Employment Contracts

08 04 2025

Employment Tribunal Claims Surge | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Contracts, Employment Law, General @sg1businessclub, #bedfordbusiness, #BTCstevenage, #employmenttribunal;, #hertfordshirebusinesses, bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

📊 Employment Tribunal Claims Surge: Key HR Insights from Q3 2024/25

By Matthew Chilcott – Owner, Consensus HR

The Ministry of Justice (MOJ) has released the latest Employment Tribunal statistics for the third quarter of 2024/25 (October–December 2024), revealing a sharp rise in employment disputes across the UK. This data underscores the increasing importance of HR compliance, clear documentation, and effective people management to avoid costly claims.

📌 Headline Figures from Q3 2024/25:

A total of 26,000 Employment Tribunal (ET) claims were received.
ET claims have increased by 35.7% year-on-year compared to Q3 2023/24.
Key increases between Q2 and Q3 2024/25 include:
- 🛑 Redundancy (failure to inform and consult) – up 50%
- 📄 Breach of contract – up 10.8%
- ⚖️ Unfair dismissal – up 10.4%
- ✍️ Failure to provide a written statement of employment particulars – up 5.2%
- 🧑‍🤝‍🧑 Discrimination claims:
  - Sex – up 12.3%
  - Race – up 12.6%
  - Sexual orientation – up 13.3%
  - Age – up 12.8%

📎 View the full report on GOV.UK

🧐 What These Employment Law Statistics Reveal

📉 Redundancy Claims – A Call for Better Consultation

The 50% surge in redundancy-related tribunal claims shows that many employers are not fulfilling their legal duties to consult employees during restructures. With the ongoing cost-of-living crisis, businesses must ensure redundancy processes are handled sensitively and legally to avoid tribunal risk.

📑 Breach of Contract & Missing Terms

A rise in breach of contract claims (up 10.8%) and missing written particulars (up 5.2%) points to a worrying trend in contract management. Under Section 1 of the Employment Rights Act 1996, all employees must receive a written statement of terms on or before day one. Failure to comply could now cost up to £2,876 per employee from April 2025.

⚖️ Rise in Workplace Discrimination Claims

Discrimination based on sex, race, age, and sexual orientation saw double-digit increases. This reflects greater awareness of employee rights and a willingness to challenge unlawful treatment. Employers must prioritise Equality, Diversity & Inclusion (EDI) training and robust HR policies to avoid breaches.

💬 Matthew Chilcott, Owner – Consensus HR, Comments:

“The continued rise in Employment Tribunal cases is a red flag for UK businesses.

From redundancy consultation to issuing accurate employment contracts and tackling workplace discrimination, the message is clear: prevention is better than cure.

Businesses must ensure their HR documentation, processes, and leadership training are fully compliant and fair. At Consensus HR, we help organisations navigate these challenges before they become costly claims.”

✅ HR Takeaways for Employers

Always consult properly during redundancies.
Issue contractual documentation to all staff on day one.
Keep disciplinary and grievance procedures up to date.
Provide EDI training to all employees and managers.
Seek expert HR advice before acting on any contractual change or dismissal.

🤝 How Consensus HR Can Support Your Business

At Consensus HR, we offer tailored HR consultancy services to help businesses manage all aspects of employment law compliance, including:

Writing and reviewing contracts of employment
Conducting redundancy consultations
Handling grievances and disciplinary procedures
Delivering HR training workshops
Supporting with tribunal preparation and representation

Let us help you stay compliant and prevent people problems before they escalate.

📲 Stay Connected with Consensus HR

This article is intended for informational purposes only and does not constitute legal advice. For tailored support, please contact Consensus HR directly.

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?

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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Important Health & Safety Update | Consensus HR in Herts & Beds

02 04 2025

Did You Know? HR Fact 4 – Dismissing an Employee Over Two Years of Service Requires Caution | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General @sg1businessclub, #bedfordshirebusinesses, #consensus hr, #consensushr, #hertfordshirebusinesses, Business, Business Owners, employment law, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

Did You Know?

Did You Know that HR laws and regulations are constantly evolving, and staying informed is crucial for every business. Each week, we share an essential HR fact to help you navigate employment law, avoid costly mistakes, and create a fair, compliant workplace.

Fact 4: Dismissing an Employee Over Two Years of Service Requires Caution:

Did you know that employees with two or more years of continuous service gain full unfair dismissal rights? This means they can challenge their dismissal at an employment tribunal unless the employer has a fair reason and follows the correct procedure.

