Tag Archive for: Employment Law

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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

Navigating the Christmas party season: guidance for employers

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Whilst the holiday season provides the opportunity to bring teams together to celebrate the festive period and achievements over the last 12 months, on occasion it can also lead to some management challenges.

This article explores some example scenarios, and outlines steps for how as managers you can resolve these.

“Tis the season to be jolly…”. During the run up to Christmas, there can be many team lunches, organisation parties and networking events which your team members may wish to attend. These can be useful opportunities for colleagues to spend time together informally and are a great way to boost employee morale and show employees they are valued. Where you have hybrid arrangements, it’s also a nice way to bring people together face-to-face.

However, where alcohol is involved, there may be occasions where a manager has concerns about an individual’s behaviour, or feels they may still be under the influence when they are back at work. In these situations, managers may wish to:

  • Consider whether there are any health and safety concerns, as keeping everyone safe should be the priority. For example, if they have a role involving and hazards or machinery, they should be removed from this area immediately.
  • Think about what is the best approach for the individual – this could be sending the individual home to rest, or asking them to stay at work where colleagues could keep an eye on them until it may be safe for them to go home.
  • Consider any impact on the organisation – i.e. should they be kept away from customers and away from clients.
  • When the individual has returned to work, take any appropriate further action in line with any relevant policies. Depending on the situation, this could range from an informal catch-up highlighting the concerns to an investigation as part of a disciplinary process.

Another potential scenario could be when a Christmas party incident subsequently causes issues in the workplace and impacts on working relationships. Ways managers could resolve these are:

  • By reminding individuals that they are in the workplace, and any personal issues should be kept aside.
  • See if there are opportunities to keep individuals apart and separate to allow time to ‘cool off’.
  • Refer to any relevant formal procedures – depending on the scenario, the disciplinary procedure may need to be invoked or mediation considered.

In both the above scenarios, it’s useful for managers to keep notes and records, in case any further issues arise.

Ideally, it is better to avoid scenarios like these occurring in the first place.  If you are particularly concerned about the potential for tricky situations, you might want to consider issuing a reminder to employees of behaviour expectations at these types of events and signpost them to relevant policies, such as your Code of Conduct or Alcohol and Drugs policies.

For further advice on supporting your team during the Christmas period, contact Rachel Walker in our team on 07392090890.  

Employment Rights Bill

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The Government published the Employment Rights Bill on Thursday 10th October. Here are the key proposed changes you should be aware of, should they become law, there is no firm date yet for when that would happen but it’s likely to be at some point next year:

  1. Unfair Dismissal: Protection from unfair dismissal will now be a ‘day one’ right, eliminating the two-year qualifying period.
  2. Probation periods: The Government will consult on a statutory probation period for new hires, we are expecting either six or nine months.
  3. Zero-Hours Contracts: 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.
  4. Fire and Rehire Practices: The Bill will mean that it will be automatically unfair to dismiss an employee for refusing a contract variation. This will be a significant change.
  5. Parental Leave: New rights for paternity, unpaid parental, and bereavement leave will be introduced from day one.
  6. Sick Pay: Statutory sick pay will become a ‘day one’ right, with the removal of the three-day waiting period and the lower earnings limit.
  7. Flexible Working: Flexible working will be strengthened by making it the default where this is ‘practical.’
  8. Protection for Parents: Enhanced protections for pregnant women and new mothers will be implemented, including protection from dismissal during pregnancy and maternity leave.
  9. Minimum Wage: The minimum wage will consider the cost of living, and discriminatory age bands will be removed
  10. Full liability for employers for third party harassment – this would be a significant change.
  11. Protected disclosures (aka whistleblowing) – allegations of sexual harassment will be covered.

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

  1. A ‘right to switch off’ to prevent out-of-hours contact, except in emergencies.
  2. 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.
  3. A move towards a simpler two-part framework for employment status.
  4. Reviews of parental leave and carers leave systems.

We anticipate you want to consider how you might be impacted by this Bill (should some or all of it become law). We will keep you updated on any further news through our monthly People Spotlight articles so do keep an eye out for them.

