Tag Archive for: Employment Law

How Narrow Quay HR can support Healthcare Providers

Home | Employment Law

Narrow Quay HR: Tailored HR support for healthcare providers, including pragmatic and cost-effective advice on employment matters, contract and policy review, training, workplace mediation, leadership development, and more.

Healthcare Providers face unique and often complex HR challenges. With an ever-changing regulatory landscape, increasing patient demands, and the need to maintain a motivated and engaged workforce, it is vital for healthcare organisations to have robust HR frameworks in place. As a specialist HR consultancy that sits within VWV, Narrow Quay HR (NQHR) is exceptionally well-positioned to support healthcare providers by offering tailored HR solutions that address their specific needs.

NQHR history and background

NQHR was founded in 2017 by two lawyers in VWV’s Employment Law team, Caitlin Anniss and Sarah Martin. Since then the team has grown considerably and today all of our HR consultants are either fully qualified employment lawyers or experienced HR professionals who give our clients both solid legal grounding and pragmatic HR advice. The delivery of commercial, creative and pragmatic advice is tailored for each client, regardless of the size of the organisation. Narrow Quay HR has extensive experience working with healthcare providers.

Key Services Healthcare Providers

  1. HR Retainer Service: Our monthly or annual retainer package offers flexible HR support to your organisation at a level tailored to your HR needs. Your dedicated named HR consultants are on hand to all aspects of HR support, advising on complex employee situations, drafting letters and emails, or simply acting as a sounding board. We work proactively alongside you to support you in managing challenging issues and achieving your organisation’s strategic people goals. There is the option to add insurance to the retainer to provide peace of mind in the event that matters proceed to a legal claim
    1. Employment Contracts and Policy Audits: Ensuring that employment contracts and policies are up-to-date and legally compliant is crucial. Narrow Quay HR can review and update contracts, handbooks, and policies to reflect current legislation and best practice. This helps both to mitigate risks and maintain a positive employer-employee relationship. We also offer an updating service, giving you piece of mind that the documents remain current.
    2. HR Training: Training is essential for maintaining a high-performing workforce. Narrow Quay HR provides bespoke training sessions tailored to the healthcare sector. This includes training on managing difficult conversations, handling absences and performance issues effectively and broader management and leadership training. , .
    3. Workplace Mediation: Conflicts in the workplace can be particularly disruptive in a healthcare setting, where teamwork and collaboration are essential. Narrow Quay HR provides impartial mediation services to help resolve conflicts quickly and effectively, minimising disruption and maintaining a harmonious working environment.
    4. Workplace Investigations: Unfortunately, sometimes serious disciplinary or grievance matter arise in the workplace , which require impartial and thorough investigations. Narrow Quay HR offers a confidential and professional investigation service, ensuring that matters are handled fairly and in compliance with employment law. This allows organisations remain focussed on their core activities, confident that the issue is being dealt with professionally and effectively.
    5. Coaching and Leadership Development: Effective leadership is critical in all sectors and the healthcare sector is no different. Narrow Quay HR offers  coaching for practice managers, partners, and other leaders to enhance their management skills and support their professional development.

    Narrow Quay HR stands out for its practical, client-focused approach. We understand the pressures faced by healthcare providers and work closely with clients to deliver tailored solutions that are both pragmatic and cost-effective. Our emphasis on plain English advice ensures that clients can easily understand and implement their recommendations. We work closely with our colleagues in VWV and will always let you know if we consider that their qualified legal advice would be helpful.

    The healthcare sector is a uniquely demanding environment, but with the right HR support, organisations can overcome challenges and thrive. Narrow Quay HR’s expertise, tailored services, and practical approach make us an invaluable partner for GP practices and other healthcare providers. Whether it’s resolving workplace disputes, providing training, or managing HR processes, Narrow Quay HR ensures that healthcare organisations are equipped to meet their workforce needs with confidence.

    For more information, please contact Andrew Miles at Narrow Quay HR by telephone on 07468698975 or by email at amiles@narrowquayhr.co.uk

    Employment Rights Bill – Getting ready for the changes

    Home | Employment Law

    The last few months have seen much back and forth between the House of Lords and House of Commons regarding the long awaited Employment Rights Bill. It is expected that the House of Lords will consider the latest draft of the Bill on 28 October 2025, meaning Royal Assent is likely to be delayed until sometime in November. These delays mean that staying informed and prepared is even more crucial for organisations. This article offers an update on the latest developments, explores areas still under discussion, and provides practical advice to help HR teams navigate the changes effectively.

