And how will you prioritise employee mental health more generally in 2024……?

Mental Health Awareness Week 2024 will take place from 13 – 19 May 2024 and the theme is: “Movement: Moving more for our mental health” ie: helping people to find moments for movement in their daily routine whether at work or at home.

Mental health, now more than ever before, is increasingly becoming a key focus for inclusion and diversity.

Recruitment and retention

We know that employee turnover has a significant impact on the company bottom line. It’s important to understand the impact of the shift in our intergenerational workforce, younger generations in particular are becoming more aware and vocal in their focus on workplace wellbeing as a key factor that draws them to and keeps them in roles.

Company leaders focusing on employee well-being and incorporating better work practices will reduce the turnover in their industries, simultaneously fast-tracking business growth.

Impact on productivity and feelings towards work

When our wellbeing is chronically being impacted or there are enduring influences on employee mental health, there is a clear correlation in apathy, lack of productivity, and even feelings of resentment. In spaces where mental health is not prioritised we continue to see increased instances of absenteeism.

There is often a misplaced focus on “happy” workplaces as a solution, whereas our focus should be on healthy workplaces. When the focus is on fostering a sense of belonging, purpose, and fulfilment among employees, these inherently lead to enhanced well-being and job satisfaction.

Build understanding to reduce mental health discrimination

Multiple factors may combine, through our lives, to protect or undermine our mental health, and shift our position on the mental health spectrum. Individual psychological and biological factors such as emotional skills, substance use and genetics can make people more vulnerable to mental health problems.

It is only through taking a learned and strategic approach to understanding employee mental health that we can begin to foster inclusion and mitigate mental health discrimination.

A bespoke approach to training as well as creating opportunities for key skills such as Mental Health First Aid creates a culture of resilience and sustainability.

Ways to prioritise and support employee mental health:

Have key policies and procedures in place

Policies and procedures that are prepared with a high level of expertise form the foundations of prioritising mental health support in the workplace – evidenced in all key policies including mental health and wellbeing, sickness, and flexible working.

Ensure that polices and procedures are clear, accessible and indicate clearly the company’s prioritisation of employee mental health and wellbeing. Provide appropriate training for all people across the organisation.

To ensure that employees receive comprehensive support, catering to their diverse needs and enhancing not only job satisfaction but overall life satisfaction, it’s important to implement targeted and appropriate training for all people across the organisation.

Create psychologically safe workplaces

Having a culture of true psychological safety is the foundation that prioritising employee mental health is built on. Empathetic leadership that embeds inclusive values in word and practice allows for space to be both vulnerable and soft, and, dynamic and strong – by doing so, you pave the way for longevity and innovation.

Staff networks

Staff networks, employee resource groups, or ad-hoc employee support groups are a highly beneficial tool for embedding a culture of wellbeing within the workplace.

They show a recognition of the correlation between employee wellbeing and organisational success, fostering an environment where employee health and welfare are considered integral to business objectives. Through these networks organisations acknowledge the integral role of community support when it comes to employee wellbeing. These spaces provide agency where employees are empowered to take the lead on their wellbeing needs, with organisations providing the necessary resources, support, and flexibility to facilitate these spaces.

This approach not only enhances the relevance and effectiveness of wellbeing initiatives but also fosters a sense of autonomy and control among employees, contributing to improved wellbeing outcomes.

Summary

Prioritising employee mental health is not just a nice to have, it is business critical – incorporating an informed and robust culture of prioritising mental health takes an active and ongoing stance – through strategy, training and inclusive practice.

For help with policies or the implementation of a Mental Health and Wellbeing Audit please get in touch with nicola.goodridge@goodhr.co.uk or call +44 7917 878384

New parents will have more flexibility to choose when to take statutory paternity leave under changes applying from April 2024.

Under the current rules, new dads and partners can take up to two weeks’ statutory paternity leave on the birth of their child. This is paid at a statutory rate of £172.48 each week. Leave must be taken in the first eight weeks and has to be taken as a single chunk of either one or two weeks. To be eligible for leave and pay, employees need six months’ continuous service. Statutory paternity leave is also available to the second person adopting a child (with the primary adopter being eligible for adoption leave).

The rules around how and when statutory paternity leave can be taken are now being relaxed.

What is changing with paternity leave?

Under the new rules, employees will be able to take statutory paternity leave at any point in the first year (up from the first eight weeks) and will be able to split it up into two separate blocks of one week (rather than having to take two weeks together).

This means that a new parent will be able to take statutory paternity leave in a variety of new ways, for example:

• one week when the baby is born and a second week after nine months when their partner returns to work; or
• no leave when the baby is born, but two weeks after 10 months.

The notice requirements are also changing. Currently, employees must give notice of their leave dates 15 weeks before the birth. This is changing so that dads/partners will only have to give 28 days’ notice of the leave they intend to take, although notice of entitlement must still be given 15 weeks before birth.

