What we have learned from the King’s Speech?

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The Government announced an Employment Rights Bill in the King’s Speech on 17 July, aiming to “ban exploitative practices and enhance employment rights”.

The Bill, reflecting Labour’s pre-election manifesto and their ‘New Deal for Working People’, will be introduced within the first 100 days of the new parliament. The government has described the Bill as “the biggest upgrade to workers’ rights in a generation”.

Headlines of the proposed Employment Rights Bill

  • Day-One Rights: Immediate rights to parental leave, sick pay, and protection from unfair dismissal (with provision for probationary periods).
  • Statutory Sick Pay (SSP): Removing the lower earnings limit and making SSP available to all workers from day one of their sickness absence.
  • Flexible Working: Making flexible working the default from day one for all workers, putting the onus on employers to accommodate flexible working “as far as is reasonable”.
  • Ban on “exploitative” Zero-Hour Contracts: Ensuring workers have contracts that match their regular hours with reasonable shift change notices, ending “one-sided flexibility.”
  • End Fire and Rehire: Reforming the law to provide effective remedies and replacing the previous statutory code with a strengthened version.
  • Increased Protection for New Mothers: Making it unlawful to dismiss a woman within six months of returning to work after having a baby, except in specific circumstances.
  • Fair Work Agency: Establishing a new body to monitor and enforce workplace rights.
  • Fair Pay Agreement: Introducing this in the adult social care sector, with potential expansion to other sectors.
  • School Support Staff Negotiating Body: To reinstate the SSSNB to agree national terms and conditions, career progression, and pay rates for school staff.
  • Trade Union Activity: Removing “unnecessary” restrictions, including repealing the Strikes (Minimum Service Levels) Act, to promote good faith negotiation.
  • Statutory Recognition: Simplifying the process to ensure workers can access unions at their workplaces.

Additional proposals

  • Changes to the living wage: While no detail is currently available, in the briefing notes to the King’s Speech, the government has reiterated its commitment to updating the living wage to accommodate for increases in the cost of living.  The government has indicated that this will include the removal of the current age bands.
  • Skills England Bill: This bill aims to simplify the skills system in England and Wales, transferring the work of the Institute for Apprenticeships and Technical Education to Skills England, and renaming the apprenticeship levy to the Growth and Skills Levy. The intention is to streamline and refocus the skills system, prioritising development in the workplace.
  • Equality (Race and Disability) Bill: This Bill intends to introduce mandatory ethnicity and disability pay gap reporting for employers with over 250 employees. This will echo the current gender pay reporting and equal pay legislation.

Conclusion

The Chartered Institute of Personnel and Development (CIPD) has welcomed the proposals from the new Government, emphasising the need for “thorough consultation with employers, and potentially compromise in places”.  We echo this sentiment, particularly the need to engage with employers to ensure any changes have a positive impact on workplace practices and employment opportunities. The proposals are currently light on detail and we are sure that, as we learn more over the coming months, we will be able to comment further on how employers might wish to navigate these potentially transformative changes.

For further information on this topic, please contact Kathryn Chidzey-Jones in our team on 07881 092524.

Forthcoming changes to Tips and Gratuities: What you need to know

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The UK hospitality and arts sectors are bracing for significant legislative changes regarding tips and gratuities, set to take effect from 1 October 2024.

Understanding the upcoming changes and preparing your organisation accordingly is paramount. This article outlines the key aspects of the new legislation, its impact on your workforce, and the steps you need to take now to ensure compliance.

Overview of the new law

The Employment (Allocation of Tips) Act 2023 requires employers to distribute all ‘qualifying’ tips, gratuities and discretionary service charges to their employees without any deductions. Qualifying tips can include those paid via credit/debit card or other electronic means. The new Act will also apply to cash tips, where the tips are deemed to be under the employer’s control – for example, where there is a policy to pool or collect tips. The legislation will also potentially capture tipping ‘apps’, which are becoming more commonplace, typically embedded in systems when you order and pay via a phone or device at the table. Care must be taken if the app/platform automatically deducts a proportion of the sum, as the legislation requires all qualifying tips to be allocated.

The goal is to ensure that employees receive the full benefit of the tips intended for them by customers, promoting fairness and transparency.

Key Changes

  1. Full distribution of tips: Employers are required to pass on 100% of tips to employees. Previously, it was common for businesses to retain a portion to cover administrative costs or distribute tips through a discretionary service charge.
  2. Fair and transparent allocation: The Act demands a fair allocation method. Employers must develop a written policy on how tips are distributed and make it accessible to all employees.
  3. Record-keeping requirements: Detailed records of tips received and how they are distributed must be maintained for at least three years. Employees have the right to request these records to ensure transparency.

Who will be impacted?

