by Emma | Mar 7, 2025 | Newsletter
The longest month of the year is over and hopefully we can look forward to some better weather and some lighter nights.
It’s February and love is in the air!
Let’s talk about personal relationships at work and how they could be an issue for you the employer:
- Workplace relationships can create perceived or actual favouritism which then could undermine team morale and create resentment among colleagues. Employers need to look out for conflicts of interest, especially if one is a manager of the other.
- Romantic relationships can distract employees from their duties and negatively impact their performance. It can also distract other members of staff where it becomes a subject of gossip.
- What about if the relationship ends badly? one party might allege harassment or retaliation, leading to potential legal and reputational risks or create a toxic environment, where colleagues may be forced to pick sides. Breakups or disputes between partners may lead to one or both parties leaving their roles, disrupting team continuity and increasing recruitment costs.
- If not handled professionally, workplace relationships can harm an organisation’s public image, especially in cases of scandal or negative media coverage.
And these are just a few reasons why employers need to ensure they are aware of personal relationships between staff so that they can manage them. I highly recommend that all businesses have a policy in place.
Please give me a call for a policy or if you would like to chat to me about an issue you have regarding personal relationships at work.
Neonatal Care Leave and Pay Act
The Neonatal Care (Leave and Pay) Act 2023 is expected to come into force in April 2025. This will enable parents with babies needing specialist care after birth to get up to 12 weeks of paid leave, in addition to existing maternity and paternity leave.
Parents will qualify for neonatal care leave from day one of their employment if their baby is admitted to hospital within the first 28 days of birth and stays for at least seven full days. The leave can be taken for up to 12 weeks. Those with at least 26 weeks’ continuous service will also qualify for statutory pay during this leave period, and they’ll have the same employment protections as those associated with other forms of family related leave, including protection from dismissal or detriment as a result of having taken leave.
If you would like a Neonatal Care Policy please contact me.
Case 1
A trainee optician has received £14,588 in compensation after being dismissed for taking time off following a miscarriage.
The tribunal concluded that her dismissal was both unfair and discriminatory because of her pregnancy.
The claimant had been signed off work by her GP for one week after experiencing a miscarriage and was “struggling to come to terms” with it, the tribunal heard. Despite this, her employer, Bingham & Young Optical, terminated her contract. The company had argued that her dismissal was unrelated to her miscarriage and said that they had received customer complaints, however the tribunal found these to have been fabricated.
The government are proposing changes to the employment bill to include paid bereavement leave for women and partners who have a miscarriage/still birth before 24 weeks. Watch this space for further information when we have it.
If you have any questions concerning this case please give me a call.
Case 2
A cleaner at an NHS hospital, who was fired after having 400 sick days in four years, was unfairly dismissed and her employer failed to make reasonable adjustments, a tribunal has ruled. Yes, 400 days is a lot and you may have a policy which enables you to discipline after certain triggers are hit – however, this cleaner had a disability. The Company failed to acknowledge this and dismissed without making any reasonable adjustments.
If you have any absence issues or require an occupational health report please contact me.