Matthew Chilcott, Owner of Consensus HR, comments: “Employers must always follow a fair disciplinary and dismissal process to avoid costly tribunal claims. Seeking HR advice before taking action is essential.”

Previous Weeks Facts:

Fact 1: Unfair Dismissal Claims Can Be Costly

Fact 2: Contacts of Employment must be given on day one of employment or prior.

Fact 3: Employees accrue holiday pay when sick

How Consensus HR Can Help:

HR compliance is crucial for any business, and at Consensus HR, we provide expert advice and support to help companies stay legally compliant while fostering a positive work environment.

📌 For expert HR support, visit: www.consensushr.com

Follow Consensus HR for more HR facts and updates: 🔹 LinkedIn: Consensus HR 🔹 Twitter/X: @ConsensusHR 🔹 Facebook: Consensus HR

🚀 Stay compliant, avoid legal risks, and create a thriving workplace with Consensus HR!

Our Range of Services

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

Click Here

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

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For further information on any of the HR subjects we provide, please click the heading below:

26 03 2025

Did You Know? HR Fact 3 – Employees Accrue Holiday Pay During Sickness | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Handbook #DidyourknowHRFact, Business, Business Owners, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

Did You Know?

Did You Know that HR laws and regulations are constantly evolving, and staying informed is crucial for every business. Each week, we share an essential HR fact to help you navigate employment law, avoid costly mistakes, and create a fair, compliant workplace.

Fact 3: Employees Accrue Holiday Pay During Sickness:

Did you know that employees continue to accrue statutory holiday entitlement even when they are on sick leave? This was established through various employment tribunal cases and is part of the Working Time Regulations.

Matthew Chilcott, Owner of Consensus HR, comments: “Employers must understand their responsibilities when managing long-term sickness absence. Having a clear absence management policy is essential to ensure fairness and compliance.”

Previous Weeks Facts:

Fact 1: Unfair Dismissal Claims Can Be Costly

Face 2: Employment Contracts are Must from Day one of employment

How Consensus HR Can Help:

HR compliance is crucial for any business, and at Consensus HR, we provide expert advice and support to help companies stay legally compliant while fostering a positive work environment.

📌 For expert HR support, visit: www.consensushr.com

Follow Consensus HR for more HR facts and updates: 🔹 LinkedIn: Consensus HR 🔹 Twitter/X: @ConsensusHR 🔹 Facebook: Consensus HR

🚀 Stay compliant, avoid legal risks, and create a thriving workplace with Consensus HR!

Our Range of Services

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

Click Here

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

Your Outsourced Human Resources (HR) Department.

For further information on any of the HR subjects we provide, please click the heading below:

19 03 2025

Did You Know? HR Factual Fact 2 – Employment Contracts Are a Legal Requirement| Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General #consensushr, #employmentContracts, #employmentlaw, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

Did You Know?

Did You Know that HR laws and regulations are constantly evolving, and staying informed is crucial for every business. Each week, we share an essential HR fact to help you navigate employment law, avoid costly mistakes, and create a fair, compliant workplace.

Fact 2: Employment Contracts Are a Legal Requirement:

Did you know that all employees must receive a written statement of their main terms and conditions on or before their first day of work? This is a legal requirement under the Employment Rights Act 1996.

Matthew Chilcott, Owner of Consensus HR, comments: “An employment contract sets the foundation for a strong employer-employee relationship. Without it, businesses can face legal disputes that could have been easily avoided.”

Previous Weeks Facts:

Fact 1: Unfair Dismissal Claims Can Be Costly

How Consensus HR Can Help:

HR compliance is crucial for any business, and at Consensus HR, we provide expert advice and support to help companies stay legally compliant while fostering a positive work environment.

📌 For expert HR support, visit: www.consensushr.com

Follow Consensus HR for more HR facts and updates: 🔹 LinkedIn: Consensus HR 🔹 Twitter/X: @ConsensusHR 🔹 Facebook: Consensus HR

🚀 Stay compliant, avoid legal risks, and create a thriving workplace with Consensus HR!

Our Range of Services

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

Click Here

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

Your Outsourced Human Resources (HR) Department.

