by Emma | Jan 2, 2024 | Newsletter
National Minimum Wage
From April 2024, the national minimum wage will increase by almost 10% to £11.44 per hour for those aged 21 and over. For 18-20’s it will increase to £8.60 per hour and for under 18’s and apprentices it increases to £6.40 per hour.
Please ensure you make changes to your payroll and inform staff of their new rates.
New Employment Laws
Likely to come into effect during 2024 include The Carer’s Leave act, The Neonatal Care (leave and pay) Act and changes to flexible working laws.
Watch this space for more info.
What about the financial crisis, how will this continue to impact businesses?
The back end of last year I featured in HRgrapevine talking about cash V benefits. Take a read here:
Cash V Benefits
New course!
If you are interested in attending a menopause session or sending your staff / managers on a course then please contact me now. Special offer for courses booked from Jan-March.
by Emma | Oct 10, 2023 | Newsletter
The Act amends the Employment Rights Act 1996 (ERA 1996) to give workers and agency workers the right to request a predictable work pattern. The circumstances in which they will be able to do this will be where:
- There is a lack of predictability as regards any part of their work pattern (fixed term contracts of 12 months or less are presumed to lack predictability);
- The change relates to their work pattern; and
- Their purpose in applying for the change is to get a more predictable work pattern.
A maximum of two applications may be made in a 12-month period. The length of service requirement to access the right, which is expected to be 26 weeks, will be specified in regulations.
Employers, temporary work agencies or hirers will be able to reject applications based on statutory grounds. These will include the burden of additional costs, detrimental impact on the recruitment of staff or other aspects of the employer’s business, or there being insufficient work during the periods the worker has asked to work. Workers and agency workers will have the right not to suffer a detriment short of dismissal for making an application under the procedure or for bringing proceedings to enforce the statutory right to request a predictable work pattern. It will also be automatically unfair to dismiss an employee for making an application under the statutory procedure or for bringing proceedings to enforce the statutory right.
The Act is due to come into force a year after receiving Royal Assent (next September) and an Acas code of practice which will provide guidance on how to make and handle requests will be issued for consultation over the coming weeks.
by Emma | Aug 4, 2023 | Newsletter
Currently, employed fathers and partners have to choose between taking one week or two weeks’ paternity leave; this will change so that they can take the two-week entitlement in two separate blocks of one week if they want to. Rather than just being able to take statutory paternity leave in the first eight weeks after birth or placement for adoption, it will also be possible for the leave to be taken at any time in the first year.
Currently, an employee has to provide notice of the date on which they want their paternity leave to start 15 weeks before the birth. These notice requirements will be changed and it is proposed that only 28 days’ notice will be needed, although the notice of entitlement will still need to be given 15 weeks before birth.
Watch this space for implementation date.
by Emma | Aug 4, 2023 | Newsletter
The Employment Relations (Flexible Working) Bill received Royal Assent on 20 July. The Employment Rights Act 1996 will be amended so that:
- An employee will no longer have to explain what effect, if any, they think their requested change will have and how this should be dealt with.
- An employee will be entitled to make two requests in any 12-month period.
- An employer won’t be permitted to refuse a request unless the employee has been consulted with.
- The time for an employer to come to a decision on a request will be reduced from three to two months.
The legislation look’s likely to come into force in approximately a year’s time, to give employers time to prepare.
The government has reiterated that the right to request flexible working will become a “day one” right at some stage, although this is not an amendment made by the Act and will require secondary legislation to remove the current 26 weeks’ continuous employment qualifying requirement.
by Emma | Jul 17, 2023 | Newsletter
Did you know that alcohol causes 17 million sick days in the UK every year?
With this in mind, it is important to provide your employees with support.
How can you do this?
1) Promote awareness – what is responsible drinking? what are the health risks?
2) Train your management team
3) Invest in well-being services and counselling support
4) Have clear policies in place
5) Don’t encourage a drinking culture – plan socials which are drink free
6) Signpost your employees to support services
For further guidance, please give me a call.
by Emma | Jul 17, 2023 | Newsletter
A judge has ruled that a teacher was a victim of unintentional harassment after the employer refused to let the employee’s mother attend her disciplinary hearing, which amounted to failure to make reasonable adjustments. The teacher was disabled, with anxiety and depression.
In this case she also won her case for unfair dismissal, despite having boasted about having cocaine delivered to the school that she worked at. The investigation was deemed to be flawed from the start.
This is a reminder to ensure investigations and disciplinary hearings are procedurally fair and for reasonable adjustments to be made where deemed appropriate.
If in doubt, please drop me a line.
by Emma | Jul 17, 2023 | Newsletter
This case established that gender critical views are protected as a belief under the Equality Act 2010.
The Company dis-continued her contract after she tweeted about her views. But the Employment Tribunal upheld Forstater’s case, concluding that she had suffered direct discrimination on the basis of her gender critical beliefs and she was awarded more than £100k.