Finally, there is a tougher regime for declaring entitlement. Under the current rules, employers can ask the employee to sign a declaration that they are an eligible parent and that they want the leave for legitimate purposes (to care for the child or support their partner). The new rules say that employees must declare their eligibility and the legitimate purpose of their leave.

What is not changing with paternity leave?

The purpose of the leave : The purpose of the leave must still be for the employee to care for the child or support their partner. This remains likely to be interpreted broadly, but a new dad cannot, for example, take paternity leave to go on holiday without the baby.

Statutory paternity pay will go up slightly in April 2024, to £184.03, in line with the usual practice of uprating statutory payments. There are no plans to significantly improve on this low level of payment. Employers may choose to offer full pay (and many do) but, where employers do not top up pay, parents are generally better off taking holiday instead.

No right to postpone leave : Employers have no right to postpone statutory paternity leave or request that it be taken at a different time. This makes perfect sense for leave taken at the time of birth or adoption, since the employee cannot control those dates and the employer cannot reasonably argue over them. The lack of any employer say over the days will continue, however, when the rules change and the window in which leave can be taken significantly increases. This means that eligible employees will be able to take statutory paternity leave at dates of their choosing at any point in the first year, as of right, even if the dates are inconvenient for the employer. In this one respect, therefore, taking paternity leave differs from booking holiday.

Use paternity leave before shared parental leave : Statutory paternity leave is not available if the employee has already taken shared parental leave. Employees therefore need to have used up paternity leave before taking shared parental leave. This rule is also staying put and may become more significant when the rules change and employees become entitled to take paternity leave during the whole of the first year.

Finally, statutory paternity leave must still be taken in whole weeks.

When do the changes to paternity leave take effect?

The new rules apply to babies expected to be born after 6 April 2024 and to children expected to be placed for adoption on or after 6 April 2024.

What do employers need to do?

Employers may need to update their paternity leave policies, and people managers may need updating on the new rights.

From a practical perspective, once the new rules take effect, employers could experience a small uptick in employees taking statutory paternity leave, especially when employees want to avail themselves of the right to take their chosen dates without risk of cancellation. The overall impact is, however, likely to be modest given that the overall entitlement remains just two weeks and statutory payment remains low.

Employers should also consider what level of payment they want to make for statutory paternity leave as a matter of policy. Offering full pay is increasingly the norm.

Looking further forward, the Labour Party has indicated that it could scrap the six months’ service currently required to qualify for statutory paternity leave, so further change may lie ahead under a change of government.

For help with a new paternity policy please email nicola.goodridge@goodhr.co.uk or call +44 7917 878384

From 6 April 2024, employees will have a statutory right to a week’s unpaid leave to care for a dependant.

Who can take carer’s leave?

Carer’s leave will apply to employees and is intended to allow the individual to provide or arrange care for a dependant with a long-term care need.
The definition of “dependant” mirrors the definition used for the right to time off for dependants. This includes a:

• spouse
• civil partner
• child
• parent
• a person who lives in the same household as the employee (other than by reason of them being their employee, tenant, lodger or boarder) or
• the wider catch-all provision, of a person who reasonably relies on the employee for care.

Employees are entitled to carer’s leave from day one of their employment. As with other statutory leave entitlements, employers cannot penalise any employee choosing to take advantage of carer’s leave once it is brought into force. Dismissal of an employee for a reason connected with their taking carer’s leave will be automatically unfair. Employees are also entitled to return to the same job they were doing immediately before they took carer’s leave.

What will carer’s leave be used for?

A “long-term care need” is defined as:

• an illness or injury (either physical or mental) that requires or is likely to require care for more than three months
• a disability under the Equality Act 2010 or
• issues related to old age.

How much time can be taken?

The entitlement to one week’s leave is the maximum any employee is entitled to. Employers are not able to require an employee to evidence their entitlement to the leave.

How can carer’s leave be taken?

Flexibly, with the key procedural requirements as follows:

• Employees using the leave must take a minimum of half a working day at a time; a working day meaning the employee’s usual working pattern. There is no need for the leave to be used on consecutive days either. Employees could therefore take five separate days over a 12-month rolling period.

• Employees are required to provide notice, although this does not need to be in writing. The notice must include the fact that the employee is entitled to take carer’s leave and the day(s) or part of a day that will be taken.

• Employees will be required to give notice which is either twice the length of time being requested, or three days, whichever is the longest. It is open to employers to waive the notice requirement provided the employee is otherwise eligible to take carer’s leave.

Does an employer have to agree?

Employers are not able to deny an employee’s request for carer’s leave but can postpone it if they reasonably consider that the operation of the business would be unduly disrupted if the leave was approved.

If the employer does postpone the leave, they must provide a written counter notice within seven days of the request, explaining the reason for the postponement and the revised dates the leave can be taken on. The employee must be allowed to take the requested leave within a month of their original request.

What remedies does an employee have if these rights are not upheld?

