Employment Law

02 09 2024

Our Eight Best Practices and Legal Requirements for Providing Employee References | Consensus HR

Matthew Chilcott Blog, Employment Contracts, Employment Law, General @sg1businessclub, #consensushr, #networkinbeds, #outsourcedemploymentlaw, #stevenage #bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, references, Small Business, SME, SME's, stevenage

Part One of Two:

When an employee decides to leave your business, one common task for employers is handling requests for references. At Consensus HR, we are frequently asked about the best practices and legal obligations regarding employee references in the UK. Understanding these aspects is crucial to ensure compliance with the law while also maintaining good business practices.

1. Understanding Your Legal Obligations: Are References Mandatory?

In the UK, there is no general legal obligation for employers to provide a reference for an employee or former employee. However, there are some exceptions:

Contractual Obligation: If an employment contract or company policy states that a reference will be provided, the employer must adhere to that commitment.
Sector-Specific Requirements: Certain sectors, such as financial services, may have regulatory obligations to provide a reference. Always check any industry-specific guidelines that may apply.

Concentrating on your business is essential for growth and success—let Consensus HR handle your HR needs so you can stay focused on what matters most. With expert support in compliance, employee relations, and HR strategy, we take the stress out of managing your workforce, reducing risk and saving you time. Let us be your trusted HR partner, ensuring smooth operations while you drive your business forward.

2. Providing References: Keeping It Fair and Accurate

While there is no obligation to provide a reference, if you choose to do so, it must be accurate and fair. This is a legal requirement under the law of negligence and defamation:

Accuracy: Ensure all information in the reference is factually correct. Avoid including any unverified information or subjective opinions that cannot be backed up.
Fairness: A reference should not be misleading or present an inaccurate picture of the employee. Omitting key facts, such as an employee’s dismissal for gross misconduct, could be seen as misleading to the prospective employer.

3. The Content of References: What to Include and Exclude

When providing a reference, it is good practice to include only basic details:

Employment Dates: Confirm the start and end dates of the employee’s tenure.
Job Title: Provide the job title(s) held by the employee.
Responsibilities: Outline the main duties or responsibilities, if appropriate.

It is advisable to avoid including details that could be viewed as subjective or discriminatory, such as comments on the employee’s character, attendance, or health, unless they are factual and relevant to the job they have applied for.

By following these best practices, you can manage reference requests effectively, minimise legal risks, and maintain a positive reputation for your business.

Our HR comment: Our Eight Best Practices and Legal Requirements for Providing Employee References | Consensus HR

Our HR comment / Advice: –

Matthew Chilcott, Owner of Consensus HR comments: “By adopting these approaches, you protect your business while also providing a fair and honest representation of your former employees, supporting them in their future career endeavours. For tailored advice and support on handling employee references, get in touch with Consensus HR today.

If we can help you in any way, give us a call or send us an email today for a non obligatory chat.

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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.

28 08 2024

Promoting Flexible Working and Employee Well-being |Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Law, General, Health & Safety @sg1businessclub, #consensus hr, #consensushr, #employeewellbeing, #flexibleworking, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

In the UK, Consensus HR plays a crucial role in guiding businesses through the complexities of flexible working and employee well-being, ensuring that companies not only meet legal requirements but also adopt best practices that are vital in today’s competitive landscape. As the British Chamber of Commerce’s (BCC) recent survey highlights, flexible working and employee well-being are increasingly seen as essential components of a successful business strategy and for businesses who want to stand out in a crowded job market.

Its survey of 1300 businesses noted that attracting and retaining talent is a key priority for most, but they are operating in a market where, e.g. from May to July 2024 there were 884,000 vacancies in the economy, while the number of economically inactive people (those not looking for work) stood at over 9.4 million.

The BCC research also shows 62% of businesses reporting that they are experiencing skills shortages, rising to 74% for manufacturing firms. Noting that 14% of businesses reported they were unable to hire or retain people specifically because of childcare responsibilities, the BCC suggests that introducing flexible working can help employees balance work with other commitments.

Benefits of Flexible Working:

1. Enhanced Productivity:

- Consensus HR helps UK businesses implement flexible working arrangements that can lead to higher productivity. In the UK context, the ability to work during the most productive hours is crucial, particularly as the traditional 9-to-5 workday becomes less relevant.
- Research supported by Consensus HR in the UK indicates that 43% of employees report increased productivity when flexible working options are available.

2. Improved Work-Life Balance:

- UK employers are increasingly focused on improving work-life balance, and Consensus HR is at the forefront of advising businesses on how to implement flexible working policies effectively.
- In the UK, 73% of employees report that flexible working helps them achieve a better work-life balance, a figure that Consensus HR frequently cites in their consultations.

