Tag Archive for: Employment

Positive Discrimination – what employers need to know

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The recent case of Turner-Robson and others v Chief Constable of Thames Valley Police highlighted the dangers of unlawful positive discrimination in the workplace.

Diversity and inclusion are critical for thriving workplaces, benefiting employees and employers alike. A diverse workforce fosters innovation, broadens perspectives, and enhances decision-making. However, achieving this diversity remains a challenge in many sectors. The Equality Act 2010, includes provisions for ‘positive action’ to help address these imbalances.

Positive Action versus Positive Discrimination

Positive action is distinct from positive discrimination, which remains unlawful in England and Wales. While positive action aims to level the playing field by addressing barriers faced by underrepresented groups, positive discrimination would for example involve favouring a less qualified candidate solely because they belong to a protected group. Positive action ensures fairness by giving all candidates an equal opportunity to succeed.

What does the law allow?

The Equality Act 2010 allows for proportionate positive action for groups of people who share a ‘protected characteristic’ to reduce disadvantage, meet different needs and increase participation.

Within the Act, there are two forms of positive action:

  1. General Positive Action (Section 158): This provision allows employers to implement measures to address disadvantages or low participation rates among certain groups. This can include offering training programmes or development initiatives, and running direct communication campaigns aimed at attracting or supporting these groups.
  2. Tie-break Positive Action (Section 159): When two candidates are equally qualified, this provision allows an employer to favour a candidate from a disadvantaged or underrepresented group if they believe that doing so will encourage diversity within their workforce. However, this must be proportionate and must not be automatic (i.e. there should not be a policy to do so). It can only be applied when the candidates are objectively assessed as being equally qualified for the role.

What do you need to consider before implementing Positive Action

Positive action should be proportionate, targeted action to alleviate a disadvantage. There are some key steps you should follow which will help you create a successful positive action programme:

  • Firstly, consider what evidence you have of the disadvantage, particular need, or low participation among some groups and then look at identifying the root cause of this
  • The next step is to identify what you are trying to achieve and the aims of any action
  • Once you understand your aims, consider what measures you can implement to achieve these
  • Regularly review progress against those measures to assess whether the programme is still proportionate
  • Finally, don’t forget to speak to your employees about the measures, employee input will not only help define any programme it will also help them to understand any new initiative

What pitfalls do you need to avoid when considering positive action

Remember that positive action must be proportionate, or it could result in a legal challenge.  To avoid this, employers should:

  • Have some evidence to back-up the assertion that they ‘reasonably think’ there is a disadvantage. The evidence does not need to be extensive but should be sufficient to support the decision to implement any programme. 
  • Use targets not quotas to meet recruitment needs. Quotas are mandatory and could lead to you making appointments or promotions based solely on a persons protected characteristic and not on merit. Instead, set targets which are more flexible and will allow you to continue to appoint the best candidate.

Examples of Positive Action

There are several things that you can do to increase the diversity in your workforce including recruitment, promotion and retention of existing staff:

  • Targeted advertising of vacancies to increase the participation from underrepresented groups in your workplace
  • Increasing the number of underrepresented groups in senior management by offering mentoring opportunities to employees from that group
  • Targeting work experience for underrepresented groups
  • Creating staff groups for employees who share protected characteristics
  • Appointing a candidate from an underrepresented group in a tie-break situation

What else can I do?

You can also take more general action to increase diversity in your workplace. Not all action you take will necessarily fall within positive action under the Act, if it does not have a negative impact on another group with a different protected characteristic. Examples of action you can take might include:

  • Targeting adverts in publications aimed at underrepresented groups whilst at the same time advertising the role more generally
  • Ensuring that your recruitment is inclusive and any job adverts that you create do not use outdated stereotypical language that may deter applicants from certain groups
  • Consider using ‘blind applications’ for recruitment avoiding the possibility of bias in the early stages of recruitment

Don’t forget that not all underrepresented groups share a protected characteristic, you may also wish to consider the socio-economic background of your workforce and whether there are measures that could also be taken to increase diversity in this area. You should still be mindful of the impact of any such programmes on people who share a protected characteristic.

For further information on this topic or to discuss how you can implement positive action in your workplace, please contact Lisa Reynolds in our team on 07771 316 123.

