Tag Archive for: hr

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

Home | hr | Page 3

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

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

Development of the ERB

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

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

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

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

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

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

Managing collective consultations 

Home | hr | Page 3

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

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

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

What is consultation and what are employers obliged to do?

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

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

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

How to get the process right 

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

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

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

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

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

Home | hr | Page 3

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

What is the ‘Great Detachment’?

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

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

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

What are the risks to employers?

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

What can employers do?

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

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

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

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

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

Home | hr | Page 3

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

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

Contrasting views between employers and employees

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

How can organisations achieve the right balance?

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

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

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

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

Employment Law – what’s coming up in 2025?

Home | hr | Page 3

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

Protective awards and compensation uplifts – failure to properly consult

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

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

Changes to pay from April 2025

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

National Minimum Wage and National Living Wage increases from 1 April

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

National Insurance Contributions (NICs) – from 6 April

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

Statutory payments

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

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

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

Broadening of family-friendly legislation

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

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

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

Other changes on the horizon

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

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

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

How to handle trauma-informed investigations

Home | hr | Page 3

Investigations by their very nature can be complex undertakings, particularly if you are dealing with matters of a sensitive nature. How do you handle investigations where someone has been traumatised by their experience?

Following the recent publication of the Equality and Human Rights Commission (EHRC)’s technical guidance on sexual harassment in the workplace, we have considered its impact on carrying out investigation and whether you are able to carry out an investigation with someone who has been traumatised?

What does the guidance say about investigations?

  • Thorough investigations: investigate all complaints promptly and thoroughly, ensuring impartiality and confidentiality
  • Training: ensure that those conducting investigations are trained in handling sensitive issues and understanding the impact of trauma.

This involves a consideration of trauma-informed investigations. What does that mean?

A trauma-informed investigation prioritises understanding and mitigates the potential re-traumatisation of the individuals involved, while maintaining the integrity and fairness of the process. This approach is particularly vital in workplaces or organisations where individuals may have experienced distressing events, such as harassment, discrimination, or violence.

Key steps to prioritise understanding and mitigate any further re-traumatisation

  1. Prepare with empathy: investigators need to consider the effects of trauma, including its psychological and physiological impacts. As part of that preparation, it’s important to understand that trauma can affect memory recall, emotional regulation, and communication.
  2. Create a safe environment: This is about ensuring the physical and emotional safety for all parties. Conduct interviews in private, neutral settings, and take time to communicate clearly about the process, expectations, and confidentiality.
  3. Use a person-centred approach: Prioritise the well-being of the individual. Listen actively and non-judgmentally. Be patient during an interview and allow for pauses or breaks if the person becomes overwhelmed.
  4. Adapt interview techniques: Using open-ended, non-leading questions are a key skill for any investigator. When considering someone who has experienced trauma, consider how to adapt those questions to avoid triggering distress. For example, instead of asking “Why didn’t you report this earlier?” ask, “Can you share what led to your decision to report this now?”.
  5. Minimise repetition: Avoid asking the individual to recount their experience multiple times, as this can compound distress. Record information accurately and share it only with those who need to know.
  6. Acknowledge and normalise responses: Understand that emotions such as anger, fear, or withdrawal are common trauma responses.
  7. Ensure transparency and support: Clearly communicate next steps and check in with the individual regarding their ability to access support, signposting to relevant resources, such as counselling or employee assistance programmes.

This is the approach that our experienced investigators at Narrow Quay HR take when we carry out investigations where the interviewee may have been traumatised by events that they have experienced. We can also provide training on how to carry out trauma-informed investigations.

If you would like to discuss training opportunities or would like some support in carrying out a trauma-informed investigation, please contact Simon Martin in our team on 07384 813 076.

,

The New Employment Rights Bill – what it means for employers

Home | hr | Page 3

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

Home | hr | Page 3

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

Home | hr | Page 3

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

Home | hr | Page 3

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.