Tag Archive for: Employers

Neurodiversity: Five things employers can do to get the best from neurodiverse staff

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ACAS recently published an independent report, which raises an important question: what can leaders and managers do to better support their neurodiverse employees; and why is it so crucial for them to take action?

Neurodiversity refers to the natural variation in how people think, learn, and process information, encompassing conditions such as autism, ADHD, dyslexia, and dyspraxia. This includes individuals who identify with these groups, whether formally diagnosed or not. According to the Acas report, entitled, “Bosses urged to do more to support neurodiverse staff”, it is estimated that between 15% and 20% of UK adults are neurodivergent. That’s a large proportion of our workforce who may not be getting the support they need.  In response to this, the following actions can be taken:

1. Recognise the importance of neurodiversity for your organisation (large or small)

It is often understood that a workforce that feels supported by their employer is likely to be more effective and this is no different for the neurodivergent workforce. By fostering an environment where everyone can thrive, you unlock creativity, innovation, and diverse problem-solving approaches that benefit your entire organisation.

2. Model inclusion through your actions and behaviours

Senior leaders have a key role in showing commitment to neurodiversity inclusion through their actions and behaviour. Raising awareness across your organisation is critical to normalising neurodiversity. Host workshops, seminars, or guest talks to educate staff about different neurodiverse conditions.

Creating a culture of inclusion also involves addressing unconscious bias. Neurodiverse individuals may face stigma or misunderstanding about their capabilities. Challenge stereotypes by celebrating achievements and showcasing the value neurodiverse employees bring to your organisation.

3. Equip your managers with the skills to support neurodivergent staff

Acas found that line managers are pivotal in supporting neurodivergent employees. It is therefore critical that your managers are able to foster understanding and empathy. Line managers need to feel capable and confident to discuss neurodiversity and know how to respond when someone tells them about their neurodivergence or asks for adjustments at work.

You should equip managers to recognise the strengths and challenges associated with neurodiversity and understand how to provide appropriate support. For instance, someone with dyslexia might benefit from text-to-speech software or additional time for written tasks, while an employee with ADHD might excel in roles with fast-paced responsibilities.

4. Consider neurodiversity throughout the employee lifecycle

Neurodiverse people will often get a first impression of your organisation through the recruitment process. Inclusive recruitment starts with your job descriptions. Avoid jargon or unnecessarily complex language that might deter neurodiverse candidates. Be clear about the essential skills required and flexible in how those skills might be demonstrated. For example, rather than demanding experience in a specific software, ask for a candidate’s ability to adapt to new tools.

During interviews, consider offering alternative formats. Some neurodiverse individuals might struggle with traditional face-to-face interviews. Providing the option of written responses, task-based assessments, or virtual interviews can create a more level playing field. Clear instructions, a structured agenda, and advance notice of questions can also reduce anxiety.

Considering where you can be flexible to get the best from your neurodiverse workforce then applies throughout the employee lifecycle in areas such as performance management and attendance management, training and the day to day interactions and open culture within your organisation.

5. Appreciate the individuality of neurodiverse conditions

Each neurodiverse person will have an individual experience of their neurodiversity. Being flexible in responding to this difference will support getting the best from your neurodiverse staff. For example, your workplace policies should be adaptable. Allowing flexible working hours or remote work options accommodates individuals who might find commuting or rigid schedules challenging. Additionally, ensure there is clarity in day to day communication—be explicit about expectations, deadlines, and feedback processes. Using project management tools and visual aids can help everyone stay on the same page. And if you are planning change at work, consider the timing, frequency, clarity and necessity of communication to reduce overwhelming people with information and ensuring the message is clear.

Regular check-ins and open communication channels build trust and allow employees to share what works for them. Instead of making assumptions, ask: “How can we support you to do your best work?” This not only personalises support but also empowers employees to take ownership of their needs.

A workplace for everyone

Creating a neurodiverse-inclusive workplace is not a one-size-fits-all approach. It requires your genuine commitment, ongoing education, and a willingness to adapt. By embracing neurodiversity, you can foster a richer, more dynamic workplace where every individual has the opportunity to thrive. In doing so, you not only enhance your own success but also contribute to a more equitable society.

It’s essential to recognise that supporting neurodiversity goes beyond ticking boxes or merely meeting legislative requirements. Instead, it’s about valuing the unique perspectives that each individual can bring. Everyone is different, and neurodiversity is just one dimension of diversity. Each person who comes to work contributes their own experiences, abilities, and challenges, and acknowledging this helps create a workplace where all employees feel valued and supported.