3. Attraction and Retention of Top Talent:

- In the UK’s competitive job market, Consensus HR advises companies on how flexible working can be a key differentiator in attracting and retaining skilled workers.
- According to UK-specific data, 81% of workers would prefer jobs that offer flexible working options, which is a critical insight for UK businesses looking to remain competitive in talent acquisition.

4. Cost Efficiency:

- Consensus HR highlights the cost-saving potential of flexible working for UK companies, particularly in reducing the need for large office spaces in high-rent areas like London.
- UK businesses can save thousands per employee each year by implementing flexible working arrangements, with savings on office space and commuting costs being particularly significant.

5. Increased Employee Satisfaction:

- Consensus HR underscores the importance of flexible working in boosting employee satisfaction within UK workplaces. Employees who have control over their work schedules are more likely to be satisfied and engaged.
- UK studies show a strong link between flexible working and higher employee engagement, a key factor in reducing turnover and enhancing overall business performance.

Benefits of Employee Well-being Initiatives:

1. Reduced Absenteeism:

- In the UK, absenteeism due to stress and mental health issues is a significant concern. Consensus HR helps businesses implement well-being programs that address these issues, leading to a reduction in absenteeism.
- The UK government and NHS have highlighted the importance of workplace well-being, with studies showing that every £1 invested in mental health support can yield a £4 return in terms of reduced absenteeism and increased productivity.

2. Enhanced Performance:

- Consensus HR assists UK businesses in developing well-being strategies that directly contribute to improved employee performance. By focusing on mental and physical health, UK companies can create a more productive workforce.
- Gallup’s research, relevant in the UK context, shows that employees who feel their well-being is supported are 21% more likely to be engaged at work, a statistic that Consensus HR uses to advocate for comprehensive well-being programs.

3. Better Workplace Culture:

- Consensus HR promotes well-being initiatives as a means to enhance workplace culture across UK businesses. A positive culture not only attracts top talent but also fosters better teamwork and collaboration.
- In the UK, 58% of employees reported that well-being programs positively influenced their relationships at work, according to a study by the Chartered Institute of Personnel and Development (CIPD).

4. Retention and Attraction:

- Consensus HR advises UK businesses on the importance of well-being programs in retaining and attracting employees. With the UK workforce increasingly valuing employers who prioritise health and well-being, these programs are becoming a key factor in employer branding.
- A survey by the UK-based insurer Bupa found that 74% of employees consider well-being programs a significant factor when choosing a job, underlining the importance of these initiatives in the UK.

5. Increased Innovation:

- Consensus HR highlights the link between well-being and innovation, particularly relevant for UK businesses in sectors that rely on creativity and innovation.
- Research from the University of Warwick, often referenced by Consensus HR, found that happiness and well-being can increase productivity by 12%, showing a direct connection between well-being initiatives and business success in the UK.

UK-Specific Statistics Highlighted by Consensus HR:

Flexible Working: According to UK-specific research by the Office for National Statistics (ONS), 30% of UK employees worked remotely in 2021, and the trend is expected to continue, driven by the demand for flexible working options.
Employee Well-being: The UK workplace wellness market was valued at over £2.7 billion in 2020, reflecting the increasing importance of employee well-being in UK businesses, a figure often cited by Consensus HR.

Our HR comment: Promoting Flexible Working and Employee Well-being |Consensus HR in Herts & Beds

Our HR comment / Advice: –

Matthew Chilcott, Owner of Consensus HR comments: “Our continual involvement with our clients in promoting flexible working and employee well-being highlights their essential role in shaping modern workplace strategies. We help our clients and their businesses realise the substantial benefits of these approaches, from increased productivity and employee satisfaction to cost savings and innovation. Our expertise ensures companies are not only adhering with Employment Law but also positioned for success in a competitive market.”

If we can help you in any way, give us a call or send us an email today for a non obligatory chat.

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27 08 2024

Equal Pay Employment Tribunal Case: What Employers Need to Know | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #consensushr, #networkinbeds, #Next, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

On the BBC News today – 27^th September 2024 and in a significant ruling, the Employment Tribunal has recently announced a verdict on a high-profile equal pay case. This decision has far-reaching implications for employers across the UK, particularly those in industries where pay disparities between male and female employees have been a long-standing issue.

At Consensus HR, we believe it’s crucial for employers to understand the ramifications of this case, as it serves as a stark reminder of the importance of pay equity in the workplace. Below, we break down the key aspects of the case and offer practical advice for employers to ensure compliance and fairness in their pay practices.

The Case Overview:

The recent Employment Tribunal case involved a group of female employees who claimed that they were being paid less than their male counterparts for performing the same work. The women argued that this disparity violated the Equal Pay Act, which mandates that men and women should receive equal pay for equal work. The Tribunal found in favor of the claimants, ruling that the pay difference could not be justified by any factor other than gender.

