind, or Rethink. Or you can use the text service from Shout on 85258.

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All information is correct at the time of recording.  The Work Couch is not a substitute for legal advice.

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To mark Mental Health Awareness Week and this year's theme of community, host Ellie Gelder is joined by Rebecca Norris and Camilla Wells, co-founders of Trauma Informed Law, an organisation which offers specialist support for trauma, burnout and overwhelm in the legal sector.

In part 1, we discuss:

• Terminology and language to describe trauma;
• The various ways that trauma shows up in the legal world, from clients, to witnesses, to colleagues and other lawyers;
• How to spot the signs of trauma;
• The neuroscience behind stress and distress;
• Vicarious trauma; and
• How trauma affects people at different stages of their career.

Join us for part 2 next time when Rebecca and Camilla will explain how organisations can implement a trauma-informed work culture.

To access further support on mental health, you may wish to visit the Samaritans, Mind, or Rethink. Or you can use the text service from Shout on 85258.

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We hope you enjoyed this episode. You can subscribe on Apple Podcasts and Spotify to stay up to date with all the latest episodes.

All information is correct at the time of recording.  The Work Couch is not a substitute for legal advice.

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In the second part of our series on the new statutory right to neonatal care leave, which came into force on 6 April 2025, host Ellie Gelder is joined once again by Joanna Holford, senior associate, from our employment, engagement and equality team, and Catriona Ogilvy, founder and chair of charity The Smallest Things.

Catriona and her team have worked tirelessly to campaign for better support for employees whose babies require neonatal care, while Joanna is frequently advising employer clients on all family-related rights.

In part 2, we discuss:

• How to communicate with employees during neonatal care leave;
• Ongoing challenges for parents beyond their return to work;
• Interaction of neonatal care leave with other forms of family-friendly leave;
• Scenarios not covered by the new legislation; and
• Practical considerations, including amending internal policies, providing line manager training, and offering effective support.

Listen to our previous conversation here: Neonatal care leave (Part 1): What is the new right, who is eligible, and does the law go far enough?.

For in-depth information and support, please visit The Smallest Things or Working Families, the UK's national charity for working parents and carers.

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All information is correct at the time of recording.  The Work Couch is not a substitute for legal advice.

References

Statutory Neonatal Care Pay (General) Regulations 2025

Neonatal Care Leave and Miscellaneous Amendments Regulations 2025

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In the first part of our series on the new statutory right to neonatal care leave, which comes into force on 6 April 2025, host Ellie Gelder is joined by Joanna Holford, senior associate, from our employment, engagement and equality team, and Catriona Ogilvy, founder and chair of charity The Smallest Things.

Catriona and her team have worked tirelessly to campaign for better support for employees whose babies require neonatal care, while Joanna is frequently advising employer clients on all family-related rights.

We discuss:

·     Catriona's own lived experience of having a baby in neonatal care and why the law needed to change;

·     Who is eligible for neonatal care leave and how neonatal care is defined by the legislation;

·     The timing of neonatal care leave and an explanation of "Tier 1" and "Tier 2" leave;

·     Pay during neonatal care leave and eligibility requirements;

·     How partners may use neonatal care leave in addition to other forms of family-friendly leave; and

·     Whether the new legislation goes far enough in supporting people.

Join us for part 2 next time when we'll discuss the practicalities of implementing neonatal care leave.

For in-depth information and support, please visit The Smallest Things or Working Families, the UK's national charity for working parents and carers.

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We hope you enjoyed this episode. You can subscribe on Apple Podcasts and Spotify to stay up to date with all the latest episodes.

All information is correct at the time of recording.  The Work Couch is not a substitute for legal advice.

References

Statutory Neonatal Care Pay (General) Regulations 2025

Neonatal Care Leave and Miscellaneous Amendments Regulations 2025

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In the first instalment of our series on what to expect at an employment tribunal, host Ellie Gelder is joined by Kim Wright, Senior Associate, from our Employment, engagement and equality team, and Joseph England, a Barrister from 3PB Chambers who specialises in employment law, to talk about appearing as a witness. We discuss:

• How employment tribunals differ from civil courts;
• Who may be required to appear as a witness;
• Preparation of witness statements;
• What to expect on the day of the hearing itself;
• Tricky but common scenarios, including: illness, travel disruption, and giving evidence from overseas; and
• Key dos and don'ts when giving evidence at, or attending, a virtual hearing. 

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All information is correct at the time of recording.  The Work Couch is not a substitute for legal advice.

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In the second part of this series on data protection, host Ellie Gelder is joined once again by Jon Bartley, partner and Helen Yost, senior associate, both from our data advisory team to discuss data protection compliance in the employment context, and how to successfully navigate the key risk areas. We discuss:

• Why data protection is such a hot topic for employers now;
• Data subject access requests;
• Potential consequences of getting data protection wrong;
• Top tips for avoiding the worst consequences; and
• What's on the horizon for data protection law?

To stay up to date with all the latest in data protection law, please subscribe to our monthly newsletter Data Dispatch.

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Host Ellie Gelder is joined by Charlotte Reid, senior associate, to explore the ground-breaking changes to the law on preventing sexual harassment of employees, which came into force on 26 October 2024, and further important changes on the horizon.

They discuss:

• The various types of conduct that the term 'sexual harassment' can include;
• Legislative reforms introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023 and what they mean for employers;
• Proposals under the Employment Rights Bill to: (i) further boost the obligation on employers to prevent sexual harassment, (ii) include third party harassment in the Equality Act 2010 and (iii) introduce changes to the rules on whistleblowing to protect those who call out sexual harassment;
• The term 'reasonable steps' and the practical ways for employers to comply;
• How the reforms align with the broader regulatory landscape and increasing scrutiny into ESG credentials, for example, in the financial services sector; and
• The current pushback against DEI efforts in certain parts of the world and how this may affect DEI initiatives in the UK.