If you would like help with managing and supporting neurodiversity in your workplace or to discuss our forthcoming training on neurodiversity at work, please contact Claire Parr in our team on 07385475786.

New appointments strengthen Narrow Quay HR’s expertise across Charity, Commercial and Education Sectors

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We’re delighted to announce the arrival of two new HR consultants to the Narrow Quay HR team – each bringing sector-specific insight and a shared passion for delivering practical, people-centred HR support.

Rachel Walker joins us as an HR Consultant, bringing deep expertise in the commercial and charity sectors. With a track record of success at well-known organisations such as Historic Royal Palaces, Nationwide Building Society, the National Trust and Transport for London, Rachel has led cultural change programmes, delivered successful restructures, and coached leadership teams through complex people challenges. She brings a strong blend of strategic thinking and hands-on experience – from implementing major systems change to navigating employee relations in unionised environments.

Claire Parr also joins as an HR Consultant, further enhancing our education sector expertise. Claire is a  HR leader with extensive experience supporting independent schools across the UK. She’s worked closely with executive leaders and Trustees on everything from pay and pension consultations to organisational change and cultural transformation. Her practical knowledge of  managing HR in a school setting will be a huge asset to our growing client base in education.

Caitlin Anniss, Director at Narrow Quay HR, said:

“We’re always looking to strengthen the team with people who offer something new and valuable to our clients. Rachel and Claire bring exactly that – sector depth, commercial insight and a shared commitment to pragmatic, solutions-focused support. We’re thrilled to have them on board.”

Sarah Martin, Director at Narrow Quay HR, added:

“As demand for tailored HR advice continues to grow – particularly in education, charity and commercial settings – we’re proud to expand our specialist expertise with two consultants who really understand the unique challenges organisations face. Their appointments reflect our ongoing commitment to delivering credible, confident and compliant support to clients across the UK.”

Rachel commented:

“I’m passionate about providing HR support that really makes a difference – helping organisations to navigate challenges, engage their people and achieve their goals. I’m delighted to be joining a team that shares those values.”

Claire added:

“Joining Narrow Quay HR feels like a perfect fit. I’m particularly looking forward to working with schools and trusts, supporting them through everything from compliance to culture – and helping leaders feel confident in their people decisions.”

With Rachel and Claire on board, Narrow Quay HR continues to grow its reach and reputation as a trusted HR partner – offering clear, compassionate, and expert support across a wide range of sectors.

April marks Stress Awareness Month – an ideal time to reflect on the well-being of your employees

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Stress is as prevalent as ever in today’s workplace, significantly impacting overall productivity, morale, and even the long-term success of the organisation. So, are you doing enough to support your employees?

The impact of stress

Many of us will know that stress is a natural response to the demands and pressures of life, but when it becomes chronic or overwhelming, it can lead to burnout, anxiety, and depression. According to the Health and Safety Executive (HSE) statistics for 2023/24, 776,000 employees suffered from work-related stress, depression or anxiety. This of course does not include those suffering with non-work related stress, managing busy personal lives as well as work or other commitments.   

Stress affects every aspect of an employee’s performance, from their ability to focus, to their level of engagement and overall satisfaction at work. Beyond individual health concerns, the ripple effect of stress on a team can manifest as absenteeism, attrition, and decreased productivity.

What can employers do to minimise stress for employees

While recognising the symptoms and impacts of stress is important, employers need to take proactive steps to create a supportive work environment and help employees manage stress before it becomes overwhelming. Here are some key strategies:

  • Educate employees on stress management: as well as written resources, consider running  workshops, drop-in cafes, training sessions on specific coping strategies such as mindfulness and time management.
  • Promote open conversations and mental health support: creating an environment where employees feel comfortable discussing their stress and mental health challenges is crucial in reducing the stigma around seeking help and making employees feel more confident in reaching out when needed. Encourage managers to check in with their teams regularly in their 1:1s and offer a supportive ear. If the organisation has an Employee Assistance Programmes (EAPs), signpost staff to any resources that could help such as CBT or counselling.
  • Foster a healthy work-life balance: finding the balance between work and personal lives can be a struggle for many employees. Offering flexible work options, such as remote work or flexible hours, can greatly reduce stress by allowing employees to manage their time more effectively. Encourage employees to take breaks throughout the day to recharge, and discourage a culture of overwork, where employees feel obligated to work beyond their normal hours or be available on their non-working days.  Employers should model healthy work-life balance behaviours avoiding after-hours emails or communications unless absolutely necessary.
  • Create a positive work environment: foster a culture of recognition, inclusivity, and support, where employees feel valued and appreciated. Regular recognition of employees’ hard work can boost morale and motivate individuals to perform at their best. The physical work environment is equally important – adequate lighting, ergonomic furniture, and access to spaces for relaxation can all have a significant impact on stress reduction. Small changes to the physical environment can create a more calming and conducive atmosphere for productivity.
  • Provide opportunities for employee engagement: Engaged employees are less likely to experience chronic stress. Offering opportunities for employees to engage in team-building activities, professional development and volunteering can help create a sense of purpose and belonging. These activities not only promote connection between employees but also offer a break from the routine pressures of the workplace.
  • Monitor workloads and set realistic expectations: overwhelming workloads and unrealistic expectations are among the primary sources of work-related stress. Consider implementing a system for monitoring work levels and providing support when necessary. Managers should be trained to spot signs of employee burnout and take appropriate steps to distribute tasks evenly, offer assistance, or adjust deadlines.
  • Encourage physical activity and wellness programmes: physical health is directly linked to mental well-being. Encourage employees to participate in wellness programmes, such as fitness challenges, yoga sessions, or access to gym memberships. Physical activity can greatly reduce stress and improve overall health, leading to greater productivity and fewer sick days.

External resources

Organisations such as Mind, Stress Management Society and Mental Health Foundation all offer useful advice and guidance for employees on managing their stress.  Signposting to external agencies can be helpful in encouraging staff to take an active role in managing their stress.

Stress Awareness Month is a timely reminder that employee wellbeing is essential to the success of any organisation. But it’s not a one-off activity.  It should be part of ongoing communication with staff on managing their mental wellbeing, educating them on the risks of stress, encouraging self-reflection, providing a safe environment to share if they’re struggling, and providing the tools and resources for them to manage and mitigate the impacts of stress. By taking a continuous and proactive approach,  employers can build a resilient and engaged workforce.

If you’re looking for tailored strategies, support or guidance in managing stress in your organisation please contact Helen Couchman in our team on 07799 901 669.

Managing collective consultations 

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Collective consultations will be familiar territory for many employers, whether they are seeking to make distinct changes to terms and conditions or are looking to implement wider scale structural changes.

We don’t have to look too far to recall employers who have failed to fulfil their obligations when it comes to running these types of consultations.

We know this is a very current topic for many – at our recent HR Club where we gave practical advice on handling consultations, the vast majority of attendees told us they were planning to do a collective consultation within the next 6 months, and expressed concerns and worries about getting the process right. So in this article we want to share some practical tips on how to handle collective consultations successfully.  

What is consultation and what are employers obliged to do?

The law requires that employers are obliged to consult with employee representatives if they are planning to dismiss 20 or more employees in a 90 day period if the reasons for those dismissals are because of redundancy or if the employer is proposing to terminate and re-engage employees.

There is a list specific information that needs to be provided in writing to employee representatives and then the law requires that the consultation should be on ways of:

  • Avoiding the dismissals
  • Reducing the number of employees to be dismissed
  • Mitigating the consequences of the dismissals.

How to get the process right 

Appreciating the legal context is only one part of the process however and often it is these other factors that employers don’t always consider. Below we have summarised the main points of our advice and best practice when doing consultations:

  • Engage in the process in good faith and with empathy
  • Understand your legal obligations – and consider legal advice
  • Prepare thoroughly before you begin, including by preparing key people
  • Have a clear business case for the proposal so that you can explain it to the employee representatives, prepare a timeline for the consultation, and prepare a meeting plan for each consultation meeting
  • Allow sufficient time for the process, and plan for the unexpected
  • Plan meetings and communications carefully
  • Give appropriate support to reps and manage relationships carefully
  • Be prepared to accept proposals that are made, and to give clear reasons where you don’t accept.

Getting the right support during a consultation can be a perfect solution to ensuring you manage the process effectively.  At Narrow Quay HR we have assisted a number of clients with their collective consultations – for reasons such as redundancies, changes to terms and conditions (including for independent school clients with possible changes to the Teachers’ Pension Scheme). We can support by providing scripts for consultation meetings, briefing relevant participants, training employee representatives, note taking and even chairing consultation meetings.

If you have a consultation in the pipeline and would like to discuss how we can assist you then please get in touch.  Or if you’d like to receive the recording of our HR club on consultation, please contact Simon Martin in our team on 07384 813 076.

Embracing Equality, Diversity & Inclusion – why it is important for employers

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The recent pushback against Equality Diversity & Inclusion (EDI) with the advent of a new administration in America has placed EDI front and centre in recent headlines but not necessarily for the right reasons.