An employee will be able to bring an employment tribunal claim if their employer has unreasonably postponed, prevented or attempted to prevent them from taking carer’s leave. A tribunal can make a declaration and award compensation. Compensation is subject to what the tribunal considers “just and equitable”, taking into account the employer’s behaviour and any consequential loss sustained by the employee.

Practical implications for employers

Employers should start to consider:

• updating or creating policies to inform employees of the new right and the logistics of requesting and taking it.

• creating a “self-certification” form for employees to complete, declaring that they meet the legal definition of a carer and will be using the leave in that capacity.

• introducing a system of record-keeping to track the number of days taken. Employers should also use this data to consider what further support they could provide for employees (for example, allowing additional unpaid time off if staff are using high levels of annual leave to provide intermittent care or help to dependants).

• informing people managers of the new right, the fact that any dismissal connected to using the leave will be automatically unfair, and the potential sensitivities around this topic. Some employees may not wish their colleagues to be aware they are taking time off for caring responsibilities, if they have not previously discussed this at work, or may not want to inform their manager of their need to take carer’s leave.

Should I enhance this right?

Some employers may wish to enhance these new rights by:

• offering pay for some or all of an employee’s entitlement or
• offering an increased amount of unpaid time off.

This might be part of a package of measures designed to attract and retain older workers.

Even if employers do not intend to offer paid leave, the new right may encourage employees to talk to their employer about any caring responsibilities they have and how they are managing those responsibilities alongside work, and this in turn may lead to more employers adopting carer policies.

For assistance with a carers policy or updating existing policies, please email nicola.goodridge@goodhr.co.uk or call +447917878384

The government has announced that the new flexible working regulations will come into effect on 6 April 2024, giving employees the right to request flexible working arrangements from day one of employment – under current law the right is only available after at least 26 weeks of employment.

‘Flexible working’ can refer to working patterns or hours including part time, flexi-time, term time, compressed hours and adjusting start and finish times, as well as location, for example, working from home.

What are the new regulations on flexible working?

• the right is available to employees from day one of employment
• employers will be required to consult with the employee when they make a flexible working request before rejecting it
• employers have to respond to a request within two months (it is currently three months)
• employees will be able to make two requests within a 12-month period, compared to the single request they are currently allowed
• employees are no longer required to explain what effect their request will have on the business.

Employers should review current policies…

To prepare for these changes, employers should start by reviewing their current flexible working policies and ensuring they align with the new regulations. They should also anticipate a higher volume of flexible working requests.

Employers should also ensure they have in place effective processes to review and respond to applications promptly and have trained their managers on how to deal with them too.

Embrace a shift in workplace dynamics…

Employers need to try and view the changes as an opportunity to reassess and enhance their operational models. It’s not just about complying with the law but embracing a shift in workplace dynamics that can lead to increased employee engagement, retention and a wider talent pool.

Businesses need to think about the broader implications of flexible working for their organisational culture which includes the following:

• investing in technology that supports remote or hybrid work
• redesigning workspaces to accommodate flexible schedules.

Give employees clarity…

Although employees will be granted the right to request flexible working from day one, there is no guarantee that these requests for flexible working will be granted.

Employees who rely on flexible working need to know when they apply for a role if the level of flexibility that they require can be met. Clarity in job adverts is essential – this is the only way for jobseekers to identify companies that can accommodate their working preferences. It’s also the best way for employers to find staff who will genuinely thrive in the working environment they offer.

Find a way to make requests work…

Not all roles are going to be suitable for every requested working pattern but approaching any requests from the point of view of ‘how could we make this work’ is a good starting point.

Accommodating flexible working patterns will only benefit employers because employees are increasingly looking for businesses to work for that value wellbeing as part of their culture, and flexible working opportunities have become a staple incentive to attract the best people.

Businesses should consider alternatives if employees request a pattern that does not work for them. There are eight fair reasons for refusing flexible working requests and employers should think about the impact on the business of accepting or rejecting flexible working requests.

You will need a newly drafted flexible working policy….

For assistance with a newly drafted flexible working policy, which needs to be significantly different to the current policies, please email nicola.goodridge@goodhr.co.uk or call +447917878384

Recent research has found that one in ten women who worked during the menopause had to leave their job because of their symptoms or because they didn’t feel ‘safe’ enough to request the workplace adjustments.

The Equality and Human Rights Commission (EHRC) has emphasised the need for an employer to make reasonable adjustments where a worker’s menopause symptoms amount to a disability.

What is a disability?

The EHRC states that menopause symptoms – which can range from hot flushes to sleep problems – can be considered a disability if they have a long-term and substantial impact on a woman’s ability to carry out normal daily activities.

Employer’s legal obligation

Employers have a legal obligation to make reasonable adjustments in the case of a disability, and they must ensure they do not directly or indirectly discriminate against a woman – or any employee – because of a disability.

Reasonable adjustments for menopausal symptoms could include:

• allowing flexibility over an employee’s start or finish times,
• providing a fan, or
• allowing working from home.

