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29 04 2024

Why Your Business Needs Employment Contracts. | Consensus HR in Herts, Beds

Matthew Chilcott Blog, Employment Contracts, General #bedfordshirebusinesses, #consensushr, #em;, #employeecontracts, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

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Can your business spare £25,000?

This is the amount it could cost for not providing an Employment Contract to an employee. If the individual involved decides to go to a High Court instead of an employment tribunal, the cost could reach £50,000.

Are you at risk of a hefty penalty?

The Consensus HR team often provides HR Health Checks and employment law advice regarding our clients’ HR provision. One of the most common questions raised by employers is: ‘Why do we need Employee Contracts?’

Business owners/managers also query the benefits to the business. This is usually due to concern about investing time and funds in creating Employee Contracts.

Why Your Business Needs Employment Contracts. | Consensus HR in Herts, Beds

Why a business should provide Employment Contracts

An Employment Contract ensures that everyone is fully aware of:

the main terms within the business, and
the main terms of their employment.

It includes details such as:

Name of employer and employee
Pay and whether it’s weekly, monthly pay etc.
Job description/job title
Pensions and pension schemes
Date employment and continuous employment started
Working hours
Details of any collective agreements that directly affect the employee’s conditions of employment.
Disciplinary and grievance procedures following the Acas Code of Practice.
Job location
Holiday entitlement
Sick leave and pay entitlements
Appeals procedure under the Discipline & Grievance.

The risks of not providing Employment Contracts

It is a legal requirement for businesses to provide employees with a written statement of the terms and conditions of their employment (their Employment Contract), on their first day of employment. If this is not in place, you could be taken to an employment tribunal and fined between two and four weeks’ pay. This also tarnishes your reputation as an employer, impacting potential staff recruitment and retention.

More importantly, written terms of employment offer some protection (for you and your employees) should there be disagreement about what was agreed. ‘These disagreements could result in a breach of contract claim, with a potential penalty of up to 25,000 at an employment tribunal or up to £50,000 at the High Court,’ explains Matthew Chilcott of Consensus HR. ‘It’s definitely not worth taking any risks.’

He adds: ‘When we write an Employment Contract, we ensure all required details are included. We look beyond the essential items to check what other terms may be relevant and helpful to your business. Items such as ‘deductions from wages’ are often overlooked, for example. This is needed when an employee leaves the business, is working within a probation period or has compassionate leave, to name a few scenarios.’

Are you worried about your current Employment Contract?

Would you like reassurance that your business is fully compliant and working to best practice?

Talk to the friendly team at Consensus HR. Contact us now on 01438 576750 or alternatively complete our Contact Form.

To view more about our range of HR & Employment Law Services

At Consensus HR, we are proud to offer a wide range of HR & Employment Law services to help our clients with all areas of best practice and Employment Law which can be found by clicking on the button:

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Are you concerned about keeping your business up to date with Employment Law changes?

At Consensus HR, we ensure that our clients do not make assumptions when it comes to the performance / abilities of team members and that if identified, we seek the member of teams consent to write to a relevant medical professional to obtain support and advice and any reasonable adjustments needed to ensure what is possible is provided. If you manage a team / business and find it hard to keep on top of changing Employment Law and best practice and wish you could outsource it to a HR Charity for a small monthly investment, give us a call now for a non-obligatory conversation. Consensus HR | Your Outsourced Human Resources and Employment Law Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems – 01438 576750.

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Retail union calls on Low Pay Commission to be ambitious on minimum wage rates | Consensus HR in Herts & Beds

24 04 2024

Low Pay Commission starts work on recommendation for 2025 minimum wage | Consensus HR in Herts, Beds

Matthew Chilcott Blog, General, Payrol #2025, #consensus hr, #consensushr, #hertfordshirebusinesses, #minimumwage, #outsourcedemploymentlaw, #outsourcedhumanresources, #outsourcing, #PWC #outsourcedHR, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

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The Low Pay Commission (LPC), the independent body which advises the Government on the levels of the National Minimum Wage (NMW), including the National Living Wage (NLW), has launched a call for evidence to inform its advice to the Government on the minimum wage in 2025 and beyond.

With full details available on the GOV.UK website, it is seeking input to shape the recommendations which it will make to the Government this autumn, on minimum wage rates to apply from April next year.

The deadline for submitting evidence is 7 June 2024.

The Department for Business and Trade (DBT) has published a new remit for the LPC which can be found here.