by Emma | Jan 31, 2025 | Newsletter
by Emma | Dec 10, 2024 | Newsletter
give your employees a Christmas bonus this year. If the Christmas bonus is contractual then you will need to pay it. If the Christmas bonus is discretionary then you have a choice to pay it, however there is something called custom and practice, which means that if you have always paid a bonus, it may become an implied term of the employee’s contract of employment. On the second day of Christmas my true love gave to me 2 Loving employees Christmas affairs You have had a Christmas party and there has either been a one off incident or a relationship has formed between two employees. Having a policy on work place relationships is a way of managing any issues. If we are talking about harassment which may have occurred at a party, then ensure you have an anti-harassment and bullying policy in place. On the third day of Christmas my true love gave to me 3 Christmas trends Dress Code
Lots of businesses choose to relax their dress policy at this time of year, inviting casual dress and Christmas jumpers (7thDec), which can help bring some fun into the office. However, be careful about the wording you use when notifying staff of this to ensure it is clear that casual and Christmas dress is optional. Be sensitive to employees who do not celebrate Christmas. If casual dress worn by staff on the days between Christmas and New Year has become a problem, make sure you flag up what dress code is required ahead of time so that staff know what you are expecting. On the fourth day of Christmas my true love gave to me 4 annual leave days Christmas Shut Downs Are you planning on shutting down for a short period over the festive season? hopefully you announced this earlier in the year (ideally Jan) and explained clearly to staff the number of holidays they needed to save for the Christmas closure. If you forgot to do this, or have decided last minute that you want to close, then you can legally enforce holiday. You will need to give employees notice that is double the length of the holiday they will be taking e.g. if they are taking 3 days, you need to give them at least 6 days notice. If, however employees have run out of holiday for the year you can’t force them to take unpaid leave or force them to bring forward holiday entitlement from the next holiday year. Have a think in Jan 2025, what you would like to put in place for Christmas 2025 and plan ahead. Have a clear annual leave policy and communicate this to all staff. On the subject of holidays:- Can an employee refuse to work boxing day or New Years Day?
No, there is no legal right to time off on statutory holidays Do you have to pay staff more for working Christmas day/ boxing day/ new years eve / new years day? No, however you need to ensure that they have the legal statutory holiday entitlement throughout the holiday year. Can I say no to holiday requests around the Christmas period?
Yes, ensure you have a fair system for booking holiday though As always the word is POLICY. A clear annual leave policy will ensure staff know where they stand in relation to how you want to run your business. On the fifth day of Christmas my true love gave to me 5 longer days Overtime It’s your busiest season and you need employees to work overtime. Can you force them? That depends on your contract of employment. Don’t forget that The Working Time Regulations stipulate that employees cannot work in excess of 48 hours per week, on average, over a 17-week reference period. Have you asked your employees to opt out of this? even with this provision, the employee has the right to change their mind and give notice to that effect. |
Make sure you are inclusive, but be clear that participation is voluntary. Set a budget for gifts (£5 is a good idea) so there is no pressure on employees to buy expensive gifts. On the seventh day of Christmas my true love gave to me 7 suppliers plying Christmas Gifts
At Christmas many suppliers or clients may send your employees gifts Whilst we all enjoy the odd box of chocolates, it’s worth reminding staff of what is an acceptable gift. Do you have a clear policy which has been communicated to staff?
Are small gifts (under £10) ok to keep?
Do you want all gifts to be handed in and shared between all staff members?
Do you want/need a gift register?
You could even have a raffle on Christmas eve so everyone has the opportunity to take home a gift If you don’t have a Bribery Policy or a Gift Policy, this could be a good time to implement some. On the eighth day of Christmas my true love gave to me 8 online shoppers What do you do if staff are shopping online for their Christmas presents during work time?
Firstly what’s your internet policy? are they allowed personal access during working hours/ break times only/ or is personal use not permitted? ensure you make it clear to staff what your rules are. Nobody wants to be disciplined, so a friendly but firm reminder of the rules over the festive season, where temptation to browse for bargains is high, might help to discourage these sorts of distractions before they become a serious strain on productivity. Have a think about smart devices and mobile phones too. Ensure your policy covers all technology and when employees are permitted (if at all) to use them. On the ninth day of Christmas my true love gave to me 9 amazon orders Employees having parcels delivered to your premises for last minute Christmas presents?