    Latest Developments

    Once the bill has reached Royal Assent, the implementation process set out in the government roadmap will begin in earnest. Some commentators have suggested that the delays caused by the debate between the Houses and the recent ministerial changes, could impact the timeline for implementation of the Bill, but so far the government has given no such indication. As a consequence we may see the timeline for consultations squeezed.

    As we know, the aims of the Bill are to enhance workplace protections and rights, focusing on inclusivity and fairness. The Employment Rights Bill is expected to be implemented in stages, with some provisions taking effect immediately and others rolling out over the next few years. It’s therefore important that employers and HR managers stay updated on the timeline to ensure their organisations are compliant at every stage.

    Key updates include:

    • Simplified flexible working request processes, empowering employees to seek adjustments to their working patterns.
    • Stronger protections against workplace harassment, with clearer employer responsibilities.
    • Pay transparency requirements, ensuring fairness in advertised roles.
    • Extended redundancy protections for pregnant employees and new parents.

    These updates represent a significant shift in employment practices, requiring alignment of policies and procedures accordingly.

    Unresolved Questions

    While the Bill outlines ambitious goals, some areas remain uncertain. These include:

    • Exact timelines for implementing changes.
    • Detailed enforcement mechanisms for pay transparency and harassment protections.
    • Clarifications on the scope and definitions within the legislation.
    • These uncertainties mean organisations should be proactive but must also remain flexible, anticipating further updates and guidance in the coming months.

    Practical Steps to Prepare for the Changes

    Policy Review

    Conduct a thorough audit of current policies, focusing on areas impacted by the Bill, such as flexible working, redundancy protections, and anti-harassment measures. Ensure alignment with the proposed changes to avoid compliance issues.
    Pay Audit
    Conduct an audit of pay structures and working conditions to identify any gaps in transparency.

    Diversity Reporting

    Prepare for mandatory diversity reporting by collecting and analysing workforce data.

    Training and Development
    Train managers and HR teams on the new protections against unfair dismissal and redundancy, and consider developing more robust probationary procedures and embedding strong and timely practices amongst line managers.

    Familiarisation
    Equip employees with the knowledge they need to adapt to the new regulations. Training sessions can help clarify roles, responsibilities, and expectations under the updated laws.

    Dissemination and Employee Engagement
    Develop a communication plan to inform employees about their enhanced rights and changes to policy. Highlighting this early, and revisiting this as you approach the implementation date(s), will help to embed knowledge and understanding of the changes. Transparency fosters trust and ensures smoother implementation of new policies.

    Stay Informed
    Monitor reliable sources for updates on the Bill, including government announcements and legal insights. Staying ahead of developments will enable your team to plan effectively. Our Employment Rights Bill tracker is designed to help you keep up to date with all of the changes.

    Navigating legislative changes can be complex, but support is available. We will continue to report on key developments. For tailored advice and assistance in preparing for the Employment Rights Bill, please contact Jo Bradbury in our team on 07570372118.

    Handling difficult conversations: How line managers can move things forward with kindness and clarity

    Home | Employment Law

    Difficult conversations are part and parcel of managing people – whether it’s enforcing adherence to organisational policies or dealing with poor performance, it’s the well-trodden, familiar path for many managers. But not all of them feel comfortable having those conversations – this might be due to a lack of confidence, skills or concern about how someone may react – whatever the reason, it can be a daunting task for many. Done badly, these conversations damage trust and morale. Done early and well, they can preserve relationships and prevent bigger problems later.

    The truth is, no one likes having these conversations. Even experienced managers feel the nerves. Research from the Chartered Management Institute found that:

    • 66% of people feel stressed or anxious if they know a difficult conversation is coming.
    • 57% would do almost anything to avoid it.
    • 52% of managers said they’d rather “put up with” a negative situation than talk about it.
    • 43% admitted they’d lost their temper during one.
    • 40% even confessed to panicking and telling a lie.

    So why is it so tricky? Because conversations touch people’s identity, expectations, and trust. And because most of us aren’t taught how to do it well. But avoiding the conversation only makes things worse: silence lets issues fester, performance slide, and relationships fracture.

    A mindset shift

    Difficult conversations don’t have to mean conflict. They can mean clarity, accountability, and even trust – when approached through the lens of kind leadership.

    A kind leader isn’t soft. They are purposeful, compassionate and clear. Here are some principles to hold in mind:

    • Active listening and open communication — listening to understand, not just replying.
    • Authenticity and vulnerability — admitting when you don’t have all the answers.
    • Recognition and appreciation — acknowledging effort as well as outcomes.
    • Empathy and curiosity — seeking to understand the “why” behind behaviour.
    • Accountability with compassion — high standards delivered kindly and clearly.
    • Inclusive decision-making — involving people where possible, which builds buy-in.
    • Growth mindset — creating space for learning and improvement.