This legislation impacts all employers and many employees within the hospitality and arts sectors, including:

  • Restaurants and cafes: Front-of-house staff such as waiters, bartenders, and hosts.
  • Hotels: Housekeeping, concierge, and other customer-facing roles.
  • Arts venues: Employees in theatres, museums, galleries, and other cultural institutions where tipping is customary.
  • Catering and events: Staff involved

Preparing for implementation

Organisations need to take proactive steps to ensure they are ready for these changes by the October 2024 deadline. Here’s what you need to do:

  1. Develop a ‘Tips Policy’: Create a clear and comprehensive policy outlining how tips will be distributed. This policy should detail the allocation method, timelines, and any points of contact for employees with questions or concerns. Consider whether ‘fair allocation’ in your organisation extends to managers, head office, kitchen staff or other back-of-house staff too. A prudent employer may opt to consult staff when developing the policy, as this is likely to reduce subsequent challenges as to the fairness of any allocations made.
  2. Educate and train staff: Inform all employees about the new legislation and how it affects them. Training sessions can help ensure everyone understands the policy and their rights under the new law.
  3. Update payroll systems: Work with your finance and payroll departments to update systems to handle the distribution of tips and service charges in compliance with the new requirements.
  4. Enhance record-keeping practices: Implement robust record-keeping practices to track the receipt and distribution of tips. Ensure these records are readily accessible for employees and comply with the three-year retention requirement.
  5. Communicate with customers: Consider informing your customers about how tips and service charges are distributed to ensure transparency and manage their expectations.
  6. Review contracts and agreements: Examine any existing employment contracts or agreements to ensure they align with the new requirements. Make necessary amendments to reflect the changes in tip distribution.

The forthcoming changes to tips and gratuities legislation in the UK represent a significant shift towards greater fairness and transparency for employees in the hospitality and arts sectors. By taking the necessary steps now, to prepare, HR professionals can ensure their organisations are compliant and continue to foster a positive and equitable working environment. This can also be an opportunity to reinforce trust and satisfaction among your staff, which can ultimately lead to improved service and customer experience.

If you would like help to ensure you are ready for the October implementation deadline, or any other HR concerns, please contact Jo Bradbury in our NQHR team, on 07570 372118.

Navigating HR processes for employees with hidden disabilities

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Employers are well versed on their obligations to provide an inclusive and supportive workplace for disabled employees. But not all disabilities are visible and recent tribunal cases have highlighted the need for employers to take a more careful approach to employees with hidden disabilities.

Some conditions are not immediately visible but can significantly affect an individual’s job performance. Hidden disabilities include a wide array of conditions:

  • Mental health disorders: depression, anxiety, bipolar disorder
  • Chronic illnesses: diabetes, fibromyalgia
  • Neurological disorders: epilepsy, multiple sclerosis
  • Neurodiversity: ADHD (attention deficit hyperactivity disorder), ASD (autism spectrum disorder), dyslexia, dyspraxia or dyscalculia

These conditions can profoundly impact an individual’s work life, often requiring specific accommodations to enable them to perform effectively.

Protection for individuals with disabilities

The Equality Act 2010 provides robust protection and key provisions include:

  • Reasonable adjustments: Employers are required to make reasonable adjustments to the workplace or work processes to accommodate employees with disabilities. Adjustments might include modified equipment, flexible working hours, or changes to job duties
  • Prohibition of discrimination: The Act outlaws direct and indirect discrimination, discrimination arising from disability, harassment, and victimisation based on disability
  • Confidentiality and disclosure: While employees are not required

The effect in the workplace

Hidden disabilities can often appear as performance or conduct issues, especially when neither the employer, manager, nor the employee understands how an underlying condition is affecting the employee’s ability to perform their duties and interact with colleagues effectively.

Some examples might be:

  • Attendance and tardiness: An employee with a chronic illness, such as fibromyalgia or diabetes, might have unpredictable flare-ups that cause frequent absences or lateness. Mental health conditions like depression or anxiety can lead to difficulties in maintaining consistent attendance.
  • Communication or social interaction: Employees with autism spectrum disorder (ASD) or social anxiety may struggle with social interactions, potentially coming across as uncooperative or rude.  Dyslexia or other learning disabilities might result in misunderstandings or miscommunications.
  • Poor or unexplained behaviour: Anxiety or panic disorders can result in sudden, unexplained departures from meetings or tasks, which might be seen as unprofessional.  Sensory processing disorders can lead to difficulties in environments with specific stimuli, such as bright lights or loud noises, which might be mistaken for failure to comply with a reasonable instruction.
  • Poor performance: Mental health conditions, such as depression, can cause fluctuations in an employee’s mood and energy levels, leading to inconsistent work quality. Attention deficit hyperactivity disorder (ADHD) can affect an employee’s ability to focus, follow detailed instructions, or manage time effectively.

