< Previous60 East Midlands Business Link www.eastmidlandsbusinesslink.co.uk LEGAL SERVICES recruitment right through to exit. Within that it describes what employers can expect from employees, what they can ask of employees, and employee rights at work – things such as working time, holiday entitlement and pay. Businesses also need to bear in mind what they can and can’t ask about its employees. Diversity in the workplace is to be celebrated, with safeguards in place such as the Equality Act – in which people of all race, genders, ages and sexualities are treated fairly – and job applications asking applicants to supply this information if desired. But employers must be mindful around issues of sexuality and gender, especially with the rise of trans visibility both in society and in the workplace. Equally as big a topic in recent years is sexual abuse and misconduct in the workplace which has entered a tipping point in the wake of #MeToo movement. As in all aspects of business law, employers must be cognizant of forthcoming changes and legislation so they can prepare and take steps to ensure compliance. Examples in recent years include the government’s new immigration policy which functions on a points-based system similar to the model used in Australia. Employers wanting to hire someone from Europe will need to 59-61.qxp_Layout 1 30/09/2021 13:13 Page 2www.eastmidlandsbusinesslink.co.uk East Midlands Business Link 61 LEGAL SERVICES © Shutterstock /Syda Productions comply with these new policies. Another change is the government’s plan to make any part of a termination payment over £30,000 subject to employer NIC. Although it was delayed from April 2018, it became law in April 2020. The Parental Bereavement (Leave and Pay) Act 2018 which became law in September 2019 came into effect last year. It gives employees who lose a child under the age of eighteen, or who suffer from a stillbirth from the twenty-fourth week of pregnancy, the right to two weeks leave as a ‘day one’ employment right. It will be pay the same statutory rate as other family friendly rights, such as maternity leave. There is much more than just employment law when it comes to legal services required by businesses. Intellectual property (IP) not only refers to products or services produced by a company, but that company’s identity. Solicitors specialising in IP can offer a range of services, whether that’s IP disputes or strategy, or management and protection for patents, trademarks, domain names and designs etc. There are three steps recommended by government in the event a company needs to defend its IP and take action if it’s being infringed. Firstly, a company is advised to get the other party to stop using their IP or come to an agreement, such as a license. Secondly, a company can use mediation or another type of dispute resolution, or, lastly, take legal action should these preceding steps fail. Advice can be sought from solicitors at any stage, though they are only legally required for the third. As IP disputes fall under injunction-based law, they must be handled by a specialist IP dispute lawyer supported by commercial litigation colleagues. Disputes are handled in separate courts whose rules and expectations have little in common with those of other courts, and IP disputes often involve associated contractual disputes and specialist applications requiring the input of commercial litigation colleagues into the team. IP infringement covers a wide variety of occurrences such as counterfeiting, to using a similar packaging design, or the appearance of trademarks and symbols that come close to existing branding. Where IP law refers to a company’s branding and products, data protection and privacy law issues have an impact on most HR activities from recruitment and employee record keeping, to performance monitoring and references. But it’s also becoming an increasingly hot topic in business with the rapid evolution of digital technology. Consequently, changes in legislation have occurred in order to keep up. In May 2018, General Data Protection Regulation (GDPR) came into force and replaced the previous Data Protection Act 1998. GDPR affects how organisations gather, store and use data and individual rights over access to information. Augmenting this legislation is the forthcoming ePrivacy Regulation which will provide greater regulation of electronic communications within the European Union. Once it comes into law, it will replace the EU’s existing ePrivacy and Electronic Communications Directive 2002 which was implemented in the UK back in 2003. Despite the European focus of the legislation, Brexit hasn’t had much of an effect. Experts say this is because UK companies will likely want to continue to do business in EU countries and will therefore adopt these regulations either fully or in part. The moral is that businesses will continue to face even more regulatory burden going forward and so they must be prepared. Solicitors can advise on a range of data protection laws – including preventing breaches and violations – but the onus is on business leaders to ensure they have a working understanding of their responsibilities and liabilities under data protection law and take the appropriate steps to ensure compliance. Solicitors can help to defend against allegations of unlawful data breaches, for example or, if a company has breached data laws, how best to handle and engage with the situation. When it comes to business law, it pays to be cautious – doubly so in the current climate. 