    A structure you can actually use

    Preparation and structure make conversations less daunting:

    • Prepare the facts — What exactly happened? Gather examples. Write notes.
    • Arrange the meeting properly — private space, give notice (“Can we talk tomorrow about X?”), avoid both ambush and weeks of anxious waiting.
    • Open with purpose — “Thanks for meeting. I want to talk about X so we can get this right.”
    • Set out the issue with examples — stick to facts and impact: “The report was two days late, which delayed Y.”
    • Invite their perspective — open questions, then listen actively.
    • Work the way forward together — co-create solutions: “What support do you need to make this work?”
    • Close with clarity — agree actions, timescales, and follow up in writing.

    A note on the feedback sandwich: it can feel contrived. Use it only if the positives you share are genuine. Otherwise, aim for direct, kind clarity.

    How to handle those tricky moments

    Of course, even the most well-prepared and structured conversations don’t always go to plan. If it looks like the conversation isn’t going to plan, here are some useful prompts to get you back on track:

    If someone gets defensive, say to them “I can see this is difficult. My intention is to help us get back on track. I want to hear your view so we can solve this together.”

    If they go quiet, you can say “I notice you’ve gone quiet — that’s okay, take a moment. I want to make sure I understand your perspective.”

    If they deflect blame, reply with : “Thanks, I hear that. From my side the impact has been X. Help me understand what stopped you from meeting the expectation.”

    The role of policies and support

    Don’t forget the scaffolding around you:

    • Be familiar with your organisation’s policies – they exist to guide you and protect everyone involved.
    • Your line manager and HR contacts are there for support, especially as situations escalate or grow complex.
    • Don’t be afraid to rehearse with a peer or manager beforehand. Preparation is not weakness – it’s professionalism.

    If you’d like further support on this topic or to discuss our training on managing difficult conversations in your workplace, please contact Sarah Martin in our team on 07799 136 091.

    Navigating neonatal care leave

    Home | Employment Law

    In our March Spotlight article, we outlined the key updates for employers to be aware of regarding the Neonatal care leave legislation which went live from 1st April 2025. This included an overview of eligibility requirements, and explained how the Act considered the rights to leave and the right to pay separately.

    The government has recently published further supporting guidance for employers in managing neonatal care leave requests from employees. In this article we’ve outlined the key points employers need to consider, along with some examples of how it works in practice.

    Below is a timetable of the key changes – and what employers should be doing to prepare.

    Information required by employees

    Employers do not need to see documentary evidence to take neonatal care leave. You should not ask your employee to share medical information about their baby’s condition.

    Employers can be flexible in how they ask employees to make a request for neonatal care leave under tier 1, so phone, email, WhatsApp would be acceptable.

    There can be situations where a baby is admitted to neonatal care on more than one occasion, which means leave entitlement would need to be checked. Employers should ask their employees to keep a record of dates of treatment.

    If the employee is eligible for neonatal care pay, they are required to provide information in writing., which includes the baby’s date of birth, date they started to receive neonatal care, and confirmation that the employee meets the parental relationship criteria..

    This information is also required for tier 2 leave requests.

    The tier system

    Neonatal care leave is divided into tiers, to determine when the leave can be taken and notice requirements.

    • Tier 1 applies when the baby is still receiving neonatal care. It can be taken in non-consecutive blocks. Employees need to advise their manager before their first day of Neonatal care leave, or as soon as is reasonably practical
    • Tier 2 will apply after the baby has been discharged from neonatal care, and needs to be taken in one continuous block. Employees need to give at least 15 days’ notice to take a single week, or 28 days’ notice for two or more consecutive weeks – although employers could decide to waive the statutory notice requirements.

    Scenario 1 – Tiers in practice

    • A baby is admitted to neonatal care immediately after birth and remains there for four weeks.
    • The mother has already began maternity leave, which cannot be replaced by neonatal care leave – so does not take Tier 1 leave
    • When her maternity leave ends, she uses her entitlement to neonatal care leave by requesting four weeks of Tier 2 leave and follows necessary notice requirements
    • Her partner takes his paternity leave when the baby is born for two weeks
    • Her partner returns to work for a week
    • Her partner then then takes one week of neonatal care leave under Tier 1
    • He then provides his employer with the relevant notice, and takes the remaining three weeks’ entitlement of neonatal care under Tier 2

    Multiple Births

    The requirement for neonatal care can be higher in multiple births (twins or triplets). If all babies require neonatal care at the same time, then parents would only be eligible for one period of leave attributed to one of the baby’s, rather than separate periods of leave for each child. However, if there are multiple treatments required and no overlap, then this could trigger separate periods.