Look beneath the negative headlines and there is a wealth of evidence about the benefits of embracing EDI in the workplace not only for the performance of an organisation but for the wellbeing of all staff.

Economic pressures and recent shifts in cultural attitudes may be causing organisations to reassess their EDI measures. In the past few months, we have heard a call for a return to a more ‘masculine energy’ in the workplace and suggestions that those who support work life balance simply do not ‘love’ their work. These attitudes can limit an organisation’s potential, surrounding yourself with people who look and think like you has rarely been a recipe for success. Organisations are more likely thrive where they make work accessible to people from all walks of life, benefitting from diverse talents.

What is EDI?

As with many acronyms, EDI is widely quoted by many but its terminology can often confuse, so what do we mean by EDI?

  • Equality – Equality means removing barriers to opportunity and giving everyone in your organisation fair and equal opportunities to succeed across all aspects of work life including progressions and training.
  • Diversity – In simple terms diversity is about the range of different people in your organisation, and respecting, recognising and celebrating those differences.
  • Inclusion- means everyone feels valued in work. Making sure people feel comfortable to be themselves and giving them a sense of belonging so that they feel safe to share ideas and raise concerns.

What EDI is not

EDI allows organisation to employ and progress the best people by removing barriers and opening up opportunities to people from diverse backgrounds who may otherwise be overlooked perhaps because of their ethnicity or social background. EDI does not mean you should be giving opportunities to less capable candidates to simply increase diversity. In fact such positive discrimination is not lawful in the UK as we have highlighted in a previous article here.

What are the benefits of EDI?

In the UK, employers are mandated to treat people fairly and to not discriminate in accordance with the Equality Act 2010. The benefits of effective EDI policies and procedures are often expressed in terms of avoiding legal claims for discrimination but there are wider benefits to be achieved beyond merely avoiding compensation payments.

The ACAS guide to equality, diversity and inclusion highlights the positive impacts of effective EDI within the workplace

  • Happier employees and workplace
  • Improved retention and attraction
  • Fewer people issues
  • Heightened innovation
  • Enhanced customer service
  • More successful organisations

McKinsey’s  ‘Diversity Wins: How Inclusion Matters’ report, published in 2020 found that diversity within executive teams had a positive impact upon profitability. Organisations in the top quartile of gender diversity within their executive teams were 25% more likely to have above average profitability than organisations in the lowest quartile. This was an increase from their earlier reports of 21% in 2017 and 15% in 2014. Higher ethnic and cultural diversity within executive teams also impacted profitability with organisations with 36% more likely to achieve above average profitability. This underscores the importance of diverse perspectives in leadership.

Diversity alone will not help increase an organisation’s performance. The report found that to realise the benefits of a diverse workforce, inclusivity is key. A safe environment is essential where people feel included give them confidence to share new ideas and to participate fully.

What should organisations be doing?

EDI is often cited in company mission and values’ statements but it is critical that EDI is embedded throughout your organisation to avoid it appearing to be tokenistic. The benefits can make a profound improvement to the working lives of people and to your organisations. Some ways to bring this in to the heart of what your organisation does, include:-

  • Leadership – Strong EDI practices start from the top; senior leadership should be role models of EDI practices promoting an approach of ‘do as I say AND as I do’.
  • Policies – Ensure that your policies are up to date and compliant. This isn’t just about having an EDI policy but reviewing other relevant policies to ensure they reflect the same approach of equality, diversity and inclusion.
  • Staff training – ensure that employees as well as line managers, understand the part that they play in creating an inclusive environment.
  • Communication – open communication with staff makes them feel valued and helps them to understand the values and ethos of your organisation.
  • Engagement – engage with your staff to get their honest views about their experiences of working for your organisation. You can do this via anonymised staff surveys. This will help you identify areas where you could improve.
  • Recruitment – Advertise your job opportunities in more than one place, there are a multitude of recruitment platforms (media?) that can expand the reach of your advert to diverse sets of communities. Use inclusive language in adverts so as not to deter candidates from different backgrounds.

For further information on this topic or to discuss how we can support you implement good EDI practices in your workplace, please contact Lisa Reynolds in our team on 07771 316 123.

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The UK Budget 2024: Implications for Employment Practices

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As the dust settles on the UK’s latest Budget announcement, business leaders with workforce responsibilities are examining its impact on their roles and organisations.