For specialist advice on employee wellbeing initiatives and mental health support in the workplace, contact Simon Martin in our team on at 07384 813076.

World Mental Health Day 2024: Prioritising mental health in the workplace

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As burnout rates continue to rise across industries, it has never been more important for organisations to take proactive steps to create healthier and more supportive working environments.

In recognition of this month’s World Mental Health Day and its theme “It is Time to Prioritise Mental Health in the Workplace”, we consider the impact of burnout on employees as well as organisations, the critical importance of placing mental health at the heart of organisational priorities, and outline the key strategies employers can adopt to mitigate and prevent it.

The impact of burnout

Burnout is not just an individual issue – it’s a widespread organisational crisis. Employees who experience burnout often face stress, anxiety, depression and exhaustion. This, in turn, leads to increased absenteeism, presenteeism, disengagement, and higher staff turnover. According to the Chartered Institute of Personnel and Development (CIPD) Health and Wellbeing at Work Survey 2023, mental health issues, including burnout, are one of the leading causes of long-term sickness absence. The average rate of employee absence per year has risen to 7.8 days per year, the highest in over a decade. If left unchecked, burnout not only harms employees’ mental health, but also affects the organisation’s overall efficiency.

Bridging the gap: From impact to solutions

Addressing burnout requires a multi-faceted approach that balances immediate support with long-term cultural change. Organisations that fail to act risk further exacerbating the consequences, while those that take proactive steps can create a healthier, more resilient workforce.  Outlined below are some key strategies for organisations to implement in order to assist with eliminating burnout.

Organisational strategies to eliminate burnout

  1. Set realistic expectations: Unmanageable workloads are a primary driver of burnout. Managers should set clear, achievable goals, redistribute tasks when necessary, and conduct regular reviews of workloads to prevent employees from feeling overwhelmed. Realistic expectations contribute to a healthier and more productive environment.
  2. Foster a supportive culture: Open conversations about mental health are crucial for reducing burnout. Employees should feel safe discussing their stress levels without fear of stigma. Training managers to recognise signs of burnout and providing support while fostering a culture of open dialogue around mental health can significantly reduce risk.
  3. Promote work-life balance: A balanced workload is essential for mental wellbeing. Offering flexible working hours, encouraging regular breaks, and ensuring employees take their vacation time are critical measures to prevent burnout.
  4. Provide mental health resources: Offering access to Employee Assistance Programmes (EAPs), counselling services, and mental health days gives employees vital tools to manage stress before it escalates into burnout. Implementing wellness initiatives and hosting mental health workshops also help to build awareness and resilience.
  5. Encourage autonomy and recognition: Empowering employees with control over their tasks and schedules helps reduce stress and improves job satisfaction. Recognising employee contributions boosts morale and combats emotional exhaustion, helping to prevent burnout from taking root.

Prioritising mental health in the workplace is not just a one-day initiative; it’s a long-term commitment that organisations must embrace all year-round. By taking meaningful steps to address burnout and foster a culture of mental wellbeing, organisations can ensure a more engaged, resilient, and productive workforce.

For specialist advice on employee wellbeing initiatives and mental health support in the workplace, contact Megan Britz in our team on at 07468 698957.

Race & diversity in the workplace – The Bristol Bus Boycott and beyond

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Last month, the West of England branch of the CIPD held an event at the VWV Bristol office, focused on race and diversity in the workplace. The key speaker was the exceptionally inspirational Julz Davis of Curiosity UnLtd, a ‘think-and-do tank’ who aim to “transform Bristol from the 7th worst into the best place to live in the UK for People of Colour”.

The event was themed around the Bristol Bus Boycott of 1963, which is regarded as one of the pivotal moment in the fight against racial discrimination in the UK. It began when local activists became aware that the Bristol Omnibus Company, a state-owned company, had a ‘colour bar’ in place which meant that the company refused to employ Black or Asian bus crews. 

This led to a boycott of the bus company and a series of other protests, with support from the wider community and from the then Bristol Labour MP Tony Benn. The boycott gained significant attention, eventually forcing the bus company to reverse its policy, and highlighted the need for legislative change to address widespread racial inequality.