The gender-critical movement argues that recognition of transgender people, particularly trans women, conflicts with women’s “sex-based rights”.
by Emma | Jul 17, 2023 | Newsletter
The after effects of Covid-19, is long covid and many people are affected. The symptom list seems endless, this is what the NHS are deeming the most common symptoms of long COVID are:
- extreme tiredness (fatigue)
- feeling short of breath
- loss of smell
- muscle aches
- problems with your memory and concentration (“brain fog”)
- chest pain or tightness
- difficulty sleeping (insomnia)
- heart palpitations
- dizziness
- pins and needles
- joint pain
- depression and anxiety
- tinnitus, earaches
- feeling sick, diarrhoea, stomach aches, loss of appetite
- a high temperature, cough, headaches, sore throat, changes to sense of smell or taste
- rashes
Because of this very long list of symptoms and the fact that there is little research at the moment into long covid, it becomes very difficult to manage employees absence and illness in relation to long covid.
Acas recommends that employers focus on the reasonable adjustments they can make rather than trying to work out if an employee’s condition is a disability. This needs to start with an open dialogue about their condition and a sufficient understanding of long Covid among managers so training is key.
Because older people, women and certain ethnic groups are more likely to experience long covid, treating those with long covid less favourably than other employees with long-term health conditions or adopting rigid or unjustifiable policies about, for example, attendance at the workplace, could give rise to direct or indirect age, sex or race discrimination claims, as well as claims of disability discrimination.
Please let me know if you have any long-covid issues in your workplace.
by Emma | Jul 17, 2023 | Newsletter
I bumped into someone the other day who told me that they had been offered a new job. They were very surprised that they had been successful, because they were 61 and they thought their age was against them.
The UK continues to find it difficult to recruit skilled individuals to fill ever growing vacancies. More and more businesses have changed their attitudes to hiring over 50’s because they have had to!
We have heard of “The great un-retirement” and the government calling those over 50 who had retired back into the workplace. Embracing employees over the age of 50 demonstrates a commitment to diversity and ensures that the business benefits from a range of perspectives and experiences. People in later life are increasingly looking to stay in work and it is important that more businesses look for ways to support them.
Here are a few reasons that businesses should look at ensuring their recruitment processes is age-inclusive:-
- Older employees are often known for their strong work ethic and reliability and contrary to common stereotypes, older employees are often adaptable and flexible. They have witnessed significant changes in the workforce throughout their careers and have adapted to new technologies and methodologies. Their ability to embrace change can contribute to organisational growth and innovation.
- Often older individuals have reached a stage in their lives where they may not be burdened with familial or personal commitments, enabling them to fully dedicate themselves to their work. This can result in increased productivity and employee satisfaction.
- Older employees tend to have lower turnover rates compared to younger employees. They are often more committed to their careers and less likely to jump between jobs. Hiring older employees can contribute to a stable workforce and reduce recruitment and onboarding expenses.
- Older employees can serve as mentors and leaders within the organization. Their extensive experience allows them to guide and support younger employees, sharing their wisdom and knowledge.With age comes a wealth of problem-solving abilities. Older employees have faced various challenges throughout their careers and have developed effective strategies to overcome them.
- Older employees often possess excellent interpersonal skills, honed over years of working with diverse customers and clients. They can effectively build and maintain relationships, which is crucial for business success.
National Statistics found that flexible working hours, good pay and being able to work from home were the most important factors that 50-65 year olds look at when considering a return to work.
Older people are realising that they’ve got the energy, motivation and passion to work, but they want to do it in a way that suits their lifestyle. If businesses are able to adapt their attraction and retention strategies to suit the needs of this older generation then more businesses may be able to benefit from their skills and experience.
Don’t forget that there are adult apprentices on offer, take a look at the below link for further information:
by Emma | Jun 27, 2023 | Newsletter
The claimant had attended a meeting with his manager in September 2020 to discuss his possible retirement at the end of the year and the financial package that he might then receive.
During this discussion it was acknowledged that he had accrued a considerable amount of holiday entitlement that had not been paid. A payment of £68,199.60 was proposed as representing 168 days holiday in total.
The figures for holiday pay and other items were subsequently included in a draft settlement agreement that was produced some two months later. There followed negotiations about the figures but no agreement was reached.
The claimant was subsequently dismissed and he issued a claim for unlawful deductions in respect of the holiday pay. In the claim form, he recounted the meeting that had taken place and the fact the offer had been made to pay him more than £68k.
The employer objected to this information being in the evidence on the grounds that it was a without prejudice offer.
It was held that the evidence of the offer could be produced and relied upon in the proceedings as at the time of the discussion between parties there had been no dispute. The EAT considered that when the conversation took place litigation was not contemplated.
In this regard the fact the parties were making proposals to each other was relevant, but it did not conclusively establish that without prejudice privilege applied. Such proposals may be made in discussions, and yet the parties would not at the time have been contemplating litigation.
A dispute only arose once the settlement agreement had been produced and there was disagreement about the figures. Before that point the parties were not in dispute and the without prejudice rule relating to the evidence could not apply.
The decision highlights that evidence of a party making an offer in a meeting may be used against them if at the time it was made there was no litigation in prospect.