Menopause employer guidance

Employers need to be aware that:

• menopause symptoms may be protected from direct and indirect discrimination, as well as harassment and victimisation, on the grounds of age and sex.
• they have a legal obligation under health and safety laws to conduct an assessment of workplace risks, which should take into account the risks to menopausal women.

The EHRC also recommends the following:

• flexibility around start and end times should be considered to support women, particularly if their sleep has been disrupted.
• working from home should be allowed where possible.
• menopause-related absence should be recorded separately from other types of absence – disciplinary action resulting from menopause-related absence could be considered unlawful.
• open conversations about menopause should be encouraged and involve all workers, not just managers and menopausal women, which could be done through training or “lunch and learn” sessions, as well as conversations in less formal settings.
• workplace environment, such as room temperature and ventilation, should be considered.
• rest areas or temperature-controlled areas should be introduced where possible, and uniform requirements should be relaxed to avoid any disadvantaging of menopausal women.

In a nutshell:

The EHRC guidance published today will assist employers to do the following:

• put support mechanisms in place to retain and safeguard the wellbeing of some of their key members of staff, typically at the peak of their career – and consequently reduce the risk of claims.
• educate their workforce about menopause related issues and have proper policies in place that deal with banter, victimisation and discrimination in all its guises.

How will tribunals deal with discrimination claims on grounds of menopause?

• A CFO at a fintech company recently won an age and sex discrimination claim after she was described by her CEO as menopausal.
• A former Direct Line employee won her claim after her employer failed to make reasonable adjustments when she began experiencing menopause-related concentration issues.

For advice or a menopause policy for your staff handbook, contact nicola.goodridge@goodhr.co.uk or call +44(0)7917 878384

The most significant changes have been made to holiday pay rules for some time as the UK seeks to enshrine in UK law many of the principles introduced by the EU.

The headline changes which will take effect for holiday years commencing from 1 April 2024 onwards include:

• re-introducing rolled-up holiday pay for irregular hours and part-year workers using the 12.07% of hours worked calculation method;

• changes to the definition of a week’s pay for holiday pay calculations;

• changes to carry over of holiday rules.

Rolled-up holiday pay is to be allowed – for some….

• The term “rolled-up” holiday pay refers to the practice of paying an employee’s holiday pay at the same time as basic pay (i.e. “rolling” the two payments together).

• The new laws allow rolled-up holiday pay for holiday years from 1 April 2024, (up to a maximum of 28 days per year) as long as:

– the worker counts as an irregular hours or part-year worker;

– holiday pay is calculated at 12.07% of all pay for work done;

– the extra 12.07% is paid at the same time as pay for the work done;

– the holiday pay is itemised separately on the payslip.

There are some special rules for calculating rolled-up holiday pay if the worker is on sick leave or family leave – namely, where an individual has periods of absence through the year (for example on maternity or sick leave) and therefore the 12.07% method is not workable, their holiday accrual will instead need to be calculated over a 52 week reference period.

This approach will not be mandatory, but if you are an employer struggling with how to calculate holiday entitlement and pay for workers whose hours are irregular or occasional, then this could be a welcome development. Many such workers are not obliged to work any particular days, making it tricky to earmark any day as a holiday and make the correct payment.

NOTE:
• The new system means that you can manage holidays by simply paying an extra 12.07% pay supplement.
• When the worker actually takes holiday, they do not get paid extra holiday pay because they have already had it rolled up in their pay.

Potential pitfalls

There are a few potential drawbacks with rolled-up holiday pay:

• Rolled-up holiday pay is only available for people working on a part-year or irregular hours basis. So, if you do choose to offer rolled-up holiday pay, you must ensure that the worker is eligible first.

• The rolled-up holiday pay option doesn’t allow scope for distinguishing between different types of leave and paying them at different rates. The supplement must be paid on all earnings. There may be some situations in which that could make holiday more expensive.

• A word of caution about working time. Rolled up holiday pay doesn’t mean that workers can start working 52 weeks of the year, without taking any holidays. The onus is still on you to make sure they have at least 5.6 weeks off. The difference is just that, when they do take that time off, it would be unpaid as holiday pay has been accounted for in the rolled up holiday pay supplement.

Changes to the definition of a week’s pay for holiday pay

The other area of contention for holiday pay for some time has been whether holiday pay should include regular overtime, commission, bonuses, call out payments or just basic pay.

EU law concluded that holiday pay should not be calculated on basic pay only. Instead it should be calculated on the normal pay that the employee actually received. Therefore, the new rules aim to restate and codify these principles.

Please NOTE: Technically, employees in the UK have two separate holiday entitlements – four weeks’ leave based on EU law and an extra 1.6 weeks based on UK law, In practice employers view their employees as simply having 5.6 weeks of holiday each year but the distinction is important to note when viewing the new regulations.