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All information is correct at the time of recording.

References

Worker Protection (Amendment of Equality Act 2010) Act 2023

Employment Rights Bill

Employment Rights Bill – Explanatory Notes

TUC poll on sexual harassment, bullying and verbal abuse at work (May 2023)

TUC research on tackling and preventing sexual harassment (2022)

Fawcett Society: Tackling sexual harassment in the workplace: recommendations for employers (2021)

19th research on disability and sexual violence in the workplace (September 2023)

Work Couch episode: Avoiding the pitfalls of social washing, with Kelly Thomson

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In the first of a two-part series, host Ellie Gelder is joined by Jon Bartley, partner and Helen Yost, senior associate, both from our data advisory team to discuss data protection compliance in the employment context, and how to successfully navigate the key risk areas. We discuss:

• Why data protection is such a hot topic for employers now;
• Examples of particularly significant enforcement in relation to employee data;
• Overview of the key data protection principles;
• Sensitive/special category data in the employment context;
• Data protection in recruitment and during the employment life cycle; and
• What's in the pipeline for data protection compliance?

Data Download

Our Data and Privacy Group will be hosting our exclusive conference, Data Download, on 27 February 2025, with sessions from 2pm. The RPC specialist data teams and the ICO will examine key data protection challenges, from compliance to managing cyber incidents and disputes. Attendees will gain practical insights through an immersive case study, hear directly from Padi Dolatshahi, Principal Lawyer at the ICO, and explore upcoming developments in 2025—all while networking with leading professionals in the field. For further details and to RSVP, please click here. 

To stay up to date with all the latest in data protection law, please subscribe to our monthly newsletter Data Dispatch.

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The Work Couch is not a substitute for legal advice.

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We kick off Season 3 with a look ahead to 2025, we will explore the employment law changes on the horizon as well as what you can be doing to prepare.

Ellie Gelder is joined by Kelly Thomson, partner and RPC's ESG lead, and trainee solicitor in our employment team, Mimosa Canneti, to discuss:

Strengthened trade union rights proposed by the Employment Rights Bill, including those relating to:

• Blacklisting;
• Strike action;
• Rules for statutory union recognition;
• Access rights; and
• Informing employees of their right to join a union

Extension to time limits for bringing employment tribunal claims

Creation of a Fair Work Agency to enforce certain rights

Other changes on the horizon

To hear more about the reforms proposed by the Employment Rights Bill, including unfair dismissal protection, flexible working, "fire and rehire" restrictions and much more, listen to our previous episode 

click here with partner and head of RPC's Employment, Engagement and Equality team Patrick Brodie.

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The Work Couch is not a substitute for legal advice.

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Content warning: The following content deals with some challenging themes around disability discrimination.

Given the theme of this year's Disability History Month is disability, livelihood and employment, the Work Couch takes a deep dive into disability inclusion at work in a three-part mini-series with actress, writer, broadcaster and disability rights campaigner, Samantha Renke.

In part three, which coincides with International Day of Persons with Disabilities, Sam talks to host Ellie Gelder about:

·     The business case for universal accessibility;

·     Adopting a joined-up approach to internal and external accessibility, for example in the retail sector;

·     Understanding the different types of barriers (physical, information and communication, and attitudinal);

·     Adopting a holistic approach to accessibility; and

·     Examples of effective accessibility and allyship at work.

You can also listen to previous episodes in the mini-series:

·     Disability inclusion at work (Part 1): The lived experience, with Samantha Renke

·     Disability inclusion at work (Part 2): Narratives, reasonable adjustments, and the business case for accessibility, with Samantha Renke

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To access further support or information, you may wish to visit Scope or Disability Rights UK.

We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

The Work Couch is not a substitute for legal advice.

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Content warning: The following content deals with some challenging themes around disability discrimination.

Given the theme of this year's Disability History Month is disability, livelihood and employment, the Work Couch takes a deep dive into disability inclusion at work in a three-part mini-series with actress, writer, broadcaster and disability rights campaigner, Samantha Renke.

In part two, Sam talks to host Ellie Gelder about:

·       problematic narratives around disability;

·       the financial pressures facing the disability community;

·       making reasonable adjustments for employees with disabilities;

·       unconscious bias and intersectional nuances; and

·       why disability inclusion should be a priority for the C-suite and business leaders.

Join us for the concluding part to this mini-series next week when we will look at what genuine accessibility at work looks like. You can also listen to Disability inclusion at work (Part 1): The lived experience, with Samantha Renke here.

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To access further support or information, you may wish to visit Scope or Disability Rights UK.

We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

The Work Couch is not a substitute for legal advice.

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Content warning: The following content deals with some challenging themes around disability discrimination.

Given the theme of this year's Disability History Month is disability, livelihood and employment, the Work Couch takes a deep dive into disability inclusion at work in a three-part mini-series with actress, writer, broadcaster and disability rights campaigner, Samantha Renke.

In part one, Sam talks to host Ellie Gelder about her own lived experiences and insights as a disabled woman living in a disabling world. She also shares her thoughts on the social, medical and legal models of disability, as well as the meaning of the terms ableism and disabilism, and how they can arise in everyday situations.

Join us for part 2 next week when we will look at the narrative around disability, the financial pressures facing the disability community, making reasonable adjustments, and why disability inclusion should be a priority for the C-suite and business leaders.

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To access further support or information, you may wish to visit Scope or Disability Rights UK.

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The Work Couch is not a substitute for legal advice.

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Handling disciplinary issues in the wrong way can lead to workplace conflict, legal risk and commercial headaches for employers. So what are the most tricky disciplinary issues that commonly arise, and how can employers navigate them?

Host Ellie Gelder is joined by Joanna Holford, senior associate in RPC's employment, engagement and equality team, who shares her top tips on handling the following disciplinary issues:

·     The employee raises a grievance partway through the disciplinary process.

