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The New Employment Rights Bill – what it means for employers

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

What are the headlines?

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

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

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

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

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

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

Doubling the Tribunal Claim Time Limit

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

Fire and Rehire and Zero hours contracts

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

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

Statutory Sick Pay, parental and other Leave

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

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

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

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

Protection for maternity and pregnancy

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

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

Gender Equality Plans

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

Sexual Harassment

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

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

Third Party Harassment

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

Non-Disclosure Agreements

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

Future reforms

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

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

Do I need to panic?

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

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

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

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

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

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

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

The impact of burnout

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

Bridging the gap: From impact to solutions

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

Organisational strategies to eliminate burnout

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

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

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

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

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

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

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

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

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

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

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

Practical tips for increasing race equality in the workplace

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

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

Understanding the new Sexual Harassment Prevention Duty

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

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

What is the new duty?

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

Key features of the duty:

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

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

Practical steps employers should undertake now

1. Conduct a culture audit

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

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

2. Risk assessments

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

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

3. Training and awareness

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

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

4. Enhance reporting mechanisms

Make it easy for employees to report incidents:

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

5. Foster open communication

Create an environment where employees feel empowered to discuss concerns:

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

6. Monitor and evaluate

Implement a system to monitor the effectiveness of your measures:

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

Conclusion

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

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

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

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

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

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

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

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

How can you support this campaign?

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

Support for your workforce

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

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

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

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

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

Opportunities to offer additional support

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

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

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

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

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

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

Why is happiness at work important?

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

The call to action

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

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

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

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

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.

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.