This asks the Commission to recommend an NLW rate for April 2025 “to maintain the bite at two-thirds of median earnings and protect progress made to end low hourly pay for this group, without recommending any further revisions to the age threshold”.

The LPC estimates that the rate required to meet this aim is within the range of £11.61 and £12.18, with a central estimate of £11.89.

The Government also asks the LPC to monitor and evaluate the levels of each of the different NMW rates (under-18 and 18–20 age groups and apprentice rate) and make recommendations on the increases it believes should apply from April 2025, such that the rates are set as high as possible without damaging the employment prospects of each group.

The TUC has criticised the Government for its decision to “tie the hands” of the LPC.

General Secretary, Paul Nowak, said: “Keeping the minimum wage at two-thirds of median earnings will deliver a paltry increase of just 15 pence next year — based on the latest forecasts. Ministers should be instructing the LPC to aim for 75% of median pay. This would help deliver a £15 an hour minimum wage and make work pay for millions.”

Low Pay Commission starts work on recommendation for 2025 minimum wage | Consensus HR in Herts, Beds

Our HR comment:

Our HR Comment / Advice – Low Pay Commission starts work on recommendation for 2025 minimum wage | Consensus HR in Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “With the most recent pay rate increases happening at the beginning of this month with on average £1 per hour extra, it is interesting to see that that the low pay commission are starting to work on the rates for 2025. This article from HR inform gives some useful links to Government websites where further information can be found. We have written a number of previous blogs on minimum wage which can be found by clicking on the relevant title below:

Do you need help with your HR and Employment Law?

If you find it hard to keep on top of HR and Employment Law changes and manage a team, give us a call / email now to talk about how we can help you Prevent People Problems. Consensus HR | Your Outsourced Human Resources & Employment Law Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems.” – 01438 576750.

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Are you concerned about keeping your business up to date with Employment Law changes?

23 04 2024

TUC calls for AI to be regulated in the workplace – Consensus HR in Herts, Beds

Matthew Chilcott Blog, General #AI, #artificialintelligence, #bedfordshirebusinesses, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

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The TUC has warned that Britain is failing to keep up with the regulation of AI in the workplace, leaving workers vulnerable to exploitation and discrimination. It has proposed a legal blueprint for regulating AI, including a legal duty for employers to consult trade unions on the use of high-risk and intrusive forms of the technology. Other countries such as the US, China, and Canada are already implementing new laws for the use of AI. TUC assistant general secretary Kate Bell said: “UK employment law is simply failing to keep pace with the rapid speed of technological change. We are losing the race to regulate AI in the workplace. AI is already making life-changing calls in the workplace, including how people are hired, performance managed and fired. We urgently need to put new guardrails in place to protect workers from exploitation and discrimination. This should be a national priority. Other countries are regulating workplace AI – so that staff and employers know where they stand. The UK can’t afford to drag its feet and become an international outlier.”

Financial Times

London Evening Standard

The Independent

Our HR Comment / Advice: TUC calls for AI to be regulated in the workplace – Consensus HR in Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “AI seems to have been a very hot topic within the business world for quite some time now, with many variations out there in the IT world. I have spoken to a few business colleagues about its use, and some are keen users and others, not so and prefer to stick with human marketeers as we do, whilst also writing it ourselves. This article reported in a few media channels and in relation to the TUC – Trade Union Congress makes an interesting point. Our Chartered Institute Of Personnel & Development (CIPD) have written a Policy in relation to AI and Chat GPT outlining Risks, Use and Confidential or Sensitive information and we are sure that this just the start as AI may become used more.”

Some of our previous blogs written on the subject:

Are your companies HR Policies & Procedures up to date?

If you run a business and wish to ensure that your company / team are always working to best practice and up to date Employment Law whilst having the correct user-friendly tools / advice at hand, give us a call or email today. Consensus HR | Your Outsourced Human Resources & Employment Law Department. | “Helping companies take the pain out of managing people, whilst Preventing People Problems.” – 01438 576750

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Are you concerned about keeping your business up to date with Employment Law changes?

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22 04 2024

Top Five HR Tips | Consensus HR in Herts, Beds

Matthew Chilcott Blog, General #bedfordshirebusinesses, #consensushr, #hertfordshirebusinesses, #hrtips, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourced hr, outsourcedHR, Small Business, SME, SME's, stevenage

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People are a vital and volatile asset for any business. Effective HR saves time and offers business owners flexibility. These ‘must do’ tips will help keep your team working efficiently and harmoniously.