The protests played an influential role in the development of the Race Relations Act 1965, the first piece of legislation in the UK to address racial discrimination. While the Act initially only focused on discrimination in public spaces, it laid the groundwork for future legislation that would tackle racial inequality in more areas of society, including employment. The Race Relations Act 1968 would follow, extending protections to housing and employment, with both Acts sitting at the heart of The Equality Act 2010. 

For employers today, the legacy of the Bristol Bus Boycott remains a crucial reminder of the importance of fostering inclusive workplaces. The world of employment has seen major advancements in ensuring fairness and equality since 1963, but there is still a great deal of work to be done.

On 10th October 2024, the new Government set out its ambitions in this area in the document “Next Steps to Make Work Pay”, which includes reference to the Equality (Race and Disability) Bill. This is intended to include measures such as the right to equal pay for Black, Asian, and ethnic minority individuals, as well as disabled people. This would mean that equal pay claims on the basis of ethnicity or disability would be treated the same as those made by women, and that employers with more than 250 employees would be required to publish ethnicity and disability pay gap reports to reveal any disparities in wages between different groups.

You can find out more about the Bristol Bus Boycott 360 campaign here.

Practical tips for increasing race equality in the workplace

  • Commit to Diversity Goals: Set clear, measurable diversity and inclusion goals, and regularly track progress to ensure accountability.
  • Implement Bias Training: Provide training on unconscious bias and cultural competence for all employees, focusing on how biases can affect decision-making and workplace dynamics.
  • Diversify Recruitment Channels: Expand recruitment efforts to include diverse job boards, community organisations, and colleges to attract a wider range of candidates.
  • Improve Selection Practices: Use structured interviews and standardised evaluation criteria to minimise bias in the hiring process, ensuring all candidates are assessed fairly.
  • Foster an Inclusive Culture: Promote an environment where all employees feel valued and included by celebrating diverse cultures and perspectives through events and initiatives.
  • Provide Mentorship Opportunities: Establish mentorship programmes that connect employees from underrepresented backgrounds with senior leaders to support career development and growth.
  • Regularly Review Policies: Evaluate and revise workplace policies to identify and eliminate practices that may unintentionally disadvantage employees from diverse racial backgrounds.
  • Solicit Feedback and Act on It: Create channels for employees to share their experiences and suggestions regarding race equality, and actively implement changes based on their feedback.

For specialist support on this topic or to discuss any other HR matter, please contact Andrew Miles in our team on 07468 698 975.

Understanding the new Sexual Harassment Prevention Duty

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In recent years, the conversation around workplace culture and employee wellbeing has intensified, particularly regarding the issues of sexual harassment.

On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces new sections into the Equality Act 2010, placing employers under a duty to take ‘reasonable steps’ to prevent the sexual harassment of their employees in the course of their employment.  In this article we outline the key aspects of this new Preventative Duty and the practical steps employers should be taking to ensure compliance.

What is the new duty?

The duty places a proactive responsibility on employers to prevent sexual harassment in the workplace, including a duty to protect workers from harassment (of all types) by third parties such as customers or clients. It outlines that employers are required not only to respond effectively to incidents of harassment but also to take reasonable steps to prevent such incidents from occurring in the first place.

Key features of the duty:

  • Proactive Prevention: Employers must implement policies and training aimed at preventing sexual harassment. 
  • Cultural Assessment: A focus on workplace culture will be essential. Employers are encouraged to regularly assess their workplace environment and practices.
  • Clear Reporting Procedures: There must be clear mechanisms in place for employees to report harassment without fear of retaliation.
  • Accountability: Employers can be held accountable not just for incidents that occur but also for failing to take adequate preventative measures.

Employment tribunals will be able to award an uplift of up to 25% to an employee’s discrimination compensation where they find that there has been a breach of the duty.  Given that compensation awards for harassment claims are uncapped, failing to comply with the new duty could be costly.

Practical steps employers should undertake now

1. Conduct a culture audit

Start with a thorough culture audit to assess the current state of your workplace. This should include:

  • Employee Surveys: Gather anonymous feedback on perceptions of workplace safety, inclusivity, and experiences with harassment.
  • Focus Groups: Conduct focus groups to gain deeper insights into employee concerns and suggestions for improvement.
  • Policy Review: Assess existing policies related to harassment, discrimination, and reporting mechanisms. Ensure they align with the new duty.