Act sensitively

It is important to try and approach potential misconduct or performance issues in these circumstances in a supportive and sensitive manner. While employees are not required to disclose their disabilities, your workplace should be an inclusive environment where they feel safe to disclose a disability in the knowledge that they will be supported.

Having a private, respectful conversation with the employee to understand any underlying issues that might be affecting their behaviour could resolve issues at an early stage. It’s an excellent opportunity to discuss if there is any support or adjustments that could be made to mitigate the impact on their performance.

Formal processes

You should consider alternatives to a formal process to avoid potential allegations of disability discrimination. However, we recognise that sometimes a formal process is unavoidable. In such circumstances, carefully explore whether there any barriers to the individual participating in the formal process and what adjustments could be made.

Reasonable adjustments could include: An employee with dyslexia may need more time to consider documents prior to any meeting or hearing.  An employee suffering with mental health issues such as depression may benefit from more breaks during a meeting.

You may also wish to consider:

  • The potential bias of managers involved in any formal processes and provide training to recognise and mitigate against this
  • Whether it is appropriate to obtain medical or occupational health advice before any decisions are made

What else could you be doing as an employer?

There are several critical areas where HR processes must adapt to better support employees with hidden disabilities:

  • Accessible job descriptions: Job adverts should focus on essential skills and avoid unnecessary physical requirements
  • Flexible application processes: Offering alternative application methods and additional time for tests can help candidates with hidden disabilities
  • Bias training: Training recruitment panels to recognise and mitigate unconscious bias is crucial to preventing discrimination

Workplace adjustments

Work closely with employees to implement necessary adjustments, for example:

  • Flexible Working Hours: Allowing adjustments to work schedules to better accommodate employees’ conditions
  • Remote Working Options: Offering the possibility to work from home can be beneficial
  • Assistive Technologies: Providing specialised software or equipment to aid in job performance

Ongoing support and development

Create a supportive environment by:

  • Regular check-ins: Continuous review of adjustments and their effectiveness.
  • Support services: Access to counselling and employee assistance programs.
  • Training and awareness: Educating all employees about hidden disabilities to foster an inclusive culture and reduce stigma.

Challenges and Best Practice

Balancing confidentiality with the need for information to make reasonable adjustments is challenging. The following can help:

  • Building trust: Encouraging open dialogue about disabilities while ensuring confidentiality can foster a supportive environment
  • Personalised adjustments: Recognizing that each individual’s needs are unique and should be addressed on a case-by-case basis

Continuous Improvement

Regularly reviewing and updating policies and practices to maintain an inclusive environment.

Creating an inclusive and supportive environment is key to understanding any issues that your employees may have. Always consider whether there may be an underlying issue for any changes to performance or behaviour and explore these sensitively with an employee. Alongside reviewing and updating policies and processes, educating all employees about hidden disabilities is an essential component for fostering an inclusive culture and reducing stigma in the workplace.

If you would like specialist advice on this topic or to discuss another HR matter, please contact Lisa Reynolds in our team on 07771 316 123.

Carers Week – 10-16 June 2024

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We look at how the increase in the number of carers is impacting employers and consider, alongside the statutory Carers Leave, what organisations can do to support those staff who have caring responsibilities.

The theme of the annual campaign for 2024, is ‘Putting carers on the map’.  It will highlight the increasing pressures on carers, to campaign for much-needed recognition and support and raising awareness about the challenges carers face in their finances, employment, health and wellbeing.

According to Carers UK, as many as 7.7 million people in the UK now juggle their unpaid caring responsibilities with paid employment). This translates as one in seven of your workforce caring for someone who is older, disabled or ill.

The number of people who combine work with care is likely to increase because the population and the workforce are ageing. Between 2010 and 2020, every year, 4.3 million people became unpaid carers, equating to 12,000 people a day.

In their State of Caring survey, the charity Carers UK found that 82% of carers said the impact of caring on their physical and mental health would be a challenge over the coming year, with nearly 60% adding that being valued as a carer would improve their wellbeing.

What are the impacts?

  • Retention: it is estimated 600 people a day give up work as a result of caring responsibilities. With the peak age for caring between 46 to 65, this means employers are losing staff at a stage in their careers where their skills and experience are most valuable.
  • Increased recruitment and training costs: With the loss of key staff, it is inevitable that employers will find they are spending more time and money on recruiting and training replacement staff.
  • Health and wellbeing: Research has shown that employees with significant caring responsibilities are twice as likely as those without to be in poor health. Inevitably this can lead to an impact on employee performance, productivity and absence levels.
  • Management time: With the impact on wellbeing there will be a knock-on impact for the amount of time line managers need to spend on managing internal processes, such as sickness and performance.

Other consequences include poor morale and engagement amongst staff.

What can you do as an employer?