·     The employee commences a period of sickness absence during the disciplinary process.

·     Adjusting the disciplinary process for an employee who has a disability.

·     The alleged behaviour is out of character for the employee concerned.

·     The disciplinary allegations involve a criminal element.

·     Refusal by the employee to cooperate with the employer’s disciplinary process.

·     Reluctant or uncooperative witnesses in a disciplinary investigation.

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The Work Couch is not a substitute for legal advice.

References

ACAS code of practice on disciplinary and grievance procedures

ACAS guidance

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On 10 October 2024, 100 days - or thereabouts - since Labour gained power, the government published the first draft of the Employment Rights Bill, a Bill which businesses and employment lawyers have been eagerly anticipating, and which commentators are saying heralds the most significant and far-reaching reform to employment rights in over 40 years.

We await further detail on how each of the employment law reforms (28 in total) will operate in practice, and we expect the Bill to evolve and alter as it progresses through parliament and enters the consultation phase. However, to provide an initial overview of seven of the most ground-breaking reforms, host Ellie Gelder is joined by Patrick Brodie, partner and head of RPC's employment, engagement and equality team.

They discuss:

·     Removal of the two-year qualifying period for ordinary unfair dismissal protection;

·     Requiring employers to allow flexible working "where practical";

·     Changes to employer liability for harassment of its employees, including amendments to the forthcoming new proactive duty to prevent sexual harassment of employees during the course of their employment, which is coming into force on 26 October 2024;

·     New restrictions on employers using "fire and rehire" measures to impose detrimental changes to employees' terms and conditions;

·     Widening the scope of the collective redundancy consultation obligations set out in s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992;

·     Family-focused reforms, including changes to eligibility for paternity leave, ordinary parental leave, statutory sick pay and bereavement leave; and

·     Complex reforms to the law on zero hours contracts and guaranteed working hours.

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The Work Couch is not a substitute for legal advice.

References

Employment Rights Bill

Employment Rights Bill: Explanatory Notes

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Welcome to The Work Couch, the podcast where we discuss all things employment.

As we celebrate Black History Month, the theme of which this year is reclaiming narratives, and as we also approach Baby Loss Awareness Week, the Work Couch is devoting a special episode to a very important but perhaps rarely discussed topic: black maternal experiences and the impact on employees and their families.

Guest host, Shanice Holder, associate in our professional and financial risks team and member of our ethnicity community, is joined by Tinuke Awe and Clo Rebecca Abe from charity Five X More, named after the MBRRACE report, which in 2018 found that black women are five times more likely to die in childbirth than white women. This shocking and heartbreaking statistic drove Tinuke and Clo to found their charity to campaign for better maternal outcomes for black women and birthing people. And also joining the conversation, Tonye Alagoa, associate in RPC's risk and compliance team, who shares his experiences as the partner of a black woman.

They discuss:

·     Commonly reported experiences of black women during pregnancy, labour and the post-natal period;

·     The complex and multi-faceted reasons behind the statistics, including the role of stereotypes, systemic issues, gaps in knowledge, and misinformation;

·     How black women and their partners can prepare to advocate effectively during the pregnancy, labour and afterwards;

·     How employers can support colleagues affected by these issues; and

·     The importance of raising awareness across the workforce and creating safe spaces for people to talk about their experiences.

To access further support and information, you may wish to visit: Five X More, AIMS or Birthrights.

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In the concluding part of our mini-series, we discuss how employers can implement effective neuro-inclusion at each stage of the employment life cycle. Host Ellie Gelder is joined by Russell Botting, neuro-inclusion services director and Steve Hill, chief commercial officer, who are both from Auticon, and RPC's own Victoria Othen, who is a consultant lawyer in our employment, engagement and equality team.

We discuss:

·        Why neurodiversity is so important to the C-suite and to an organisation's commercial success and ESG strategy;

·        Practical ways of fostering a neuro-inclusive culture at work, for example inclusion passports during the onboarding process;

·        Talent attraction, interview techniques and training for interviewers;

·        Adjusting performance criteria and sickness absence triggers;

·        Examples of effective wellbeing measures to support neurodivergent colleagues;

·        Coaching and transitional support on promotion; and

·        Neuro-inclusive reorganisations.

You can listen to previous episodes of our mini-series on Neurodiversity at work  here (Part 1: Myths, misconceptions and the lived experience) and here (Part 2: The law, HR considerations and wellbeing). 

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In part two, host Ellie Gelder is joined by Kelly Thomson, partner and RPC's ESG strategy lead, and Victoria Othen, consultant employment lawyer at RPC, to discuss the legal, HR and wellbeing considerations in relation to neurodiversity at work.

Looking at each stage of the employment life cycle, we discuss:

·       Neurodivergence and the legal definition of disability;

·       How different types of disability discrimination may arise;

·       Recruitment and the duty to make reasonable adjustments for neurodivergent applicants;

·       How performance management can trigger legal risks;

·       The interplay between neurodivergence and mental health;

·       Promotion and progression of neurodivergent talent and potential challenges; and

·       Managing a reorganisation where neurodivergent workers are at risk of redundancy.

Join us for part 3 next week when we will look at how to implement effective neuroinclusion at work. And if you missed Neurodiversity at work (Part 1): Myths, misconceptions and the lived experience, you can listen here.

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In part one, we explore the lived experience of neurodivergence and dispel some common myths and misconceptions. Host Ellie Gelder is joined by a panel of four special guests: Ashlea Cromby and Tracey West of Auticon, Alice de Coverley of 3PB Chambers and RPC's own Victoria Othen (further details below).