This ruling reinforces the legal obligations of employers to ensure that their pay structures are free from gender bias. It also highlights the need for transparency and regular reviews of pay practices to prevent discrimination.

Trade unions and business organisations meet to discuss workers’ rights |Consensus HR in Herts & Beds

What This Means for Employers

Legal Obligations:

The ruling underscores the legal requirement for employers to provide equal pay for equal work. Failure to do so can result in costly litigation, reputational damage, and financial penalties. Employers must be vigilant in their pay practices and ensure that they are compliant with the Equal Pay Act.

Pay Audits:

Conducting regular pay audits is now more important than ever. These audits help identify any discrepancies in pay between male and female employees and provide an opportunity to address them before they escalate into legal issues. Employers should document these audits and any actions taken to rectify disparities.

Job Evaluations:

To avoid pay discrimination, employers should use consistent and objective criteria for evaluating job roles. Job evaluations should be free from gender bias and based on factors such as skills, experience, responsibilities, and performance.

Transparency:

Promoting transparency in pay structures can help build trust within the workforce and prevent potential disputes. Employers should consider publishing pay ranges for roles and openly communicating how pay decisions are made.

Training and Awareness:

HR teams and managers should be trained on the principles of equal pay and the importance of avoiding gender bias in pay decisions. Awareness programs can help prevent unconscious bias and ensure that all employees are treated fairly.

Practical Steps for Employers

Review and Update Policies:

Ensure that your company’s pay policies are up-to-date and comply with current legislation. Policies should clearly outline the company’s commitment to equal pay and the steps taken to achieve it.

Regular Monitoring:

Implement a system for regular monitoring of pay equity within your organization. This can include periodic reviews of pay data, employee feedback, and comparisons with industry benchmarks.

Engage Employees:

Involve employees in discussions about pay equity. Create channels for employees to voice concerns about pay and ensure that these are addressed promptly and transparently.

Our HR comment:

Our HR comment / Advice: – Equal Pay Employment Tribunal Case: What Employers Need to Know | Consensus HR in Herts & Beds

Matthew Chilcott, Owner of Consensus HR comments: “The recent Employment Tribunal case serves as a crucial reminder for employers to prioritise pay equity in their organisations. By taking proactive steps to ensure compliance with the Equal Pay Act, employers can not only avoid legal pitfalls but also foster a more inclusive and equitable workplace.

At Consensus HR, we are here to support businesses in navigating these complex issues. If you need assistance with pay audits, policy reviews, or training on equal pay, please don’t hesitate to contact us. Together, we can create a fair and transparent workplace for all employees.

Contact us today to learn more about how we can help your business achieve pay equity and compliance.”

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20 08 2024

Trade unions and business organisations meet to discuss workers’ rights |Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General @sg1businessclub, #consensushr, #makeworkpay, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

As it sets out the first details of its Plan to Make Work Pay, the Government said that both businesses and workers will get a bigger voice at the table.

Minister for Employment Rights, Justin Madders, and the Deputy Prime Minister, Angela Rayner, have met senior representatives from trade unions and business organisations for the first time to discuss workers’ rights.

They agreed to “wipe the slate clean” and begin a new relationship of respect and collaboration to help deliver the Government’s first mission — to kickstart economic growth.

The meeting discussed views on the Employment Rights Bill which the Government believes will play a key role in delivering its Plan to Make Work Pay and which will be introduced in the next few weeks.

Mr Madders said that the Plan sets out an ambitious agenda to ensure workplace rights are fit for a modern economy, empower working people and deliver economic growth. It will support more people to stay in work, make work more family-friendly and improve living standards.

Peter Cheese, Chief Executive of the Chartered Institute of Personnel and Development (CIPD) said: “We recognise and welcome a number of the changes in the Government’s Plan to Make Work Pay. Together they amount to the biggest transformation of workers’ rights in a generation. Therefore, consultation will be essential to ensure that any reforms achieve the right outcomes for individuals and employers.”

The Government confirmed that trade union and business representatives will be invited to continue to engage on the Plan through similar meetings and to share insights via upcoming consultations.

Make Work Pay

The Plan will:

ban exploitative zero-hours contracts
end the practice of fire and re-hire
introduce, from day one, basic rights to parental leave, sick pay and protection from unfair dismissal
strengthen the collective voice of workers, including through their trade unions, and create a Single Enforcement Body to ensure employment rights are upheld
make sure the minimum wage is a genuine living wage by changing the remit of the independent Low Pay Commission so that, for the first time, it takes account of the cost of living
remove discriminatory age bands so that all adults are entitled to the same minimum wage.

