Tag Archive for: Employment Law

‘Banter’ in the workplace: why clear boundaries matter

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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?

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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?

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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.

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

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

The impact of stress

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

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

What can employers do to minimise stress for employees

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

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

External resources

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

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

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

The Employment Rights Bill and miscarriage leave: keeping up with the latest developments

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We continue to see changes to the Employment Rights Bill (ERB) with four amendments in just nine days. One such amendment is the inclusion of early pregnancy loss in bereavement rights.

Currently, employees who have lost a child under 18 years old or experience a stillbirth after 24 weeks of pregnancy have a right to two weeks’ paid bereavement leave. The proposed amendments would extend this right to employees who have experienced pregnancy loss as the result of a miscarriage, ectopic pregnancy, molar pregnancy or termination, or an unsuccessful attempt at in vitro fertilisation as a result of embryo transfer loss. Whilst this amendment is not as far reaching as those requested by the Women and Equalities Committee (WEC) which had recommended the law be changed to bring early pregnancy loss in line with existing provisions for baby loss after 24 weeks, it is seen as a positive step by government to recognise the need for all those suffering any form of pregnancy loss.

Development of the ERB

Coming back to the progress of the ERB, the good news is that it has just had its third reading and that should hopefully mean that the amended ERB will be published soon, meaning we will be able to take a breath and be able to consider the whole document.

We don’t yet have a clear idea of when it will come into law (i.e. when it will become the Employment Rights Act – we assume that will be the name) but if the Bill progresses at normal speed, the Bill should receive Royal Assent (which is when the King signs it) before Parliament breaks for the summer in July. That doesn’t mean it will come into force on that date. Once an Act has received Royal Assent, parts of what will then be the Act will come into force on different dates from then onwards.

There has been some speculation amongst legal commentators about when parts of the ERB will come into force. One commentator quoting his “source”, has said that the sections of the ERB that will abolish the ability to fire and rehire (which is likely to have a massive impact) will become law in October 2025, but other commentators are saying that it’s more likely to happen in Autumn 2026. The reality is we will have to wait to get that further clarity.

If you would like to see what’s in the current ERB and what the changes are, please take a look at the recent update prepared by our colleagues at VWV.

Whilst a plan of action seems impossible in the face of so much uncertainty, employers will need to prepare themselves for the changes when they come in, because they will amount to a significant change. We will continue to provide you with updates as and when detail arises and will also consider the likely practical impact of key sections in our regular editions of Spotlight.

If you would like to discuss how you can prepare for the ERB and its proposed amendments, please contact Simon Martin in our team on 07384 813 076.

Managing collective consultations 

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

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

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

What is consultation and what are employers obliged to do?

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

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

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

How to get the process right 

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

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

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

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

What is the ‘Great Detachment’ and what can employers do about it?

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Workers are increasingly viewing their jobs as purely transactional, resulting in a growing risk of disengagement and limited discretionary effort. With low engagement estimated to cost the UK £257 billion annually, the ‘Great Detachment’ poses a very real threat to organisations which they cannot afford to ignore.

What is the ‘Great Detachment’?

At its core, the ‘Great Detachment’ is characterised by a noticeable decline in how central work is to employees’ lives. In their 2024 survey, Gallup data indicated that only 31% of employees are actively engaged at work, with the remaining 69% being either “quiet quitters”—doing only the bare minimum—or actively disengaged.

The 2024 Chartered Institute of Personnel and Development (CIPD) Good Work Index seems to echo these findings. Their results highlight a significant rise in the number of employees who view work as nothing more than a way to earn money, with nearly half of respondents (47%) expressing this sentiment in 2024 compared to 36% in 2019. Discretionary effort—employees’ willingness to go above and beyond—is another critical measure, remaining stagnant at 51% since 2023, far below the 57% recorded pre-pandemic level.

This shift appears to relate to several pandemic-era experiences: remote working blurred the boundaries between work and personal life, leading many employees to reassess their priorities. Additionally, the uncertainty and upheaval of the last few years created heightened levels of stress for many, with the result that many individuals are prioritising mental health and wellbeing over professional ambition.

What are the risks to employers?

Unlike the ‘Great Resignation’ where new job opportunities seemed to be plentiful, our economy has slowed, and with it, recruitment. For employers, that means those employees who would have taken their dissatisfaction elsewhere, are now staying put. Employees who are not motivated or are less committed, are likely to be less productive and possibly even underperforming. Combined with rising levels of burnout and dissatisfaction with mental and physical wellbeing at work, employers face a potential downward spiral of mediocre performance and diminished workplace morale.