Know Your Team

It’s crucial that you know who is fully engaged with your business and its direction – and who isn’t. Recent Gallup information showed that only 32% of full and part-time employees working for organisation are engaged, whilst 18% are actively disengaged. Active disengagement increased by two percentage points from 2021 and four points form 202. Can your business afford to lose these extra days? (Gallup 25-01-23)

Top tip: Listen to and involve all team members so that everyone feels a key part of your business, promoting commitment and flexibility.

2. Manage Unique Individuals

Acknowledge and support team members’ skills, style and requirements to get the most from each individual. Everyone is unique! If you have employees, you need a Performance Management system (Appraisal), which will capture business and personal goals. Matthew from Consensus HR explains: “Performance management involves regular conversations and meetings with your team. It will help you to highlight who is going the extra mile to make the business a success and who shirking responsibility.”

Top tip: Include SMART goal setting within your Appraisals, (Specific, Measurable, Achievable, Realistic & Time based).

3. Get the Right Talent in the Right Place

Research shows that on average the cost for recruiting an employee in the UK can be up to £8,000. It is therefore vital that your recruit the right person for the role. “Too many business owners recruit people based upon first impressions, on their gut feel,” explains Matthew Pinto-Chilcott. “When recruiting you need to look at the Job Description and identify what skills & competencies are required for the ideal candidate.”

Top tip: Create a thorough Job Description

Top tip: Avoid rash or personal recruitment decisions

4. Avoid Chinese Whispers

Chinese whispers are common in business; you must communicate effectively. Remember that some people like to listen and others prefer to read. Ask your team how they would like to be communicated with. Then, put in place the best solution and manage it going forward.

Top tip: Check! Make sure that employees have understood what you’ve communicated.

5. Know Where You Are!

Your workforce is one of your key business assets. It needs to be managed correctly. Do you know who is your worst offender for sickness absence? How are you managing this? Nearly 150 million days were lost to sickness or injury overall in 2021: an average of 4.6 days per person. Measuring your business’ HR performance gives an essential understanding of where you are. Only then can you realistically decide where you want to be. Plus – simple key measures make HR processes such as performance management or redundancy far more effective and save valuable time.

Top tip: Set Key Performance Indicators (KPIs) for your HR function

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Top Five HR Tips | Consensus HR in Herts, Beds

17 04 2024

Philip v Working Partners Limited & Harpercollins Publishers LLC – Status

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusinesses, #consensushr, #employmentlaw, #hertfordshirebusinesses, bedford, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Latest blog: Case Law.

Summary:

The presence of some degree of control and the requirement for personal service does not automatically mean the relationship is an employment one, nor is it always indicative of worker or employee status.

Note for employers:

This case helps to add clarity to the legal position of non-traditional employment relationships that have become increasingly common. Due to the nature of the work to be undertaken, in creative industries such as publishing there will be some more unorthodox arrangements that do not fit the usual mould of a non-employment relationship. In such cases it is especially important to appreciate that each case is unique on its own facts. Tools such as control are just that; tools to help the ET to determine the overall nature of the relationship, and the presence or absence of this alone is not conclusive either way.

Philip v Working Partners Limited & Harpercollins Publishers LLC - Status

LAW:

The law on unfair dismissal is found in section 98 Employment Rights Act 1996. Under this section, the dismissal must be for a fair reason (which includes conduct). The dismissal must also be conducted in a reasonable manner, dependent on the size and resources of the organisation. Failure on either of those points could render the dismissal unfair.

British Home Stores Limited v Burchell [1978] set out a now well-known test to be applied when determining if the dismissal was conducted in a reasonable way. The test:

Did the respondent have a genuine belief in the misconduct of the claimant at the time of the dismissal?
Was that belief based upon reasonable grounds?
Did the dismissal follow a reasonable investigation and a reasonable procedure?

The “Burchell test” is used by ETs to come to a decision on what a hypothetical reasonable employer would conclude in the same circumstances, and therefore if the decision to dismiss was fair and reasonable under section 98 of the above act.

Facts:

The claimant had worked for the respondent for around 20 years. After working a night shift, the claimant did some personal shopping which included buying food, pillows, and bedding. The claimant used the self-checkout which presented them with a screen asking how many reusable ‘bags for life’ they were using for their shopping. They selected ‘0’ when prompted, even though they are a chargeable item. The claimant then proceeded to take make more than one trip away from the checkout to fetch these bags, without updating the checkout.