    Scenario 2 – Multiple Births

    • Twin A and Twin B are born and both spend one week in a neonatal care unit from birth (days 0-7).
    • Their father is entitled to one week’s neonatal care under Tier 1 for both twins
    • Twin A returns home on day 8, and Twin B stays in hospital
    • Their father takes a second week of neonatal care under Tier 1 for Twin B
    • Twin B returns home on day 16
    • Twin A is readmitted on day 20 and remains in hospital for a 10 days (day 20 – day 30)
    • Their father takes another week of neonatal care leave under Tier 1 for Twin A
    • When both twins are home, he applies to his employer for additional neonatal care leave under Tier 2, which he takes as a block for weeks 7-9

    The nature of neonatal care leave can make it difficult to plan in advance and you may need to look at each situation on a case-by-case basis. Having straightforward policies readily available for staff will be helpful, particularly as they may be trying to navigate this during a stressful period. You should also ensure that any policies signpost employees to further information and support.

    If you would like further information on the developing a neonatal care policy or handling any requests, please contact Rachel Walker in our team on 07392 090890.

    Keeping your team energised and engaged this summer: strategies for senior leaders

    Home | Employment Law

    With the holiday season in full swing, warmer weather tempting people outdoors, and fewer staff physically present, it’s not uncommon to see productivity and motivation wane. But with some thoughtful strategies, it is possible to keep your staff inspired and productive throughout the summer.

    Offer flexibility in working schedules

    School summer holidays can mean working parents may wish to adapt their working patterns to fit in with their childcare arrangements, for example, holiday clubs may run different hours to the term time childcare arrangements they may have. It may be more practical for them to work from home more often than coming into the office. Managers should consider how flexible they can be during the holidays, and make sure they allow enough time for individuals to discuss any changes in advance of the holidays.

    Adapt for the weather – particularly a heatwave!

    As managers, think about any small adjustments you can make to help your team work through any heatwave and be open for any suggestions too. If you have a dress code, relaxing this to allow staff to dress comfortably due to the weather goes down well. Look around the working environment, and ensure windows can be opened, fans are available and air conditioning is functioning effectively. Consider if working from home might suit people better to prevent travelling. Also recognise that some people struggle in high temperatures, people may also suffer from lack of sleep and tempers can fray more easily, so aim to be empathetic. Dog owners might find it beneficial to change their working hours during a heatwave to walk their dogs during cooler parts of the day rather than at lunch time.

    Make the most of the nice weather

    Have a think about if there are any opportunities for your team to take advantage of the nice weather. Could a meeting take place outside or could you try holding a walking meeting instead of a desk-based meeting instead? Or how about a team picnic lunch together in a local park? Encourage your team to take regular breaks to re-energise. Use any local seasonal campaigns, such as the Grand Appeal – Gromit Unleashed campaign currently running in Bristol, as a team building opportunity. These can be a great way to mentally unwind after a challenging morning’s work, connect with colleagues and return to the office recharged.

    Team challenges

    Team challenges can be used to boost motivation and morale within a team. One option over the summer period can be sweepstakes, linked to the many sporting events or topical shows. Sweepstakes can encourage communications across different teams and departments and friendly rivalry. This can help different colleagues get to know each other better too.

    Show your appreciation

    It’s always a good idea to show your team members that you appreciate their efforts and provide positive feedback. During the summer months, team members may be stepping up to cover colleagues during their holiday absence to ensure projects remain on track, or working hard to complete tasks when its sunny outside. Some organisations hold summer social events, to thank their teams around the middle point of the year and to offer an opportunity to relax and bond with colleagues outside the office. If the temperatures are soaring, arranging for a local ice cream van to visit the office is a great way to show staff your appreciation. Showing appreciation doesn’t have to be costly or complicated though. A personal thank you from leadership can also go a long way so taking the time to walk the floors, visit teams across different sites can let teams know their contribution is valued.

    If you would like support on this topic, please contact Rachel Walker in our team on 07392 090 890.

    Employment Rights Bill – Government publishes new timetable

    Home | Employment Law

    On 1 July 2025, the Government published its Employment Rights Bill roadmap, setting out the timeline for implementing the Bill. The Bill, which is now awaiting Royal Assent, is set to make significant changes to the UK employment law landscape.

    The roadmap details how, over the next two years, employers will see sweeping reforms affecting dismissal rights, family leave, trade union laws, and workplace protections. Opting for a staggered approach, notable reforms, such as extending unfair dismissal protection to workers as a day-one right, and ending the use of exploitative zero-hours contracts will be implemented in the latest stage of implementation in 2027.