For further information on any of the HR subjects we provide, please click the heading below:

13 03 2025

The Strangest Employment Law Cases in the UK – Consensus HR in Herts & Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Contracts, Employment Law, General @sg1businessclub, #bedfordshirebusinesses, #consensushr, #hertfordshirebusinesses, #networkinbeds, #stevenagebusinesses, Business, Business Owners, employment law, HR, HR Advice, HR Consultant, HR Consultants, HR Support, SME, SME's

Employment law in the UK has seen a myriad of unique and unprecedented cases that highlight the complexities of workplace relations. Below is the first of the most unusual employment tribunal cases, detailing the circumstances, outcomes, and financial awards where applicable.

Executive Labelled ‘Old Fossil’ Awarded £3.2 Million:

In July 2024, senior executive Glenn Cowie was awarded £3.2 million after winning an age discrimination claim against his employer, Vesuvius. Cowie was subjected to derogatory remarks about his age, including being called an “old fossil” and told he couldn’t manage millennials. The tribunal ruled in his favour.

Matthew Chilcott, Owner of Consensus HR, Comments:

“These cases highlight just how crucial it is for businesses to have the correct HR procedures in place. Discrimination, unfair dismissals, and wrongful terminations can cost companies significant amounts in legal fees and compensation—and more importantly, they damage reputations. At Consensus HR, we work closely with businesses to ensure they are legally compliant and create positive workplace environments that prevent these kinds of disputes from arising. Taking proactive HR measures is key to avoiding costly mistakes.”

How Consensus HR Can Help:

These cases demonstrate why having a strong HR foundation is vital for employers and employees alike. At Consensus HR, we provide expert HR support, employment law compliance, and tailored business solutions to help companies stay legally compliant and protect their employees.

📌 For expert HR support, visit: www.consensushr.com

Follow Consensus HR for updates on UK employment law:

LinkedIn: Consensus HR LinkedIn
Twitter/X: @ConsensusHR
Facebook: Consensus HR Facebook

🚀 Stay compliant, avoid legal risks, and create a positive work environment with Consensus HR!

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

Click Here

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

Your Outsourced Human Resources (HR) Department.

For further information on any of the HR subjects we provide, please click the heading below:

05 02 2025

Week 11: Building a Future-Ready Workforce | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Recruitment, Rewards & Benefits, Training & Development #consensushr, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

Week 6: Supporting Mental Health and Well-being | Consensus HR in Herts

Welcome to Our 12-Week HR Essentials Blog Series for Business Owners and Managers – Week 11:

At Consensus HR, we know that effective HR management is key to creating a productive, compliant, and supportive workplace. Over the next 12 weeks, we’re providing business owners and managers with practical insights into different aspects of HR—from recruitment and onboarding to performance management, mental health support, and legal compliance.

Each weekly blog offers actionable advice to help you strengthen your HR practices, minimise risks, and support your team’s growth and well-being. Join us on this journey as we explore how thoughtful HR can positively impact your business and create a thriving, engaged team.

Week Eleven of Twelve

Week 11: Building a Future-Ready Workforce through Training and Development

Overview:

Continuous training helps employees adapt to changes in the industry and improves overall team competency and satisfaction.

Key Points:

Identifying Skill Gaps: Assess team strengths and development needs to tailor development programs to your workforce’s needs.
Types of Training: Offer various types of training, from technical skills to leadership development, to ensure a well-rounded team.
Fostering a Learning Culture: Encourage lifelong learning by supporting employees’ educational pursuits and in-house training programs.

Here are our previous weeks blogs:

Week 10: Why Outsource Your HR?
Week 9: Understanding Employment Law Changes and Their Impact
Week 8: Managing Workplace Conflict Effectively
Week 7: HR Policies and Compliance: What Every Business Needs
Week 6: Supporting Mental Health and Well-being
Week 5 – Employee Performance Management: Best Practices
Week 4 – Developing a Positive Company Culture
Week 3 – Onboarding New Hires
Week 2 – Effective Recruitment Strategies
Week 1 – Welcome to our 12 week HR Essentials

At Consensus HR, We’re Here to Help:

Managing HR can feel complex, but you don’t have to navigate it alone. If you have questions about this week’s topic or need tailored HR support for your business, our team is ready to help you create a productive, compliant, and supportive workplace. For more information, visit our website at www.consensushr.com or get in touch with us directly. Let’s work together to make HR a strong asset for your business.

Professional HR Services Tailored to Your Needs

Struggling with HR challenges? Let Consensus HR help you build a productive, compliant, and happy workplace. Learn more today!