CIPD – HR Inform

Our HR comment:

Our HR comment / Advice: – Trade unions and business organisations meet to discuss workers’ rights |Consensus HR in Herts & Beds |Consensus HR in Herts & Beds

Matthew Chilcott, Owner of Consensus HR comments: “The proposed reforms, such as banning zero-hours contracts and providing employment rights from day one, could lead to significant changes in the labour market. However, potential challenges in implementing these reforms, particularly from larger employers who may be resistant to changes that affect their current working systems must be recognised for both their potential benefits and complexities of the policy. Companies of all sizes need to ensure that they seek appropriate advice and support from HR Consultants / Departments to ensure the successful implementation of all the changes, so as to ensure a smooth implementation.”

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19 08 2024

Employees, MUST have a Contract of Employment from day one | Consensus HR in Herts & Beds

Matthew Chilcott Employment Contracts, Employment Law, General @sg1businessclub, #bedfordshirebusinesses, #consensus hr, #consensushr, #contractofemployment, #Contracts of Employment, #hertfordshirebusinesses, #networkinbeds, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Preferably before or minimum from Day One of Employment, you MUST provide a Contract of Employment

A lot of our competitors continually use scare tactics, but did you know that all new employees MUST have a Contract of Employment from day one of employment or your business could face financial consequences. At Consensus HR and as part of our recruitment strategy for any business, when deciding to recruit, we always ensure a Contract is written, ready to be sent to the new member before they start, so that they can read fully what is enclosed whilst gaining an understanding, so as to be able to ask questions, prior to signing

Ensuring that an employee has a contract of employment from day one is not just a legal requirement, but it is also a fundamental step in building a transparent and trusting work environment. When employees receive, read, and sign their contracts on their first day, they clearly understand their roles, responsibilities, and the terms of their employment, whilst having the opportunity to ask questions. This process sets clear expectations and helps avoid potential disputes or misunderstandings down the line.

Failure to provide a contract promptly can lead to significant consequences for your business. Without a signed agreement, there is a greater risk of legal complications, particularly if disputes arise regarding employment terms, job duties, or termination conditions. Additionally, employees may feel uncertain about their job security and obligations, leading to lower morale and engagement.

Employees, MUST have a Contract of Employment from day one | Consensus HR in Herts & Beds

Our HR comment:

Matthew Chilcott, Owner of Consensus HR comments: “By emphasising the importance of this step, your Management and HR team can help protect both the company and the employee, ensuring a smooth start to the working relationship. If you need assistance in drafting, reviewing, or implementing employment contracts, contact us today. Our team of experts is here to help you navigate this essential aspect of HR management, ensuring compliance and fostering a positive work environment.”

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13 08 2024

Upcoming Employment Law Changes in the UK | Consensus HR in Herts & Beds

Matthew Chilcott Employment Law, General @sg1businessclub, #consensushr, #employmentlaw, #networkinbeds, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

As the landscape of employment law continually evolves, UK businesses must stay informed about forthcoming changes to ensure compliance and maintain a fair and productive workplace. Here are some key legislative changes on the horizon and practical steps businesses can take to prepare.

Enhanced Flexible Working Rights

What’s Changing? The UK Government plans to introduce enhanced rights for flexible working, including making it a default right for employees to request flexible working from day one of employment. This change aims to promote work-life balance and accommodate diverse employee needs.

How to Prepare:

Review Policies: Update your flexible working policy to reflect the new legislation.
Training: Train managers on handling flexible working requests fairly and consistently.
Communication: Clearly communicate the changes to all employees, outlining the process for making requests.

Extended Redundancy Protection for Pregnant Employees and New Parents

What’s Changing? Redundancy protection is being extended for pregnant employees and those returning from maternity, adoption, or shared parental leave. This aims to prevent discrimination and provide job security during these critical times.

How to Prepare:

Policy Updates: Amend your redundancy policy to include extended protection periods.
Manager Training: Ensure managers understand the new protections and handle redundancies sensitively and legally.
Support Systems: Provide support and guidance for employees transitioning back to work after parental leave.

New Statutory Code on “Fire and Rehire”

What’s Changing? A statutory Code of Practice on Dismissal and Re-engagement (commonly known as “fire and rehire”) is being introduced to ensure that changes to employment terms are fair and transparent. This code will provide guidelines on conducting consultations and negotiations.

How to Prepare:

Policy Review: Evaluate your current practices related to contract changes and ensure they align with the new code.
Consultation Procedures: Develop robust consultation procedures to engage with employees meaningfully.
Documentation: Keep thorough records of all consultations and negotiations to demonstrate compliance.

Increase in Statutory Payments and Tribunal Awards

What’s Changing? From April 2024, the limits on various statutory payments and tribunal awards are set to increase. The maximum compensatory award for unfair dismissal and the limit on weekly pay for calculating redundancy pay are among the changes.

How to Prepare:

Budget Adjustments: Review and adjust your budget to accommodate the increased potential liabilities.
HR Systems Update: Ensure your payroll and HR systems are updated to reflect the new statutory limits.
Employee Awareness: Inform employees about the changes to statutory payments and their rights.