Can we say NO? YES, YES, YES!! Time spent managing and opening parcels is time the employee is not working. This is fine for the odd parcel here and there, but too much will cause a big distraction. Also, since it’s illegal to open post that’s not address to you, it’s tough to stop any dangerous or illegal items from entering your company. Again, policy is the way forward, communicate your policy to staff. No policy = you can’t moan at employees when they do it! On the tenth day of Christmas my true love gave to me 10 temps a temping Seasonal staff Ensure that seasonable staff are on the correct contract, a fixed term contract is the best with an end date to their employment. Remember temporary staff are entitled to the same pay and benefits as perm staff in a comparable role. If you have no idea how much work you will have, hire the seasonal workers on a zero hour contract. On the eleventh day of Christmas my true love gave to me 11 employees partying Christmas parties Did you know that 10% of employees have been disciplined or dismissed for an incident which occurred at the works Christmas party? I know it’s “no fun” but it’s really important to be clear with employees about what behaviour is expected from them at a work party. Be clear that whilst you want everyone to have fun, the normal standards of professional behaviour apply and anyone who does not maintain professional behaviour may be dealt with formally. Why important?Because as an employer, you have vicarious liability for your employees’ behaviour, even if the behaviour takes place during a Christmas Party. If one of your employees makes discriminatory or offensive comments, or even just gossips about another employee, there is the risk that you could receive a claim and be liable for their behaviour. Have you thought about social media, can photos of the event be posted online? Some employees will not want these photos on social media. Again, no fun I know, but is it a good idea to limit alcohol intake. I know some companies give out free drink vouchers – maybe limit this to two. Have you been inclusive when arranging a Christmas party? to minimise the risk of any religious discrimination claim, think about an activity or event which everyone can enjoy. Lots of staff call in sick or are late to work after a Christmas party, so maybe plan it for a Friday/weekend or think about adjusting working hours the following day to allow staff to come in later. |
by Emma | Nov 30, 2024 | Newsletter
by Emma | Nov 19, 2024 | Newsletter
The Labour government has announced 28 new changes to employment law, affecting businesses of every size across the UK. With complex updates like these, understanding and implementing them properly can feel overwhelming, and failing to comply could have serious financial and reputational consequences.
Here are some of the significant changes you should know about:
- Day-One Rights: The traditional “2-year rule” will soon be replaced by day-one rights, which will fundamentally change how you manage new employees from the very start. This means adapting onboarding and management practices to align with these new protections.
- Zero-Hour Contracts Banned: In a significant shift, zero-hour contracts will no longer be allowed. Employers will need to offer regular hours to employees, which may require you to re-evaluate current staffing strategies and employment contracts to meet new standards.
- Flexible Working for All: All employees will now have the right to request flexible hours or a four-day workweek from day one. This change could impact working patterns across your organisation, requiring a fresh approach to workforce management, productivity tracking, and scheduling.
- Enhanced Sick Pay: Employers will need to enhance sick pay benefits, ensuring employees receive higher compensation during illness. Adjusting your policies and payroll processes in light of this will be necessary to maintain compliance.
What Does This Mean for Your Business?
With these changes set to impact how businesses operate, it’s crucial that your contracts, policies, and documentation are not only updated but reviewed for legal accuracy and readiness. Beyond documentation, you’ll need to communicate these changes effectively to your workforce, whether through comprehensive training sessions, team meetings, or written updates. Preparing in advance ensures smooth transitions and minimises potential disruptions.
Get Expert Support and Peace of Mind with Our Retainer Package
We are here to support you every step of the way with our exclusive retainer package, designed to help you stay on top of regulatory changes with minimal disruption to your business. When you partner with us, you’re not only securing reliable, personalised guidance but also ensuring you’re fully prepared for the impacts of these new laws.
With our team by your side, you’ll receive:
- Tailored advice specific to your industry and unique business needs
- Proactive guidance on policy updates, from employment contracts to workplace practices
- Support in rolling out necessary changes across your workforce, including communication plans and training strategies
We are committed to helping you stay compliant and confident in the face of regulatory shifts. Don’t let the complexity of these changes impact your business—reach out today to discover how our retainer package can keep you compliant, protected, and ready for the future.
by Emma | Oct 24, 2024 | Newsletter
by Emma | Oct 24, 2024 | Newsletter
It’s officially Autumn with Halloween this month!
Labour has delivered on its promise to publish its Employment Rights Bill within the first 100 days in government:
The Bill itself is not expected to pass into law until June or July next year.
Day 1 right: The government has specifically stated that the new day one right to unfair dismissal will not take effect before the Autumn of 2026.