The Budget, presented amidst challenging economic conditions, brings targeted initiatives and changes in funding that will affect employment practices, recruitment strategies, and workforce management. Here, we summarise key points from the Budget, particularly as they relate to HR and employment, to provide insights on what business leaders should expect in the months ahead.

1. Investment in Skills and Training

A central theme of the Budget was enhancing the UK workforce’s skillset, emphasising future-ready skills and lifelong learning. Recognising the needs of an evolving digital and green economy, the Government has committed to significant funding to increase the accessibility of skills training in emerging fields. This focus will benefit organisations working to close skills gaps, as it may lead to more candidates with specialised skills in technology, renewable energy, and digital transformation.

Additionally, schemes like the “Lifelong Loan Entitlement” (LLE), set to launch in 2025, will provide workers with flexible access to financial support for upskilling throughout their careers. Business leaders can encourage employees to take advantage of such schemes, potentially aiding employee retention, by supporting career growth within the organisation.

2. Workforce Inclusivity: Boosts for Childcare and Flexible Working

To address barriers to workforce participation, particularly among parents and carers, the Budget has earmarked funds to expand affordable childcare. This initiative aims to ease the financial and logistical challenges for working parents, enabling them to re-enter or remain in the workforce. Business leaders should consider how expanded childcare access can influence recruitment, employee retention, and absenteeism. Furthermore, with continued calls for flexible working arrangements, businesses may look to blend government support with in-house policies to support work-life balance, known to be a key factor in employee satisfaction.

The Budget’s increased investment in inclusive workforce participation reflects a broader governmental push toward diversity, equity, and inclusion (DEI) that organisations may wish to mirror. Expanding internal DEI initiatives to align with these public goals can enhance the employer brand and attract a more diverse talent pool.

3. National Minimum Wage and Living Wage Increases

In line with the Government’s ambition to improve living standards, the Budget announced a rise in the National Minimum Wage (NMW) and the Living Wage. While beneficial to workers, this increase will raise costs for employers, especially those with large, low-wage workforces. It will also mean reassessing wage structures to accommodate new minimums while maintaining fair pay across the board. This shift might also impact budgeting for hiring and other workforce costs.

To balance these rising wage demands, organisations may look to adopt more efficient workforce management strategies, like automated scheduling and workforce planning, that can help streamline processes and reduce operational costs.

4. Encouraging Employment of Older Workers

The Budget places an emphasis on policies that support the recruitment and retention of older workers, aiming to capitalise on their experience and contribute to a multi-generational workforce to enhance knowledge sharing and create more inclusive workplaces. The Government is offering support for tailored training and wellbeing programmes for older workers. Employers can build on this initiative by developing age-inclusive policies, reassessing recruitment practices to reduce age bias, and exploring flexible work arrangements that cater to older workers’ preferences.

5. Green Jobs and Sustainability Initiatives

With the UK’s commitment to reaching net-zero emissions by 2050, the Budget has allocated funds toward creating “green jobs” in industries that support sustainability. As the demand for eco-friendly products and services grows, the workforce will need new skills to meet these demands. Organisations should be proactive in identifying green skills relevant to their sectors and consider partnering with training providers to upskill their employees accordingly.

Additionally, businesses with established environmental commitments may benefit from government grants for sustainability projects. Employers can use these developments to strengthen their organisation’s appeal among environmentally conscious job candidates and engage current employees in eco-friendly initiatives.

6. New Compliance Measures and Incentives

With a commitment to modernising compliance, the Government is increasing support for digital record-keeping and tax automation tools, especially for small and medium-sized enterprises (SMEs). This may mean adopting new technology platforms for HR and payroll that integrate with government systems for real-time reporting and compliance with payroll and tax legislation.

The Budget also introduced incentives for employee wellbeing, with new funds earmarked for mental health support in workplaces. This provides organisations with an opportunity to access grants for mental health initiatives, such as mental health first aid training and wellness programmes, which can improve productivity and retention while meeting growing employee expectations for mental health support.

Preparing for Change

The 2024 Budget offers employers both challenges and opportunities. From wage adjustments to support for skills development and inclusivity, there are numerous initiatives that will shape workplace practices in the coming years. To adapt effectively, organisations will need to:

  • Evaluate pay structures to ensure compliance with new minimum wages while maintaining internal equity;
  • Encourage upskilling through government-backed schemes, which can benefit retention and build a more resilient workforce;
  • Prioritise diversity, equity, and inclusion (DEI) by capitalising on childcare support and flexible work initiatives;
  • Foster an age-diverse workforce through re-training programmes and flexible work options;
  • Advance sustainability by aligning recruitment and training practices with emerging green job requirements.