Under the new rules, there will be two calculation methods although employers can adopt the more generous method for both types of leave:

• Holiday pay for the first 4 weeks of statutory holiday pay (and all holiday pay paid to irregular hours and part-year workers) must be calculated based on new “normal remuneration” provisions. which should include:

– Payments including commission payments which are intrinsically linked to the performance of tasks which the worker is obliged to carry out under their contract;

– Payments for professional or personal status relating to length of service, seniority or professional qualifications;

– Payments such as overtime payments, which have been regularly paid to a worker in the 52 weeks preceding the calculation date.

• The remaining 1.6 weeks statutory holiday can be paid at ‘basic’ pay level.

The reality is that employers will likely adopt the same policy for all holiday pay – but that same policy must be the more generous of the two.

Changes to the right to carry over holiday from one year to the next

The rights in relation to carry over of leave from one year to the next have also been codified in UK law.

• Where an employee is unable to take holiday due to family leave or sickness absence : they can carry over their holiday entitlement for a maximum period of 18 months after the holiday year in which it was accrued.

• Where an employee has not been able to take paid holiday in the correct holiday year because:

– their worker status has been denied by the employer (i.e. the employer has incorrectly classed them as self-employed); or

– their employer has failed to give them reasonable opportunity to take leave or encourage them to do so; or

– their employer has failed to tell the worker that if they don’t take the leave it will be lost;

they will be entitled to carry over 4 weeks’ holiday per year and every year unless and until the employer corrects the failing.

In practice this means it is more important than ever that employers must:
• ensure that they accurately assess the status of all individuals working for the company;
• ensure that they have systems and documents in place communicating the right to take holiday, encouraging employees to access the same throughout the year and explaining that holiday will be lost if not taken.

What should employers do now:

Employers should start reviewing their current approach to holidays against this new system:

• If you have populations of workers who are paid overtime, commission, or allowances etc then double check that this is being factored into their holiday pay correctly.

• If you want to pay holiday at different rates then you’ll need a system for identifying which type of holidays are which and setting out clearly, in a policy, that holidays are used up in a particular order.

• If you have workers who count as irregular hours or part-year workers, then review your approach against the new accrue-as-go system.

• Remind workers to use up their holiday entitlement and give them sufficient opportunity to do so.

• Update contracts and policies as necessary.

For advice and assistance please email nicola.goodridge@goodhr.co.uk or call +44 (0)7917878384

This year will see a series of legislative changes that will have ramifications for workers, employees and employers. It is shaping up to be a busy year for new employment laws. The changes in policy cover:

• holiday pay
• flexible working
• greater protection for those pregnant or returning from maternity leave
• new rights for those with caring responsibilities
• duty on employers to prevent sexual harassment.

Holidays

From 1 April 2024, new laws on holiday entitlement and pay come into effect, requiring employers to maintain full normal pay levels for at least four weeks of an individual’s holiday entitlement and allowing workers to carry forward unused holiday entitlement in certain circumstances. If you pay overtime, commission or other allowances to your workers, you should check that you are factoring this into their holiday pay as required. You should also make sure that you are reminding workers about the need to use up their holiday entitlement within the holiday year.

The headline changes include:

1. re-introducing rolled-up holiday pay for irregular hours and part-year workers;
2. re-introducing the 12.07% of hours worked calculation method for irregular hours and part-year workers;
3. changes to the definition of a week’s pay for holiday pay calculations;
4. changes to carry over of holiday rules.

*** Next month the newsletter will focus in more detail on the new laws on holidays ***

Flexible working

On 6 April 2024, workers will be able to ask for flexible working from day 1 of employment (instead of having to complete 6 months of employment before putting in a request). It may raise the prominence of the right to request flexible working at a time when some employers are taking a tougher approach to office attendance, but ultimately the changes are limited: whether to accept or decline a request remains in the hands of the employer.

Carer’s leave

From 6 April 2024, the new right to carer’s leave also comes into effect. From this date, employees will have a new statutory right to a week’s unpaid leave to care for a dependent. Whatever the size or nature of your business, you are likely to employ some workers with caring responsibilities even if they have not previously disclosed that they are a carer. You will need to think about updating or creating new policies, introduce a system of record-keeping to track the number of days taken and ensure that people managers are aware of this new right.

Returners from family friendly leave

From 6 April 2024, employees who are pregnant or returning from maternity, adoption or shared parental leave will gain priority status for redeployment opportunities in a redundancy situation. The changes will materially increase the numbers of employees with protection (for example, fathers taking just 6 weeks’ of shared parental leave will become eligible for 18 months of protection). If you are considering or planning restructuring in 2024, you will need to think through the implications of the new protections and the practical issues that may arise.

Paternity leave

Also in April 2024, the government is expected to make minor changes to paternity leave. This will allow paternity leave to be taken at any time in the first year and to be split up into two separate blocks of one week. The current six-month qualifying period, overall limit of two weeks’ leave and low levels of statutory payment will continue, however, so this does not make paternity leave into a much bigger right.

Looking ahead to the remainder of the year, there continues to be a lot of legislative change.