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HR Made Simple – Solutions That Work for You

Your team is your greatest asset. Support them with professional HR services from Consensus HR. Learn more here!

Your Outsourced Human Resources (HR) Department.

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Week 5: Employee Performance Management | Consensus HR in Herts

28 01 2025

Recent UK Employment Law Cases | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Contracts, Employment Law, General @sg1businessclub, #bedfordshirebusinesses, #consensushr, #employmentlaw, #stevenagebusiness, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

The Benefits of Becoming a Retained Client with Consensus HR in Herts & Beds

Recent UK Employment Law Cases: Key Lessons and How Consensus HR Can Safeguard Your Business

Recent employment tribunal decisions in the UK have led to substantial financial awards for employees, highlighting the critical importance of adhering to employment laws and maintaining best HR practices. At Consensus HR, we are dedicated to assisting businesses in navigating these complexities to prevent such costly disputes. Below, we examine notable recent cases, the legal principles involved, and how our services can help you mitigate similar risks.

Notable UK Employment Law Cases and Financial Awards:

Unfair Dismissal Due to Disability Discrimination:

Case: An NHS hospital cleaner was awarded £50,000 after being dismissed for taking over 400 sick days related to complex mental health issues. The tribunal found that the employer failed to make reasonable adjustments and did not recognise the employee’s disability, violating the Equality Act 2010.

The Sun

Unfair Dismissal for Performance Issues:

Case: A social media producer for National Museums Scotland received £22,210 after being dismissed for not posting enough content and making consistent typos. The tribunal concluded that the employer failed to provide adequate formal warnings before termination, rendering the dismissal procedurally unfair.

The Times & The Sunday Times

Sexual Orientation Discrimination:

Case: A bisexual bar worker was awarded over £10,000 after enduring derogatory remarks about his sexuality from his employer. The tribunal found that the employer’s comments created a hostile work environment, constituting discrimination under the Equality Act 2010.

The Times & The Sunday Times

Equal Pay Claim:

Case: After a six-year legal battle, an employment tribunal ruled that 3,540 current and former store staff at Next should not have been paid less than warehouse employees. The tribunal found that the pay disparity lacked sufficient justification, potentially violating equal pay provisions under the Equality Act 2010.

The Times & The Sunday Times

Key Lessons for Employers:

These cases underscore several critical areas where employers must exercise caution:

Reasonable Adjustments: Employers are legally obligated to make reasonable adjustments for employees with disabilities. Failure to do so can lead to claims of disability discrimination under the Equality Act 2010.
Fair Disciplinary Procedures: Before dismissing an employee for performance-related issues, it is essential to follow a fair and transparent disciplinary process, including providing formal warnings and opportunities for improvement.
Preventing Workplace Discrimination: Creating a respectful workplace culture is vital. Employers must ensure that no employee faces discrimination based on protected characteristics, such as sexual orientation, as outlined in the Equality Act 2010.
Equal Pay Compliance: Employers must ensure that employees performing work of equal value receive equal pay, unless a material factor justifies the difference.

How Consensus HR Can Help:

At Consensus HR, we offer comprehensive HR solutions tailored to your business needs, ensuring compliance and fostering a positive workplace environment.

For Retained Clients:

Proactive HR Support: We provide regular updates on employment law changes and their implications for your business.
Customised Policies & Procedures: Our team develops bespoke documentation to ensure compliance with relevant legislation, including the Equality Act 2010 and disciplinary procedures.
Ongoing Training: We offer management development workshops on topics such as handling disciplinary matters, managing mental health in the workplace, and promoting diversity and inclusion.

For Unretained Clients:

HR Audits: We conduct thorough reviews of your current HR practices to identify potential risks and areas for improvement.
Advisory Services: Our experts provide guidance on specific HR issues, such as handling grievances, disciplinary actions, or implementing reasonable adjustments.
Policy Development: We assist in creating or updating policies to reflect current laws and best practices.

Why Choose Consensus HR?

With extensive experience in HR management and a focus on supporting SMEs, Consensus HR is committed to helping businesses avoid the pitfalls that lead to employment tribunal claims. We deliver cost-effective, practical solutions tailored to your unique needs, ensuring legal compliance and promoting a positive workplace culture.

Contact Us:

Protect your business with our expert HR solutions:

Email: [email protected]
Phone: 01438 576750
Website: www.consensushr.com
Follow us on social media:

Exclusion Notice:

The information provided in this blog is for general informational purposes only and does not constitute legal advice. For specific advice tailored to your business, please contact our team directly.