Revised Vento Bands for Discrimination Claims

What’s Changing? The Vento bands, which determine compensation for injury to feelings in discrimination cases, have been revised. The updated bands reflect inflation and the need for fair compensation.

How to Prepare:

Training: Train HR and management teams on the implications of the revised Vento bands.
Policy Update: Update your anti-discrimination policies to reinforce a commitment to fair treatment and equality.
Proactive Measures: Implement proactive measures to prevent discrimination and handle complaints effectively.

Upcoming Employment Law Changes in the UK | Consensus HR in Herts & Beds

Our HR comment:

Upcoming Employment Law Changes in the UK | Consensus HR in Herts & Beds

Matthew Chilcott, Owner of Consensus HR comments: “Staying ahead of employment law changes is crucial for UK businesses to avoid legal pitfalls and foster a supportive work environment. By proactively preparing for these upcoming changes, businesses can ensure compliance, enhance employee satisfaction, and maintain a positive organisational culture. If you need tailored advice and support, consider partnering with HR experts like Consensus HR to navigate these changes effectively.

For more information on how Consensus HR can support your business, contact us today.”

Practical Steps for Businesses:

Stay Informed: Regularly check for updates on employment law changes from reliable sources such as government websites and legal advisories.
Consult Professionals: Engage with HR and legal experts to ensure your policies and practices are compliant with the latest legislation.
Employee Training: Provide ongoing training for employees and managers on new laws and best practices.
Review and Update Policies: Conduct a comprehensive review of all HR policies and procedures, making necessary updates to align with new regulations.
Communication: Maintain open lines of communication with employees, keeping them informed about changes and how they may be affected.

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

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

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12 08 2024

Understanding the New “Fire and Re-hire” Code of Practice in the UK | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #consensushr, #fireandrehire, #HRAdvice, #HRSupport, #outsourcedemploymentlaw, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

In recent years, the practice of “fire and re-hire” has garnered significant attention and debate. This controversial approach, where employers dismiss staff and subsequently re-engage them on less favourable terms, has led to numerous concerns regarding employee rights and the balance of power in the workplace. At Consensus HR, we believe in providing clear and practical guidance to navigate these changes effectively.

What is “Fire and Re-hire”?

“Fire and re-hire,” formally known as Dismissal and Re-engagement, is a process used by employers to modify the terms of employment contracts. While sometimes necessary to adapt to changing business conditions, this practice can be seen as undermining employee security and trust. Consequently, it has drawn significant scrutiny from both employees and policymakers.

The New Statutory Code of Practice

Earlier this year, the UK Government announced the introduction of a new statutory Code of Practice on Dismissal and Re-engagement, aiming to regulate the use of “fire and re-hire” practices. This Code of Practice is designed to ensure that any changes to employment terms are conducted fairly and transparently, protecting employees from unfair treatment.

UK Government says workers 'need to be able to switch off' | Consensus HR in Herts & Beds

Key Elements of the Code of Practice:

Transparent Communication:
- Employers are required to engage in clear, honest, and timely communication with employees about any proposed changes to their terms of employment.
- Employees should be given ample opportunity to understand the reasons behind the changes and how they will be affected.
Fair Consultation Process:
- A thorough consultation process must be conducted, allowing employees to voice their concerns and provide feedback on the proposed changes.
- Employers must consider alternative options and negotiate in good faith to reach a mutually acceptable agreement.
Reasonable Notice:
- Adequate notice periods must be provided to employees before any changes are implemented.
- This ensures that employees have sufficient time to adapt to the new terms or seek alternative employment if necessary.
Legal Compliance:
- The Code of Practice emphasizes the importance of adhering to existing employment laws and regulations.
- Employers must ensure that any changes do not violate contractual obligations or statutory rights.
Support Mechanisms:
- Employers should offer support mechanisms, such as retraining or redeployment opportunities, to help employees transition smoothly to the new terms.

Impact on Employers and Employees

For employers, the introduction of this Code of Practice means a more structured and transparent approach to making contractual changes. While it may involve additional administrative steps, the benefits of maintaining a motivated and engaged workforce far outweigh the costs. Employers who adhere to these guidelines are likely to see improved employee relations and reduced conflict.

For employees, the new Code of Practice offers a layer of protection against arbitrary changes to their employment terms. It ensures that their voices are heard, and their rights are respected throughout the process. Employees can now expect greater transparency and fairness when facing potential changes to their contracts.

How Consensus HR Can Help

At Consensus HR, we understand that navigating these changes can be challenging for both employers and employees. Our team of experienced HR professionals is here to provide support and guidance tailored to your specific needs. Whether you need assistance with consultation processes, communication strategies, or legal compliance, we are here to help you every step of the way.