59-61.qxp_Layout 1 30/09/2021 13:14 Page 362 East Midlands Business Link www.eastmidlandsbusinesslink.co.uk HOPKINS SOLICITORS Q&A ACAS published a report in May 2021 entitled ‘Estimating the Costs of Workplace Conflict’ estimating that workplace conflict costs UK employers £28.5 billion every year, an average of just over £1,000 for every employee. Workplace conflict can lead to staff stress, anxiety or depression which has a knock-on effect on productivity as well as the cost of sickness absences and resignations. The report shows that nearly half a million employees resign each year as a result of conflict and that handling disagreements and complaints early before employment relationships are damaged can help save businesses money. Danielle Wright and Patricia Redfearn, employment law specialists at Mansfield-headquartered Hopkins Solicitors, decided to publish the top questions they are most asked by employers in our region, in our current economic climate. They’ve given you their honest answers on how to best approach that question, situation, or problem taking into account your legal obligations as an employer. Do I need to provide every employee with a contract and a handbook? You are required to provide a contract of employment from day one to every employee. You don’t have to provide a handbook, but you do have to make sure that they can access a copy as and when they need to and tell them where they can access it. What happens if I forget to issue an employee with a contract and they put a claim in at the Tribunal? You will be forced to pay two-four weeks’ pay in compensation. This is a day one right and very important not only in terms of supporting you with enforcing the terms of the employment contract but to avoid paying out compensation later on. Can I extend an employee’s probation period and if so for how long? Yes, you can extend a probation period, provided that you have advised the employee from day one in their contract that they have a probation period and that you have the right to extend it. If you don’t clearly state the right, then you cannot do it later down the line. A typical extension would be three months and at most nine months, as this is sufficient time for the employee to show that they meet the required standards of the role. Do we have to follow a process to make an employee redundant who has been on furlough? In a nutshell, yes. There are caveats when an employee Q&A Hopkins Solicitors Danielle Wright, Associate Solicitor, and Patricia Redfearn, Chartered Legal Executive, Hopkins Solicitors Danielle Wright 62-63.qxp_Layout 1 30/09/2021 13:15 Page 1www.eastmidlandsbusinesslink.co.uk East Midlands Business Link 63 HOPKINS SOLICITORS Q&A has under two years’ service but other claims for discrimination and automatic unfair dismissal can arise. Communication is important. Can we make an employee work their notice period if they are made redundant? Yes. Of course, but you would need to obviously pay the employee. Just bear in mind how an employee working a notice period may conflict with saying there is no job. Grievance procedures are so time-consuming and too formal. How do we get round them? Try an informal chat approach and agree this with the employee first. But in the event matters aren’t resolved, a process will be needed to satisfy the ACAS Code. It is time consuming but protects you in the event of a claim. Compensation can be increased by up to twenty-five per cent for failure to follow the ACAS Code. We were able to let employees work from home during COVID. We had no choice. Does this now mean we have to agree all flexible working requests where an employee wants to work from home permanently? No. COVID has shown the advantages of home working for both parties. However, it was a temporary measure because of a unique set of circumstances. Do take any requests seriously. Follow the government guidance on how to deal with flexible working requests but ultimately there are genuine grounds to refuse a request. “Just because” someone has done it before does not mean you have to agree to it permanently. Can I ask employees to take annual leave? Yes, you can, provided that you give them twice the amount of notice in writing prior to the date you require the holiday to be taken. So, for example, if you want an employee to take 1 week, you will be required to give them at least two weeks’ notice. Do we have to pay employees for the additional holiday to commemorate the Queens Jubilee in 2022? As this is an additional day above that of the statutory eight bank/public holidays in the UK, it is at the company’s discretion whether you want to give your employees the day off and if you want to pay them for it. Remember if you choose to close your premises on a day when employees would normally work, you would be required to pay them for that day. WE’RE HERE TO