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Labour’s plans to make work pay: progress so far

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The ongoing debate around the proposed changes to UK employment laws, promised as part of Labour’s election campaign has left many employers in a state of uncertainty, preparing for potential shifts that could significantly impact their operations.

The Government’s proposals—while not yet law—signal an increasing emphasis on worker rights and greater regulation of employment practices. For employers, these changes could bring both opportunities and challenges, depending on how they manage the adjustments. Labour’s manifesto included a statement that legislation would be introduced in Parliament within 100 days, although it acknowledged that some of the proposals will take longer, such as the plan to introduce a single workers status and a review of parental leave. If the government sticks to its 100-day time limit, a draft Employment Bill will be presented to Parliament by 12 October 2024.  So with the clock ticking, what do we know so far?

Consultation

The Deputy Prime Minister, Angela Rayner MP and Business Secretary, Jonathan Reynolds MP have been meeting with senior business leaders of major employers including John Lewis, Octopus, BT, McDonald’s and Sainsbury’s, as part of the government’s intention to consult on its  plans. It has been reported that the atmosphere during these discussions has been constructive and friendly, with the emphasis on Ms Rayner and Mr Reynolds explaining what they have planned, and listening to the concerns of employers.  For many it is still the detail of what those reforms will look like that remains a concern. 


Protection from unfair dismissal ‘day one’ right

On 19 September 2024, it was reported by the Financial Times that, in connection with Labour’s pledge to provide protection from unfair dismissal as a “day one” right, employers will be able to put new employees on probation for up to six months. But it seems even the government are in disagreement over how far reforms should go, with earlier reports referring to a divergence of view between the Deputy Prime Minister, who wished to see a brief probationary period (at most) and the Business Secretary, who favoured a longer period of up to nine months. Most recent reports are that employers will be able to use six month probationary periods.

In proposing day one unfair dismissal rights, the Government previously stated that it would be possible for employers to fairly dismiss new hires during a probationary period “with fair and transparent rules and processes”. There is currently no detail on what these rules and processes will be or how they will be expected to operate.

Predictable working pattern

As part of its pledge to end ‘one sided flexibility’, the Workers (Predictable Terms and Conditions) Act 2023 (W(PTC)A), which was expected to come into force in September, sought to address this issue by providing a statutory right for workers and agency workers to request a predictable working pattern. However, the Department for Business and Trade (DBT) confirmed that the W(PTC)A has been dropped and will no longer come into force. Instead, the government has said it will introduce a new right to a contract that reflects the number of hours regularly worked as part of their agenda to ensure workplace rights are fit for a modern economy, empower working people and deliver economic growth.  The details of this are yet to be confirmed.

Changes to the remit of the Low Pay Commission (LPC)

Previously, when setting national minimum wage (NMW) rates, the LPC would take into account the impact on business, competitiveness, the labour market and the wider economy. On 30 July, the government changed this to also take into account the cost of living and expected inflation up to March 2026. The LPC was also tasked with reducing the difference between the National Living Wage and the NMW for the 18 to 20 age band, with the plan to eventually remove the 18-20 band altogether. These are the first steps on the way to deliver the government’s promise of a “genuine living wage for working people” and eventually, a single rate of pay without age bands.

Draft Equality (Race and Disability) Bill

This Bill, which was announced in the King’s Speech, will introduce mandatory ethnicity pay reporting for employers with 250 or more employees and will make it easier for minorities and disabled people to make equal pay claims. This is likely to mirror existing equal pay and gender pay gap reporting provisions in the Equality Act 2010.  Detail of what will be included is yet to be seen as the Bill has yet to be laid before Parliament.

Preparing for the Future

There is much still much detail yet to be confirmed so while the future of these proposed UK employment changes remains uncertain, employers would do well to prepare for a more regulated and worker-centric environment. By adopting a proactive stance and staying informed, businesses can adapt to these potential shifts while still maintaining the flexibility they need to thrive in an ever-evolving economy.

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

Enhancing employee wellbeing: Practical steps for employers

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Every July, Samaritans run an awareness campaign. This year’s event was held on 24 July, so it is an important month for thinking about mental health. The Samaritans Foundation, established in the UK in 1953,  currently respond to a call for help every ten seconds.

