Through membership UKFT’s dedicated employment and HR service provides assistance, advice and support to UK fashion and textile companies of all sizes, from small businesses through to large retailers.

Activity during the last quarter

UKFT gave evidence to the Low Pay Commission on the National Minimum Wage underlining the industry’s position and including discussions around apprenticeships, enforcement and immigration.

Queries relative to members handled recently, resolved informally or pending ACAS or Tribunal resolution include: –

• Difference between “wrongful” (i.e. procedural and contractual) dismissal and “unfair” dismissal.
• Dismissal of indentured apprentices.
• Involvement of parents in training of young people.
• Working hours and factory environment for young people, or individuals on work experience.
• Confidentiality issues when seeking information from tutors on off the job training regarding apprentice with disability.
• Acting as Independent Assessor on Grievance Hearing.
• Setting up employment procedures for small company employing staff for the first time.
• Dealing with “last straw” dismissal despite no earlier warnings.
• Improper use of CCTV surveillance.
• Unsatisfactory employee walking out, returning with apology.
• Powers where resigning employee retains company property.
• Harassment claims where employer visits employee’s home address.
• Actions relating to Solicitors ignoring Tribunal directions.
• Absence notifications by text message rather than direct phone conversations.
• Not clocking out for smoking breaks.
• Possible allergic reactions to chemicals in factory.

Further developments

Recent case law has demonstrated again a change in how the law treats restrictive covenants in employment contracts.  Originally if any part of the covenant was deemed unenforceable then the entire Clause fell. Now, however, it appears that if one element is found too wide (eg holding any shares in a competitor) only that element is rendered unenforceable.

In the main this benefits employers who may now take the risk of drafting wider restrictive covenants, in the hope that most of it will remain enforceable, but some lawyers regard this as “bad law”, and UKFT would urge caution in drafting restrictive clauses to try ensure all parts are enforceable.

Recruitment of a considerable number of Employment Judges has now been made, but because of training and induction periods, cases are still taking an inordinate time to come to a hearing, an example being a case of dismissal last April now being listed for a hearing in late September 2020. Employers are urged to ensure that notes, letters, emails, minutes etc. on disciplinary, redundancy, or grievance matters are carefully preserved.

On 16 July, The Department of Business, Energy and Industrial Strategy issued a Consultation Paper on the establishment of a single enforcement body for employment rights, covering provisionally NMW, Agency Standards, gangmaster licensing, and labour exploitation. This consultation will cease on 6 October, and the Government have also asked for views on whether a single body should be established for all employment rights, including SSP, Health and Safety, discrimination and harassment, and enforcement of Tribunal awards.

Members are also reminded that from 6 April 2020 all termination payments above £30,000 will be subject to employers’ National Insurance payments.

Also on 6 April 2020, all employees will have to receive a written statement of terms and conditions of employment immediately at the start of their employment, removing the current 4 weeks’ grace.

UKFT Employment & HR Member Service

With years of employment relations in the UK fashion and textile industry at local and national level, UKFT can provide guidance on a range of issues including:

• Employment Contracts both new and updating
• Company Handbooks with all Policies, Procedures and Company Rules
• Company Disciplinary and Grievance matters including all warnings and dismissals
• Discrimination issues in relation to recruitment, employment and redundancy
• Employment Tribunal Claims and ACAS conciliation
• Trade Unions matters covering recognition and pay negotiations

Contact us for more information on how UKFT can help with employment and HR at employment@ukft.org

The service is available to non-UKFT members on a fee basis and additional fees may apply for UKFT members subject to membership level.