We discuss:

• Terminology;
• The challenges of gaining a diagnosis;
• Associated difficulties post-diagnosis – in Alice's words: "It's like learning the plot twist at the end of the book and then re -reading that book with a new and fresh understanding of who you are and who you have always been";
• How neurodivergence affects a person's day-to-day experience at work;
• Masking neurodevelopmental conditions;
• Requesting reasonable adjustments and examples of supportive measures; and
• How our guests perceive the interaction between neurodivergence and disability.

Our panel

• Ashlea Cromby, neuroinclusion advisor and Tracey West, careers coach, from Auticon, a global IT consulting business and social enterprise that exclusively employs adults on the autism spectrum in permanent roles as IT consultants.
• Alice de Coverley, specialist education equality and public law barrister from 3PB Chambers. As an ADHDer herself, Alice is treasurer and trustee of Neurodiversity in Law. She's passionate about advancing the representation of all neurodivergent lawyers and recently won the Legal 500 ESG 2024 Disability Neurodiversity Bar Champion of the Year Award. 
• RPC's own Victoria Othen, employment law consultant who frequently advises employers on disability discrimination claims, an increasing number of which involve neurodivergence. 

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Welcome to The Work Couch, the podcast where we discuss all things employment.

In our first live episode, recorded before a special audience, we were thrilled to kick off the British Retail Consortium's second annual diversity and inclusion conference held in partnership with RPC.

Host Ellie Gelder was joined by three inspirational guests:

·     Trevor D Sterling, Senior Partner at Moore Barlow, first black Senior Partner in a top 100 UK law firm and founder of social mobility platform U-Triumph;

·     Tskenya-Sarah Frazer, Entrepreneur, Author and Diversity & Inclusion Consultant, Founder and CEO of TSKENYA Footwear and Pride of Britain award winner; and

·     Mark Ash, who from being unable to read or write, to sleeping rough after over a decade of addiction, now supports others as a Lived Experience Coordinator at Forward Trust.

For some highlights of the conversation, including our guests' lived experiences of social barriers to employment, how to overcome those barriers, and their key takeaways for employers and colleagues, watch these short videos:

·     The Work Couch Live 2024 - Lived experiences of social barriers to employment - https://vimeo.com/989588843/768de7f6cf?share=copy

·     The Work Couch Live 2024 - How to overcome social barriers to employment - https://vimeo.com/989588881/d918cfbe6c?share=copy

·     The Work Couch Live 2024 - Key takeaways for employers and colleagues - https://vimeo.com/989588890/9bb0a24d2e?share=copy

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All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

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Following on from our previous episode on supporting and retaining senior talent, we explore how employers can best support and retain Gen Z talent.

In part 2, Ellie Gelder is joined once again by Rose Sellman-Leava, Director and Co-Founder of Inclusive Futures, a not-for-profit organisation empowering students from underrepresented groups and disadvantaged backgrounds to enter careers which are right for them, and RPC's Laura Verrecchia, trainee solicitor and resident Gen Z member of the Employment Engagement and Equality team.

We discuss:

·     The impact of the Covid-19 pandemic on Gen Z talent and how employers can support them overcome these challenges;

·     The importance of work-life balance and flexible working;

·     How to provide and receive constructive feedback;

·     Navigating generational differences in communication styles and preferences; and

·     Mental health and wellbeing in relation to Gen Z.

You can also listen to part 1 of our mini-series: Supporting and retaining Gen Z talent (Part 1): Myths and opportunities, with Rose Sellman-Leava and Laura Verrecchia.

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Following on from our previous episode on supporting and retaining senior talent, we explore how employers can best support and retain Gen Z talent.

Ellie Gelder is joined by Rose Sellman-Leava, Director and Co-Founder of Inclusive Futures, a not-for-profit organisation empowering students from underrepresented groups and disadvantaged backgrounds to enter careers which are right for them, and RPC's Laura Verrecchia, trainee solicitor and resident Gen Z member of the Employment Engagement and Equality team.

In part one, we discuss:

·     Common myths and misconceptions associated with Gen Z workers;

·     How employers can future-proof their organisation for the next generation;

·     Attracting Gen Z talent, including flexible working, social and environmental sustainability, and technology;

·     Neurodivergence and mental health; and

·     How a Gen Z values-based working environment can benefit the whole workforce.

Join us again for part two, when we will discuss work-life balance, communication, and wellbeing in relation to Gen Z talent.

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All information is correct at the time of recording. 

We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

The Work Couch is not a substitute for legal advice.

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In our concluding part, host Ellie Gelder is joined once again by two leading experts on AI and the world of work: Jake Wall, policy manager for skills and future of Work at techUK, and Patrick Brodie, partner and head of RPC's employment, engagement and equality team. We discuss:

·       Integrating emotional intelligence into AI systems, especially in sensitive workplace environments;

·       The question of whether AI can help humans be more emotionally intelligent and the potential pitfalls;

·       How AI may impact employees' wellbeing and work-life balance;

·       Increasing importance for leaders to demonstrate empathy and respect; and

·       Jake and Patrick's top tips to strike the right balance of complying with existing employment laws and harnessing the benefits of AI technologies.

You can also listen to previous episodes in our AI mini-series: AI (Part 1): Impact on litigation, responsible use, and the regulatory landscape, with Olivia Dhein and Joshy Thomas and, also with Jake and Patrick: AI (Part 2): Privacy, bias and discrimination.

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All information is correct at the time of recording. For further information, please take a look at RPC's AI guide.

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The Work Couch is not a substitute for legal advice.

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In part two, host Ellie Gelder is joined by two leading experts on AI and the world of work: Jake Wall, policy manager for skills and future of Work at techUK, and Patrick Brodie, partner and head of RPC's employment, engagement and equality team. Jake and Patrick share their insights on the interplay between AI and employment law, including:

·     Background and purpose of the TUC's AI Bill;

·     Impact of AI on jobs and skills and the importance of AI competence in the legal sector;

·     AI ethics policies and impact assessments;

·     Bias and discrimination risks in recruitment;

·     Opportunities for AI to remove human biases; and

·     Potential legal challenges in relation to employee rights and AI.