Aside from delivering on your statutory obligations, other actions you can take to support carers in their workplaces, could include:

  • Policies and guidance: Ensure a carers policy is in place, incorporating the statutory legislation requirements as well as any enhancements the organisation wishes to offer. Ensure employees are aware of this policy and their entitlements and highlight any other relevant policies, such as flexible working and time off for dependants, to assist in providing timely guidance particularly for carers who may need immediate support.
  • Policies and guidance: Ensure a carers policy is in place, incorporating the statutory legislation requirements as well as any enhancements the organisation wishes to offer. Ensure employees are aware of this policy and their entitlements and highlight any other relevant policies, such as flexible working and time off for dependants, to assist in providing timely guidance particularly for carers who may need immediate support.
  • Campaigns to raise awareness and provide support: As well as celebrating national campaigns such as Carers Week, consider holding specific events to focus on caring responsibilities, provide guidance on internal support available and increase awareness in all staff.
  • Carers champion and employee forums: Employee forums can create a supportive culture for carers, to talk to colleagues in similar situations. They can also provide a feedback mechanism for employers when reviewing their employment practices on supporting carers at work. Similarly appointing a carer’s champion, usually a member of senior management, can serve to demonstrate commitment from the top.
  • Line management training: Line managers will be at the forefront of supporting carers within their teams, so they will need to have a complete understanding of the support offered by the organisation. It will also be essential that they are equipped with the skills in handling sensitive conversations with their staff, to discuss their caring responsibilities and agree measures of support that can be put in place.
  • Employee Assistance Programmes (EAP): If you have an EAP, your provider may well offer online learning resources that can provide support to carers on coping strategies to balance their work and care responsibilities.
  • Signposting to external support: Finding information about care and support services can be overwhelming as caring situations can vary enormously: some people become carers overnight, while others have caring responsibilities for some time before realising that they need help. This might include signposting to charities who can support such as Carers UK, Age UK and Contact a Family or Age UK, or external bodies and website such as Citizens Advice or the NHS.

Research illustrates that for many employees, working whilst also providing caring support in some form, will continue to be a necessity at various points throughout their working life. You can play a key role in mitigating the detrimental effects on employees of combining work and care, with the business benefits of increased employee resilience, productivity and performance.

The cost to employers of high turnover and underperformance is much greater than the cost of flexibility. In addition, those organisations that actively support their staff with caring responsibilities are likely to see an increase in employee morale and loyalty.

For specialist HR support with this or any other HR matter, please contact Sue Meehan Boyes in our team on 07384 468 797.

Men’s Health – play your part as an employer

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As we observe International Men’s Health Week we thought it would be a good time to consider how you can support this global initiative of increasing awareness of male health issues.

As an employer you are not going to be able to ‘fix’ employees physical or mental health, but you can think about ways to remove obstacles to them getting help and putting in place steps that will enable them to help themselves. 

Taking a lead from King Charles who shared that he had a problem with an enlarged prostate, the focus for this year’s initiative in the UK is to encourage men to share their own stories.

The power of sharing cannot be underestimated. On the day after King Charles’ announcement, there were over 16,000 visits to the National Health Service website page compared with 1,414 visits the previous day. Prostate Cancer UK almost doubled the number of users of its online risk checker.  This goes to show the difference that honest sharing can make.

What are the concerns?

One finding from surveys that may be of concern to employers is that men don’t go to see a doctor because they don’t want to take time off work.  Whilst retired men were as likely to have seen their GP as retired women, for those working full time 37% of men had seen their GP in a period of 3 months compared to 53% of women in the same period.  That is not to say that they don’t have health conditions, they just don’t tend to seek help about them. The big gap is in working age and a key factor is that men are concerned about taking time off work for mental health problems.

Effects in the workplace

There appears to be a particular reluctance for men to talk to HR about mental health issues. Research by the Men’s Health Forum shows that a third of working-age men would be embarrassed or ashamed to take time off work for mental health issue such as anxiety or depression compared to only 13% for a physical injury.  Over half of men with mental health problems were concerned that their employer would think worse of them. We have seen evidence consistent with those surveys in the investigations that we have carried out, when looking into issues that relate to men’s mental health.

There are some sobering facts about men’s health: evidence from Campaign Against Living Miserably (CALM) indicates men are three times more likely to die from suicide than women, with men making up 75% of total of suicides and this issue doesn’t just apply to younger men, the peak age group for death from suicide is actually 45-49.

What can you do as an employer?

Against a backdrop of such stark statistics, it can be hard for employers to assess their role in supporting men’s health.

Supporting annual initiatives such as International Men’s Health Week can be a great way to start the conversation.  Make it a celebration with workplace and social media campaigns and events, including supporting the ‘Wear Blue’ Day on Friday 14 June.  As the theme is about sharing, consider inviting a guest speaker to talk of their experiences and provide a platform for others to contribute.

Publicise the wellbeing services on offer – this is of course important for all staff, but given the evidence showing that men are less likely to reach out for help, this can be a critical area of support.  Ensure the materials and resources illustrate all of the services available, including any counselling services, are easy to find without the potential embarrassment of having to speak to a line manager or HR.