Mental health issues have a significant impact on both individuals and organisations. According to a 2024 Parliamentary briefing, one in six adults in the UK experiences a ‘common mental disorder’ like depression or anxiety each week. We know from discussions with our clients the importance they place on supporting staff wellbeing. There is an increasing understanding of the importance of mental and physical health and the impact that all life’s challenges can have on employees’ overall wellbeing.

Our clients tell us that ensuring their staff feel valued, supported, and healthy is not just the ‘right thing’ to do, but also crucial for organisational performance and growth. However, many find it challenging to identify and implement practical and effective measures to support mental health in the workplace.

Building a supportive culture

Creating a genuinely supportive work environment is the cornerstone for employee wellbeing. Employers can build a supportive culture by encouraging open communication, recognising and appreciating employees, and actively working to create an inclusive environment. Regular check-ins and surveys can help gauge employee satisfaction and identify areas for improvement.

Formal recognition schemes are a great way to celebrate staff efforts, not forgetting the power of more informal ‘shout outs’ in team meetings or group chats for a “job well done”. Fostering an inclusive environment where diversity is celebrated will lead to all employees feeling valued and respected.

Promote work-life balance

Work-life balance is crucial for maintaining employee wellbeing. This can be challenging for employers, but open and constructive conversations with employees can lead to positive results for all parties. Employers can promote work-life balance by offering flexible working hours and remote working options, while still ensuring business objectives can be delivered. These can help employees reduce stress and improve job satisfaction. Additionally, they boost productivity and improve retention. Employers should encourage employees to disconnect from work during their time off, with managers leading by example by setting clear boundaries around working time and annual leave.

Mental health support

Employers can support mental health by offering access to confidential counselling and services through Employee Assistance Programmes, a cost-effective option providing immediate access to support. Mental health training for designated staff helps to identify mental health issues and signpost support. If possible, allowing employees to take days off specifically for mental health can reduce problems, and improve employees’ confidence that the organisation genuinely supports their mental health.

Physical health initiatives

Employers can offer a range of initiatives to support physical health, including subsidised gym memberships and wellness challenges. A healthy work environment, with ergonomic furniture, healthy snacks, and promoting regular breaks will have the additional benefit of helping to reduce many common causes of sickness absence, and some employers enhance this by offering on-site flu vaccinations or regular health check-ups.

Professional development and financial wellbeing

These are not areas that might typically be the first things you might consider when looking at supporting wellbeing, but providing opportunities for growth and development can enhance job satisfaction and a sense of belonging. Possible initiatives include training and development programmes, structured career pathways, and mentoring schemes.

Support for financial wellbeing can include regular benchmarked compensation reviews. Offering workshops or resources on financial planning, budgeting, and retirement planning could also be beneficial., and if your organisation’s resources allow, providing comprehensive benefits packages that include health insurance, retirement plans, and other perks.

By implementing these practical steps, employers can significantly enhance the wellbeing of their employees. A happy and healthy workforce is not just beneficial for employees but is also essential for business performance and growth, with benefits across the whole employee lifecycle – better recruitment outcomes, higher productivity, reduced absence rates, and increased retention rates. And who doesn’t want to work in a happier environment?

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

New duty to prevent sexual harassment in the workplace

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In today’s rapidly evolving work environment, creating a safe and respectful working environment is more crucial than ever.

Pending any changes following the general election, the Worker Protection (Amendment of Equality Act 2010) Act will come into effect on 26 October 2024, strengthening protections against sexual harassment for workers. In anticipation of this, the EHRC has launched a consultation to update its technical guidance on the new duty, with the consultation period ending on 6 August 2024. We examine the upcoming enhancements and suggest how employers can prepare for compliance in the months ahead.

Understanding the new duty

This new law will impose a duty for employers to take ‘reasonable steps’ to prevent sexual harassment. Tribunals will have the power to increase compensation by up to 25% if there is a successful sexual harassment claim and the employer has breached this duty. Employers are required to adopt a proactive approach, addressing potential issues before they arise rather than reacting to incidents after they occur. Compliance with this law is not just about avoiding legal repercussions; it’s about fostering a culture of respect and inclusion, which can enhance employee satisfaction and productivity.