You can also listen to part 1 of our AI mini-series: AI (Part 1): Impact on litigation, responsible use, and the regulatory landscape, with Olivia Dhein and Joshy Thomas

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All information is correct at the time of recording. For further information, please take a look at RPC's AI guide.

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In part one, host Ellie Gelder is joined by two of RPC's resident experts on AI: Olivia Dhein, knowledge lawyer in our commercial and banking litigation team, and Joshy Thomas, IP and Tech knowledge lawyer. Olivia and Joshy share their insights on AI's impact on litigation, how best to use it responsibly, and the regulatory landscape, including:

·     How AI is affecting litigation, including legal submissions, witness statements, legal analysis and e-discovery;

·     Fake case citations and the recent case of Harber v HMRC [2023] UKFTT 1007;

·     Regulatory considerations, including the EU AI Act and potential regulation in the UK;

·     Diversity and inclusion and the risk of under-representation in AI discussions; and

·     How AI could increase accessibility to legal advice.

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All information is correct at the time of recording. For further information, please take a look at RPC's AI guide.

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The Work Couch is not a substitute for legal advice.

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We discuss:

·     The purpose of mental health first aid in the workplace;

·     How senior leaders play a critical role in implementing mental health first aid;

·     Key preliminary steps to take before rolling out mental health first aid;

·     The role of a mental health first aider and what it does not include;

·     How to prepare a mental health first aider for their role and ensuring they have appropriate support; and

·     The positive impact of mental health first aid at work and outside work.

You can listen to previous episodes in our mental health mini-series:

Part 1: Mental health at work: turning despair into hope, with Jonny Benjamin MBE

Part 2: Implementing effective mental wellbeing measures, with Neil Laybourn

Part 3: Protecting your employees' digital wellbeing, with Alice Hendy MBE

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To access further support on mental health, you may wish to visit: the Samaritans, Mind, or Rethink. Or you can use the text service from Shout on 85258.

We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. 

The Work Couch is not a substitute for legal advice.

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We discuss:

·     Alice's own experiences of losing her 21 year old brother Josh to suicide and her subsequent discovery that he had viewed severely harmful content online;

·     How Alice founded R;pple in Josh's memory and devised a pioneering digital tool that intercepts searches for harmful content online;

·     The significant role that harmful content is now playing in some suicides;

·     Effectively signposting people to free mental health support;

·     The impact that R;pple has had and how it has saved lives; and

·     How employee privacy and data is protected when using R;pple.

You can listen to previous episodes in our mental health mini-series:

Part 1: Mental health at work: turning despair into hope, with Jonny Benjamin MBE

Part 2: Implementing effective mental wellbeing measures, with Neil Laybourn

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To access further support on mental health, you may wish to visit: the Samaritans, Mind, or Rethink. Or you can use the text service from Shout on 85258.

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The Work Couch is not a substitute for legal advice.

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Like Jonny (who Ellie spoke to in part 1 "Turning despair into hope"), Neil is a passionate mental health advocate and now runs his own consultancy, helping employers to implement end-to-end employee mental health programmes.

We discuss:

·       Neil's 30-minute conversation with a stranger on a bridge that sparked a remarkable friendship and a shared determination to champion better mental health support;

·       Challenges and barriers for businesses in supporting their people's mental health;

·       Hybrid working and mental health;

·       Removing negative working practices to help create a psychologically safe workplace culture, for example the Mindful Business Charter;

·       Factors to take into account when implementing mental wellbeing support measures;

·       The business case for better mental health support at work; and

·       How to engage under-represented communities in implementing your organisation's mental wellbeing programme.

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

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The Work Couch is not a substitute for legal advice.

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We discuss:

·       Jonny's experience of mental illness;

·       How a stranger on a bridge changed his life forever;

·       Jonny's work to champion mental health, especially among young people;

·       The importance of support for relatives;

·       The power of listening without judgment; and

·       How colleagues can effectively support someone at work who is struggling with their mental health.

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To access further support on mental health, you may wish to visit: the Samaritans, Mind, or Rethink. Or you can use the text service from Shout on 85258.

We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. 

The Work Couch is not a substitute for legal advice.

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In part 3 of our mini-series on whistleblowing, Ellie Gelder is joined by Sybille Raphael, legal director at whistleblowing charity Protect, to run through the five key challenges in the world of whistleblowing for employers to tackle in 2024 and beyond. We discuss:

·     How whistleblowing legislation may change in the future to reflect the shift in the types of wrongdoing at work that workers are reporting today;

·     The increasingly pivotal role that whistleblowing plays in relation to a business's ESG obligations and associated risks, including greenwashing and social washing;

·     Whether AI will help or hinder whistleblowing, including potential risk areas and opportunities;

·     Why some people are more or less likely to speak up than others, including a possible connection between certain neurodivergent conditions and whistleblowing;

·     How whistleblowing can help employers to comply with their legal and regulatory duties to protect employees from bullying and harassment at work; and

·     The impact of the Economic Crime and Corporate Transparency Act 2023 (the first UK anti-SLAPPS law), and the extent to which this applies to whistleblowing.

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. 

The Work Couch is not a substitute for legal advice.

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In this week's Work Couch podcast episode, Ellie Gelder is joined by Charlotte Reid, senior associate in RPC's Employment, Engagement and Equality team and Eleena Misra KC, of Old Square Chambers, to explore how employers can respond appropriately to a colleague who is affected by addiction, while at the same time also ensuring that the safety of others are protected, and business interests are preserved.

We discuss:

·     The importance of considering why a person may have an addiction or dependency;

·     Factors to take into account when responding to a situation where a person's addiction is impacting their work or others;

·     How addiction, in certain situations, could form the basis of a disability discrimination claim;

·     Making reasonable adjustments, where appropriate;

·     Employment tribunal cases involving alleged misconduct due to alcohol or drugs; and

·     Helping employees open up about their addiction or dependency in a "safe space".