An investigation meeting took place at which the claimant was shown the CCTV footage. The claimant was then invited to a disciplinary hearing and pre-warned that the outcome could be dismissal. The CCTV footage was reviewed again with the claimant in this hearing. The claimant denied that they took the bags without paying on purpose. In mitigation they said that stress, tiredness, and a language barrier had contributed to the error.

The respondent, however, concluded that the claimant had not acted in error but instead they had been dishonest and deliberately not paid for the bags. The claimant could be seen on the CCTV going backwards and forwards to collect the bags because they needed something to put the bulky items in. They could also be seen selecting the ‘no bag’ option at the self-checkout, even though it was apparent from the CCTV that they had purchased a number of bulky items that they would not be able to carry from the shop without bags. They were also seen carefully reviewing the receipt as they were walking out.

The respondent concluded that they could no longer trust the claimant, even though the bags did not cost as must as the shopping, so dismissed them for gross misconduct. The claimant appealed but the original outcome was upheld because the appeal officer agreed that the failure to pay for the bags was not a mistake.

The claimant brought a claim for unfair dismissal arguing that the decision fell outside the range of reasonable responses, that not enough weight was given to the mitigation, and that the investigation and appeal were procedurally unfair.

EMPLOYMENT TRIBUNAL (ET):

Note that as an employment tribunal case, this is not binding authority. ET cases may be persuasive on other tribunal decisions, but unlike those courts higher in the system (EAT, CoA, Supreme Court), they do not have to be followed by other courts and therefore the outcome is only indicative of how a similar case might be treated.

Before the ET, the claimant accepted that the respondent had a zero tolerance approach to theft from the workplace. However, they maintained that it was not their intention to steal the bags, but they made an error due to tiredness and they were not aware of what they were doing.

The ET found that the respondent genuinely believed that the claimant was guilty of the misconduct of which they were accused, and that that act constituted theft. It held that a reasonable and proportionate investigation had been carried out and the claimant was given every opportunity to respond to the allegations. The respondent was entitled, the ET held, to find that the claimant had committed an act of misconduct, even though the ‘bags for life’ had a low monetary value.

On the basis that a fair procedure was carried out by the respondent as well as an adequate investigation, disciplinary hearing and appeal, the ET dismissed the claim and found for the respondent. Central to this finding was that the respondent sought to understand why the claimant acted as they did, by providing the claimant with every opportunity to explain. The dismissal, the ET concluded, was therefore within the band of reasonable responses and fair.

Accordingly, the ET held that the dismissal was procedurally and substantively fair, so the claimant lost their claim.

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16 04 2024

Stress Awareness Month | Consensus HR in Herts, Beds

Matthew Chilcott Blog, General, Health & Safety #bedfordshirebusiness, #consensus hr, #consensushr, #Health&Safety, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, #stress, #stressatwork, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Latest blog: Stress Awareness Month: NEBOSH and CIPD join HSE’s Working Minds campaign

Further to our blog written earlier this month, the Health & Safety Executive (HSE) have published an excellent article which can be seen below with a range of useful tools for business owners to ensure they and their teams are working to current Health & Safety Law / best practice. Our Chartered Institute of Personnel & Development (CIPD) which we are fully accredited to, have also recently become partners as outlined below:

April is stress awareness month and HSE is urging employers to prevent and reduce stress in their workplace.

HSE’s Working Minds campaign brings together a range of tools and support to help businesses. These include:

free online learning
talking toolkits
risk assessment templates and examples

Stress Awareness Month | Consensus HR in Herts, Beds

The Chartered Institute of Personnnel and Development (CIPD) and The National Examination Board in Occupational Safety and Health (NEBOSH) are the latest organisations to join as campaign partners, taking the total number of supporters to more than 30.

HSE and NEBOSH have also jointly developed the NEBOSH HSE Certificate in Managing Stress at Work. This one-day qualification is aimed at helping you and your organisation identify and reduce workplace stressors in order to create a positive, healthier workplace.

To view more about our range of HR, Employment Law & Health & Safety Services.

At Consensus HR, we are proud to offer a wide range of HR, Employment Law & Health & Safety services to help our clients with all areas of best practice and Employment Law which can be found by clicking on the button:

Click Here

Are you concerned about keeping your business up to date with Health & Safety changes?