Partner with Consensus HR to Prevent Employment Law Issues:

Don’t let employment law challenges disrupt your business. Whether you’re a retained client or seeking one-time support, Consensus HR is here to help you build a compliant, supportive workplace that mitigates risks. Contact us today to take the first step toward effective HR management.

Why Choose Consensus HR?

At Consensus HR, we pride ourselves on offering practical, jargon-free HR support tailored to your business. Our retained services are designed to provide the flexibility, expertise, and peace of mind you need to manage your workforce effectively and stay compliant with UK employment law.

Let us help you create a productive and compliant workplace—one where your team and business thrive together.

21 01 2025

Employment Law Newsletter – Jan-25 – Consensus HR in Herts & Beds

Matthew Chilcott Absence Management, Blog, Employment Contracts, Employment Law, General @sg1businessclub, #bedfordshirebusinesses, #consensus hr, #consensushr, #employmentlaw, #stevenagebusinesses, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

In Brief:

In Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union and two other cases [2024] UKSC 41, the Supreme Court overturned a Court of Appeal decision and held that a trade union was entitled, under the Contracts (Rights of Third Parties) Act 1999 to enforce a “check-off” arrangement, despite the arrangement being removed from employees’ employment contracts. A check-off is where employers deduct trade union subscriptions from the employees’ salaries and pay them directly to the union.

On 20th January 2025, the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment of Schedule A2) Order 2024 comes into force. It gives the Employment Tribunal the power to uplift or reduce an award it makes in situations where an employer has failed to inform and consult the employees’ representatives when proposing to make 20 or more redundancies (known as a Protective Award), by 25% if the employer unreasonably fails to comply with the Code of Practice on Dismissal and Re-engagement or another applicable code of practice.

Can a Court or the Employment Tribunal rectify an employment contract?

In December 2024, the Supreme Court, in the case of National Union of Rail, Maritime and Transport Workers and another v Tyne and Wear Passenger Transport Executive (trading as Nexus) [2024] UKSC 37, considered what happens if the written record of a collective agreement, by mistake, does not accurately reflect what the employer and the union representatives agreed.

The reason for clarifying this issue is that unless expressly stated to be so, Collective Agreements reached through collective bargaining between an employer and a recognised trade union are not legally enforceable contracts. However, through express words, custom or practice, terms of collective agreements dealing with pay and conditions are often incorporated in individual employment contracts.

If a contract is legally enforceable and a mistake has been made concerning its terms, the Court can rectify it. The questions before the Supreme Court were:

Can the Court rectify a contract that is not legally enforceable?
If a mistake is made in recording terms of a Collective Agreement, can contracts of employment which incorporate those terms be rectified?
If rectification is possible, who should the parties to the claim for rectification be? And must any such claim be made in the High Court, or can the relevant question be decided by an employment tribunal?

If a document inaccurately records the terms of a contract, a Court may rectify it

The Supreme Court ruled unanimously that a collective agreement which is incorporated into the employment contracts of individual workers may be corrected even if the collective agreement was presumed by the parties not to be legally enforceable. The Court also held that it is not necessary, if a relevant mistake is alleged to have been made in the drafting of such a collective agreement, to ask for rectification on the individual contracts of employment. Regarding whom the proper Defendants to such an action are, the Court concluded that the individual workers whose legal rights are affected, are the rightful Claimants.

Dismissal of autistic employee justified after she sent a series of abusive emails to colleagues

In Kaler v Insights ESC Limited, the Employment Appeal Tribunal (EAT) was asked to rule on whether a teacher who had been dismissed for sending numerous abusive emails to her colleagues, had been subjected to discrimination arising from her disability, namely autism.

The Claimant, K, worked for a school that instructed children with social, emotional, behavioural, and mental health needs. When K was first engaged by the school as a supply teacher in March 2013, she shared with the school’s Principal that she was “going through the process of being diagnosed” with Asperger’s syndrome and that she considered herself to be disabled.

K left the school in June 2013, following a disagreement with a colleague, and did not start working for the school again until January 2017. She was open about her autism and described herself as an ‘aspie.’

In January 2018, K was dismissed for gross misconduct after sending a substantial number of abusive, threatening, and harassing emails to colleagues. The emails concerned issues regarding her salary. Some of the emails were sent to all staff members, and she refused to stop the barrage even after she was told to do so. She also sent sexually inappropriate texts to a colleague.