The two year qualifying period will be gone and the right not to be unfairly dismissed will be in place from day 1 of employment. However, this will not prevent fair dismissals. The Bill allows employers to operate probationary periods during which employees can be dismissed more easily for performance after following a lighter-touch process. The government has committed to consulting on the length of the statutory probation period – its preference is for a period of 9 months.
Sick Pay changes: The minimum earnings limit will be removed, but lower earners will be entitled to a lower level of SSP, and SSP will be available from day one.
Family Friendly changes: Day one rights will apply to employees taking paternity leave and unpaid parental leave.
Fire and Rehire: The practice of fire and rehire is going to be restricted, not abolished as originally promised.
Zero hour contracts: They won’t be banned altogether but Labour will end “one-sided flexibility”. The Bill provides that workers on zero hours contracts and workers with a “low” number of guaranteed hours, who regularly work more than these hours, will have the ability to move to guaranteed hours contracts which reflect the hours they regularly work over a 12-week reference period. These measures will also apply to agency workers.
Flexible working: Flexible working will be the “default” from day one for all workers, but only where “practicable”.
Maternity protection: Under the Bill it will be unlawful for an employer to dismiss a person returning from maternity leave for six months after their return to work except in specific circumstances.
Sexual Harassment: Further steps will be introduced following the new Sexual Harassment rules (26th October), details have yet to be confirmed.
Stuff that wasn’t in the bill:
– A commitment to tightening the ban on unpaid internships, and the government will launch a Call for Evidence by the end of the year;
– A commitment to allow the use of modern and secure electronic balloting for trade union statutory ballots.
-Strengthening protections for the self-employed by tackling late payments and ensuring that travel time is paid using the new Fair Payment Code
-Introducing the Right to Switch Off through a statutory Code of Practice
Other measures not requiring legislation include:
– Removing the minimum wage age bands;
-Supporting workers with a terminal illness through the Dying to Work Charter
-Developing menopause guidance for employers and guidance on health and wellbeing
As always watch this space…..
Do you have “Volunteers” in your business?
Volunteers are not entitled to be paid the minimum wage and do not benefit from many of the rights given to workers and employees, such as paid holiday or statutory sick pay. However, employers should take care they do not inadvertently create a contract with the individual, which could give them worker or employee status. A tribunal may find that a contract exists if you provide remuneration to the individual or if you exercise a significant degree of control over them.
Volunteers should be relatively free to accept or deny work as they choose, without penalty.
I would always advise that a written agreement is put in place to clarify expectations.
Mohammed Al Fayed accused of multiple rapes by staff
No doubt you have seen this all over the news, which leads me nicely into….
From 26 October 2024 all employers will be required to proactively prevent sexual harassment in the workplace. The Worker Protection (Amendment of Equality Act 2010) Act 2023 (the new Act), and introduces a new duty for employers to take reasonable steps to prevent sexual harassment of employees in the course of their employment.
The new Act now imposes a mandatory legal duty on employers to proactively prevent sexual harassment of employees while they are at work by taking reasonable preventative actions.
Should an employee win a sexual harassment claim at an employment tribunal and the employer is found to have neglected their duty to take reasonable preventative steps, the tribunal may increase the compensation awarded by up to 25%. Given that there is no upper limit on the compensation for discriminatory harassment, this increase could be substantial.
What do you need to do as an employer?
A starting point would be to:
- Revisit your policies
- Conduct training
What’s New?
Do you have a Tip Policy and Tip record?
From 1st October 2024 employers must fairly allocate “qualifying tips’ to their employees. The statutory Code of Practice tells us that you must have a policy and a tip record in place. Employers must pass on 100% of tips, service charges and gratuities to employees. This applies to employees, workers and agency staff.
If this applies to your business, give me a call now and we can implement a policy and tip record in time for the new legislation.
by Emma | Sep 11, 2024 | Newsletter
It’s back to school (at last!)
Did you know that a survey of 2,000 UK adults by Phoenix Group, found that the average monthly cost of childcare and children’s activities is £1,683 higher in the holidays than it is during school time, representing 51% of the average UK monthly household income?