    Below is a timetable of the key changes – and what employers should be doing to prepare.

    Immediate Changes (awaiting Royal Assent)

    As soon as the Bill receives Royal Assent, two important changes will come into force:

    • Repeal of the Strikes (Minimum Service Levels) Act 2023 and major parts of the Trade Union Act 2016.
    • New protections preventing dismissal for participating in industrial action.

    April 2026

    From April 2026, the following reforms will take effect:

    • Protective awards for collective redundancies will double in maximum period.
    • ‘Day 1’ rights for paternity leave and unpaid parental leave will be introduced.
    • Enhanced whistleblower protections will come into force.
    • A Fair Work Agency will be established.
    • Statutory Sick Pay (SSP) will be improved by removing both the lower earnings limit and waiting period.
    • Trade union recognition processes will be simplified, with digital and workplace balloting permitted.

    Employer Action:

    • Update family leave and sickness absence policies.
    • Budget for SSP changes affecting short-term absence costs.
    • Review redundancy processes in light of increased protective award exposure.
    • Prepare for a potentially more straightforward process for trade union recognition.

    October 2026

    In October 2026, further significant reforms will be implemented:

    • Ban on fire-and-rehire tactics.
    • Fair Pay Agreement Negotiating Body for adult social care will launch.
    • Stronger tipping laws will take effect.
    • Employers will face a new duty to take ‘all reasonable steps’ to prevent sexual harassment.
    • Third Party Harassment
    • Trade union rights will be expanded.

    Employer Action:

    • Ensure any restructuring or contractual change processes do not rely on fire-and-rehire.
    • Employers in adult social care must engage with the new negotiating body.
    • Review tipping policies for compliance.
    • Review and enhance anti-harassment policies and training to meet the new preventative duty and third party harassment.

    From 2027

    • Mandatory gender pay gap and menopause action plans (voluntary from April 2026).
    • Rights for pregnant workers will be strengthened.
    • Introduction of bereavement leave.
    • Protections against zero-hour contract abuse.
    • Umbrella company regulation.
    • ‘Day 1’ unfair dismissal rights will be introduced, this has been delayed from the original proposed date of October 2026.

    Consultations on these measures will begin this summer and continue into early 2026.

    Employer Action:

    • Start preparing for mandatory gender pay and menopause action plans.
    • Review use of zero-hour contracts and umbrella company arrangements for compliance.
    • Consider the impact of ‘Day 1’ unfair dismissal rights on probation processes, performance management, and onboarding practices.

    Final Thoughts

    The Employment Rights Bill marks a major shift in UK employment law. Employers who plan ahead will ensure compliance, reduce legal risks, and maintain positive employee relations as these reforms roll out.

    That’s why our colleagues at VWV have launched the Employment Rights Bill Hub – your one-stop resource for everything you need to understand, track and prepare for reform.

    • Explore what the Bill means for your contracts, policies and people
    • Keep pace with key dates and milestones
    • Access guidance, flowcharts and planning tools

    If you would like further information on the Bill or would like to discuss what the changes could mean for your organisation, please contact Lisa Reynolds in our team on 07771 316123.

    The ban on NDAs and the duty to prevent sexual harassment: a new era of accountability

    Home | Employment Law

    You will no doubt be aware that employers have a legal duty to create safe, inclusive workplaces free from harassment and discrimination. The introduction of the duty to prevent sexual harassment in October 2024, coupled with the upcoming ban on non-disclosure agreements (NDAs) in discrimination and harassment cases, marks a significant shift in the way organisations are expected to address and prevent misconduct.

    What is the duty to prevent sexual harassment?

    The duty is designed to ensure employers take proactive steps to prevent sexual harassment in the workplace. This includes implementing robust policies, providing training, and fostering a culture where inappropriate behaviour is not tolerated. Employers must also have clear procedures for reporting and addressing incidents, ensuring that employees feel safe and supported when raising concerns. There are also obligations to thoroughly investigate allegations of sexual harassment and ensure that staff are trained on conducting trauma informed investigations.

    The ban on NDAs

    As part of the UK government’s efforts to tackle workplace harassment, a ban on the use of NDAs in cases of harassment and discrimination is being introduced as part of the Employment Rights Bill, although the date when this will become law is not yet known. Historically, NDAs have been used to silence the subjects of sexual harassment, preventing them from speaking out about their experiences. The spotlight has been shone on them because it has become clear that they have been used, and you could argue abused, by individuals such as Harvey Weinstein and Mohamed Al Fayed. The ban will ensure that individuals can share their stories without fear of legal repercussions, promoting transparency and accountability.