By proactively integrating these changes, organisations can strengthen their competitive edge, foster an inclusive workplace, and contribute to a more sustainable and skilled workforce.

If you would like help to ensure you are adapting to and optimising opportunities arising from the 2024 Budget, or if you have any other HR queries, please contact Jo Bradbury in our NQHR team, on 07570 372118.

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The New Employment Rights Bill – what it means for employers

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The Employment Rights Bill, published on the 10th October 2024, is the flagship proposal by the new Government promising to ‘make work pay’. The Bill outlines the most significant and far-reaching changes to employment law for decades. In this article we review the proposals and the implications for employers including the most recent amendments to the Bill published last week.

What are the headlines?

Everyone is talking about – Unfair Dismissal – A “Day One” Right

Employees will have the right to bring a claim for unfair dismissal from the first day of employment and will no longer have to wait to be employed for 2 years before bringing a claim.

There will be an exception to this right in the initial period of employment, or what we would commonly refer to as a probationary period. In the probationary period the employer will need to carry out a ‘proportionate assessment of the employee’s suitability for a role’. At the time of writing, it has been confirmed that this period will be between 3 and 9 months.

The Government plans to consult extensively on this proposal but as a minimum it has said that employers will need to meet with employees to explain the performance issues before deciding to dismiss. Whilst this will be a lighter touch than the usual unfair dismissal, you will need to be able to show good, objective evidence of the employee’s unsuitability for the role, provide appropriate training and opportunities to improve.

This probationary period will relate to the employee’s suitability for the role and will not therefore apply to redundancy dismissals where full unfair dismissal rights will apply from day one.

Although the law will not come into force for 2 years you will need to start preparing as any new employees who start employment in the next couple of years will not have to wait the full 2 years to bring a claim if the new legislation comes into force in 2026 as planned. A new employee starting in Autumn 2025 will only need a year’s service as the new law would start in Autumn 2026. Ensuring that you have effective probationary management in place will therefore be key.

Doubling the Tribunal Claim Time Limit

In the amendment paper last week, the Government confirmed its intention to increase the time for bringing an employment tribunal claim from 3 months to 6 months for all claims. This is a significant change which would give employees more time to submit a claim but on the plus side would give employers more time to settle before any claims are issued.

Fire and Rehire and Zero hours contracts

The Bill will mean that it will be automatically unfair to dismiss an employee for refusing a contract variation. Employers will only be able to change contracts using this method in cases of financial necessity that threaten business viability.

Those on zero or low hours contracts will have the right to a guaranteed hours contract if they regularly work a defined number of hours. There will also have to be reasonable notice of shifts and compensation for last minute cancellations of shifts.

Statutory Sick Pay, parental and other Leave

Employees will be able to claim statutory sick pay from the first day of sickness absence and the earnings threshold is removed.

The qualifying periods for paternity and parental leave will be removed, giving employees these rights from day one. Employees will also be able to take paternity leave after shared parental leave.

In addition to bereavement leave of two weeks for the loss of a child, the bill extends this to other individuals. The leave for other relatives will be for a shorter period of one week and the regulations, which are to follow, will determine which relatives the leave will apply to. If there is more than one bereavement in the year the employee will be entitled to leave on each occasion.

There will be a presumption in favour of flexible working and the Bill makes it harder to refuse these. The right to request flexible working is already a day one right but where an employer refuses a flexible working request on one or more of the specified grounds, they will now have to show that the refusal is reasonable.

Protection for maternity and pregnancy

Regulations implemented following the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, extended existing protections so that they now begin on the day the employer is first notified of the employee’s pregnancy and end 18 months after the date of the child’s birth or after the date of adoption for parents taking adoption leave. 

The Bill proposes further enhanced protections for pregnant women and new mothers, including protection from dismissal during pregnancy and maternity leave. Employers will be unable to dismiss a woman who is pregnant or on maternity leave and during the initial 6 months period on return to work – except in specific circumstances.

Gender Equality Plans

The amendments have also included a new statutory obligation to produce equality plans related to gender equality (including gender pay gap and menopause) for organisations with 250 or more employees. As well as gender pay gap reporting these employers will have to explain what steps they are taking to help women experiencing the menopause.

Sexual Harassment

The new law on sexual harassment came into force on the 26th October 2024 and employers must take reasonable steps to prevent sexual harassment. The Employment Rights Bill proposes to change this law and make it stronger. Employers will have to show that they have taken all reasonable steps to prevent the harassment.

