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01 10 2024

Black History Month 2024 – October | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #bedfordshirebusinesses, #consensushr, #equality, #equalityact2010, #equalityanddiversity, Business, Business Owners, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Celebrating Diversity and Promoting Equality:

Black History Month 2024 – October | Consensus HR in Herts & beds

As we celebrate Black History Month 2024, it’s essential to reflect on the progress made in fostering equality, as well as the work still needed to create truly inclusive workplaces. Black History Month serves as a time to recognise the contributions, achievements, and struggles of the Black community in the UK and around the world. It is a powerful reminder of the importance of diversity in every aspect of society, including the workplace.

At Consensus HR, we strongly believe in the importance of creating an environment where everyone, regardless of race, can thrive and feel valued. This commitment is reflected in the UK’s Equality Act 2010, which serves as a fundamental piece of legislation to protect individuals from discrimination in the workplace and beyond.

Race as a Protected Characteristic:

Race is one of the nine protected characteristics under the Equality Act 2010. This means that employers are legally required to ensure that employees are not discriminated against based on their race, which includes their skin colour, nationality, ethnic or national origin. Any form of discrimination—whether direct or indirect—is unlawful under this legislation.

At Consensus HR, we work closely with businesses to help them meet their legal obligations, ensuring policies and practices are not only compliant with the law but also supportive of creating a positive and inclusive work culture. While legislation like the Equality Act provides the legal framework, it’s up to businesses and their leadership to foster environments where diversity is celebrated, and everyone feels empowered to contribute.

How the Equality Act 2010 Protects Against Racial Discrimination:

The Equality Act 2010 covers various forms of discrimination, such as:

Direct discrimination: Treating someone less favourably because of their race.
Indirect discrimination: Applying a rule or policy that, although neutral, disproportionately affects individuals of a certain race.
Harassment: Creating an intimidating, hostile, or offensive environment for someone because of their race.
Victimisation: Treating someone unfairly because they have made or supported a complaint about racial discrimination.

Promoting Diversity in the Workplace:

Beyond complying with the Equality Act 2010, organisations can take proactive steps to ensure racial diversity is embraced within their teams. This includes:

Training and Awareness: Ensuring that all employees, especially managers, are aware of unconscious bias and how it can affect hiring, promotion, and day-to-day interactions.
Inclusive Policies: Reviewing recruitment and promotion practices to remove any potential biases and encouraging applications from a diverse range of candidates.
Support Systems: Implementing support networks or mentoring programmes to help employees from minority groups feel supported and to promote career development.

In celebrating Black History Month, we acknowledge that fostering an inclusive workplace is not just about avoiding discrimination—it’s about actively embracing the diversity that strengthens businesses. By valuing different perspectives and creating an environment where everyone is treated with respect, businesses can drive innovation, creativity, and success.

At Consensus HR, we are here to assist businesses in navigating the complexities of employment law and in creating workplaces that reflect the rich diversity of society. Let’s use this month as an opportunity to take further steps towards equality and inclusion, ensuring that race and other protected characteristics are always respected in the workplace.

Celebrating the International Day of Peace: Building Harmony in the Workplace | Consensus HR in Herts & Beds

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Tesco 'Fire and Rehire' Case: A Major Win for Workers' Rights | Consensus HR in Herts & Beds

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

28 05 2024

Muir v AstraZeneca UK Ltd – Discrimination: Disability | Consensus HR in Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Contracts, Employment Law, General #bedfordshirebusinesses, #caselaw, #consensus hr, #consensushr, #equalityact2010, #equalityanddiversity, #hertfordshirebusinesses, bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Latest blog: Case Law

Case Summary:

In the case of Muir v AstraZeneca UK Ltd, the primary issue revolves around alleged disability discrimination. Mr. Muir, an employee of AstraZeneca, claimed that he was discriminated against due to his disability. The case was brought before the Employment Tribunal (ET) to determine whether AstraZeneca had unlawfully discriminated against Mr. Muir under the Equality Act 2010.

Key Legal Framework:

Equality Act 2010: This act consolidates previous anti-discrimination laws and provides a legal framework to protect individuals from unfair treatment and promotes a fair and equal society. Under the act, disability is one of the protected characteristics, and discrimination on the grounds of disability is prohibited.

Types of Disability Discrimination:

Direct Discrimination: Treating someone less favourably because of their disability.
Indirect Discrimination: A policy or practice that applies to everyone but particularly disadvantages people with a disability.
Discrimination Arising from Disability: Treating a disabled person unfavourably because of something connected with their disability.
Failure to Make Reasonable Adjustments: Not making adjustments to accommodate a disabled person’s needs.