2. Risk assessments

Implement risk assessments focused on identifying potential harassment risks specific to your workplace. This includes:

  • Identifying High-Risk Areas: Assess departments or roles where incidents may be more likely to occur, such as those involving power dynamics or close personal interactions.
  • Environmental Factors: Consider workplace layout, social activities, and remote working practices that could contribute to harassment risks.

3. Training and awareness

Develop comprehensive training programmes tailored to your organisation’s needs:

  • Mandatory Training: Ensure all employees, including leadership, undergo training on sexual harassment, focusing on recognising, preventing, and responding to inappropriate behaviour.
  • Regular Refreshers: Establish ongoing training sessions to keep the conversation alive and encourage continuous learning.

4. Enhance reporting mechanisms

Make it easy for employees to report incidents:

  • Anonymous Reporting Options: Consider introducing secure and anonymous channels for reporting harassment, ensuring employees feel safe to speak up.
  • Clear Procedures: Develop and communicate clear procedures for how reports will be handled and the support available to those who come forward.

5. Foster open communication

Create an environment where employees feel empowered to discuss concerns:

  • Regular Check-ins: Encourage managers to conduct regular one-on-one check-ins with their team members to discuss workplace culture and any concerns they may have.
  • Leadership Role: Ensure leaders model appropriate behaviour and promote a zero-tolerance stance on harassment.

6. Monitor and evaluate

Implement a system to monitor the effectiveness of your measures:

  • Regular Reviews: Set up a schedule for regular reviews of harassment policies and procedures, incorporating employee feedback.
  • Incident Tracking: Keep track of reported incidents and responses, using this data to inform future training and policies.

Conclusion

The new Preventative Duty presents both challenges and opportunities for organisations. By taking proactive steps now – conducting audits, implementing robust training programmes and fostering a culture of continuous review and open communication – employers can not only comply with the new legislation but also contribute to a more respectful and inclusive workplace.

If you would like discuss how you can ensure your organisation is compliant with the new duty, or to enquire about our Workplace Culture Strategy Support Package, training courses, or risk assessment templates, please contact Jo Bradbury in our team, on 07570 372118.

The new Growth and Skills Levy and Skills England

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The Government has announced the introduction of a new growth and skills levy to replace the current apprenticeship levy. With the implementation date as yet unknown, we consider what is known so far about the new levy alongside the recent announcement on Skills England, and the implications for employers.

What do we know about the new levy?

The growth and skills levy are likely to have a broader goal than the current apprenticeship levy. It’s focused on funding skills development across the board, not just apprenticeships, and it’s geared towards supporting economic growth by addressing a wider range of training needs in the workforce.

Speaking at the recent Labour annual conference, the Prime Minister said the “new apprenticeships will give young people a route in to careers in critical sectors, enabling them to earn a wage whilst developing skills”, adding “We’ve got to give businesses more flexibility to adapt to real training needs.”

As well as identifying that the focus for funding will be for those at the beginning of their careers, the announcement suggests that apprenticeships for the equivalent of a master’s degree will no longer be funded by the levy.

What are the key differences between the Apprenticeship levy and Growth and Skills levy?

With the apprenticeship levy, any money employers pay in can only be used for apprenticeship training and assessments, which must last at least 12 months. The funds are accessed through an online account, and if you don’t spend the money within two years, it expires. It’s strictly for apprenticeship-related training that leads to qualifications.

The growth and skills levy is more flexible. Employers could use the funds for different types of training, such as leadership courses, reskilling staff for new roles, or more specialised industry training. It will allow funding for shorter apprenticeships, giving learners and employers greater flexibility over their training than under the existing system. The aim is to support growth by filling various skill gaps, not just through apprenticeships.

Skills England

In related news, the Government launched Skills England in July to help identify skills needs. It has suggested there is a very real and pressing need for such a review, reporting that between 2017 and 2022 skills shortages in this country doubled to more than half a million, and now account for 36% of job vacancies.

