CPA Bulletin

46 CPA Bulletin > May 2023 www.cpa.uk.net LEGAL: 2 The Government has published a draft consultation Code of Practice that covers English, Welsh and Scottish employees who are dismissed, then re-engaged by the same employer, but under new (generally less favourable) terms of employment - commonly known as ‘fire and re-hire’. The Department for Business, Energy and Industrial Strategy (BEIS) had outlined within the Code: employer’s responsibilities when looking to amend employee’s terms and conditions, including the information being circulated to the workforce, as well as the consultation process. However, the Code acknowledges that the ‘fire and re-hire’ strategy is legal where there is a ‘real business need to do so’; but it encourages employers to initially take all reasonable steps to avoid dismissals in first instance. Members will be informed of further developments when they occur. Government publishes ‘Fire and Re-hire’ Code DfT Additional Guidance for HGV Drivers Doing ‘Other Work’ As a reminder from the Department for Transport (DfT), additional guidance has been produced on how HGV drivers should record the hours they spend when doing ‘other work’. The guidance outlines what needs to be recorded, and can be found at www.gov.uk/government/publications/drivers-hours-recording- of-other-work. Should it be required, further information on drivers’ hours can also be found in more detailed guidance at www.gov.uk/guidance/drivers-hours-goods-vehicles. Transport for London ( TfL ) Scrappage Scheme With the Ultra-Low Emission Zone (ULEZ) planned to be expanded across all London Boroughs from August, Transport for London (TfL) has introduced a scrappage scheme in January. The £110m scheme is to provide assistance to qualifying individuals and businesses which are sole traders or micro-businesses – with less than 10 employees. These classes of business can apply for grants of up to £9,500 to help replace vehicles that do not meet the ULEZ standard. For further information on the scheme, go to www.tfl.gov.uk/ modes//driving/ultra-low-emission-zone/ulez-expansion-2023 . The Worker Protection (Amendment of Equality Act 2010) Bill is currently progressing through parliament, and if it receives Royal Assent, it will hold employers liable for any harassment the employee suffers while performing their duties. Whether this harassment emanates from the employer’s customer (or their representative(s), or from a fellow employee, will leave the employer liable to a potential claim from the employee, unless the employer can show that they have taken ‘all reasonable steps’ to protect the employee from being harassed in this way. The Government has introduced a late exception to what qualifies as ‘harassment’ during genuine workplace meetings - a concern raised during one of the parliamentary debates - where it was felt that the employer could still be liable under the Bill’s parameters. The late amendment would not hold the employer liable for comments raised during a legitimate workplace meeting, provided that: “…the harassment is unintentional and stems from a discussion to which the employee is not a party or to speech which isn’t directed at them; people are discussing or expressing an opinion on a political, moral, religious or social matter; and the opinion isn’t directed at the employee and isn’t ‘indecent or grossly offensive’.” The amendment will not protect the employer in instances where an employee suffers sexual harassment or follows on from an employee refusing or submitting to sexual conduct. Members will be advised of any further developments when they occur. Employer Responsibilities in Proposed New Harassment Law