What can employers do?

Whilst the prospect looks bleak, there are some steps employers can take to tackle demotivation and disengagement:

  • Align individual contribution with organisation goals: employees are more likely to be engaged when they feel a sense of purpose in their work and can see how they contribute to the company’s broader mission. This is more than simply sharing colourful company mission and strategy illustrations however. It is about line managers entering into meaningful conversations with employees to explore and agree how individual outcomes deliver into the wider organisational objectives.
  • Make employee wellbeing a priority: it’s clear from the surveys above, that many workers still experience negative effects of work on their mental and physical health. Many employers already offer wellbeing initiatives but it might be time to review those offerings to ensure they still meet employees’ needs. Develop these in discussion with staff to make sure are relevant and make sure those offerings include a focus on offering mental health support.
  • Career Development: a clear path for growth can re-engage employees who feel stagnant in their roles. Line managers have a critical role to play in this by holding meaningful discussions with employees to really understand their career aspirations and consider what further training and upskilling opportunities are available.
  • Role empowerment: micromanaging staff and limiting their opportunities for self-management rarely leads to satisfied employees who are willing to go the extra mile. Instead, promote a culture of trust and collaboration by empowering employees to make decisions about their work.
  • Recognition and reward: this of course includes ensuring suitable financial reward, but it is also about seeking other opportunities to acknowledge and celebrate employees’ achievements – whether that’s team ‘shout-outs’, thank-you cards or more formal recognition schemes.

Many organisations are facing challenging economic pressures, with increasing customer expectations having to be delivered with ever-tightening budgets. It’s therefore never been more important to ensure that the workforce who help to deliver on those expectations are as productive as possible and remain with you, even when the jobs market becomes more buoyant. By taking action now to counter dissatisfaction and disengagement, employers can help foster a more productive workforce, increase engagement, employee satisfaction and retention.

If you would like our help to review your approaches to employee engagement, please contact Sue Meehan Boyes in our team on 07384 468 797.

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

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

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

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

What is EDI?

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

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

What EDI is not

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

What are the benefits of EDI?

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

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

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

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

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

What should organisations be doing?

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

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

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

‘Back to the office’ – striking the balance between business needs and employee expectations in 2025

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The return-to-office debate continues to dominate conversations, as organisations seek to balance operational goals with the evolving expectations of their workforce.

While many business leaders are advocating for greater office attendance to enhance collaboration, culture, and productivity, employees remain steadfast in their preference for flexibility. In this article, we look at how organisations can navigate these competing priorities effectively.

Contrasting views between employers and employees

Insights from KPMG’s 2024 CEO Outlook reveal a growing push for in-office work, with 83% of UK CEOs expecting a full return to office-based working within the next three years, up from 64% in 2023. This outlook however contrasts sharply with employee sentiments. According to the same report, 69% of employees would consider changing jobs if mandated to spend more time in the office. This growing disconnect highlights the need for organisations to carefully manage the return-to-office transition to avoid disengagement and possible talent loss.

How can organisations achieve the right balance?

The key is to create a thoughtful, evidence-based workplace strategy that considers both organisational success and employee satisfaction. By addressing the following considerations, businesses can craft an approach that effectively balances flexibility and office attendance:

  1. Define the Purpose of Office Attendance
    Office time should serve a clear purpose. Organisations should focus on activities that benefit most from face-to-face interaction, such as team building, collaborative brainstorming, and strategic planning. Employees are more likely to embrace in-office attendance when they see its tangible value.
  2. Tailor Hybrid Policies to Business Goals
    Hybrid working policies should be aligned with an organisation’s operational needs. For some, this may involve setting specific office days for certain teams or functions, while others may opt for project-based in-office schedules. A one-size-fits-all approach is rarely effective.
  3. Foster Connection and Culture
    A thriving workplace culture doesn’t happen by chance. Business leaders and line managers should use in-office time to strengthen shared values, foster connection, and ensure employees feel aligned with the organisation’s mission. Intentional efforts to build culture, both in-person and virtually, are essential.
  4. Maintain Inclusivity Across Roles
    Not all roles lend themselves to remote working, which can create disparities. Flexible options such as staggered shifts, adjusted hours, or on-site wellness initiatives can ensure that all employees – whether office-based or remote – feel supported and valued.
  5. Engage Employees in Policy Design
    Employees are more likely to support new policies when they have a voice in shaping them. Open communication and regular feedback loops allow businesses to understand employee needs and address concerns while maintaining alignment with organisational goals.