Following her dismissal, K brought the following claims in the Employment Tribunal:

direct disability discrimination,
discrimination for reasons arising from a disability, and
failure to make reasonable adjustments. The Employment Appeals Tribunal (EAT) disagreed with the Tribunal’s finding that the Principal could not be expected to remember an email from three and a half years ago from an employee stating they believed they had autism. The reference K made to being an “aspie” in her most recent employment was enough to put the Principal on notice regarding K’s possible disability.

K argued that her autism left her prone to having “meltdowns.” The Employment Tribunal first had to decide whether the Principal knew or ought to have known about K’s disability (referred to as Constructive Knowledge). It held that it was unreasonable to expect the Principal to remember K’s comment made in 2013, namely that she was “going through the process of being diagnosed” with Asperger’s syndrome. K’s reference to being an ‘aspie’ was also not enough to establish Constructive Knowledge.

The EAT disagreed, stating that the evidence presented by K regarding her 2013 comments and referring to herself as an ‘aspie’ were enough to put the Principal “on notice” that K had a disability. However, the EAT upheld the Tribunal’s finding that, regardless of any disability, K’s conduct was so bad and serious that dismissing her was both justified and proportional.

This newsletter does not provide a full statement of the law and readers are advise to take legal advice before taking any action based on the information contained herein’.

Why Choose Consensus HR?

Contact us today to find out how our retained services can transform your HR practices and support your business goals.

Let us help you create a productive and compliant workplace—one where your team and business thrive together.

12 12 2024

December 2024 Employment Law Newsletter | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General @sg1, #consensus hr, #employmentlaw, #hertfordshirebusinesses, #networkinbeds, #Newsletter, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Welcome to our latest December 2024 Employment Law Newsletter | Consensus HR – Herts, Beds. In this newsletter, we focus on:

BBC journalists appeal against equal pay ruling
Employment Rights Bill – employers who commit serious offences will be prohibited from sponsoring foreign workers:
Comments about an employee’s accent could be ‘related to’ race under harassment law

BBC journalists appeal against equal pay ruling

Four female BBC journalists, who argued that they were paid significantly less than their male counterparts, have lodged an appeal in the Employment Appeals Tribunal (EAT).

Two of the journalists settled an equal pay claim against the BBC in 2014. Similar claims were also brought in 2019 by the two other journalists, and all four claimants entered into settlement agreements with the BBC in 2020. However, they have brought further claims alleging that the BBC’s pay practices have remained discriminatory despite the settlement agreements, arguing that these only addressed historical pay disparities but did not remedy ongoing inequality. The Employment Tribunal (ET), struck out the further claims concerning equal pay, stating they arose from the same facts as the previous claims and therefore, could not be re-litigated. The journalists’ other claims, including age and sex discrimination, and detriment related to trade union membership, were allowed to proceed and are due to be heard in March 2025.

The journalists are appealing the ET’s decision to strike out the equal pay claim, arguing that the 2020 settlement agreements only dealt with past discrimination and should not prevent them from challenging alleged discriminatory pay practices going forward. They also believe the appeal raises important questions about whether settlement agreements can validly cover future unlawful actions.

Employment Rights Bill – employers who commit serious offences will be prohibited from sponsoring foreign workers:

In an amendment to the Employment Rights Bill, employers who repeatedly breach Sponsor Licence rules and responsibilities or other visa rules, or who breach employment laws, such as paying the minimum wage, will be forbidden from employing people coming to the UK on a work visa for at least two years.

The amendment is designed to control visa abuse and limit exploitation.

Other changes proposed include:

Sponsor Licence Action Plans will be strengthened.
Employers will be prohibited from passing on any costs involved with sponsorship to a skilled worker.

The Minister for Migration and Citizenship, Seema Malhotra MP, stated that “The new powers will ensure that employers who recruit internationally will be required to pay associated costs themselves, which is fair and reasonable for employers that do not recruit from the domestic workforce”.

Comments about an employee’s accent could be ‘related to’ race under harassment law:

In Carozzi v University of Hertfordshire and another [2024] EAT 169, the EAT held that the ET was incorrect to find that comments about an employee’s accent were not harassment under the Equality Act 2010 because they were not motivated by her race. The EAT stated such comments could nevertheless be “related to” race.