    How these changes work together

    The duty to prevent sexual harassment and the ban on NDAs reinforce each other by creating a framework that prioritises prevention, openness, and accountability. Employers can no longer rely on NDAs to shield inappropriate behaviour; instead, they must focus on building a workplace culture that actively prevents harassment. By addressing issues at their root, organisations can reduce the risk of incidents and foster trust among employees.

    Practical steps for employers

    • Evaluate current practices and identify risk areas.
    • Review and implement effective policies that align with the duty to prevent sexual harassment and foster a zero-tolerance culture.
    • Provide regular training on harassment prevention and reporting mechanisms.
    • Ensure compliance to protect your organisation and workforce.
    • Provide transparency in handling complaints and commit to learning from incidents.

    Conclusion

    The duty to prevent sexual harassment and the ban on NDAs represent a positive step forward in tackling workplace harassment. Employers must act now to ensure compliance and, more importantly, to create workplaces where everyone feels safe, respected, and valued.

    To support you on complying with the duty to prevent sexual harassment, we offer Workplace culture audits, risk assessments and action plans; policy and process reviews; and tailored training for staff and leadership teams. For further information on this, please contact Simon Martin in our team on 07384 813 076.

    ‘Banter’ in the workplace: why clear boundaries matter

    Home | Employment Law

    If recent tribunal cases are anything to go by, the likes of provocative texting and likening a colleague to an unpopular film character still pose a significant challenge for some organisations.

    Just a bit of fun

    Banter can be a powerful part of a healthy workplace culture— it strengthens relationships, helps to create a relaxed environment and can support teams to feel connected. But when left unchecked or taken too far, banter can easily cross the line into disrespectful or even discriminatory behaviour.

    Employers must recognise the fine line between friendly humour and inappropriate conduct and set clear expectations to protect both people and the organisation. Some recent tribunal cases have highlighted the serious implications for employers of seeming to foster a culture of banter or failing to ensure staff are aware of what behaviour is and isn’t appropriate, with claims reaching into the thousands of pounds.  

    The many faces of banter

    And here’s the rub.  Not all banter is born equal. What’s playful to one person might feel deeply uncomfortable to another. It can take many forms:

    • Likening someone to a famous celebrity might be meant as harmless teasing, but it can be hurtful or even humiliating, especially if it’s repeated or public.
    • Nickname culture – ‘Gramps’, ‘Tiny’, ‘Princess’ – often used affectionately, but can easily veer into stereotyping based on age, size, or gender.
    • Sarcasm veiled as humour – Jokes about someone’s workload, intelligence, or background might sound funny to a group, but can isolate individuals.
    • Provocative or risqué jokes – Sexual innuendo, racially charged language, or mocking religious beliefs – even if intended ‘in jest’- can cause real harm and open the business up to serious complaints.

    If left unchecked, what might start as ‘banter’ can quickly escalate into a toxic culture.

    What are the implications for employers?

    The Equality Act 2010 classifies that harassment is unwanted conduct that has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for an individual.  It also outlines the protection afforded to employees from unwanted behaviour relating to protected characteristics, which include race, gender, disability, sexual orientation, religion, or age. What’s important is the perception of the person on the receiving end of the comments or actions, not the intention of the orchestrator. Added to this is the new positive duty on employers to take reasonable steps to prevent Sexual Harassment introduced in October 2024, placing a proactive responsibility on employers to prevent sexual harassment in the workplace.

    So it’s not hard to see how the banter examples above could easily fall foul of legislation, landing organisations in hot water.  But aside from the legal mandates, there are other serious consequences for organisations who fail to set appropriate expectations around behaviour:

    • Grievances or tribunal claims – HR teams and managers can become bogged down in complaints that could have been prevented with earlier intervention.  Disscrimination or harassment claims can lead to costly legal proceedings.
    • Reduced morale and trust – employees may become reluctant to speak up, share ideas, or report concerns.
    • Reputational damage – word travels quickly, and a workplace known for tolerating inappropriate humour may struggle to attract diverse talent.
    • Increased turnover – individuals who feel targeted or unsupported are more likely to leave, taking talent and morale with them.
    • Reduced productivity – lack of action to tackle inappropriate behaviour can lead to disengaged, less productive staff or increased absenteeism.

    What steps can an employer take to safeguard against these consequences?

    Set Clear Expectations – policies don’t need to be dry. Make it clear what is and isn’t acceptable, with real-life examples employees can relate to.

    Educate and Train – awareness and training sessions help teams see things from different perspectives.  Banter is often subjective, so equip your teams to understand this.  Run training sessions on inclusive behaviour and unconscious bias, and don’t just make it a tick-box exercise—make it relevant and relatable.