The Bill also makes it clear that the employers will be responsible for third party sexual harassment, see below.

Third Party Harassment

There is a significant change to the law on harassment. The Bill says that employers will be held responsible for harassment of their employees by third parties (related to any protected characteristic) where they haven’t taken all reasonable steps to prevent it. What will amount to all reasonable steps where third parties are concerned, remains to be seen.

Non-Disclosure Agreements

The amendment paper provides that any non-disclosure agreements which seek to prevent workers from disclosing details of harassment (including sexual harassment) will be void.

Future reforms

The Government has said that it will publish a ‘Next Steps’ document which will outline future reforms, including:

  • A ‘right to switch off’ to prevent out-of-hours contact, except in emergencies.
  • A commitment to tackle pay discrimination by expanding the Equality (Race and Disparity) Bill to mandate large employers to report on ethnicity and disability pay gaps.
  • A move towards a simpler two-part framework for employment status.
  • Reviews of parental leave and carers leave systems.

Do I need to panic?

The short answer is no! The Government has said that the new laws are likely to come into force in Autumn 2026 so you have time to prepare for these changes.

The Government plans to consult extensively on the proposals and some of those consultations have already started.

All of the consultations provide a crucial opportunity for you as employers, to influence the development of the Employment Rights Bill. The responses could shape the final form of the legislation. Don’t think that you are too small to make a difference – if you want your voice to be heard, review the proposals and provide your feedback to ensure that your perspectives are represented.

There will be consultation more widely on the implementation of other measures, so you will have the opportunity to feedback and shape the development of these changes.  There is therefore time to prepare but if you would like to discuss how we can help you get ready for these changes, please contact Lisa Reynolds in our team on 07771 316 123

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.

Teacher Strikes – What Options Are Available for Working Parents? 

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With planned strike action in England and Wales in the coming months, many working parents and carers will face challenges with childcare provisions. How can employers support their affected employees?

Union members are not required to share their intention to strike in advance, so it is very challenging for schools to anticipate the impact on their staffing levels and attempt to source adequate cover.

While the impact within early years settings is hoped to be less significant than within schools, some may also need to close as a result of employee absence. For some employees, particularly those with young children, it may not be possible to continue to work at all if their childcare provider or school is closed and they have no alternative support. 

How Can Employers Support?

During the pandemic, employers had to think creatively about how some employees could continue to work whilst juggling childcare responsibilities. Now is a good time for managers and working parents to revisit these contingency plans. This might include flexibility on when they work, for example, working during the evenings or swapping a working day, or temporary home working.

It may help to start the conversation early, reminding parents of local strike action dates. Some may have support with childcare available from family members, which may enable them to continue to work. For others, there may not be a ‘Plan B’ so it is important to be clear on how absence will be managed on these dates.

The following types of leave can be considered:

  • Annual leave – If the employee has sufficient annual leave, they may wish to request this according to your policy. However, it’s important to remember that annual leave is limited and if there are a significant number of days where strike action will disrupt their childcare provision they may be left with minimal annual leave to take holidays later in the year.
  • Taking time off for dependents – In most cases this is unlikely to be appropriate as the strike dates have been communicated some way in advance. However, employees have a right to absence to care for dependents where their care has broken down unexpectedly. The statutory right is to unpaid leave in these circumstances, although some organisations have now chosen to provide pay in support of working parents/carers.
  • Time off in lieu (TOIL) – Where an employee has worked a number of additional hours without pay, you may allow them to take this time ‘back’ as TOIL. As an employer, you may already have a policy on how TOIL is managed in your organisation and employees would need to follow the requirements for recording and requesting this leave.
  • Parental leave – Employees have a right to request unpaid parental leave up to a maximum of 18 weeks in total, before the child’s 18th birthday. Ordinarily, 21 days’ notice of the intention to take parental leave is required and it is usually taken in blocks of one week. Where only one day is required, this is recorded as a full week of the entitlement.
  • Unpaid leave – A final option to consider is to allow parents or carers to request unpaid leave. You may have a policy regarding unpaid leave that needs to be followed. 

We would encourage employers to be as flexible as possible. Working parents or carers may find this situation particularly stressful and disruptive both at work and at home. You may wish to remind your employees of any workplace sources of support that you offer, for example, via an Employee Assistance Programme.

For support on how you can best support your working parents and carers during the teacher strikes, or how to navigate more complex situations, please contact Kathryn Chidzey-Jones in our team on 07881 092524.

Long COVID – How Can Employers Best Support and Manage Staff?