Our HR comment:

Understanding the New “Fire and Re-hire” Code of Practice in the UK | Consensus HR in Herts & Beds

Matthew Chilcott Owner of Consensus HR comments: “The new “fire and re-hire” Code of Practice marks a significant step towards fairer employment practices in the UK. By promoting transparency, fairness, and compliance, this Code aims to protect employees while allowing businesses to adapt to changing circumstances. At Consensus HR, we are committed to helping you navigate these changes effectively, ensuring a positive and productive workplace for all.

For more information or to discuss how these changes may impact your organisation, please contact us today. Together, we can build a fair and resilient workforce for the future.”

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.

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Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

07 08 2024

Consensus HR’s research into current Employment Tribunal statistics | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #bedfordshirebusinesses, #hertfordshirebusinesses, #networkinbeds, #outsourcedHR #outsourcedEmploymentLaw @consensusHR, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

At Consensus HR, we like to continually keep track of statistics at Employment Tribunals (ET’s) within the UK and research into the current Employment Tribunal statistics n the UK has highlighted several key points:

Number of Claims and Backlog:

Between April and June 2023, the Employment Tribunal received 23,693 claims, with 33% being single claims and 67% multiple claims. This was consistent with the previous quarter’s figures. However, the number of claims disposed of decreased to 13,781 from 19,694 in the previous quarter. The backlog of cases increased slightly, standing at 470,898 by the end of June 2023 (Brodies LLP) (Acas).

Types of Claims:

The most common claims were for unlawful deductions from wages (6,161 claims) and breach of contract (5,786 claims) (Brodies LLP).

Representation and Outcomes:

In 2022/23, 60% of claimants had legal representation, a slight decrease from the previous year. Conversely, there was an increase in unrepresented claimants, with 31% having no representation.

The average award for unfair dismissal claims was £12,000 in 2022/23, despite the maximum compensatory award rising in April 2023 (Brodies LLP).

Discrimination Awards:

There were 300 discrimination cases with compensation awarded in 2022/23. The highest compensation was in a disability discrimination case, amounting to £1,767,869. Disability discrimination cases also had the highest average award at £45,435, followed by sex discrimination at £37,607 (Brodies LLP).

Regional Variations:

The number of claims varied slightly by region, with about 5% of claims raised in Scotland in June 2023 (Brodies LLP).

The backlog and ongoing delays remain significant issues within the tribunal system, affecting timely resolutions for claimants and respondents alike (The Law Society)

Our HR comment:

Consensus HR’s research into current Employment Tribunal statistics | Consensus HR in Herts & Beds

Matthew Chilcott, Owner of Consensus HR comments: “Consensus HR emphasises the importance for employers to ensure compliance with employment laws such as the Acas Code of Practice and to address workplace issues proactively and timely to avoid disputes when dealing with any incidents in the workplace. The information within this blog also highlights the need for better legal support for respondents (employers) and claimants (employees) and improvements in the tribunal system to handle the backlog efficiently, ensuring timely justice for all parties involved. Businesses should also remember that nobody likes to go to an ET, but should you have too, you need to ensure that you have everything ready for your defence. We always encourage our clients to work proactively, rather than reactively”

For more detailed insights, the Ministry of Justice, ACAS, and related sources provide comprehensive reports and statistical breakdowns on Employment Tribunal activities (Acas) (GOV.UK).”

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30 07 2024

The Worker Protection Bills | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #bedfordshirebusiness, #hertfordshirebusinesses, #networkinbeds, #outsourcedemploymentlaw, #outsourcedhumanresources, #protection, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, SME, SME's, stevenage, Worker

From October 2024 the Worker Protection (Amendment of Equality Act 2010) Bill will strengthen existing protection for workers against sexual harassment. The new law will place a new duty on employers to take ‘reasonable steps’ to prevent sexual harassment. Tribunals will have the power to increase compensation by up to 25% if they find an employer has breached this duty. 

The legal change has been much debated during its legislative journey and has undergone two significant changes. Originally, the bill was drafted so that employers were required to take ‘all reasonable steps’; some parties are unhappy with the final obligation for them to take ‘reasonable steps. In addition, the proposed reintroduction of a duty to protect workers against harassment by third parties was dropped.

While commentators are disappointed by what they perceive as a watering down of the new preventative duty, it’s still crucial that employers are aware of its impending introduction and are geared up to comply.

The CIPD’s response to the UK Government’s consultation set out our concerns on whether a new proactive statutory duty on employers would have the desired impact. Employers are already required under the law to take reasonable steps to prevent sexual harassment of workers by their colleagues. We also made the point that much more can be done to bridge the gap regarding current law and its effective implementation in the workplace.

However, now that the new duty is coming into force, it presents an important opportunity to build awareness and encourage compliance to prevent sexual harassment in workplaces. With this aim in mind, we welcome the planned updating of the EHRC’s technical guidance and Employment Code of Practice to reflect the preventative duty.