    Lead by example – senior management set the tone. If managers engage in or overlook inappropriate banter, it signals to others that it’s okay too. Leaders need to challenge problematic comments in the moment—respectfully but firmly.

    Make it safe to speak up – encourage a speak-up culture where employees feel safe to raise concerns. Make sure they know how to report issues and feel confident they’ll be taken seriously.

    Focus on Culture – building a culture of respect doesn’t mean banning humour—it means fostering empathy. But it’s an ongoing process that needs to be reflected in everything an organisation does.

    Banter isn’t the enemy. But managing it is key to building a culture that’s fun and respectful. Done well, banter builds connection. But unmanaged or misguided, it can fracture teams, alienate individuals, and leave your organisation exposed. With a bit of structure, a lot of awareness, and the courage to call things out, it is possible to get the balance just right.

    For further information on this topic or any other HR matter, please contact Sue Meehan Boyes in our team on 07384 468 797.

    Biological sex and the Supreme Court Judgment: what are the practical implications for employers?

    Home | Employment Law

    The recent decision by the Supreme Court in For Women Scotland confirmed that the definition of ‘woman’,’ man’ and ‘sex’ in the Equality Act 2010 is based on biological sex. Now that this clarification has been provided by the Supreme Court, what does this mean for employers and the workplace?

    Much of the discussion since the decision has centered around the use of single sex facilities i.e. toilets, washing and changing facilities. The Supreme Court touched upon this in relation to trans people’s access to single sex facilities in public spaces for service providers but was silent on the responsibility of employers.  Indeed, much of the debate since the decision has conflated the law for service providers and the law for employers. This article will help you to understand your obligations as an employer.

    What is the law?

    Access to single sex facilities in the workplace is governed by the Workplace (Health, Safety and Welfare) Regulations 1992 and not the Equality Act 2010. In accordance with these regulations, single-sex facilities must be provided in the workplace unless adequate gender-neutral provision can be made. To be gender-neutral, the facility must be in a room lockable from the inside for individual use, e.g. a room lockable from the inside with a toilet and hand-basin. A lockable cubicle within a room will not suffice. The 1992 Regulations were written some years before the Gender Recognition Act 2004 and are silent on any provision for transgender employees.

    What does the Equality and Human Rights Commission (EHRC) say?

    In an interim update the EHRC has stated that it is compulsory in workplaces to provide sufficient single-sex toilets, as well as sufficient single-sex changing and washing facilities where these facilities are needed.  The update also states that “where toilet, washing or changing facilities are in lockable rooms (not cubicles) which are intended for the use of one person at a time, they can be used by either women or men”.

    In respect of trans employees, the update states that:

    • trans women (biological men) should not be permitted to use the women’s facilities and trans men (biological women) should not be permitted to use the men’s facilities, as this will mean that they are no longer single-sex facilities and must be open to all users of the opposite sex
    • in some circumstances the law also allows trans women (biological men) not to be permitted to use the men’s facilities, and trans men (biological woman) not to be permitted to use the women’s facilities
    • however, where facilities are available to both men and women, trans people should not be put in a position where there are no facilities for them to use
    • where possible, mixed-sex toilet, washing or changing facilities in addition to sufficient single-sex facilities should be provided

    This is an interim statement issued by the EHRC in response to questions raised by the Supreme Court Judgment. The EHRC are proposing to amend the statutory code of practice for services shortly which will be legally binding. There is currently no such proposal to update the code of practice on employment.

    What practical steps can you take as an employer to comply with the judgment?

    The Supreme Court made it clear that trans people continue to have protection from discrimination under the protected characteristic of gender reassignment.  Employers must now carefully balance any conflicting rights between women and transgender people, whilst not undermining trans people’s rights. Here are some practical steps that you can undertake:-

    • Conduct a risk assessment of your facilities provision and their suitability in terms of privacy, safety and propriety for all employees and in particular in relation to women, people with religious beliefs, people with disabilities and transgender people.  
    • As part of your risk assessment consider whether you have facilities in rooms lockable from the inside for individual use.  If you do have this type of facility at your workplace, it is more likely that you could designate these spaces as genderless and lawfully operate an “inclusive” policy of allowing anyone to use them.
    • Where there is insufficient facilities to operate a genderless provision consider whether there are any changes that can be made to existing spaces to provide a genderless space that complies with the 1992 regulations.
    • Changing female facilities to genderless is unlikely to be sufficient. This would reduce the number of facilities available to women which could cause a group disadvantage to women, amounting to indirect discrimination. This is also unlikely to be compliant with the 1992 regulations.
    • If you have transgender staff in your workforce, remember that other staff may not always be aware that a colleague is transgender. Forcing a transgender person to use the facilities aligned with their birth sex for lack of suitable genderless facilities could effectively be outing that individual.  In these circumstances, it is sensible to give careful thought to a genderless provision as a first step.
    • Remember no employee should be left without suitable facilities.