A lack of flexible working arrangements – such as the ability to work flexible hours, in different locations or part-time working – exacerbates costs and prevents some parents from staying in work.
40% of those surveyed who could work flexibly said they would quit if this option were no longer available. More than half (55%) said they would benefit from the ability to work remotely over the school holidays but do not have the option.
I personally have to manage this juggle during the holidays – lucky I am flexible with myself!
If you need advise on managing flexible working requests, implementing a policy or changes to terms and conditions please drop me an email.
Talking of back to school, what about your employees continuous development?
92% of employees in a survey agreed that training programmes have a positive effect on their engagement, while 68% of employees said that training and development was the most important policy.
By providing ongoing training opportunities, employees have the chance to continuously refine their skills and stay afloat of all the latest industry trends and advancements in their sector, enhancing their performance and equipping them with the tools necessary to take on new challenges and responsibilities. Not only does it help with productivity, it also helps with employee engagement and retention.
Training and development is a strategic investment in the long-term success of your business. Every organisation needs to have a budget for training and development and a plan!
Start with a training matrix – what do you have already. Then look at the future, what do you need? identify training requirements not only for the individuals but to take the business forward and build in succession planning. You need to think about training from a legal requirements point of view and training which will grow your business.
Don’t forget that I can offer training for managers and staff, here’s a few I offer:
- Menopause
- Harassment and Bullying
- Absence Management
- Grievance and disciplinary investigations
Contact me if you need a bespoke course and we can arrange a conversation.
Homework
No one likes homework, but here’s some HR homework for you…
- Review and update your company policies
- Review and update your contracts of employment
- Refresh employee training programs
- Streamline onboarding processes for new recruits
- Conduct performance evaluations and set new goals
- Boost communication and team-building activities
Now’s the time to take a look at what needs to be worked on and then engage my services to assist you.
by Emma | Sep 11, 2024 | Newsletter
“What’s up with her?”
“She is in a mood again!”
“Why are you always so tired all the time”
“It’s not that hard is it?!
Comments like these you can often just ignore or laugh it off. But we know, when you are menopausal/peri menopausal it can get harder to do this.
Instead, you may actually want to scream, argue, shout, punch or swear if you heard it!
It might make you feel better for about 30 seconds, but actually, a different response would be better… sorry but it’s true!
The hormonal fluctuations that occur during menopause, particularly the decrease in estrogen and progesterone, play a significant role in mood and energy levels. Estrogen is linked to the regulation of serotonin, a neurotransmitter that affects mood.
When estrogen levels drop, serotonin levels can also decrease, leading to feelings of sadness, irritability, and fatigue.
So with this alone going on in our bodies, not to mention busy jobs, kids, partners, plus everything else we have to manage as women, it’s no wonder we feel fed up and knackered from time to time.
So what can we do?
Get in natural daylight or sun as much as possible
It is proven that Vitamin D and natural sunlight helps to lift your mood from the outside in. Natural light being absorbed into the skin on our face quickly spreads through our bodies causing us to “wake up” Feeling down and tired, get outside and notice a lovely warm sensation flow through the body. Gorgeous.
Emotional Freedom Technique (EFT Tapping)
EFT Tapping, is an energy therapy where you tap on acupuncture points on the body to release energy blockages. Energy can be blocked and stored in our bodies negatively. In order to feel better the negative energy needs to be moved or released. It is a fantastic way to improve motivation and increase energy levels along with low mood.
Lisa is a practitioner in EFT and has used this technique with many women over the years getting fantastic results.
Want to know more then have a look here
https://www.lisatighetherapyandcoaching.co.uk/techniques/
Connect with others
Honestly, this is a great way to feel better. Connecting with like minded women who probably feel the same as you is a gamechanger.
Yes you can decrease caffeine, reduce sugar intake blah blah blah, but sometimes what really helps is a good old get together with other women to laugh, cry, moan and shout! It can remind you that you can feel alive and that you are not going mad either!