When deciding if conduct is ‘related to’ a protected characteristic (race, religion or belief, sex, sexual orientation, age, disability, gender reassignment, pregnancy and maternity, and marriage or civil partnership), the Court or Tribunal has a wide discretion. They can consider:

The conduct inflicted on to the Claimant because of a protected characteristic. For example, shunning a person because they have had or perceived them to have had a gender reassignment.
Conduct related to a protected characteristic due to the form it takes, for example racist or homophobic banter.
Conduct that is directed at others but observed by the Claimant, for example in Coffey v Coople (UK) Ltd ET/3206057/21 ,the Claimant successfully brought a claim for sexual harassment after seeing two colleagues being sexually assaulted.

The context in which the conduct takes place will also be considered by the Court or Tribunal.

In the Carozzi v University of Hertfordshire and another, the Claimant was a Brazilian national who brought various employment law claims against the University, one of which was a harassment claim concerning her accent.

The ET dismissed the claim. The EAT allowed the appeal, although on another point of law. Regarding the issue of the Claimant’s accent, the EAT concluded that there is no requirement in a harassment claim for a “mental element” equivalent to that in a claim of direct discrimination. It stated that a person’s accent could be an important part of their identity and could be connected to race. Therefore, criticism of an accent could violate a person’s dignity.

This case highlights that conduct can be related to a protected characteristic either:

where it is motivated by the protected characteristic, or
where, regardless of the conscious or unconscious motivations of the alleged harasser, there is objectively some relationship between the conduct or language used and a protected characteristic.

The most obvious examples of the latter are sexist jokes and racial epithets. However, the unwitting use of, for example, homophobic, transphobic, or ableist language could also meet the definition of harassment, depending on the context. Employers may therefore want to take note of this decision when planning Equality Act 2010 training sessions and resources.

This newsletter does not provide a full statement of the law and readers are advise to take legal advice before taking any action based on the information contained herein’.

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

If you manage a team and wish to ensure the smooth running of all HR and Employment Law aspects required with the team, give us a call now for a non-obligatory chat and can talk through our vast range of services, we can offer for a small monthly / one-off investment. Consensus HR | Your Outsourced Human Resources & Employment Law Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems – 014338 576750

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04 12 2024

Week 4: Developing a Positive Company Culture | Consensus HR in Herts

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Recruitment, Rewards & Benefits, Training & Development @sg1businessclub, #bedfordbusiness, #consensushr, #hertfordshirebusinesses, #PositiveCompany, #stevenagebusinesses, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

Welcome to Our 12-Week HR Essentials Blog Series for Business Owners and Managers – Week 4:

Week Four of Twelve

Week 4: Developing a Positive Company Culture:

Overview:

Company culture shapes employees’ day-to-day experiences and is a key factor in retention and engagement. A strong, positive culture encourages commitment and aligns employees with business goals.

Key Points:

Define Core Values: Establish and communicate the core values that guide decision-making and set expectations for behaviour within the company.
Encourage Inclusivity: Foster a workplace where everyone feels valued and respected, regardless of their background or role.
Recognise Contributions: Regularly acknowledge and celebrate employees’ achievements, both individually and as a team, to promote a positive environment.
Leadership’s Role: Ensure leaders embody and reinforce the company culture through their actions, setting an example for the rest of the team.

Here are our previous blogs:

Week 3 – Onboarding New Hires
Week 2 – Effective Recruitment Strategies
Week 1 – Welcome to our 12 week HR Essentials

At Consensus HR, We’re Here to Help:

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

Click Here

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

Your Outsourced Human Resources (HR) Department.

For further information on any of the HR subjects we provide, please click the heading below:

13 11 2024

What is HR? | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Contracts, Employment Law, General, Health & Safety, Investigations, Performance Management, Recruitment, Redundancy, Rewards & Benefits, Training & Development

What is HR? Unpacking the Value of Human Resources for Your Business:

As business owners, managers, or employees, you may have heard the term “HR” (Human Resources) thrown around, but have you ever wondered what HR really is and what it does? At Consensus HR, we often find that many people don’t fully realise the scope of HR or how crucial it is to running a successful business. Here, we’ll break down what HR is, what it can do for your business, and how we can help companies of all sizes and sectors prevent people problems.

What is HR?

HR, short for Human Resources, is the department within a company that handles everything related to people – your most valuable asset. This can range from recruitment and training to dealing with legal issues, employee benefits, workplace culture, and more. HR isn’t just about hiring and firing; it’s about managing and developing your team to ensure they work efficiently and in compliance with employment law.