As always your line managers have a critical role to play – providing space for employees to talk, putting in place support measures. Navigating conversations on sensitive issues can be daunting for even the most seasoned manager.  In a busy work environment, it can also be difficult for line managers to spot the signs of an employee experiencing health challenges – even harder if staff are working remotely at times.  Training to support line managers on their role will be invaluable as will ensuring they have access to guidance and resources that can provide continual support.

There is a lot of research about the positive impact that exercise can have on physical and mental health. Look at ways to encourage staff by offering gym memberships, encouraging sports clubs at work, promoting a cycle to work scheme and so on.

There is also a growing body of research into the negative health (both physical and mental) impact of Ultra Processed Food so think about what food is on offer in the workplace and in your vending machines. Is it possible to move towards offering less processed food? See the book ‘Ultra Processed People’ by Dr Chris van Tulleken for a review of the evidence on that.

Create an open environment of discussion – employee engagement surveys and employee forums can be a great way to engage with staff, to encourage their contributions and suggestions and galvanise support for initiatives. 

Celebrating International Men’s Health Week is one way to showcase the importance of men’s health but it’s important that it forms part of the wider wellbeing offering in place for all employees, all year round.

For specialist HR support with any of these issues, please contact Simon Martin in our team on 07384 813 076.

Mental Health Awareness Week – how to prioritise mental health at work for employees

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Mental Health Awareness Week, which runs from 13-19 May, is an ideal time to think about mental health, tackle stigma, and find out how we can create a workplace that prevents mental health problems from developing and protects our employees’ mental well-being.

As businesses increasingly recognise the impact of mental health on productivity, engagement, and overall organisational success, HR professionals play a pivotal role in fostering a supportive and inclusive work environment. In this article, we consider the significance of Mental Health Awareness Week from an HR perspective and explore strategies to promote mental well-being in the workplace.

Understanding the Impact

Stress, anxiety, depression, and burnout are common challenges that employees may face, often exacerbated by work-related pressures, organisational culture, and personal circumstances. Recognising these challenges is the first step toward creating a workplace culture that prioritises mental health.

The CIPD’s Health & Wellbeing Survey 2022, showed the most common causes of stress at work. The top 4 factors were:

  • Workloads/volume of work
  • Non work factors – relationships/family
  • Management style
  • Non-work factors – personal illness/health issue

It states that half of organisations (51%) take a strategic approach to employee wellbeing, while 36% are ‘much more reactive than proactive’. As in previous years, mental health is the most common focus of wellbeing activity. Access to counselling services and employee assistance programmes remain the most common wellbeing benefits provided. Financial wellbeing remains the most neglected area.

HR’s Role in Fostering a Supportive Culture

HR professionals are instrumental in driving initiatives that promote mental wellbeing within the workplace. They serve as advocates for employees, ensuring that policies and practices are in place to support their mental health needs. Here are some key ways HR can contribute:

  • Policy Development: HR should collaborate with leadership to develop comprehensive mental health policies that address issues such as flexible work arrangements, carers’ leave, and access to resources like counselling services. HR can also support in ensuring that relevant policies are up to date with the latest UK Employment Legislation.
  • Training and Education: Organising workshops and training sessions to raise awareness about mental health and equip managers with the skills to support struggling employees effectively. Mental health Champions are an effective way to promote and encourage support at work. The charity Mind have created a Mental Health Champions Toolkit to support organisations to develop such a scheme.
  • Employee Assistance Programmes (EAPs): Implementing and promoting EAPs that provide confidential counselling and support services to employees facing mental health challenges.
  • Promoting Work-Life Balance: Encouraging a healthy work-life balance by emphasising the importance of taking breaks, utilising holidays and avoiding overwork.
  • Creating a Supportive Environment: Cultivating a culture of openness and support where employees feel comfortable discussing mental health issues without fear of judgment or repercussions.

Initiatives to Promote Mental Health Awareness Week

The week itself is an opportunity for some specific initiatives to demonstrate your organisation’s commitment to supporting mental health. Here are some ideas:

  • Virtual Workshops and Webinars: Organise virtual workshops and webinars focused on topics such as stress management, resilience-building, and self-care strategies.
  • Guest Speakers and Panel Discussions: Invite mental health professionals, advocates, or individuals with lived experiences to share their insights and stories, fostering empathy and understanding among employees.
  • Wellness Challenges: Launch wellness challenges focused on physical activity, mindfulness, or nutrition to promote holistic wellbeing.
  • Peer Support Networks: Facilitate the formation of peer support groups or buddy systems where employees can connect, share experiences, and provide mutual support.
  • Communication Campaigns: Launch internal communication campaigns using emails, newsletters, and social media to share resources, tips, and personal stories related to mental health.