Facts of the Case:

Mr. Muir was an employee at AstraZeneca and had a recognised disability.
He alleged that AstraZeneca failed to make reasonable adjustments to accommodate his disability.
He claimed that he faced unfavourable treatment directly linked to his disability.
Specific incidents or policies were cited by Mr. Muir as evidence of discrimination.

Tribunal Findings:

Reasonable Adjustments: The ET examined whether AstraZeneca had made sufficient efforts to adjust the work environment or practices to support Mr. Muir. This includes evaluating whether adjustments were reasonable and adequately addressed the challenges posed by Mr. Muir’s disability.
Unfavourable Treatment: The tribunal considered whether the treatment Mr. Muir experienced was directly connected to his disability and whether it constituted less favourable treatment compared to non-disabled employees.
Employer’s Defence: AstraZeneca would have the opportunity to present their case, demonstrating either that they had made reasonable adjustments or that any treatment Mr. Muir experienced was justified and not discriminatory.

Outcome:

The tribunal’s decision would hinge on whether AstraZeneca met the legal requirements under the Equality Act 2010. If the tribunal found that AstraZeneca failed to make reasonable adjustments or treated Mr. Muir unfavourably due to his disability, it could rule in favour of Mr. Muir. Remedies could include compensation for injury to feelings, loss of earnings, and an order for AstraZeneca to implement appropriate adjustments.

The judgment of the Tribunal is that:

(1) The complaint of unfair dismissal is well founded which means that it is successful.

(2) The complaint of wrongful dismissal/notice pay is well founded which means that it is successful.

(3) The complaint of disability discrimination because of something arising in consequence of disability contrary to section 15 Equality Act 2010 is well founded which means that it is successful. Case No: 2405955/2021 2

(4) The case will now proceed to a remedy hearing on a date to be advised where the quantification of the claimant’s loss will take place and for which a Notice of Hearing will be sent separately to the parties.

To read the full case, Click Here.

Muir v AstraZeneca UK Ltd - Discrimination: Disability | Consensus HR in Herts, Beds

Our HR comment:

Matthew Chilcott comments: “This case highlights the critical responsibilities employers have under the Equality Act 2010 to support employees with disabilities. It underscores the importance of making reasonable adjustments and ensuring that workplace practices do not disadvantage disabled employees. The outcome serves as a reminder to organisations to review their policies and practices regularly to promote an inclusive and supportive work environment.”

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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.

03 04 2024

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

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

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

The Daily Telegraph

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

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

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

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

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20 03 2024

UK falls down the rankings in Women in Work Index | Consensus HR | Herts, Beds

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusinesses, #consensushr, #equality, #equalityact2010, #equalityanddiversity, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

The UK has slipped four places — from 13th to 17th, the largest annual fall in rankings experienced by any Organisation for Economic Co-operation and Development (OECD) country this year — in the annual Women in Work Index compiled by PricewaterhouseCoopers (PwC).

The Index, which assesses progress made towards achieving gender equality at work across 33 OECD countries, also finds that the UK’s gender pay gap has widened by 0.2%, making it higher than the OECD average and more than half of the other 32 countries assessed on the Index.

It can be found on the PwC website.

Luxembourg, Iceland and Slovenia are currently the best performing with Scotland being the UK’s top performing region, jumping from third place to first.

PwC UK Economist, Tara Shrestha Carney, said: “While a fall in rank is never good news, it’s important to note that the UK’s declining position on the Index is not necessarily because the UK is doing worse, but because other countries are doing things better and faster when it comes to achieving gender equality at work.”

Clearly, though, she went on, progress is too slow. Over the last decade, the UK has consistently lagged behind the OECD in this area and, at the current rate of progress, it will take nearly half a century to close the UK gender pay gap.

The report finds that, even after accounting for a range of pay-determining factors, the pay disparity between women and men in the UK still persists with women earning almost a tenth less than men on average.

This “gender pay penalty” worsens with age, with women between the ages of 46 and 65 experiencing more than twice the gender pay penalty than that of women between 16 and 30 years. Indeed, while a woman entering the workforce faces a pay penalty of around 5.2% on average, this widens to nearly 13% as her career unfolds.

The report highlights the “motherhood penalty”, with women taking on an unequal share of childcare responsibilities, as a key driver.

This is compounded by men often having more time available to perform so-called “greedy jobs”, which demand unpredictable and longer hours and tend to be more highly paid.

Our HR Comment: – UK falls down the rankings in Women in Work Index | Consensus HR | Herts, Beds

Matthew Chilcott, FCIPD, ACEL Owner of Consensus HR comments: “This article is very interesting in relation to our rating slipping four places to 17 and highlights the need for businesses to ensure that they are acting fully on their equality policy as well as working to best practice in all areas of HR such as Recruitment.