help Please note the above answers are not intended to be legal advice. If you have any questions or need specific advice in relation to any Employment law query. HopkinsHR is an employment support package designed to give you and your business certainty and peace of mind that your Employment and HR queries will be taken care of in a friendly, client focused manner. If you would like to learn receive an information pack about the service or would like to discuss a free consultation and quotation with Danielle or Patricia, please contact them on 01623 468468 or hrsupport@hopkins-solicitors.co.uk. Patricia Redfearn 62-63.qxp_Layout 1 30/09/2021 13:15 Page 264 East Midlands Business Link www.eastmidlandsbusinesslink.co.uk WAREHOUSING AND DISTRIBUTION Meeting demand © Shutterstock /Pressmaster Meeting demand 64-67.qxp_Layout 1 30/09/2021 13:19 Page 1www.eastmidlandsbusinesslink.co.uk East Midlands Business Link 65 WAREHOUSING AND DISTRIBUTION The coronavirus crisis has led to a spike in consumer demand for everything from food, drink and consumer goods to home appliances. Not only has this placed greater stress on retailers, but also on the entire supply chain. Growers and producers have been forced to turn in longer hours and bolster production and capacity to keep up with demand. One of the industries that has keenly felt this rise is warehousing and distribution. Now, in the run up to Christmas in the second year of COVID, demand and driver shortages will likely lead to a severe lack of resource availability, leading to a spike in storage costs. As retailers and supermarkets significantly expand their storage and warehousing footprints, operators can take measures now to improve warehouse and distribution efficiencies, leading to time and cost savings, and avoid a repeat of last year. It’s critical for operators to regularly undertake warehouse assessments. This is a means of assessing whether one’s warehouse operation is productive and efficient in meeting both its operator’s needs and those of its customers. It’s a crucial step to identifying and instigating efficiencies as it’s almost impossible to improve 66 Á The increased demand placed on the warehousing and distribution sectors in the wake of the pandemic continues and, with the Christmas trading period rapidly approaching, and a dearth of drivers, operators need to act now to ensure they can meet this demand and avoid shortages. 64-67.qxp_Layout 1 30/09/2021 13:19 Page 266 East Midlands Business Link www.eastmidlandsbusinesslink.co.uk WAREHOUSING AND DISTRIBUTION something without first being able to measure it. There are five basic parts to any assessment. The first, and perhaps most obvious, is the walkthrough and observation of the operation. It’s a look- before-you-leap step, walking the facility floor right through to loading bays in order to identify inefficacies and where best to focus improvements. This is then followed by the second step of gathering data of necessary information and metrics, and the third of interviewing key staff members. This step is particularly prudent for an operator to gain valuable insight into individual processes and operations. They might be the overseer, but a staff member who, for the sake of argument operates a forklift all day, will have a more acute awareness of hindrances when it comes to using said forklift. Combined with other interviews and the data gathered in the previous steps, this will create a valuable web of information where patterns can be seen, and action can be taken. The fourth step is to report the analysis to determine current productivity and service levels, while the fifth and final stage is external benchmarking to look for areas of potential improvement. Once the assessment is complete, it’s then time to take steps to address and improve on the areas of inefficiency discovered. But what exactly can warehouse operators do to boost efficiency and create a leaner, more streamlined site? A warehouse management system has become indispensable for modern warehouses and distribution centres. Basically, this is a software application that helps to control and manage day-to- day operations in a warehouse. It guides inventory receiving and put-away as well as advising on inventory replenishment and can also optimise picking and shipping of orders. Not all warehouse management systems are created equally, © Shutterstock /TT studio 64-67.qxp_Layout 1 30/09/2021 13:19 Page 3www.eastmidlandsbusinesslink.co.uk East Midlands Business Link 67 WAREHOUSING AND DISTRIBUTION however, so it’s important to buy from reputable providers. Some of the best ways to boost operational efficiency aren’t software related, in fact they’re downright low- tech. Expanding one’s warehouse can provide more storage space, which has becoming an increasingly important topic as we approach Brexit, but this can incur considerable expense. It’s better to first make more efficient use of existing space. By adding taller units and investing in high-reach forklifts, a warehouse operator can utilise its vertical space and keep more inventory in the same space. Yes, there is some cost in this approach, but it is significantly less than a whole site