Speaking about the purpose of Skills England, Education Secretary Bridget Phillipson said it will “jumpstart young people’s careers and galvanise local economies. It will bring businesses together with trade unions, mayors, universities, colleges and training providers to give us a complete picture of skills gaps nationwide, boost growth in all corners of the country and give people the opportunity to get on in life”.  In its first report, published on 24 September 2024, Skills England has assessed working skills across the country and future skills needs and gaps. It has analysed the spread of skills across regions and looked at jobs in high demand and skills needed in key sectors.

What’s next?

The Government has said further detail on the new levy will follow “in due course”.  Skills England says it will ‘engage with stakeholders’ in the autumn of 2024, via round tables and webinars, to test and refine its initial assessment of skills needed. It will also consult employers and other stakeholders about what training the growth and skills levy should fund.

As recruitment budgets come under pressure and skills gaps increase, some organisations could find the new levy provides opportunities for creative ways to manage those resource challenges. 

We will of course keep you up to date with developments. In the meantime, if you would like to discuss this topic further or any other HR matter, please contact Simon Martin in our team on 07384 813 076.

Baby Loss Awareness Week: what can employers do to support?

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In recognition of Baby Loss Awareness Week next month (9-15 October), we look at the statutory obligations and how workplaces can support staff affected by baby and pregnancy loss.

The inaugural baby loss awareness day was on October 15 2002 and was initiated by a group of parents. The annual campaign is now organized by the Baby Loss Awareness Alliance, which has a working party formed of six charities. These are:

  • Sands – saving babies lives. Supporting bereaved families
  • Bliss – for babies born premature or sick
  • The Ectopic Pregnancy Trust
  • The lullaby trust – safer sleep for babies, support for families
  • The Miscarriage Association; and
  • Tommy’s

Baby Loss Awareness Week is described by them as an opportunity:

  • To support bereaved parents and families and to unite with others across the world to commemorate their babies’ lives and lost pregnancies
  • To raise awareness about pregnancy and baby loss
  • To drive improvements in care and support for anyone affected and in the prevention of pregnancy and baby loss

How can you support this campaign?

Organisations can show their support for Baby Loss Awareness week in a number of ways. There are template posters and social media banners on the website, workplaces can hold an event or order pink and blue pins that staff can opt to wear. John Lewis is a big supporter of the campaign and in 2023 it lit up it’s flagship store in London in shades of pink and blue to mark the start of Baby Loss Awareness Week.

Support for your workforce

If you are reading this article and interested in supporting Baby Loss Awareness Week, then chances are you might also be wondering what support you are required to have in place and what opportunities there might be to enhance that.

Pregnancy and baby loss can occur in the form of miscarriage or stillbirth. A stillbirth happens when a baby is not born alive after 24 or more weeks of pregnancy, occurring in about 1 in every 200 births in England. If a baby dies before 24 weeks, this is considered a miscarriage of late foetal loss.

These distinctions are important when it comes to the statutory entitlements available to employees. When a baby is stillborn after 24 weeks or born alive at any stage but does not survive (referred to as neonatal death), all legal rights related to childbirth apply. This includes entitlement to maternity leave.

  • Maternity leave begins the day after the birth if it hasn’t started already.
  • Employees can return to work before the end of maternity leave by giving eight weeks’ notice. An employer may accept a shorter notice period, but employees cannot return during the first two weeks after the birth due to compulsory maternity leave regulations.
  • Both parents may also be eligible for statutory parental bereavement leave and pay in cases of stillbirth or neonatal death, in addition to maternity and paternity leave.

If a miscarriage occurs within the first 24 weeks of pregnancy, it is not legally classified as childbirth. As a result, parents are not entitled to statutory maternity, paternity, or parental bereavement leave. However, any necessary leave can be treated as pregnancy-related sickness under standard sickness policies.

Opportunities to offer additional support

In recognition of the challenge any form of baby loss can have on affected staff, some employers choose to offer additional support to any statutory entitlements. This can include a period of paid leave and support in cases of pregnancy loss at any stage. Some employers have taken a more proactive approach and developed specific policies covering miscarriage, stillbirth, neonatal death, unsuccessful fertility treatments, and abortion.