The first step is educating and raising awareness

The first step for employers is understanding what sexual harassment is and educating their workforce. ‘Harassment’ covers unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment is unwanted conduct of a sexual nature that has that effect.

The duty that would have made employers liable for third party harassment was dropped, which the CIPD thought was disappointing. However, it’s important to understand that the new preventative duty still requires employers to take reasonable steps to prevent sexual harassment by any perpetrator and that includes third parties such as customers, clients and members of the public.

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How employers can prevent sexual harassment

Employers should be proactive and systematic in how they prevent and tackle sexual harassment at work: this is not a ‘tick-box’ exercise, and employers will need to show evidence of the reasonable steps taken. To do so, they need to focus attention on a number of priority areas, as our guidance explains:

Organisational and cultural change: Senior leaders have a defining influence on the working culture and set the tone for expectations around behaviour and workplace civility. They need to embed and live the values and behaviour that underpin dignity, respect and inclusion.
Policies and procedures: A formal policy won’t change culture on its own but it’s still important to have written policies and guidance. These should define sexual harassment, give examples of what it is and outline everyone’s responsibilities for preventing and tackling it. These can be used to promote the organisation’s commitment and practices to prevent and educate the workforce about sexual harassment. Given its sensitive and potentially complex nature, organisations may wish to consider dealing with harassment under a separate procedure.
Training and development: There should be regular training sessions for all staff so that they understand what sexual harassment is and their role in preventing/addressing it.
Reporting channels and investigating: There need to be well-promoted reporting channels for complaints and the organisation needs to respond to these promptly, fairly and thoroughly. Any evidence of discriminatory behaviour or harassment among staff needs to be investigated and acted on swiftly and a clear message sent out that such behaviour will not be tolerated.
People management capability: Line managers play an important role in identifying, challenging and dealing with unfair treatment including sexual harassment. They need to have the training, education and guidance to give them the confidence to tackle sexual harassment.
Monitoring and review: Monitoring the gender diversity of the workforce at every level, including for recruitment and promotion, will help to highlight if there is any potential discrimination or harassment on grounds of gender. Staff attitude surveys will enable the organisation to collect feedback in areas like gender equality and bullying and harassment.

Our HR comment:

The Worker Protection Bills | Consensus HR in Herts & Beds

Matthew Chilcott, Owner of Consensus HR comments: “This bill has long been talked about by Labour and especially the issue in relation to sexual harassment which we have written about many times. We hope at Consensus HR businesses will ensure that all the team are adequately trained and the businesses culture reflects one where everybody is treated correctly and made to feel part of the team for the success of the business and employees.”

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24 07 2024

UK Government says workers ‘need to be able to switch off’ | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General @sg1businessclub, #bedfordshirebusiness, #consensus hr, #consensushr, #Employment Contract, #employmentlaw, #hertfordshirebusinesses, #networkinbeds, #ourtsourcedHR, #workinghours, bedfordshire, Business, Business Owners, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

‘need to be able to switch off’

Downing Street has defended plans to give employees the right to switch off from work messages outside office hours. The new government is received out of hours, without fear of reprisals. The proposals, being spearheaded by Deputy Prime Minister Angela Rayner, have faced backlash from businesses and the Conservatives. However, Sir Keir Starmer’s spokeswoman insisted that the plans could increase productivity in Britain. The government’s plans will come in the form of non-binding guidance in a new code of practice for businesses. The TUC has welcomed the plans, stating that no one should be pushed to the brink because of their job. The No10 spokeswoman confirmed ministers were examining models that “support productivity and work flexibility” but said it would be down to individual employers to act. “The government is committed to making work pay and ensuring that working people are protected from exploitative practices and also are supported to ensure that employers are assisting them to be as productive as possible,” she said, adding “We know that, and indeed good employers understand that, for workers to stay motivated they need to be able to switch off. That is good for productivity but of course situations may vary, and people work in different fields and there are circumstances where people do need to be contacted out of hours. ‘That is why there is wider work looking at this issue and different models that we have seen in different countries and looking at this issue more broadly. “Exploring plans to allow workers to avoid emails, texts, and phone calls

Daily Mail

The i

Potential Benefits

Improved Employee Wellbeing: Allowing workers to switch off can significantly reduce stress and burnout, leading to healthier and more productive employees.
Increased Productivity: A well-rested workforce is often more productive and motivated during working hours.
Better Work Relationships: Clear boundaries between work and personal life can improve overall job satisfaction and employee retention.

Potential Challenges

Implementation Costs: Businesses might incur costs in implementing new systems and policies to ensure compliance with the right to disconnect.
Resistance from Employers: Some employers may resist such changes, particularly if they rely on flexibility from their workforce outside standard hours.
Monitoring Compliance: Ensuring all businesses adhere to the new regulations could be challenging and require robust monitoring mechanisms.