Measuring Impact and Continuous Improvement:

It is also important to evaluate the effectiveness of mental health initiatives and gather feedback from employees. Regular surveys, focus groups, and one-on-one discussions can provide valuable insights into what’s working well and where improvements are needed. This feedback loop enables HR to refine future offerings or benefits and develop new initiatives, tailored to the evolving needs of employees.

For specialist HR support with any of these issues, please contact Helen Couchman in our team on 07799 901 669.

Navigating employee privacy – lessons from Kate Middleton’s recent health announcement

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The announcement earlier this month that the Princess of Wales was undergoing treatment for cancer reignited discussions about the delicate balance between an individual’s right to privacy and the public’s interest in their personal affairs. We look at similar implications for employees who are away from work unexpectedly and consider what employers should do to manage this.

Kate Middleton’s decision to share her diagnosis publicly was undoubtedly a courageous one and sparked an outpouring of support and empathy from around the world.  However there was also a sense that as speculation reached fever pitch she was left with little choice. Her experience serves as a reminder of the complexities surrounding privacy for those in the public eye.

When employees are off sick or are suspended during an investigation in the workplace, there can be similar considerations about how much information can and should be shared, which need to be handled delicately. Some level of communication will be usually be required, whether that is to clients, colleagues or other stakeholders. This can become more pressing when the rumour mill kicks in and it becomes apparent that there is unhelpful speculation surrounding an absence.

What steps should employers take?

Maintaining confidentiality and respecting the employee’s privacy rights while addressing the concerns of other employees can be challenging. Here are some options available to employers in such circumstances:

  • Communicate clearly with the affected employee: The employer should communicate with the affected employee directly. Ideally work with them to come up with a form of words that will be used. In some situations, such as suspension, often the less that is said the better and using the term ‘suspension’ should be avoided in most cases. In others, it will be a case of what the individual is comfortable sharing. Check back in with the employee after a period of time to check the messaging is still appropriate or if it needs updating.
  • Share that messaging as needed: Communicating the agreed messaging can help to dispel rumours and put a halt to speculation. Don’t dwell on the reason for absence but focus minds back to interim arrangements and getting back to business as usual. Think about how you will handle requests from employees to get in touch with the affected employee and have a response agreed.
  • Respect privacy: Employers should respect the privacy rights of the absent employee. While it may be tempting to disclose details about the situation to quell further speculation, doing so could create upset for the affected employee and give rise to further risks to the business.  
  • Address misinformation: If rumours are spreading that are false or damaging to the absent employee’s reputation, the employer should take steps to address and correct misinformation. This can be done through staff meetings, internal memos, or other forms of communication.
  • Enforce confidentiality policies: Employers should remind employees of the organisation’s confidentiality policies and the importance of respecting the privacy of their colleagues. This can help prevent further speculation or gossip about the absent employee’s situation. This is particularly crucial where employees are to be interviewed as part of an internal investigation and may therefore be privy to further sensitive information.
  • Maintain professionalism: Throughout the process, employers should strive to maintain professionalism and treat all employees with dignity and respect. This includes refraining from engaging in or tolerating gossip or speculation about the absent employee’s situation.
  • Obtain specialist support: If it is a particularly high profile or controversial absence that may attract media interest, involve your internal marketing and communications team if you have one or consider getting specialist support so press releases can be prepared as needed.

By taking these steps, employers can effectively manage rumours and speculation surrounding an employee’s absence, while upholding confidentiality and respecting privacy rights. Careful thought, clear communication and an adherence to policies and procedure are essential for maintaining a positive work environment.

If you would like support in managing a similar situation in your organisation, please contact Sarah Martin in our team on 07799 136 091.

Should Menopause be a ‘protected characteristic’ under The Equality Act 2010?

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You may have seen some debate in the news about whether Menopause should be considered a disability. In this article, we provide a summary of the guidance that started the recent debate, consider the pros and cons of this approach and look at the practical impact for employers.

EHRC Guidance

The Equality and Human Rights Commission (EHRC) produced new guidance in February 2024 and states that menopause could be classed as a disability under the Equality Act 2010 if the symptoms have a ‘long term and substantial impact on a woman’s day to day activities.’ The guidance confirms that a failure to make reasonable adjustments could leave employers open to challenges and claims. The guidance also reminds employers that women experiencing the menopause could be protected from discrimination on the grounds of age and/or sex.

The EHRC guidance refers to research carried out by the Chartered Institute of Personnel and Development (CIPD) which found that 67% of women in work between the ages of 40 and 60 who are experiencing menopausal symptoms found that they impacted negatively on their work, including:-

  • Experiencing higher levels of stress (68%)
  • Being less patient with their colleagues (49%)
  • Being less able to concentrate (79%)
  • Being less physically able to carry out work tasks (46%)

There are helpful videos within the EHRC guidance, setting out the obligations for employers and looking at how employers can make adjustments in the workplace.