Fair distribution of tips

The long-awaited new law on the fair distribution of tips seems likely to come into effect on 1 July 2024, impacting employers in the hospitality sector.

Right to request a predictable working pattern

A new statutory right to request a predictable working pattern is also due to come into force in around September 2024 giving all workers the right to request a more predictable contract and requiring employers to put new processes in place for handling those requests. While the new right appears to apply to a wide range of workers, employers will retain the right to reject requests.

Proactive steps to prevent sexual harassment

On 26 October 2024, the Worker Protection Act comes into effect, requiring employers to take proactive steps to prevent their employees from being sexually harassed at work. Ahead of the October commencement date, the Equality and Human Rights Commission will be publishing new guidance or a new Code of Practice on what proactive steps employers are expected to take. What the EHRC say (whether in new guidance or a new Code) will be critical in setting the bar for employers. That bar has gone up in a post #metoo world, so all employers need to pay close attention to this development.

Data Protection and Digital Information

At some point during 2024, the government is expected to pass its Data Protection and Digital Information Bill, which aims to maintain data protection adequacy with the EU while relaxing a few areas that may benefit employers, including a less expansive definition of personal data and a new ability to ignore vexatious or excessive data subject access requests.

Neonatal leave

A new right to neonatal leave is also on the way providing parents with a right to 12 weeks’ leave and pay when their baby requires neonatal care in addition to existing parental leave entitlements. The government has indicated that this will not take effect until April 2025 but it could potentially happen sooner.

Potential new laws that are only at the moment being talked about….

• a statutory right to time off for fertility treatment
• a capping to the length of post-employment non-compete clauses at three months

What about the impact of a Labour victory in 2024 on employment laws?

Headline proposals include:

• a right not to be unfairly dismissed from the first day of employment (scrapping the current two-year qualifying period);
• a move to a simple two-part framework for employment status (abolishing the three categories we have now);
• a ban on zero-hours contracts;
• strengthened trade union rights including a right of entry to workplaces;
• further strengthening of harassment laws; and
• the introduction of ethnicity and disability pay gap reporting.

In summary:

2024 looks set to be a year of significant change to employment legislation. This comes as employers are facing a range of other employment challenges, including:

• enforcing stricter return to office policies,
• managing conflicting viewpoints amid the so-called ‘culture wars’
• trying to stay on top of the developments in AI.

For assistance to create new, or amend existing, policies to reflect the new changes that are coming down the line this year please email nicola.goodridge@goodhr.co.uk or call +44 7917 87838

Allegations relating to sexual harassment have increasingly made the headlines in recent years – McDonalds has received 407 employee complaints since July 2023 and a toxic culture of sexual assaults, harassment, racism and bullying has been revealed. Pizza Hut has also recently been in the news – an employment tribunal ruled that two workers had been sacked for speaking up about being sexually harassed and were compensated as a result.

Legal protection for employees

Under the Equality Act 2010, employees and workers are protected from harassment related to a ‘protected characteristic’ (age, disability, gender reassignment, race, religion or belief, sex or sexual orientation), as well as sexual harassment, which is defined as:

“unwanted conduct of a sexual nature, which has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment”.

Such conduct can include:

• sexual comments or jokes,
• displaying sexually graphic images,
• suggestive looks,
• propositions and sexual advances
• asking intrusive questions about a person’s private or sex life or a person discussing their own sex life.

In addition, a new law aimed at preventing sexual harassment has recently received Royal Assent. The Worker Protection (Amendment of Equality Act 2010) Act 2023 will introduce a new duty on employers to take ‘reasonable steps’ to prevent sexual harassment.

What does this mean for employers?

The new obligation under the new laws means that if an employee succeeds in a claim for sexual harassment and the employer is found to have not taken reasonable steps to have prevented it, an employment tribunal will be able to uplift the compensation by 25%. Importantly, this uplift will apply to all the compensation that has been awarded for any type of harassment as part of the employee’s claim. This therefore has a significant potential impact on the quantum that can be awarded in harassment claims.

It is also important to be aware that whilst the new law does not include the suggested express requirement to prevent third party harassment (from clients or customers or suppliers), employers may still be liable under the existing legislation if they fail to adequately deal with complaints from employees relating to third party harassment.

Key steps for employers

This new legislation, coupled with the damaging revelations from McDonald’s, serves as a stark reminder to businesses of the importance of taking proactive steps to prevent incidents of harassment, discrimination and bullying.

As a starting point, employers should ensure that they have adequate anti-bullying and harassment policies in place which should:

• confirm who is protected,
• define sexual harassment,
• give clear examples of it,
• set out a clear and effective reporting structure for receiving and responding to complaints,
• confirm that disciplinary action will be taken for breaches of the policy, which could include dismissal.

While the final version of the new Act abandoned introducing employer liability for third-party harassment, Equality and Human Rights Commission guidance states that third-party harassment should be addressed in such policies.