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As long COVID has recently been ruled as a disability, we consider the implications for your workplace sickness management processes. 

Although we are approaching two and a half years since the pandemic hit the UK and living and working with COVID has become routine and common-place, long COVID remains a relatively new condition, with its effects still being properly researched. For employers this is likely to be a cause for concern, given the potential impact on the workforce.

In research conducted by the Chartered Institute for Personnel and Development (CIPD) and Simplyhealth at the beginning of 2022, 46% of surveyed organisations had employees who have experienced long COVID in the last 12 months. Whilst this number will continue to fluctuate, it is potentially a significant number of employees who will be trying to work whilst coping with long COVID symptoms. 

There is an expectation that more long COVID cases will come to tribunals, following the recent preliminary ruling in a Scottish tribunal case that long COVID did meet the definition of disability.  

What Is long COVID?

It is described as the persistence or development of symptoms attributed to COVID-19, lasting more than twelve weeks after initial infection. 

Common symptoms include: 

  • extreme tiredness, difficulty sleeping
  • shortness of breath
  • chest pain or tightness, heart palpitations
  • problems with memory and concentration
  • dizziness
  • joint pain, pins and needles
  • depression and anxiety
  • tinnitus, earaches
  • nausea, stomach aches diarrhoea
  • loss of appetite
  • a high temperature
  • cough, sore throat
  • headaches
  • changes to sense of smell or taste
  • rashes

People can experience the effects of long COVID for weeks, months and even years. Symptoms can come and go over time, sometimes getting better and sometimes getting worse. This means it can affect someone’s ability to work and/or cause them to have higher rates of absence.    

With the potential to last beyond twelve months and to have an adverse effect on day-to-day activities, this is where the question of disability comes in. Long COVID has been found to more severely affect older people, ethnic minorities and women.

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Effective Steps for Employers

With inconsistent performance and increasing absence, it’s easy to see how an escalation to capability processes could happen for an employee suffering with long COVID. 

As with any complex sickness issue, it’s important to seek expert medical advice before rushing into a management decision. This is where an occupational health referral can really help but ensure that you ask the right questions:

  • Is there an underlying medical condition?
  • How might it affect the individual’s performance of their duties?
  • What reasonable adjustments could be made in the short or long term? 
  • Whether or not the individual is likely to be covered by the Equality Act?

For this last question, the advice may not always be conclusive but the focus here should not be on determining whether an employee’s condition is a disability, but on getting them back to working at their best. This is where the reasonable adjustments – such as changes to hours and responsibilities, place of work – can really help.  

An Individual Response

With individuals being affected in different ways by a vast array of possibly fluctuating symptoms, a ‘one size fits all’ approach to absence management is unlikely to be possible. It’s therefore important to look at each case individually.

As well as considering and discussing any occupational health recommendations, employers should engage with individuals directly to understand what support they need during any absence and in their return. 

Ensure regular meetings – both during their absence and once they return to work – to provide an opportunity for them to raise any concerns they may have. Checking in regularly upon their return will not only provide positive dialogue and focus on their wellbeing but will also allow you to table any concerns re. workload and productivity early. Along with any adjustments this will demonstrate the support put in place by an employer.

What Else Can Employers Do?

Review existing absence management policies for employees with long term health conditions to ensure these are flexible to respond appropriately. Policies provide guidance but it may be necessary to tailor these to individual situations, for example considering the viability to revise absence thresholds. 

Utilise occupational health assessments as appropriate to discuss how and when an employee can return and what reasonable adjustments can be put in place to support their return, such as hybrid working, flexible hours, adjustment to responsibilities.

Consider refresher training for line managers on absence management processes, in particular the  use of occupational health referrals. Don’t assume your managers are confident in dealing with these situations as some may have had little or no experience of them and may be anxious about getting it right.

Similarly, you might want to provide awareness training for managers to increase their understanding of long COVID and its potential impact on employees and linking this up with absence management processes.

Looking Ahead

The number of people experiencing ongoing symptoms following a COVID-19 infection will likely increase over the coming months and years, and with that a possible increase in unfair dismissal claims. The argument for proactively supporting individuals to return to, and remain at, work is therefore strong. 

How employers deal with such cases could impact not only dismissal claims, productivity, recruitment and training costs of replacing exiting employees but also employee engagement. With competition fierce for skilled employees, employers who demonstrate supportive and positive management of employee wellbeing, including long COVID, will have a better chance of managing turnover and retaining employees.

If you have any questions about absence management, occupational health referrals or other HR queries, please contact Sue Meehan Boyes in our team on 07384 468797.