At Consensus HR, we ensure that our clients do not make assumptions when it comes to Health & Safety and through working with our partner, provide a fulll range of Health & Safety for our clients. If you manage a team / business and find it hard to keep on top of Health & Safety and best practice and wish you could outsource it to a HR Charity for a small monthly investment, give us a call now for a non-obligatory conversation. Consensus HR | Your Outsourced Human Resources and Employment Law Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems – 01438 576750.

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15 04 2024

When Workplace Banter Becomes Bullying | Consensus HR in Herts, Beds

Matthew Chilcott Blog, Employment Law, General, Health & Safety #bedfordshirebusinesses, #bullying, #consensus hr, #consensushr, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

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Workplace bullying disguised as banter has affected 32% of people in the UK. This is a worrying fact arising from research by law firm Irwin Mitchell, 2023.

Words that one person finds funny can cause offence to someone else. Workplace banter is a sensitive area that’s involved with an increasing number of employment tribunal cases. In 2022, 66 claims were made, including comments which could be considered bullying or harassment.

Employers must take this seriously. In 2023, an employment tribunal heard from Miss Hunter who was employed by Lidl from 5 February 2019 to 23 August 2021.

Just because an employee has a protected characteristic, this doesn’t mean that everything that happens to them in the workplace is because of that characteristic.

When Workplace Banter Becomes Bullying | Consensus HR in Herts, Beds

Miss Hunter brought claims for direct sex discrimination, harassment, equal pay, constructive unfair dismissal and unlawful deduction of wages. She claimed that a colleague:

initiated conversations in an attempt to discuss her love/sex life,
regularly touched on the bum, thighs, waist, and
frequently attempted to hug her.

This was despite making it clear that this was unwanted attention and should stop. The behaviour only stopped because another colleague witnessed this and told the person to stop.

In addition to receiving this harassment, Miss Hunter was placed on the wrong salary band when promoted to a shift manager role on 1 August 2020. This meant she received lower earnings than two male shift manager colleagues. Also, her pay was automatically deducted although she did take the (unpaid) breaks she was entitled to.

The Employment Tribunal found in Miss Hunter’s favour awarding her £50,884, inclusive of £22,000 award for injury to feelings.

Other recent Employment Tribunal cases include:

A manager being called a homophobic name.
An Indian employee being called a “cheeky monkey” during a round of golf.
A female employee being called “menopausal” and a “dinosaur”.
An insinuation that an employee must be gay because they don’t like football.

In each case, banter was used unsuccessfully as a defence (HR Magazine).

‘Banter is often used as an excuse to cover up poor attitudes and behaviours,’ says Matthew Chilcott of Consensus HR. ‘What may seem like harmless fun may cause upset. Ultimately, if you had to explain the comment and humour involved, would it seem fair and innocent?’

If it is proven that one of the protected characteristics is discriminated against, compensation awards can be:

an unlimited amount, and
applied from the person’s first day of employment with the company involved.

When is workplace banter ok?

Lawyers GQ|Littler explain that there are circumstances when “banter’ can be used as a justification. These are when:

the conduct wasn’t unwanted, i.e. if the employee also engaged in similar behaviour and jokes,
the behaviour was not connected to a protected characteristic (see above), and
the employee wasn’t offended by the conduct, or it wasn’t reasonable for them to have been offended.

‘Employers should introduce clear policies, communication and staff training to ensure their workplace offers respect and equality for all employees,’ explains Matthew. ‘This doesn’t mean the end of workplace humour though! People should just avoid jokes that may cause offence, especially those relating to protected characteristics.’

Consensus HR offers a range of services to ensure your company complies with employment law and offers robust, fair HR policies. To find out more and ensure you are a fair, inclusive employer, arrange an initial chat with Matthew, without obligation or HR jargon.

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10 04 2024

Butt v Airedale NHS Foundation Trust | Consensus HR | Herts Beds, UK

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusinesses, #caselaw, #hertfordshirebusinesses, Business, Business Owners, employment law, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Latest blog – Case Law:

Summary:

Just because an employee has a protected characteristic, this doesn’t mean that everything that happens to them in the workplace is because of that characteristic.

Butt v Airedale NHS Foundation Trust | Consensus HR | Herts Beds, UK

Facts:

The claimant was employed as an ophthalmic surgeon by the respondent. As part of the respondent’s mandatory infection prevention and control policy, all staff entering or working within clinical areas and/or providing direct patient care are required to be bare below the elbows. The policy also states that it recognises the specific needs of staff on cultural, religious or disability grounds and that disposable sleeves are available. Under this policy, staff are also required to have short nails.