Simply having these policies in place, however, will not be enough to protect employees and stave off claims and liability. Employers should be taking proactive steps to mitigate the risks by:

• regularly reviewing and refreshing policies and reporting structures,
• running regular training sessions with employees,
• conducting regular workplace reviews to ensure that the policies are understood and the protective measures in place are effective.

Employers should also assess whether there are any risks that might increase the likelihood of sexual harassment and what steps can be taken to minimise them.

For example, as we are in the lead up to Christmas, employers may be exposed to greater risks at work-related social events due to excessive alcohol consumption. Employers should therefore assess such risks and take steps to address them, for example by limiting alcohol and/or reminding staff of the standards expected of them.

Employers should ensure that any complaints are taken seriously, actioned immediately and, in so far as possible, dealt with confidentially.

What should you be doing now?

Although the law does not change until October 2024, you should take steps now to ensure that you are well placed to show you are taking reasonable steps to prevent sexual harassment. This will also help you to show that you have taken all reasonable steps to prevent harassment of any kind, which is a valuable part of DE&I initiatives as well as helping to defend claims.

Any queries at all, email nicola.goodridge@goodhr.co.uk or call +44 07917 878384

With just under a month to go until Christmas and several weeks left at work to power through, many employers will be turning their attention towards the Christmas party!

The office Christmas party should provide staff with the chance to let their hair down with colleagues and build strong working relationships, and most companies want to reward their staff for their hard work and dedication during the year. However, a festive combination of high spirits and unlimited alcohol can often result in a headache for those employers (or their HR managers) who are tasked with successfully navigating the minefield of workplace Christmas parties.

No-one wants to be a party pooper after all, but if you are an employer or member of your workplace’s HR department, it pays to be prepared for the festive season. Some key areas to be aware of when you start to plan your approach to the Christmas party include:

Behaviour

Some employers shy away at the thought of reiterating company codes of conduct in relation to social events, but you shouldn’t be afraid of setting out clear behaviour guidelines as to what is acceptable on the night itself. Taking the time to remind staff that the Christmas party still constitutes a work-related event and that, as such, the company will therefore be held responsible for any disruptive actions, can help to set the tone of expectations from the start.

It should be made clear that any breach of your usual standards of conduct could result in an employee facing formal disciplinary procedures, or further action depending on the nature of their behaviour.

Alcohol

Most firms are eager to repay hardworking employees with a generous or even free bar allowance at the Christmas party, but with free alcohol being named as a pivotal factor in tribunal cases brought against companies by their employees, it would be wise to exercise a note of caution.

If you are keen to provide a free bar, ensure that you also provide a range of soft drinks that all employees can access, and try to roughly monitor the level of alcohol consumption as the night draws on. Issuing free drinks tokens, with a set number available to each attendee, can also help you to try to keep alcohol consumption under control.

Social media

The growing prevalence of social media means that inappropriate use can be a business issue at any time, but work-related social gatherings can require stricter guidance. Successful management, as with behaviour, comes down to issuing clear guidelines to all staff – if you would rather they didn’t upload photos and videos from the evening to social media, you must explain why, and the potential impact that negative or offensive content could have on the wider business.

Another option that you could consider could be to ask that all employees’ use a specific hashtag when uploading images and footage – that way, you can sense-check what content is being shared, and politely ask that people remove anything that isn’t appropriate. Christmas party season can act as a good time to remind people of your business’s social media policy, or to consider drawing one up if you do not already have guidelines in place.

Entertainment

If you have decided to hold your event externally, or you have bought tickets for a themed Christmas party that accommodates other companies, consider the type of entertainment that will be provided on the night. Is the running order of the evening suitable for all staff? Is there something included that everyone will enjoy in some capacity?

For example, a casino-themed evening is likely to have a heavy reliance on gambling for entertainment – great if your employees are up for roulette and blackjack, but it could be seen as isolating for anyone whose religion bans the practice, or even for those who may have family members negatively affected by gambling.

Consider your audience carefully when weighing up entertainment options for your Christmas party!

Absence management

This topic rears its head every year, but absences do tend to spike during the Christmas period for many businesses. To try and avoid any unnecessary absences, some companies opt to hold their Christmas party on a Friday – often at extra cost to the business, but this can pay for itself in terms of allowing employees’ two days in which to ‘recover’ before their attendance in the office is again required.

If your party does happen to fall on a weekday, you must make all staff aware of what is expected from them the following day – could you consider a later start in the morning, or perhaps an earlier finish time? Could you consider staggering working hours across teams? Ultimately, if you lay out exactly what you expect from people regarding the following working day, you are far more likely to avoid late night and alcohol-related absences.

Top six tips to ensure a successful Christmas party:

• provide clear guidance on the standard of behaviour expected – ensure that staff understand that the Christmas party is still a professional event
• send reminders advising people to make arrangements for travelling home – could you pre-book taxis from the venue for staff?
• ensure that a range of refreshments, including soft drinks, are provided in order to cater to everyone.
• reiterate guidelines around social media – make staff aware of what they can and cannot post.
• consider inclusivity and discrimination when planning entertainment for the evening.
• make it clear that attendance is not compulsory – respect that people may have religious beliefs or prior plans that mean they cannot commit to attending.