expansion – or opening another warehouse altogether. Similarly, it’s important to pay attention to warehouse layout in order to make navigation for staff and forklift operators easier. Of course, this makes navigation easier, but it also helps to minimise potential health and safety hazards. This isn’t a one-off issue, but rather part of continuous improvements where managers and site operators regularly check and assess their warehouses to see if and where improvements can be made. However, it isn’t only site operators that need to be cognizant of these issues, but all staff and managers so it’s therefore important to make sure all staff are properly trained. All of these improvements in the warehouse or distribution centre will have a cumulative effect and these efficiency gains are passed along to logistics and freight forwarders. Coupled with improvements made by logistics operators, the supply chain becomes leaner, more streamlined and much more efficient. As we approach the Christmas trading period in another year of living in a pandemic, this will matter now more than ever. © Shutterstock /Roman Zaiets 64-67.qxp_Layout 1 01/10/2021 15:14 Page 4Maserati MC20 68 East Midlands Business Link www.eastmidlandsbusinesslink.co.uk AUTOLINK Maserati MC20 MC20, designed by the Centro Stile Maserati in Turin, is a mix of elegance and sporting prowess. The super sports car is a genuine masterpiece of style, the first of its kind, and the halo car with which the Brand inaugurated its new Era. Maserati MC20 is innovative by nature, and every design detail is functional: the butterfly doors, for example, are not only stunningly beautiful, but they also improve the car’s ergonomics and enable optimal access to and from the cabin. The new super sports car represents the pure form of speed, in true Maserati- style: a work of sculptural engineering previewing the direction of the Brand’s aesthetic future. In fact, the focus on performance led to the conception of a car with a distinct personality, refined aerodynamics and unmistakable lines that render it unique. A car whose superb looks conceal an uncompromisingly sporty soul, with the new 630 hp V6 Nettuno engine that delivers 0 to 100 km/h acceleration in Bells and whistles Tech and specs are the name of the game in this month’s round-up of the most compelling luxury motors hitting the market. 68-70.qxp_Layout 1 30/09/2021 13:22 Page 1Lotus Emira V6 First Edition www.eastmidlandsbusinesslink.co.uk East Midlands Business Link 69 AUTOLINK 2.88 seconds and a top speed over 326 km an hour. The patented engine was conceived, developed, designed and built entirely by Maserati, and uses a pre- chamber combustion technology derived from Formula 1 engines. Maserati MC20 super sports car is genuinely a 100% made in Italy car, developed by the Maserati Innovation Lab and built at the historic Modena plant. It’s no surprise that the MC20 has received the award for ‘Product Design of the Year’ 2021 from the European Product Design Award. The new Maserati super sports car was also honoured with ‘Top Design Winner’ in Transportation/Auto/Truck/Mobile Home and ‘Winner’ in Transportation/Other Transportation Design categories. Lotus Emira V6 First Edition The all-new Emira V6 First Edition comes fully loaded with a host of desirable technology, infotainment and comfort features plus unique badging, and goes into production this spring – with the ‘i4’ four-cylinder First Edition arriving in the autumn. The Emira is an all-new mid-engine premium sports car that perfectly embodies the ongoing transformation of the Lotus business and brand. It features all the hallmarks that the automotive world has come to expect from a Lotus – striking design, thrilling dynamic performance delivering best-in-class ride and handling, outstanding aerodynamics and an unrivalled experience ‘For The Drivers’. Building on the legacy of the Elise, Exige and Evora, the Emira represents a quantum leap forward for Lotus. Those instantly recognisable brand signatures and core values have been combined with a paradigm shift in levels of practicality, comfort, functionality and technology. The Emira has been developed on a new lightweight bonded aluminium chassis – technology pioneered by Lotus and which remains an intrinsic part of the company’s sports car DNA. Powering the V6 First Edition is the much-loved and Lotus-honed 3.5-litre supercharged V6 engine, mid-mounted behind the two seats. Developing 400hp, it’s mated to a six-speed manual gearbox with a visible gearchange mechanism and hydraulic power-assisted steering. The car rides on 20-inch ultra- lightweight V-spoke forged alloy wheels. They’re diamond cut to create a premium two-tone finish, though silver or gloss black versions are available as a no-cost option. Two-piece brake discs with branded calipers are part of the First Edition spec, plus a Tyre Pressure Monitoring System (TPMS). The First Edition comes in one of six vibrant paint colours: Seneca Blue – which was seen at the car’s launch in July – plus Magma Red, Hethel Yellow, Dark Verdant, Shadow Grey and Nimbus Grey. More colours will be available during 2022. 70 Á 68-70.qxp_Layout 1 30/09/2021 13:22 Page 2Next >