The claimant was supervising a junior colleague and left the operating theatre to use their mobile phone. In doing so, they walked through an anaesthetic room and into a corridor from which a number of operating theatres are accessible. As they were walking, they rolled their sleeves down. As a Muslim, the claimant wore a hijab which left only their face, hands and feet visible whilst in public.

Once in the corridor, the claimant encountered the respondent’s Divisional Director of Nursing for Surgery and Diagnostics, who asked the claimant why their sleeves were not rolled up. It was also noticed that the claimant’s nails were in contravention of the above policy. The claimant alleged that at this point the director began shouting, despite the fact that they had, according to the claimant, explained that it was because they were now in the corridor and they did not consider that part of a clinical area. On the director’s part, they felt that it was and therefore the policy should apply.

By all accounts, the altercation became heated although witnesses to the event and the claimant disagree on what actually happened. The evidence suggests there was significant disagreement on this matter. As a result of this altercation, the claimant left work early as they were so upset by what had happened.

The claimant later raised a formal complaint that the behaviour of the director was racially motivated, and that they had been racially profiled and bullied. This was investigated by the NHS Trust and not upheld – it was found that the request was made to ensure adherence to hospital policy, and not racially motivated. It was however acknowledged that the situation escalated and that this was disappointing.

The claimant brought claims for direct discrimination and harassment on the grounds of religion or belief.

Note for employers

This case is a reminder to employers that not everything that happens to a person with a particular protected characteristic (in this case, religion) will be because of that characteristic. Instead, a thorough examination needs to take place of the circumstances of the case. Where there is a genuine reason for the behaviour in question that doesn’t relate to the protected characteristic – in this case, it was to ensure the employer’s policies were adhered to – it is not an act of discrimination or harassment, even if the individual who has the protected characteristic is upset by the behaviour.

Law:

Under the Equality Act 2010, direct discrimination is prohibited on various protected grounds, including religion. Direct discrimination happens when “A treats B less favourably than A treats or would treat others”.

When an ET is asked to consider a question of direct discrimination there are three questions it must ask itself:

Was there less favourable treatment?
Would a comparator without the protected characteristic have been treated the same in circumstances that were not materially different; and
Was the treatment ‘because of’ a protected characteristic?

Harassment is defined in section 26 of the Equality Act 2010, and it arises where unwanted conduct takes places that has the purpose or effect of violating B’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for B. When deciding if this has happened, the ET must consider:

Was the conduct complained of unwanted?
Was it related to religion; and
Did it have the purpose or effect outlined in section 26?

Employment Tribunal (ET):

In their evidence, the director admitted that they may have unconscious bias against Muslims. The claimant argued that therefore of this admission, and the fact the director knew the claimant was a Muslim, this should lead the ET to conclude that the their treatment was related to religion.

In response to this point, the ET commended the director’s honesty. Everyone has unconscious biases, the ET went on, and where potential unconscious biases are not recognised or it is not willingly acknowledged that they might be present, it is more likely that they will influence decisions and actions. Instead, the ET found that what drove the director to speak to the claimant on the day in question was because they genuinely believed that the claimant was in breach of the respondent’s policies, and that this escalated because of the claimant’s reaction.

The ET found that as the director had challenged others on this same point, the claimant was not singled out because of religion. This was because (according to the ET) “not everything that happens in the workplace to a Muslim worker will be related to religion”. This finding was supported by the fact the claimant admitted that religion was not discussed during the altercation, nor was it given as a reason for the claimant to have their sleeves down – on the day, the claimant said that it was because they believed they were in a non-clinical area of the hospital.

Overall, whilst the ET held that both parties did not handle the altercation well, the reason for the director’s behaviour was because they wanted the claimant to comply with the policy. Therefore, it could be neither harassment nor direct discrimination, as the treatment was not ‘because of’ the claimant’s religion. The claimant, therefore, lost all their claims.