For any advice please email nicola.goodridge@goodhr.co.uk or call +44 7917 878384

The Bullying and Respect at Work Bill proposes legislation that would introduce a statutory definition of bullying, to enable claims related to workplace bullying to be considered at an employment tribunal.

It would also bring in a new respect-at-work code which will set minimum standards for respectful work environments.

Formal mechanisms for reporting and investigating bullying at work would be introduced and the Equality and Human Rights Commission would be given powers to investigate claims of bullying cultures and to take enforcement action if appropriate.

What is bullying?

“Bullying” is defined by ACAS as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the person being bullied”.

The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient.

How may bullying take place?

Bullying in the workplace could be in person, or online, and can include the following:

• name calling – whether you are receiving abusive messages on an internal system or being called out in the office, having someone call you names is unpleasant and demoralising.
• ignoring, isolating or excluding – deliberately ignoring someone, or excluding them from relevant meetings, are ways of intentionally making someone feel isolated.
• belittling – equally, if someone contributes only to be made fun of or have their opinions discounted as bad or false, it can be considered bullying. This kind of undue criticism is unnecessary, as any good manager should be able to provide feedback in a constructive way.
• scapegoating – someone might think it gets them off the hook, but blaming others for mistakes is a sign of something much worse – that you are willing to bully.
• manipulation of roles – making threats about job security or purposefully blocking someone’s progress at work, by removing their responsibilities without good reason, is a misuse of power.
• setting you up to fail – being set unachievable tasks or targets, designed to see an individual fail, is an example of workplace bullying.
• spreading rumours – this kind of playground behaviour can have a huge impact on the general well-being of the victim.
• giving meaningless tasks – everyone has to take their turn to make a round of hot drinks, but if you keep getting set all the worst jobs, it could be a sign of bullying.
• aggressive behaviour – any form of aggressive behaviour, such as shouting or intrusion of personal space, is unacceptable. Employees shouldn’t feel scared in the workplace, even if they have made a mistake.

How common is bullying in the workplace?

• almost six in 10 people have witnessed or suffered bullying in the workplace
• 37% have been bullied themselves
• out of 2,000 people, most people had witnessed bullying but only 48% did anything about it
• 68% said the behaviour was ‘subtle’, such as leaving colleagues out
• one in 20 said they had witnessed physical violence between workmates
• shouting, shoving, intimidation and threatening behaviour were all reported

How to ensure your workplace is enjoyable?

There is much more to workplace satisfaction than a good salary. The following factors can be influential in whether people like coming to work or not:

• a reasonable attitude to working hours. Most people understand overtime will be a necessity from time to time, but if a company applies so much pressure on their employees that they feel they must regularly put in long hours to keep up, it will not foster a happy workforce.
• supportive colleagues. You can end up seeing your colleagues more often than some friends and family; it’s essential you get along with those you work alongside. A hostile work environment with backstabbing and finger-pointing is a stressful place to be. Instead, you want to be surrounded by those who share your goals and are willing to work together to achieve them and share in the success.
• transparent communication. Openness is key when it comes to communication in the workplace. Employees should feel like there are ways for them to express themselves comfortably and should know their opinions are valued. Equally, when companies are transparent with their employees, job satisfaction tends to improve.
• focus on training and development. Organisations that provide clear roadmaps of how an individual can progress and develop will sustain fulfilment levels. Everyone likes to know there is room for them to grow, as well as feeling their employer believes in them and provides the necessary tools for progression.
• recognition for hard work. No one will deny they enjoy being recognised for their good work. Whether it is in the form of rewards or simple compliments, getting this feedback spurs you on. If employers don’t recognise hard work, then over time people will lose all incentive to go the extra mile.

At work, by taking some thoughtful actions, you can make a huge difference to the daily lives of your colleagues.

What are the solutions?

Apart from doing your best to ensure that your workplace is in line with the suggestions above for an enjoyable and inclusive workplace, if bullying behaviour does arise then the following should be suggested to your affected employee after they have reported it to you:

• keep a written record or diary of all bullying incidents, including past incidents – no matter how small they appear;
• see if they can speak to the bully or harasser: they may not have realised how distressing their actions are;
• speak to their line manager or the HR person within your organisation – they will be best placed to advise you on next steps.

In summary

Having a zero-tolerance policy towards bullying ensures that employees feel safe and have the confidence to be happy and work productively in their jobs. It also shows that all managers/supervisors/employees are on the same level and regardless of their position it will not be tolerated. Simply stating that your organisation has a zero-tolerance to bullying is not enough – everyone, from the top to the bottom of the organisation, needs to walk that talk.

For any advice email nicola.goodridge@goodhr.co.uk or call +44 7917 878384

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