Whether you’re a small business with a few employees or a larger organisation with hundreds, HR plays a pivotal role in making sure your team functions effectively, remains engaged, and that you meet your legal responsibilities as an employer.

What Does HR Do?

Here are some of the key areas HR covers:

Recruitment & Onboarding: HR helps you find the right people for your business and ensures that new employees integrate smoothly into the team.
Performance Management: Ensuring your team is performing at its best is a critical function of HR. This includes conducting appraisals, setting performance goals, and providing feedback.
Training & Development: HR ensures your team is equipped with the right skills, offering development opportunities to grow within their roles.
Employee Relations: Handling conflicts, grievances, and disciplinary issues fairly and legally is vital to maintaining a healthy workplace.
Compliance & Legal Issues: Employment laws are complex and constantly changing. HR ensures that your business stays compliant with laws like the Equality Act 2010, and handles contracts, policies, and procedures to protect your business from legal risks.
Workplace Culture & Well-being: HR plays a critical role in shaping your company’s culture, ensuring a positive working environment, and promoting employee well-being.

How Can Consensus HR Help Your Business?

Many businesses, especially SMEs, don’t have a dedicated HR team, but that’s where we come in. At Consensus HR, we offer outsourced HR solutions to support businesses of all sizes and industries. Whether you’re in retail, hospitality, manufacturing, or a professional services firm, we provide the expertise and guidance you need to manage your team effectively and prevent common people problems.

We’re here to help you:

Develop comprehensive HR policies tailored to your business needs.
Resolve employee disputes before they escalate into legal issues.
Ensure your business is compliant with the latest employment laws.
Manage recruitment and onboarding so you hire the right talent.
Create a performance management system that drives success.

Preventing People Problems:

People problems can have a significant impact on your business if not managed properly. From high staff turnover to poor productivity and even legal challenges, the costs of neglecting HR can add up quickly. Our retained HR services at Consensus HR are designed to help you prevent these issues before they arise, providing you with ongoing support, advice, and solutions to manage your workforce effectively.

In conclusion, HR is a vital function that can make or break your business. At Consensus HR, we understand the challenges employers face and offer practical, personalised HR support that takes the stress out of managing your team. Let us help you prevent people problems and create a productive, compliant, and happy workplace.

Movember UK | Consensus HR in Herts & Beds

If you’re ready to explore how Consensus HR can support your business, visit our website www.consensushr.com or contact us for a consultation. Let’s work together to ensure your business and your team thrive.

Get Involved in Movember 2024:

Whether by growing a moustache, participating in a fitness challenge, or hosting a mental health workshop, there are many ways to get involved with Movember this year. Every little bit helps in raising awareness and funds for crucial men’s health issues.

For more information on how you and your organisation can support Movember UK, visit the official Movember website.

Matthew Chilcott
Owner, Consensus HR

Disclaimer: This article provides general information on the Movember campaign. For specific health concerns or advice, always consult with a healthcare professional.

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

Click Here

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

Your Outsourced Human Resources (HR) Department.

For further information on any of the HR subjects we provide, please click the heading below:

12 11 2024

Welcome to Our 12-Week HR Essentials | Consensus HR in Herts

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Performance Management, Recruitment, Training & Development @sg1businessclub, #consensushr, #HR Herts, #hr newsletter, #networkinbeds, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

Week 23 Effective Recruitment Strategies | Consensus HR in Herts & Beds

Welcome to Our 12-Week HR Essentials Blog Series for Business Owners and Managers:

Week One of Twelve

Week 1: Understanding the Role of HR in Business Success:

Overview:
HR is essential for every business, providing the backbone of employee relations, compliance, and a productive work environment. HR professionals ensure that businesses manage people effectively while remaining compliant with employment laws, making HR vital for growth and stability.

Key Points:

Recruitment & Onboarding: HR handles job postings, interviews, and onboarding processes to ensure new hires are aligned with the company’s values and prepared for their roles.
Employee Relations: HR manages interpersonal relationships, conflict resolution, and communication strategies, which are essential for maintaining a healthy workplace.
Compliance & Policies: HR professionals ensure that businesses comply with employment laws, reducing the risk of legal issues.
Performance Management: HR structures regular reviews, feedback systems, and career development pathways to improve productivity and employee engagement.

At Consensus HR, We’re Here to Help:

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

Click Here

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

Your Outsourced Human Resources (HR) Department.

For further information on any of the HR subjects we provide, please click the heading below:

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