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09 04 2024

Deutsche Bank to provide menopause pods in London office | Consensus HR | Herts, Beds, UK

Matthew Chilcott Blog, Employment Law, General, Health & Safety, Training & Development #bedfordshirebusinesses, #consensus hr, #consensushr, #employmentlaw, #hertfordshirebusinesses, #outsourcedhumanresources, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, menopause, outsourcedHR, Small Business, SME, SME's, stevenage

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Deutsche Bank to provide menopause pods in London office | Consensus HR | Herts, Beds, UK

Deutsche Bank is set to introduce “reset and recovery pods” in its new London office to support menopausal women. The private booths will feature reclinable chairs and temperature controls to help alleviate symptoms such as hot flushes and migraines. The pods are part of Deutsche Bank’s new wellness suite, which will also include physiotherapy facilities, GP clinics, a mindfulness space, and a multifaith prayer room. The move comes after London headquartered law firm Shoosmiths announced plans to introduce similar “wellness rooms” for menopausal women in its offices. The rooms, which were first introduced in Shoosmiths’ Birmingham office, feature temperature controls, light boxes, and beds for employees to lie down. The introduction of these spaces follows new guidance from the UK’s Equality and Human Rights Commission, which states that menopause symptoms can be considered a disability in the workplace. Employers could face legal action if they do not make reasonable adjustments to support menopausal women.

Daily Telegraph

Our HR comment:

Deutsche Bank to provide menopause pods in London office | Consensus HR | Herts, Beds, UK

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is a subject we have written many blogs on in the past and is interesting to see how this employer is supporting wellness for its team in the workplace. Some of our previous blogs can be seen here:”

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08 04 2024

April is Stress Awareness Month: tackle stress in the workplace with five steps in five weeks | Consensus HR | Herts, Beds, UK

Matthew Chilcott Blog, General, Health & Safety #bedfordshirebusiness, #bedfordshirebusinesses, #consensus hr, #consensushr, #outsourcedemploymentlaw, #outsourcedhumanresources, #stress, #stressatwork, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Did you know? April is Stress Awareness Month:

This April, Britain’s bosses are being invited to follow five simple steps to prevent and reduce stress in their workplace.

The Health and Safety Executive’s (HSE) Working Minds campaign has called on employers to support workers mental health during Stress Awareness Month.

Liz Goodwill, head of the work-related stress and mental health policy team at HSE, said: “We are inviting business owners, employers and managers to join others across Britain to make a difference during Stress Awareness Month in five steps.”

Over the course of the month, employers are encouraged to focus on one of the campaign’s 5 Rs for each of the five weeks.

April is Stress Awareness Month: tackle stress in the workplace with five steps in five weeks | Consensus HR | Herts, Beds, UK

They are:

to Reachout and have conversations,
Recognise the signs and causes of stress,
Respond to any risks you’ve identified,
Reflect on actions you’ve agreed and taken,
make it Routine.

Preventing work-related stress isn’t just the right thing to do by workers, it’s the law. All employers are required to prevent work related stress to support good mental health in the workplace.

The Working Minds campaign brings together a range of tools and support to help businesses and workers including free online learning, Talking Toolkits, risk assessment templates and examples.

Liz added: “Failing to manage work-related stress can cost employers in reduced productivity, sickness absence costs, or even losing a valued member of the team. Employers are required to assess the risk of work-related stress impacting their workers, and act on the risks identified.

“As well as guiding you step by step, we provide all the practical templates, tools and resources you need to get started or, you can use it as an opportunity to review what you already do. A huge part of this is making it part of your everyday working life, not just a one-off tick box that gets forgotten about.”

The CIPD, the professional body for HR and people development, and The National Examination Board in Occupational Safety and Health (NEBOSH) are the latest organisations to join as campaign partners, taking the total supporters to more than 30.

Rachel Suff, senior policy advisor, employee relations at the CIPD, says: “Many organisations are reactive and tend to put more emphasis on providing support when people become ill rather than on prevention, including for mental ill health and stress. We need both! We want to see every organisation taking a proactive approach to employee wellbeing. We’re supporting the Working Minds campaign to help employers to create the working conditions and environment that prevents stress and supports good mental health. That also means designing jobs with realistic workloads and targets, and encouraging people to have a healthy work-life balance.”

There are six main areas that can lead to work-related stress if they are not managed properly. These are: demands, control, support, relationships, role and change. Factors like skills and experience, age, or disability may all affect someone’s ability to cope.

Matt Powell-Howard, Head of Product Development at NEBOSH, said: “I’m really pleased that NEBOSH is supporting the Working Minds campaign as we are committed to promoting good mental health and preventing work-related stress. We were delighted to have also collaborated with HSE on the development of the NEBOSH HSE Certificate in Managing Stress at Work qualification, which is designed to help business meet their legal obligations in this area.”