By combining clarity, purpose, and inclusivity, organisations can develop balanced workplace strategies that foster collaboration, enhance productivity, and retain top talent.

If you require support with navigating the complexities of workplace strategy, discussions around increased office attendance, refining hybrid workplace policies, or enhancing workplace culture, please contact Megan Britz in our team on 07468 698957.

Employment Law – what’s coming up in 2025?

Home | Employment Law

The publication of the Employment Rights Bill last October highlighted significant changes coming to UK employment law. Whilst many of these reforms are not anticipated to take effect until 2026, this article highlights key changes to be aware of during 2025.

Protective awards and compensation uplifts – failure to properly consult

From 20 January 2025, Employment Tribunals will be able to increase the protective awards (compensation payments) by up to 25% when an employer has failed to comply with the statutory Code of Practice on dismissal and re-engagement. When an employer is carrying out a collective redundancy programme involving 20 or more employees, it has a duty to consult in a meaningful way. If an employer fails to properly consult, this new legislation could have a significant increase in costs, adding a potential 25% uplift to the existing 90 days’ gross pay per affected employee.

When planning redundancies or changes to terms and conditions, employers should review their consultation procedures to ensure that they meet the requirements, and seek further advice if concerned. We will be discussing this in further detail at our next HR Club on 13 February. If you would like to find out more, please book your place here.

Changes to pay from April 2025

There are several changes to different elements of pay due to be introduced from April 2025:

National Minimum Wage and National Living Wage increases from 1 April

  • Ages 21 and over: £12.21 per hour (6.7% increase)
  • Ages 18-20: £10.00 per hour (16.3% increase)
  • Ages 16-17 and apprentices: £7.55 per hour (18% increase)

National Insurance Contributions (NICs) – from 6 April

  • A rise in the secondary Class 1 NIC rate from 13.8% to 15%.
  • A reduction in the secondary NIC threshold from £9,000 to £5,000, making more earnings subject to NIC.
  • There will also be an increase in the Employment Allowance from £5,000 to £10,500, which will provide some relief for smaller employers.

Statutory payments

  • Statutory sick pay (SSP) will rise from £116.75 to £118.75 per week.
  • Statutory maternity pay, maternity allowance, statutory adoption pay, statutory paternity pay, statutory shared parental pay and statutory parental bereavement pay will rise from £184.03 to £187.18 per week.

Employers need to be aware of these changes, to allow sufficient time to amend payroll systems and when planning salaries during recruitment. Changes to NICs will lead to increased payroll costs, especially for employers where more employees will now earn above the reduced threshold.

These changes may also mean you need to review pay structures, as there could be less of a gap between entry level roles and management level roles.

Broadening of family-friendly legislation

HMRC guidance suggests that it is likely that the Neonatal Care (Leave and Pay) Act 2023will come into effect from April 2025. This will grant parents up to 12 weeks’ leave and statutory pay when their baby requires neonatal care. This will be a day-one right and will be in addition to existing parental leave rights.

The Paternity Leave (Bereavement) Act 2024 is also expected to be introduced in April 2025, which will provide bereaved partners a legal right from day one to leave if the mother or adoptive parent passes away. This will remove the 26-week minimum service requirement.

Although we are awaiting finer details and guidance on the above, employers can be aware of the likely changes when updating family leave policies. They could also consider any further support and guidance for managers around holding sensitive conversations when dealing with any employees impacted.

Other changes on the horizon

2025 could see the publication of the Government’s Draft Equality (Race and Disability) Bill for consultation, which could extend equal pay rights to protect workers suffering discrimination on the basis of race or disability. The government’s plan toMake Work Pay included a right for workers to disconnect from work outside of working hours. The Government plans to introduce the policy through a statutory code of practice, with a consultation expected to begin in 2025.

There will also be further consultations on several measures in preparation for changes that are likely to be implemented in 2026 under the Employment Rights Bill. To prepare for these changes, employers can consider any further training requirements for their managers. For example, a ‘day one’ right to not be unfairly dismissed could lead to additional training needs in areas such as performance management or a review of probation procedures.

If you would like to discuss how you can ensure your organisation is compliant and taking steps to prepare for the upcoming legislation, please contact Rachel Walker in our team on 07392 090890.