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To access further support on addiction, you may wish to visit: With You, (formerly known as Addaction), GamCare, or Talk to Frank.

We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. 

The Work Couch is not a substitute for legal advice.

Hosted on Acast. See acast.com/privacy for more information.

In part 2 of our mini-series on whistleblowing, Ellie Gelder is joined by Sybille Raphael, legal director at whistleblowing charity Protect, to explain how employers can approach whistleblowing complaints proactively and effectively. We discuss:

·       The reasons why employees don't speak up about wrongdoing at work, and how to foster a "speak up" culture;

·       Protecting whistleblowers from victimisation;

·       The shifting perceptions of whistleblowers, and how the nature of complaints has changed over the last decade;

·       How the employer's approach to whistleblowing will differ to its approach for grievances;

·       Balancing the duty of confidentiality to both the whistleblower and to the subject(s) of the complaint; and

·       Using whistleblowing reporting as a positive tool to achieve wider commercial goals.

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. 

The Work Couch is not a substitute for legal advice.

Hosted on Acast. See acast.com/privacy for more information.

Host Ellie Gelder is joined by two champions for social inclusion, James Fellowes and Chance Bleu-Montgomery from Bridge of Hope, a pioneering organisation that matches job-ready candidates from a pool of untapped talent, who face various social barriers to employment, with inclusive recruiting employers.

We discuss:

·     James and Chance's contrasting lived experiences of social exclusion and unemployment;

·     Social barriers to employment and the unique qualities that disadvantaged or system-impacted people can offer to employers;

·     The role of empathy in inclusive hiring;

·     Real-life examples of how organisations are adapting their recruitment processes to identify and attract untapped talent;

·     How inclusive hiring can generate more social value than other social impact initiatives;

·     Inclusive hiring through the commercial lens, including how it can help secure pitches, attract and retain the best talent, as well as boost productivity and brand perception; and

·     How the benefits of social mobility and inclusive hiring extend beyond the individual candidate to their family and wider communities.

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. 

The Work Couch is not a substitute for legal advice.

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Ellie Gelder is joined by Kelly Thomson, partner and RPC's ESG lead, to explore the issue of social washing, including:

·     What the "S" in ESG means, how far it extends, and how it overlaps with the "E" (environmental) and the "G" (governance);

·     The conflicting commercial drivers for businesses to engage with today's pressing social concerns;

·     The concept of social washing and examples of how it can arise;

·     Potential commercial risks of social washing;

·     The links between social washing and greenwashing;

·     Future trends in respect of regulatory scrutiny and stakeholder focus on a business's social engagement and accountability; and

·     Key anchor points to bear in mind when engaging with a social issue to reduce the risks of social washing.

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. 

The Work Couch is not a substitute for legal advice.

References

1.    United Nations Foundation: Sustainable Development Goals

2.    Article by Harvard Business Review "Woke-washing your company won't cut it" (27 July 2020)

3.    Research by Kantar Mistrust and rejection: The impact of greenwashing and social washing on brands (9 November 2023)

4.    Research by RepRisk on the link between social washing and greenwashing (3 October 2023)

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Whistleblowing commonly features in today's top news stories, recent examples including the Post Office and Horizon dispute, and the harrowing Lucy Letby case. It's also a notoriously complex, and sometimes misunderstood, area of employment law, which can present challenges for line managers, HR teams and business leaders.

In part 1 of our mini-series on whistleblowing, Ellie Gelder is joined by consultant employment lawyer Victoria Othen to take us on a whistlestop tour of the law and explain:

·     How whistleblowing can arise in the work context;

·     The shift in how whistleblowing at work is perceived;

·     How whistleblowers are protected at work;

·     The legal elements required to make a "protected disclosure";

·     How "in the public interest" is defined; and

·     Potential remedies in the event of a successful employment tribunal claim and other commercial implications.

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. 

The Work Couch is not a substitute for legal advice.

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This week, Ellie Gelder is joined by Emma Cusdin, director at Global Butterflies, champion for trans and non-binary rights, and award-winning role model in the business sector for LGBTQ+ people.

Drawing on Emma's lived experience as an openly trans woman and her 30 plus years' experience of working in HR, she shares her expertise on how we can all be good allies to trans and non-binary colleagues. We discuss:

• Terminology and dispel some of the myths around the trans and non-binary community;
• Using pronouns, titles and the importance of respecting people's names;
• The unique challenges experienced by trans and non-binary people in their day-to-day lives;
• How managers and colleagues can best support someone who is, or who is about to embark, on their transition journey;
• Common barriers to trans-inclusion, including the fear of "getting it wrong";
• How to be an effective ally at work and outside work; and
• Emma's top tips to create a genuinely trans-inclusive culture for your organisation's workforce, customers, prospective employees, suppliers and stakeholders.

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. 

The Work Couch is not a substitute for legal advice.

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We kick off season 2 with a look ahead to 2024 and discuss five key employment law changes and HR trends on the horizon. 

Ellie Gelder is joined by Kelly Thomson, partner and RPC's ESG lead, to explain how HR professionals and business leaders should start preparing now for the following:

·     Redundancy protection extending to pregnant employees and those returning from maternity leave and other family-related leave;

·     Leave for carers;

·     Changes to employers' duties under the Equality Act 2010 to prevent sexual harassment at work;

·     Increased regulatory focus and scrutiny on diversity, equity, inclusion and belonging in certain sectors; and

·     New rates of statutory minimum wages and changes to the national living wage.

Kelly also highlights other HR trends and developments to monitor in 2024.

Listeners may also be interested in our Christmas special where we explore 12 key employment law developments of 2023, which will remain relevant in 2024, including: changes to the right to request flexible working, TUPE consultation, and holiday pay.