If you are an employer looking for support, a good place to start is to register for free bitesize learning. https://workright.campaign.gov.uk/working-minds-learning/

HSE – 4-04-24

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05 04 2024

New legislation on flexible working becomes law tomorrow – 6th April 2024 |Consensus HR | Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General #bedfordshirebusinesses, #consensushr, #flexibleworking, #hertfordshirebusinesses, #networkinbeds, #outsourcedemploymentlaw, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Did you know? The Right to request Flexible Working, starts tomorrow.

New legislation comes into force tomorrow (April 6th) that is designed to encourage more discussion about the possibility of flexible working between employers and their respective employees. Under the terms of the new Flexible Working bill, staff can request flexible arrangements from their very first day on the job – and research conducted among 1,000 UK desk workers by AI-powered platform for work, Slack, indicates that more than half (55%) of the UK workforce will request flexible working hours when the new laws come into effect. Businesses are being advised to prepare themselves for an influx of requests. Chris Mills, Global Head of Customer Success at Slack, said: “The way we work, and employees’ expectations about work, have fundamentally changed over the past few years and flexibility is a key part of that. The research shows it’s an important consideration for people today, and the Flexible Working Bill has brought it back into focus for employees and management.”

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Our HR Comment: New legislation on flexible working becomes law tomorrow – 6^th April 2024 |Consensus HR | Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “The long discussed change to Flexible Working starts tomorrow, Saturday 6^th April 2024 and as indicated in this article from a number of media channels it is anticipated that a large number of employees are going to put in their request, to work flexibly. Employers need to ensure that they have read their companies Flexible Working Policy and that their teams are fully aware of the changes and what is expected by the employer should anybody wish to exercise their right to request a change. As discussed, changes include the right to request from day one of employment, able to request twice a year and changes to the way members of the team apply. Business Owners / Managers need to ensure that when they receive a request that it is managed correctly, fairly and reasonably and to best practice and the law.”

If in doubt, give us a shout!

New legislation on flexible working becomes law tomorrow – 6th April 2024 |Consensus HR | Herts, Beds

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If you run a business or are a manager and are concerned that you cannot keep up with the current / planned Employment Law changes for your team, give us a call / email now for a non-obligatory chat. Consensus HR | Your Outsourced Human Resources & Employment Law Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems.”

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If your business always wishes that it works in all areas to the benefit of the team and company and as an employer of choice, give us a call or email now for a non-obligatory chat. Consensus HR | Your Outsourced Human Resources and Employment Law Department | “Helping companies take the pain out of managing people whilst Preventing People Problems.” 01438 576750

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03 04 2024

More companies offer staff free testing for ADHD | Consensus HR | Herts, Beds

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusiness, #consensus hr, #consensushr, #equality, #equalityact2010, #equalityanddiversity, #hertfordshirebusinesses, #networkinbeds, #outsourcedemploymentlaw, #outsourcedhumanresources, #outsourcing, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

The UK’s largest long-term savings and retirement business, Phoenix Group, has joined a growing list of companies offering to test workers for attention deficit hyperactivity disorder (ADHD) amid concerns that NHS delays are leaving many without support. The entertainment giant Disney is now also offering all employees ADHD and autism assessments under its private healthcare service. The Telegraph notes that magic circle law firms Clifford Chance, Freshfields Bruckhaus Deringer, and Allen & Overy have all introduced workplace schemes which help lawyers with ADHD diagnostics and support. PwC UK also provides testing for neurological conditions including dysgraphia, a disorder where people have difficulty reading and writing.

The Daily Telegraph

Our HR Comment / Advise: More companies offer staff free testing for ADHD | Consensus HR | Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “ADHD is covered under the Equality Act 2010 and required employers to make reasonable adjustments in the workplace for all members of the team and job applicants. Employees / applicants who have a disability or long-term health condition are covered and ADHD qualifies for both,

Most people with ADHD do not tend to tell their employers as they are worried about any possible repercussions at work. However, employers / members of the management team should encourage an open atmosphere where members of the team can be open and honest, so that if any reasonable adjustments are needed, they are implemented. Employers, should arrange to seek the appropriate medical advice from a medical professional so that the member of team is able to work and not be seen as less capable or as troublesome, especially given the stigma that surrounds ADHD.

Attention Deficit Hyperactivity dDsorder (ADHD), autism and dyspraxia are forms of neurodivergence – there are others too. Being neurodivergent will often amount to a disability under the EQa 2010, even if the person does not consider themselves to be disabled.”

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