These polices can cover things like what an employee should do if they suffer a miscarriage whilst at work, signpost employees to internal support systems such as an Employee Assistance Programme (EAP) or a pregnancy or baby loss champion, if there is one, to explain entitlements to leave and pay. Recognising that baby loss can be a very individual experience, some employers choose to involve their staff in the development of any such policies, to ensure the support offered is relevant and meaningful for all staff. Taking this approach can really help to demonstrate an organisation’s commitment to supporting employees and provide a clear framework and reference point to help everyone during what is likely to be a very distressing time for the individuals affected.

Baby Loss Awareness week is an opportunity to actively showcase your support with communication campaigns and events. As with many sensitive topics, creating the space for discussion is often the starting point and can facilitate opportunities for further engagement. But most of all, a genuinely compassionate, supportive and thoughtful approach is likely to be hugely appreciated and give individuals one less thing to worry about as they recover from their loss.

If you would like any support or advice on this topic, please contact Sarah Martin in our team on 07799 136 091.

Happiness at work: a key ingredient for productivity, creativity, and overall organisational success

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In the month when we celebrated International Happiness at Work (23 – 27 September), we consider the rationale behind prioritising ’employee happiness’ and suggest actions employers can take to bring it to life in their workplaces.

Why is happiness at work important?

Research has shown that employees who are happy and feel a sense of wellbeing at work tend to be more productive, take fewer sick days, and contribute to a more positive and collaborative work environment. One such piece of research by Oxford University Saïd Business School found a conclusive link between happiness and productivity. In their research of call centre staff, they found that happy employees not only worked faster, making more calls per hour, but also achieved 13% higher sales than their unhappy colleagues. The CIPD and the Harvard Business Review agree and also point to the link between staff happiness and retention and engagement.

The call to action

Acknowledging the importance of happiness at work on its own is not enough. Employers need to take actionable steps to create a more positive and fulfilling working environment. Here are some ways your organisation can make happiness a priority:

  1. Organise Wellbeing Workshops: Host sessions focused on mindfulness, stress management, and work-life balance. Providing employees with tools and techniques to manage their wellbeing can make a significant difference in their daily work experience.
  2. Encourage Open Communication: Create an open forum where employees can share their thoughts and suggestions on how to improve their working environment. You might use online engagement tools, suggestions boxes or just talk to your staff. Whichever mechanisms you choose, listening to and importantly, acting on employee feedback can enhance their sense of belonging and satisfaction.
  3. Recognise and Celebrate Achievements: Recognise and celebrate the achievements of your team members. You might use formal awards, shout-outs, or simple in-person acknowledgments – celebrating success fosters a positive and motivated atmosphere.
  4. Promote Work-Life Balance: As remote and hybrid work models become more prevalent, it’s easier than ever for the lines between work and home life to become blurred. Promote flexible working arrangements or opportunities for additional time off. Encourage positive working practices at all levels to set boundaries, enabling staff to switch off after work hours. Supporting employees in achieving a better work-life balance can reduce burnout and increase overall happiness.
  5. Foster Team Building: Team relationships play a crucial role in creating a happy, productive workforce. Whatever team-building activities you plan, make sure they are both enjoyable and inclusive. Building strong relationships can create a more collaborative, innovative and supportive team. Strong team bonds can also lead to lower employee turnover.
  6. Offer Wellness Initiatives: Consider introducing wellness programmes such as fitness challenges, healthy eating options, or mental health resources. Investing in employee wellbeing demonstrates a commitment to happiness and health.

While International Week of Happiness at Work shines a spotlight on employee wellbeing, creating a culture of happiness and support should be an ongoing effort. Use it as an opportunity to reassess your organisation’s approach to employee happiness and consider if there are ways you can enhance that offering, to embed a culture of joy and wellbeing into the fabric of your organisation. By focusing on wellbeing initiatives, open communication, work-life balance, team building and recognition, you can create a culture where employees feel happy, valued, and motivated to succeed, for themselves and for your organisation.

For specialist advice on how you can create and sustain a positive workplace culture, contact Megan Britz in our team on 07468 698957.