However, not everyone believes the new duty has gone far enough. They point out that the requirement for employers to take ‘reasonable steps’ falls short of ‘all reasonable steps’ and the omission of an express duty to protect workers against harassment by third parties. The Chartered Institute for Personnel and Development (CIPD) has also voiced concerns regarding the efficacy of the new duty but acknowledges the importance of this legal change in building awareness and encouraging compliance.

Key steps

In preparation for the new duty, there are some key steps employers can take to ensure compliance.

  • Staff listening exercise: Conduct a feedback activity to capture common themes, experiences, and to help identify areas of focus.
  • Risk assessment: Where the organisation identifies areas of risk and plans how these will be mitigated – this will help inform the “reasonable steps” to be taken.
  • Build awareness: The first step is to increase awareness regarding what constitutes sexual harassment and educate their workforce. Few employees will appreciate that harassment can include unwanted conduct related to a protected characteristic, creating an intimidating, hostile, degrading, humiliating or offensive environment. Even fewer will be aware that sexual harassment specifically involves unwanted conduct of a sexual nature with that impact. Regular training sessions should be provided to all staff which should include how to raise a concern and how sexual harassment will be addressed.
  • Organisational and Cultural Change: Senior leaders must act as role models for inclusive values and behaviours. Their influence as ambassadors for the organisation both internally and externally is crucial in fostering a respectful culture of both physical and psychological safety.
  • Develop your Policy: While policies alone will never suffice to effect cultural change, it is useful to have a clear written framework defining what constitutes sexual harassment and making clear how sexual harassment will be addressed.
  • Upskill your managers: Specific training for managers on how to tackle sexual harassment should be provided, including how to support any team members who are impacted.
  • Identify and promote your reporting channels: Confidential and accessible routes to report concerns relating to sexual harassment should be widely advertised. The organisation should always ensure they are clear that sexual harassment is unacceptable, and any concerns will be treated seriously and with sensitivity.
  • Timely Investigation: Employers should investigate sexual harassment claims thoroughly and in a timely manner. We recommend investigations should be completed by someone appropriately trained, without direct connection to those involved. Depending on the circumstances, appointing an external independent investigator can be beneficial to ensure impartiality.  
  • Support: Providing support to those impacted is critical. This support can include counselling support, adjustments to work arrangements, or temporary leave if necessary.
  • Review your progress: Monitoring gender diversity, complaints, as well as seeking input on the wider experiences of your teams via engagement exercises can help to shine a light on the impact of any steps taken to prevent sexual harassment. You should regularly analyse these sources of information and take action on any learning.

The new duty to take reasonable steps to prevent sexual harassment in the workplace provides an opportunity for employers to reflect upon their organisational culture. Legislation alone will not create change; it will be up to individual employers to assess their starting point and take proactive steps to improve their current approach to the prevention of sexual harassment in the workplace.

If you would like any support relating to the new duty to prevent sexual harassment or in relation to an individual complaint, please contact Kathryn Chidzey-Jones in our team on 07881 092524.

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

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

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

Understanding the Impact

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

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

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

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

HR’s Role in Fostering a Supportive Culture

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

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

Initiatives to Promote Mental Health Awareness Week

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

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

Measuring Impact and Continuous Improvement:

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

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

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

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

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

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

What steps should employers take?

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

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

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

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

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

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

EHRC Guidance

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

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

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

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

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

So what’s changed?

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

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

What does this mean for employers?

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

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

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

Stress awareness – how can managers support employees?

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

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

What causes stress?

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

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

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

What are the impacts of chronic stress?

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

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

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

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

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

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

Spotting the signs in employees

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

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

Sometimes employees may even start self-medicating with alcohol.

What should employers do?

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

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

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

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

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

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

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

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

What’s changing?

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

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

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

What does this mean for employers?

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

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

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

What should employers do now?

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

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

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

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

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

Family leave changes coming in April 2024 – what employers need to know

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A number of changes to family leave come into force on 6 April 2024 – introduction of Carer’s leave and changes to existing legislation on paternity leave and pregnancy and maternity rights. We take a brief look at those changes, highlighting the important points for employers.