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. 

The Work Couch is not a substitute for legal advice.

Hosted on Acast. See acast.com/privacy for more information.

In our feature-length Christmas special, we give you the download on 12 important employment law and HR development from the year of 2023. Essential listening for those of you who need to catch up on the many changes in the last 12 months.

Ellie Gelder is joined by Patrick Brodie, partner and head of RPC's Employment, Engagement and Equality team, Kelly Thomson, partner and RPC's ESG lead, Charlotte Reid, senior associate and Victoria Othen, consultant.

We discuss the following topics and explore the impact on employers, and the key actions to take. Please note the time stamps so you can easily navigate to the topics relevant to you:

1.    [2:14] Recovery of holiday underpayments and the Supreme Court's decision in Chief Constable of the Police Service of Northern Ireland and another v Agnew and others [2023] SC 33;

2.    [5:33] Increasing focus by HR and regulators on conduct in the workplace, following various high profile cases of toxic workplace culture and sexual misconduct in the workplace;

3.    [9:42] The potential repeal to the ban on employers using agency workers during strike action;

4.    [12:12] Changes to the law on flexible working requests;

5.    [16:00] Dealing with gender-critical beliefs and the EAT decision in Higgs v Farmor's School [2023] EAT 89;

6.    [20:58] Reforms to holiday pay calculations for part-time workers and those with irregular hours;

7.    [23:45] TUPE and changes to the rules on consultation with affected employees;

8.    [27:01] AI and its impact on the workforce;

9.    [32:43] Menopause support at work, and the case of Rooney v Leicester City Council;

10. [38:19] Dismissal and re-engagement and the incoming code of practice;

11. [43:19] Industrial action and minimum service levels; and

12.[47:03] Employment status and collective rights, and the recent Supreme Court decision in Independent Workers Union of Great Britain v Central Arbitration Committee and Roofoods Ltd t/a Deliveroo [2023] SC 43

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We hope you enjoyed this episode. If you did, please subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

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.

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As we mark Baby Loss Awareness Week, in part 2 of our mini-series on pregnancy loss, we look at the practical ways in which businesses can support their people who are affected by pregnancy loss.

With around 20 to 25% of all pregnancies sadly ending in miscarriage, we will either experience pregnancy loss ourselves or know someone who is affected. While everyone's experience is unique to them, pregnancy loss can adversely affect a person's physical and mental wellbeing and the return to work can be especially difficult.

So how can employers, managers and colleagues best support people affected by pregnancy loss? Ellie Gelder talks to Vicki Robinson, deputy director at The Miscarriage Association, about:

What the term "miscarriage" means and the different types of pregnancy loss;

• Recognising the impact on non-child bearing partners and those who were expecting a baby via a surrogate;
• Progress of The Miscarriage Leave Bill;
• Why support at work is so important;
• How to help someone who is starting to experience a loss at the workplace;
• The impact on mental health;
• Practical measures to support people, including signing up to The Miscarriage Association's Pregnancy Loss Pledge; and
• The key dos and don'ts of pregnancy loss support.

If you would like to find out more about pregnancy loss, you can access further guidance and support from The Miscarriage Association, Tommy’s Miscarriage Information and Support or Antenatal Results and Choices.

References

1. Miscarriage and ectopic pregnancy may trigger long-term post-traumatic stress (2020 article by Imperial College London reporting on research published in American Journal of Obstetrics and Gynaecology)

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.

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However well-planned your redundancy process is, there are a number of issues that can really throw a spanner in the works: from employees submitting grievances or making data subject access requests, to historical underperformance issues that haven’t been dealt with properly.

So how do employers tackle these thorny issues?

Ellie Gelder talks to Charlotte Bray, associate in RPC's Employment, Engagement and Equality team, about:

• How the law defines a "genuine" redundancy situation and why the legal definition is so important;
• What a fair redundancy procedure looks like;
• Collective redundancy consultation obligations;
• Discrimination risks, whistleblowing and legacy rights;
• Dealing with data subject access requests submitted during the redundancy process;
• A hypothetical scenario involving an underperforming employee who is selected for redundancy: What are the red flags? What should the employer have done differently?
• Protecting people's wellbeing throughout a redundancy process and bearing in mind the potential impact on mental health; and
• Key practical takeaways for employers embarking on a redundancy process.

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.

We will all, unfortunately, experience bereavement at some stage in our lives, but how does this impact our working lives and what can employers do to support colleagues who have lost a loved one?

Ellie Gelder is joined by Rosie Gill-Moss, host of the WidowedAF podcast, and Victoria Othen, consultant at RPC and part-time employment judge, to discuss:

·      Rosie's own experience of becoming a widow at a young age and the impact on her wellbeing;

·      What grief looks like and the fact that grieving is not a linear process;

·      The practicalities of "death admin" and how employers can help bereaved employees manage the practical tasks when someone dies;

·      What to say, and what not to say, to someone on their return to work following their bereavement;

·      The importance of recognising that a person's caring responsibilities may have increased as a result of the bereavement; and

·      What the law says about time off for different types of bereavement, including: compassionate leave, parental bereavement leave, and whether such time off is paid or unpaid.

To access further support on grief and bereavement you may wish to visit: Cruse Bereavement Support, At a Loss, The Good Grief Trust, Widowed and Young, Holding On Letting Go, and the Government's Tell Us Once service.

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.



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Since the pandemic prompted a major shift in how we work, there have been growing calls to boost the support for employees who are balancing work with their caring commitments. So what reforms might we see in the near future?

Ellie Gelder is joined by Joanna Holford, senior associate at RPC, to discuss potential changes to the law around time off and other important protections for parents, surrogates and carers. Jo explains what's in the pipeline for:

·       statutory paternity leave;

·       statutory shared parental leave;

·       time off and pay for surrogates and employees expecting babies born via a surrogate;

·       redundancy protection for pregnant employees and those returning from maternity leave;

·       neonatal leave and pay; and

·       carers' leave.