It’s widely known that in extreme cases, some women may feel that they have no option but to leave employment when they are experiencing symptoms such as those set out above and research has found that employers may be losing 1 in 6 of the women due to their menopausal symptoms. In its submission to the Women and Equalities Select Committee, the CIPD suggests that women in the age range going through the menopause (usually between 45 and 55) are often at the height of their careers. If a proportion of those women feel that they have no option but to leave the workforce, the UK economy is potentially losing skilled and experienced women from the workforce, which in turn may impact the gender and pension pay gaps, and reduce the number of women in senior leadership positions.

So what’s changed?

In some ways the EHRC guidance is nothing new.  It is already possible for the symptoms of the menopause to be considered as a disability via the disability discrimination definition within the Equality Act 2010. However, commentary around the idea that the Menopause could or should be treated as a disability is divided.  

Some commentators welcome guidance for employers confirming their obligations around treating menopause symptoms as a possible disability.  Others, however, argue that the menopause is a natural period of transition for women and shouldn’t therefore be regarded as a disability. The menopause has not, so far at least, been classified as a protected characteristic under the Equality Act in its own right, in the way that pregnancy and maternity has, meaning that women have to rely on the legislation on the protected characteristics of disability, sex or age as the route for challenging any potentially discriminatory behaviour. A report by the Women and Equalities Committee, in July 2022, argued that the menopause should be designated as a protected characteristic under the Equality Act 2010 in its own right, but this change has yet to take place. Some commentators have suggested that using the disability route to challenge any discrimination may be limiting progress in this area and is based on a model which suggests that women’s bodies are in some way abnormal.

What does this mean for employers?

We will need to watch this space to see if any formal legislative changes are made to the Equality Act in this area. We anticipate that any such changes are likely to be a long way off. However, there is no question that the subject of the Menopause has become much less of a workplace ‘taboo’ over recent years and for employers this debate serves as a useful reminder to take the following steps:-

  • Policy – put in place or review policies around the menopause in the workplace to ensure that they are up to date and serve as living, breathing documents that employees know about and can easily locate
  • Training – train line managers on managers on the menopause so that they are better equipped to support colleagues experiencing difficult symptoms
  • Communications – be transparent with employees about the work being done within your organisation on the menopause; share resources, provide spaces for discussion and encourage open conversations to reduce stigma

For more information about how NQHR can help support your organisation to effectively manage the menopause in the workplace, please contact Caitlin Anniss in our team on 07909 683 938.

Stress awareness – how can managers support employees?

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April is stress awareness month and this year’s theme is ‘little by little’, which aims to highlight the impact of small positive actions on overall wellbeing. We consider the impact stress can have, how to be alert to it and what managers can do to support employees.

Stressful feelings typically happen when we feel we do not have the resources to manage the challenges we face. Feeling overwhelmed and unable to cope at work can have a significant impact on an employee’s performance, conduct and relationships with colleagues.

What causes stress?

 With regard to the workplace, employees can experience stress as a result of several factors such as:

  • Excessive demands from their role
  • Their workload feels unmanageable
  • They feel out of their depth with the task(s) they have been asked to perform
  • Disputes with a colleague or manager

It can also be the case that if your employee is suffering from stress because of one factor then they become more susceptible to being affected by other factors, and so the list of stressors expands quickly.

What are the impacts of chronic stress?

Stress in minor-to-moderate doses may be expected, as the body is equipped to handle these reactions and some people find a modest amount of stress to be quite helpful and motivating. However, the problem arises with ongoing stress – which can have serious consequences. Chronic stress impacts the entire body and can harm wellbeing in the long-term.

Ongoing stress is a risk factor for heart disease, dementia, stroke, accelerated aging, depression, anxiety, insulin resistance, prolonged digestive issues, and irritable bowel syndrome (IBS).

From a mental health perspective and in the context of work, stress can now amount to a disability within the Equality Act 2010. Chronic stress may negatively impact an employee’s:

  • Outlook on life
  • Interpersonal relationships
  • Performance in the workplace
  • Quality of self-care
  • Attendance levels and absences

Recent statistics issued by the Health and Safety Executive reveal that 1.8 million workers reported they were suffering from work-related ill health in 2022/23, with approximately half of the cases down to stress, depression or anxiety.

With this in mind, it is important employers and line managers are alert to those employees who might be suffering stress.

Spotting the signs in employees

These may not always be obvious or even caused by work, but the signs will be there. For example, is someone taking more time off, arriving for work later or being more twitchy or nervous? A change in behaviour can also be a sign of stress such as:

  • Mood swings
  • Being withdrawn
  • Loss of motivation, commitment and confidence
  • Increased emotional reactions – being more tearful, sensitive or aggressive

Sometimes employees may even start self-medicating with alcohol.