    Employers must navigate this area sensitively giving careful thought to creating and maintaining safe spaces for everyone in the workplace. It is important for employers to continue to maintain a respectful and inclusive working environment where all employees’ rights are upheld under the Equality Act. We are likely to learn more in the coming weeks as the EHRC commences consultation on the statutory code of practice for services, which aims to start on 19 May. Although this is limited to services there are calls for a similar update to the code of practice on employment which may bring further guidance for employers.  Any future guidance will be brought to you via our People Spotlight articles, as soon as that information is available.

    For more information on this topic, please contact Lisa Reynolds in our team on 07771 316123.

    The Neonatal Care Leave and Pay Act 2023 comes into force on 6 April 2025. Are you ready?

    Home | Employment Law

    There will be a new statutory right to neonatal care leave, and in some cases, pay for parents of premature or seriously ill babies that are born on or after the 6 April 2025. So how are you going to practically implement these changes in your organisation?

    Why has this Act been introduced?

    According to the charity Bliss, one in seven babies born in the UK receive neonatal care, which is approximately 90,000 per year. The average stay in neonatal care is seven days, but the length of stay can vary significantly depending on how early the baby is born and where babies are born at up to 27 weeks of gestation, the average stay can be as long as 92 days.

    What should employers be aware of?

    The new legislation will only be eligible when a baby remains in neonatal care for at least 7 consecutive days, so is only likely to be taken by parents of premature babies and those requiring complex medical care.

    Neonatal care is defined as medical care provided to a baby after birth in specific settings, such as medical care provided in a hospital. The regulations also clarify that routine post-natal check-ups and general health monitoring are not covered under the Act.

    In summary, the new Act will consider the right to leave and the right to pay separately. This means employers will need to be clear on eligibility rules for any staff who request the leave and pay.

    • Neonatal care leave is a day-one right, which means any employee will be eligible regardless of length of service or earnings. This means that if the employee’s baby meets the above eligibility (i.e. remains in neonatal care for seven consecutive days), then an employee can take up to 12 weeks of leave in addition to any other family friendly leave entitlements.
    • Neonatal care pay is subject to length of service and earnings qualifying criteria.

    With this in mind, employers will need to be mindful of how to discuss this with employees who may not realise that they may not be entitled to both.

    Neonatal care leave

    As stated above, eligibility for leave is when the employee’s baby remains in neonatal care for seven consecutive days. In this case, the employee can take up to 12 weeks of leave and this is in addition to any other family friendly leave entitlements. Further criteria are as follows:

    • The seven consecutive days requirement of neonatal care must be immediately after the birth and fall within the first 28 days of life
    • Leave cannot be taken for the first week of care and the leave is accrued in arrears
    • The leave must be taken within 68 weeks of the baby’s birth.

    The above is useful to think about when considering how other periods of leave could be taken at this time, e.g. paternity leave could be taken before neonatal care is.

    The leave is available for birth parents, intended parents in surrogacy arrangements, adoptive parents and partners.

    The leave has been divided into two tiers which specify when the leave can be taken and the associated notice requirements:

    • Tier 1 applies when the baby is still receiving neonatal care. It can be taken in non-consecutive blocks. Employees need to advise their manager before their first day of Neonatal care leave, or as soon as reasonably practical
    • Tier 2 will apply after the baby has been discharged from neonatal care, and needs to be taken in one continuous block. Employees need to give at least 15 days’ notice to take a single week, or 28 days’ notice for two or more consecutive weeks- although employers could decide to waive the statutory notice requirements.

    Neonatal pay

    To be eligible for pay as well as leave, employees must have at least 26 weeks’ continuous service at the ‘relevant week’, which is the week preceding the 14th week before the estimated week of childbirth, or the week when the adopter is notified of the match. They must also earn at or above the lower earnings limit.

    Employees can receive up to 12 weeks of pay, depending on how long their baby remains in neonatal care. The pay is set at the statutory rate or 90% of average weekly earnings, whichever is lower.

    Further guidance

    The government is planning to publish guidance to support both employers and employees in understanding the new right to neonatal care leave and pay.  At the time of writing, this guidance is expected before the end of March, so do watch out for further updates.

    If you would like to discuss the new requirements further, please contact Rachel Walker in our team on 07392 090 890.