Get the right people around you when you feel low so they can lift you up and you can feel like you again!
Come and connect at the Your Life Your Purpose Retreat in October https://bit.ly/4c5RhEB
Among the many symptoms, low mood and decreased energy levels are particularly challenging, affecting not only personal well-being but also professional performance. In our mission to create inclusive and supportive workplaces, it’s essential to understand these challenges and how we can address them.
Low mood and energy can significantly impact an employee’s work performance. These symptoms may lead to reduced concentration, lower productivity, and increased absenteeism. For many women, this period of transition can be accompanied by feelings of frustration and isolation, particularly if the workplace lacks understanding and support.
Reasonable Adjustments to Support Employees
Creating a supportive work environment is not only compassionate but also beneficial for organisational productivity. Here are some reasonable adjustments that can make a significant difference:
- Flexible Working Hours; offering flexible schedules can help employees manage their energy levels throughout the day, reducing stress and allowing them to work during their peak times.
- Remote working options;providing the option to work from home can alleviate the pressure of commuting and help employees manage symptoms in a comfortable environment.
- Access to Support and Information; facilitating access to information about menopause and mental health support can empower employees. Consider offering workshops, creating informative materials, or providing access to professional counselling services.
- Fostering an Open Culture; encouraging open conversations about menopause can reduce stigma and make employees feel valued and understood. This includes training managers to recognise and address these.
Contact Lisa or Emma for the training services they can offer your business.
If you have any questions about the contents of this newsletter or Menopause/Peri-menopause in general then please contact Lisa or Emma.
Have a great summer!
by Emma | Sep 11, 2024 | Newsletter
I can’t believe it’s August already!
July, I attended a Branding Linkedin training course with the lovely Esther Partridge-Warner and Vanda Szabo. Please connect with these ladies as they have much to offer.
My Company Linkedin page is now up and running and I will be posting regularly on there with lots of useful information. Please take a moment to visit the page and give me a follow.
There has been a real mix of tribunal cases over the last few months, I have highlighted some below:
Recent tribunal outcomes:
- A Christian social worker has partly won his belief discrimination claim after a charity rescinded his job offer following the discovery of Facebook posts he had made expressing his views on homosexuality and same-sex marriage.
- A worker wins harassment claim because she received a birthday card! I normally say don’t be afraid of contacting staff who are off sick. But maybe contacting a member of staff 11 times in 3 weeks could be seen as harassment, throw in a birthday card and she wins her claim! The claimant was off sick for work-related stress and asked for minimal contact. The judge said:- “The effect of the repeated contact was to create a hostile and intimidating environment for the Claimant. She had said, in clear terms, that contact from the Respondent made her emotional. We have no difficulty in concluding that, subjectively, the effect for the repeated conduct was to create a hostile and intimidating environment for her”.
- A teenage baker was awarded £31k by a tribunal because she was hugged and touched on the ass by a colleague.
- A company that provides labour to farms did not have to pay workers the national minimum wage while they were travelling to work, the Employment Appeal Tribunal has ruled. Judge Holly Stout said: “The workers while on the minibus were not working in any ordinary sense. They would have been free to talk, snooze, read and, if they had the necessary electronic devices, to listen to music, watch a film or spend their time applying for more agreeable employment. They were, in short, not working, but travelling for the purposes of the time work, which began on arrival at their destination and ceased when their poultry work was done and they awaited the minibus to take them home.”
- A head teacher who was unfairly dismissed after tapping her own child’s hand with her fingers has been awarded £102,300 by the employment tribunal.
- A mother has won more than £90,000 for sex discrimination after a prospective employer withdrew its job offer after asking how old her children were. The claimant was asked about the age of her children out of the blue in a meeting clearly designed to assess the claimant’s suitability for the post. The tribunal did not consider that a man would have been asked this same question. The tribunal found that she had been directly discriminated against because of her sex.
If you need to speak to me about any issues that have been highlighted in these cases, please give me a call on 07929506143.
Keep an eye on my Linkedin pages for further case law updates.