What should employers do?

The first step is to talk with your employee. Being sensitive and supportive is key – they may not wish to talk about the situation or may not have identified the stress for themselves. Make time for a meeting in the working day and discuss the matter in private. Once the employee begins to share what they are experiencing, you should be open minded about how they might be feeling. Ask open questions and really listen to what you are being told. Try to establish the cause of the stress with the employee and work together on identifying possible solutions.

Although this is highly dependent on the cause of the issue and the circumstances of the employee, possible solutions could include:

  • Making temporary changes to work duties
  • Allowing the employee to work flexibly for a period to enable them to deal with a domestic issue
  • Discuss making an occupational health referral
  • Signpost them to your Employee Assistance Programme if you operate one
  • Recommend external agencies for additional support, such as Mind or the Samaritans

Importantly, arrange to follow up with the employee to discuss how they are doing and what further support they might need.

There is no ‘one size fits all approach to helping an employee with stress. It is often not a simple or quick fix. If left unchecked, it can have numerous consequences, but with ongoing support, it may be possible for things to improve for the employee, which in turn may well assist to get their performance in their role back on track.

If you would like our support in managing a stress-related situation in your workplace or to develop relevant policies and guidance, please contact Simon Martin in our team on 07384 813 076.

Changes to flexible working coming in April 2024 – what employers need to know

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On 6 April 2024, the widely discussed changes to flexible working will come into force, when the Flexible Working (Amendment) Regulations 2023 take effect. Here’s what those changes are, what they mean for employers and what needs to be considered going forward.

What’s changing?

If you ask most people what the changes to flexible working are, they will say that the service requirement has been removed, as that has been the source of most discussion and debate. In fact, the legislation is actually making more changes than perhaps people realise. A summary of these changes includes:

  • ‘day one right’ – currently employees can only make a flexible working request once they have 26 weeks continuous employment. From 6 April 2024, this becomes a ‘day one’ right.
  • Two requests – currently employees can only make one flexible working request every twelve months. With these changes, employees will be able to make two statutory flexible working requests every twelve months.
  • Timescales reduced to two months – the current timescale for employers to deal with flexible working requests is three months. This reduces to two months under these changes.
  • Employers will not be able to refuse a request until they have consulted with the employee
  • Removal of the need for employees to explain the effect of the proposed change on the organisation, or how that could be dealt with when making a request

The changes do not affect an employer’s ability to reject requests on eligibility grounds or for one or more prescribed statutory reasons.

What does this mean for employers?

With the removal of a service requirement and greater application opportunities, it is possible that employers may see an increase in the number of flexible working requests, so it may present a ‘numbers’ challenge in the first instance. Employers should ensure any requests received, are acknowledged and tracking systems are in place to monitor progress.

Perhaps of more critical importance is the consideration of the reduced timescales and what that means for internal procedures. To ensure compliance, it will be essential that meetings are scheduled and responses returned, including any appeal, within the two-month period. You can extend the timescales but only with agreement from the employee. But critically, managers should look to maintain momentum in reviewing requests to avoid any unnecessary delays.

Importantly the responsibility is now on employers to give careful consideration to the request, its impact and how it might be accommodated. You can ask your employee to consider these and make any suggestions, but you cannot make it a compulsory part of the process.

What should employers do now?

  • Review your flexible working policies to ensure that they reflect the new requirements. Put in measures and systems that support being able to deal with requests within the timescale required. This might include putting in tracking systems to monitor the progress of requests, as well as guidance documentation so everyone involved understands their roles and obligations in the process
  • Train line managers on how to handle flexible working requests in light of the new requirements, particularly providing guidance on how they might make best use of the meeting with their employee, to explore the request and how it can be accommodated
  • Communicate the changes to staff. Letting staff know that these changes have come in and you have adapted your policies accordingly, can be a positive step for employee relations and increase employee engagement

Whilst some employers may consider the changes in legislation onerous, it is important to remember the benefits of flexible working for both employees and employers:

  • Allows employees to proactively manage other commitments, leading to less time taken off
  • Wider pool for recruitment
  • Positive for employer brand and attracting candidates
  • Retention of experienced and valued staff who might otherwise have to leave if they can no longer work their existing work pattern
  • Can promote a more diverse and inclusive workforce
  • Enhanced morale and motivation

The new legislation will not change the core principles behind flexible working. It remains a tool for employees and employers to discuss possible changes to ways of working and how that might be mutually beneficial. What the changes will do is make adaptations to eligibility, timescales and internal processes for dealing with requests. By taking a proactive approach and updating policies and internal procedures, as well as refreshing line manager training, organisations will ensure they are best placed to respond to any requests that are received under the new legislation.

If you would like any support in dealing with flexible working requests, drafting policy and guidance material or line manager training, please contact Sue Meehan Boyes in our team on 07384 468 797.