Carer’s leave

The Carer’s Leave Regulations 2024 (SI 2024/251) come into force on 6 April 2024. These regulations will introduce a new statutory right to unpaid carer’s leave for employees in England, Wales and Scotland:

  • From 6 April 2024, employees will be able to take one week’s unpaid leave per twelve-month rolling, to provide or arrange care for a dependant with long-term care needs
  • The leave will be a ‘day one’ right, meaning that staff will not require a minimum period of service
  • The leave can be taken in one block or periods of a day or half a day
  • The leave is pro-rated to reflect an employee’s working arrangement
  • For the purposes of the regulations, a ‘dependant’ is defined as a spouse, civil partner, child or parent of the employee who lives in the same household as the employee, or reasonably relies on the employee to provide or arrange care
  • A “long-term care need” is defined as an illness or injury that requires, or is likely to require, care for more than three months, have a disability for the purposes of the Equality Act 2010, or requires care for a reason connected with their old age
  • Employees will not need to provide evidence of a need to take carer’s leave, but employers will be able to ask staff to self-certify that they are eligible
  • Maximum entitlement is one week, irrespective of the number of dependants

Understanding its application in regard to existing family-friendly policies will be important for employers. For example, carer’s leave is distinct from existing legislation which provides for time off for dependants, which is intended to be used for emergency situations which typically last one or two days. By contrast, carer’s leave has a set duration of one week and is expected to be a planned absence. As such, employers can request that a period of carer’s leave be postponed, provided it can show that the existing request will have a serious disruption to the organisation. Importantly though, an employer cannot request cannot be refused.

Organisations should consider providing training to line managers to deal with requests for carer’s leave and provide guidance on its application.

Ensuring a carer’s leave policy is in place or is incorporated into any existing family friendly policies and procedures. Consideration should be given to creating relevant systems and documentation to support and track any applications.

Communicating the introduction of the new policy will also be an opportunity for employers to demonstrate their commitment to supporting staff deal with their caring responsibilities.

Paternity Leave

On 8 March 2024, the Paternity Leave (Amendment) Regulations 2024 came into force and is applicable where the Expected Week of Childbirth is 6 April 2024 onwards. Under the amendments:

  • Employees will be able to choose between taking two non-consecutive weeks of paternity leave or a single period of one or two weeks. Previously the entitlement was for one continuous block of either one or two weeks
  • Employees will be able to alter the dates of their leave, provided they give at least 28 days notice of the change
  • Employees will be able to take leave at any time during the first year following the birth or adoption, as opposed to having to take it within the first eight weeks after adoption or birth

Employers should look to ensure their policies are appropriately updated to reflect the changes in legislation and communicate the changes so that line managers and staff are aware of the revised entitlements.

Pregnancy and maternity leave – extending redundancy protection

Employees on maternity leave already have the right to be offered any suitable alternative vacancy in a redundancy situation. The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024, which come into effect on 6 April 2024 provide for greater protection against redundancy during pregnancy and for six months after return to work from maternity leave as well as certain other family-related leave. The main features of the amendments are:

  • The redundancy protection period (the right for pregnant women and new mothers on maternity leave to be offered suitable alternative employment in a redundancy situation) applies from the point that an employee informs their employer that they are pregnant (whether this is done orally or in writing).
  • The redundancy protection period is extended to 18 months after the birth of the child (or adoption placement) for employees returning from maternity leave, adoption leave or shared parental leave.

The changes in relation to maternity leave will effectively double the current period of redundancy protection from one year to around two years, assuming the pregnant employee advises the employer of their pregnancy at about the 12-week point and takes one year’s maternity leave. This could therefore substantially increase the number of employees who must be given priority for any suitable alternative vacancy on redundancy, particularly in workplaces where the majority of employees are women.

Where an employer is looking at possible restructures, they will need to ensure that redundancy processes take account of the extended redundancy protection period where any employees at risk of redundancy are pregnant or have recently returned to work from maternity, adoption or shared parental leave.

Organisations should also ensure that policies and procedures are reviewed to reflect the changes. Given the significance of the changes, it will also be important to ensure line managers are provided with training and guidance to understand the effect of the enhanced protections now provided.

For specialist HR support with any of these topics, please contact Sue Meehan Boyes in our team on 07384 468797.