Our HR comment:

UK Government says workers ‘need to be able to switch off’ | Consensus HR in Herts & Beds

Matthew Chilcott, Owner of Consensus HR comments, “The UK Government’s stance on allowing workers to “switch off” reflects a growing recognition of the importance of work-life balance. If implemented and following the non-binding Code of Practice, these changes could reshape employment cultures significantly, emphasising employee wellbeing and sustainable work practices.

At Consensus HR, we always advice our clients to not be contacting member of the team, regardless of role when not working as this is their time! However, in exceptional circumstances, it may need to happen, but managers / businesses should keep a record of when this is happening and why and take the appropriate action as it should always be the exception and not the norm! If it becomes the ‘norm’, the management of the company need to fully investigate for the benefit of the team’s welfare.”

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23 07 2024

Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #bedfordshirebusiness, #consensus hr, #consensushr, #hertfordshirebusinesses, #HRAdvice, #HRSupport, #networkinbeds, #sexual discrimination, #sexual harassment, #sexualharassment, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

The Equality and Human Rights Commission (EHRC) has released updated guidance on the new sexual harassment legislation, which takes effect on October 26, 2024. This new guidance introduces a mandatory duty for employers to take “reasonable steps” to prevent sexual harassment in the workplace. Key points include:

1. Preventative Duty:

Employers must actively prevent sexual harassment by their own employees as well as third parties, such as clients and customers. This duty does not extend to other forms of harassment or discrimination under the Equality Act 2010 (Clyde & Co) (DLA Piper).

2. Enforcement and Compensation:

If an employer fails to meet this preventative duty, they could face enforcement actions by the EHRC. Additionally, employment tribunals can increase compensation by up to 25% in successful sexual harassment claims where the employer is found to have breached this duty (Equality and Human Rights Commission) (DLA Piper).

3. Reasonable Steps:

What constitutes “reasonable steps” will vary depending on the size and resources of the employer. Steps may include conducting risk assessments, updating policies, training employees, and implementing effective reporting mechanisms (Equality and Human Rights Commission)

4. Consultation:

The EHRC is currently seeking feedback on the updated guidance, with the consultation period running until August 6, 2024 (DLA Piper).

Our HR comment:

Our Comments: – Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

Matthew Chilcott, Owner of Consensus HR comments: “We have written a number of blogs on this subject which can be seen below, and Employers are advised to proactively assess risks and implement measures to prevent sexual harassment, ensuring compliance with the new legal requirements by the October 2024 deadline whilst ensuring behaviours within their companies and its culture follows best practice and the law.”

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22 07 2024

Liz Kendall, Work and Pensions Secretary sets out details of Back to Work Plan | Consensus HR in Herts, Beds.

Matthew Chilcott Blog, Employment Law, General, Performance Management, Recruitment @sg1businessclub, #backtowork, #backtoworkplan, #bedfordshirebusinesses, #consensus hr, #consensushr, #hertfordshirebusinesses, #networkinbeds, #returntowork, #sickness, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

The UK government recently unveiled details of its “Back to Work Plan” aimed at reducing long-term unemployment and supporting those with disabilities or long-term health conditions. The plan, announced by the Work and Pensions Secretary, includes several key initiatives to help people get off benefits, stay healthy, and secure employment.

Key components of the plan include:

Enhanced Employment Support: The government is expanding programs like NHS Talking Therapies and Individual Placement and Support (IPS) to provide more comprehensive support for those seeking work (Recruiter) (Express.co.uk).
Reform of Work Capability Assessments: Changes are being made to the Work Capability Assessment process to better evaluate and support individuals with disabilities or health conditions. This aims to ensure more accurate assessments of individuals’ abilities to work and to provide appropriate support (RNIB).
Intensive Job Coaching and Training: Unemployed claimants will receive regular support from work coaches. If they remain unemployed, they will be referred to the Restart scheme, which offers 12 months of intensive training. Persistent unemployment may lead to mandatory work placements or other activities designed to improve employability (RNIB).
Youth Employment Guarantee: The plan includes a guarantee for young people aged 18 to 21, providing opportunities for training, apprenticeships, or job placements (Express.co.uk).
Integration of Services: The plan aims to merge Jobcentre Plus and National Careers Services to create a more streamlined and effective support system for job seekers (Express.co.uk).

(Recruiter) (Express.co.uk).

Our HR comment:

Our HR Comment: – Labour to hold bad employers accountable, says TUC chief | Consensus HR in Herts & Beds

Matthew Chilcott, Owner of Consensus HR comments: “We have written a couple of blogs pre- and post-Election and many of the points raised in this article are what we have written about and highlights what we have always said at Consensus HR, businesses have nothing to worry about if they are working to best practice and the law and that is what we do with our clients.”

Here are our previous blogs on the subject:

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