Jo also highlights how these proposals could bring benefits to employers, as well as employees.

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.

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In part 2 of our series on fertility challenges and work, Ellie Gelder is joined once again by partner Jonathan Crompton in RPC's Hong Kong office to explain how businesses can implement effective support for employees who are experiencing fertility challenges. Jonathan discusses:

• The importance of actively implementing and communicating policies on fertility treatment and pregnancy loss, ensuring language and terminology used is sensitive and inclusive;
• Signposting employees to external resources for further support and information;
• Encouraging conversations at work to remove the stigma around fertility and raise awareness across the whole workforce;
• Arranging access to a fertility coach to guide employees on their fertility journeys and provide advice and information;
• Appointing internal fertility officers, who have themselves experienced fertility challenges, to provide employees with confidential support and advice on practical issues, such as requesting time off and who needs to know what; and
• The dos and don’ts of what to say to a colleague who has experienced pregnancy loss or fertility challenges.

If you would like to find out more about fertility issues or pregnancy loss, you can access further guidance and support from Fertility Network UK, The Miscarriage Association or Tommy’s Miscarriage Information and Support. For support and information on endometriosis, please visit Endometriosis UK.

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.

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With the World Health Organisation reporting that around 17.5% of the adult population experience infertility, this week we are shining a light on those challenges and in particular, how fertility issues can affect someone at work and what businesses can do to support people.

In part 1 of our series on fertility challenges and work, Ellie Gelder is joined by partner Jonathan Crompton in RPC's Hong Kong office to explore the impact that fertility issues can have on a person's wellbeing and working life. Jonathan explains:

• His own fertility journey and how this has affected his wellbeing and working life as a lawyer;
• How fertility challenges and pregnancy loss can impact the non-childbearing partner;
• Why, according to research by Fertility Family, more men than women would rather call in sick than tell their employer they're going to a fertility appointment;
• Changing the language and terminology around fertility so that it is not perceived as something "elective" or a "women-only" issue;
• The importance of vulnerability, especially among business leaders, in opening up the conversation around fertility; and
• How the legal profession, and others, should raise awareness of the issue across their workforce and enable a better understanding of the risks of delaying starting a family.

In part 2 next week, Jonathan will explain how businesses can implement effective support for people affected by fertility challenges, including: fertility treatment policies, providing fertility coaches to help people navigate their fertility journeys, and appointing internal "fertility officers" as a source of support and advice for colleagues.

If you would like to find out more about fertility issues or pregnancy loss, you can access further guidance and support from Fertility Network UK, The Miscarriage Association or Tommy’s Miscarriage Information and Support. For support and information on endometriosis, please visit Endometriosis UK.

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.

In the second part of our mini-series on business protection, we explore how businesses can support and retain their senior talent. Ellie Gelder is joined by two age inclusion champions: Liz Gray, who heads up EY’s support for retiring partners, and Simon Long, growth director at 55 Redefined, an organisation that supports the over 50s and advocates for age diversity, positivity and inclusion across all areas of life. They discuss:

• The business case for age inclusion, in particular for those aged over 50;
• How EY is supporting its partners well before their retirement to explore other opportunities, including mentoring the next generation, getting involved with charitable causes, or broadening their hobbies and passions outside work;
• Simon's personal experience of age exclusion, the impact on his wellbeing and how 55 Redefined is helping businesses to become age inclusive employers;
• Gaining buy-in from senior stakeholders to embed an age-friendly approach and raising awareness through lived experiences, data and mentoring;
• The importance of flexibility in achieving an intergenerational workforce;
• How AI will affect age inclusion in the future and the opportunities it presents; and
• Challenges and opportunities for the legal sector in adopting an age-inclusive approach.

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.

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In part two of our mini-series on TUPE (transfer of undertakings and protection of employment), we explore the TUPE journey itself, including the practicalities of the due diligence exercise, as well as the obligation to inform and consult with affected employees. We also provide our "golden rules" on how to engage effectively with those people who are affected by a TUPE transfer.

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

• What employee liability information must be provided to the transferee, and when;
• Informing and consulting affected employees in a sensitive, reasonable and sympathetic way;
• When transferors can consult directly with individual employees, rather than employee representatives;
• The government's proposal, as part of its policy paper "Smarter Regulation to Grow the Economy", to remove the current requirement to elect employee representatives for certain qualifying transfers;
• Consequences of failing to inform and consult and associated liabilities; and
• How the obligation to inform and consult on a TUPE transfer interacts with any related collective redundancy consultation obligations.

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.

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With around 20 to 25% of all pregnancies sadly ending in miscarriage, we will either experience pregnancy loss ourselves or know someone who is affected. While everyone's experience is unique, people commonly report feelings of shock, grief and isolation which can be further compounded by work worries, for example how to tell their manager, or how much leave they are entitled to. These worries can adversely impact the affected employee's physical and mental wellbeing, work performance and morale.

So how does the law currently protect employees who experience pregnancy loss - and does it reflect expected work cultures? Ellie Gelder talks to employment law experts Charlotte Reid, senior associate at RPC, and Eleena Misra KC of Old Square Chambers about:

• Why pregnancy loss is such an important topic for employers;
• Charlotte's own experience of miscarriage and how it affected her at work;
• How the right to time off differs depending on the timing of the loss;
• The perspective of non-child-bearing partners;
• What legislative changes we might see on the horizon, specifically the progress of The Miscarriage Leave Bill; and
• Practical issues that might arise and how managers can deal with these sensitively and supportively.

If you would like to find out more about pregnancy loss, you can access further guidance and support from The Miscarriage Association or Tommy’s Miscarriage Information and Support.

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.

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.

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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.

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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.

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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.

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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.

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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.

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.

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.

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.