Here are a few of our previous blogs written on the subject which can be read by clicking on the heading:

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07 03 2024

Ayche v The Hop Box Ltd – Disability discrimination: Reasonable adjustment | Consensus HR – Herts, Beds

Matthew Chilcott Blog, General #bedfordshirebusiness, #consensus hr, #consensushr, #discrimination, #equalityact2010, #hertfordshirebusinesses, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Summary:

It is an employer’s duty to make a reasonable adjustment to alleviate a disadvantage placed on a disabled worker by a provision, criterion or practice because of their disability. An employer cannot rely on a worker’s own actions as sufficient to fulfil this duty.

Full details of the case can be found by Clicking Here

Note for employers

This case serves as a useful reminder that the obligation to make a reasonable adjustment is firmly on the employer, and it is not enough to simply rely on the employee to find an appropriate “workaround” to a PCP that puts them at a substantial disadvantage because of their disability.

In this case, had the respondent gone back to the claimant regarding the mask, and queried how the claimant was finding having to wear one, it would have become apparent that the mask was not being worn as intended and therefore a more suitable adjustment would have to have been found. By seemingly moving on from the matter without fully dealing with it, the respondent failed to discharge its duties under the EqA and must now wait to hear the outcome of this case, and if any compensation will be owed to the claimant.

LAW

Section 20(1), (2) and (3) of the Equality Act 2010 (EqA) puts employers under a duty to make reasonable adjustments where a provision, criterion or practice (PCP) of the employer’s puts a disabled person at a substantial disadvantage in comparison with persons who are not disabled. The employer must take whatever reasonable steps are necessary to alleviate this disadvantage.

When considering a claim of failure to make reasonable adjustments, an employment tribunal has to first identify whether there is a PCP in place, and if it determines that there is, whether or not the employer put in place reasonable adjustments to ensure this did not substantially disadvantage a disabled worker where a non-disabled worker would not be.

FACTS

The claimant was engaged for two days of work as a server by the respondent. As the timing of the facts of this case fell in October 2020, when measures were still in place in the UK as a result of the Covid pandemic, the risk assessment for the event said that masks should be worn. This risk assessment, however, gave no consideration for those who were unable to wear a mask because of a disability.

The claimant initially did not wear a mask, due to suffering from asthma and the effects of a previous brain tumour. He was seen not wearing a mask by the respondent. The respondent suggested that the claimant swap with another worker who was preparing food, but this idea was dismissed as the claimant did not have sufficient knowledge to complete the preparations needed. Instead, the claimant put on the mask.

From the point of being asked to wear the mask, the claimant did so. However, when the respondent was not around, he wore the mask under his nose and would only put it on properly when someone in authority was nearby.

The claimant brought a claim of failure to make a reasonable adjustment to accommodate his disabilities.

EMPLOYMENT TRIBUNAL (ET)

The ET started by examining the facts of the case so as to identify if there was a PCP that put the claimant, because of his disability, at a disadvantage. It found that the requirement to wear a face mask when serving disadvantaged the claimant and that disadvantage was clearly attributable to his disability. A non-disabled person would not have an issue with wearing a mask in the same role.

The ET then had to consider if a reasonable adjustment was made to alleviate the disadvantage caused by the PCP. It held that the claimant’s decision to wear the mask but not to do so over his nose (except when he was concerned that persons of authority may be in the vicinity) alleviated the disadvantage caused to him entirely. The claimant’s complaint that he felt coerced by the respondent to wear a mask was rejected, on the basis that the claimant did not have to work the second day of the event but chose to.

In coming to the conclusion that the adjustment was reasonable, the ET noted that it is necessary to strike a balance between the reasonable needs of the disabled person for an adjustment on the one hand, and the reasonable needs of the employer on the other. In striking this balance, it had to consider if the steps to alleviate the disadvantage would be effective, the cost to the employer of them and the extent of the disruption that would be caused to the employer’s business in making the adjustment.

It was accepted by the ET that the claimant was exempt from wearing a mask, however it stated that “…[this] does not give him an untrammelled right to work at an event such as the Peddler Market without a face covering as the reasonable needs of the employer have to be taken into account”. Before it, the respondent had given what the ET felt to be “compelling evidence” that it was difficult enough to get the general public to wear a face covering, and that would only get worse if the claimant were to be permitted to not wear one whilst working in a public area, and that these difficulties could result in the respondent losing its licence to operate events.

Ultimately, the ET concluded that the respondent had made a reasonable adjustment for the claimant by permitting him to wear the covering below his nose other than when he saw a person in authority.

The claimant appealed against this on the basis that as the respondent was unaware of this adjustment, it did not meet its duty to make a reasonable adjustment.

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EMPLOYMENT APPEAL TRIBUNAL (EAT)

In reviewing the case, the EAT determined that the ET had misunderstood the facts, and this led to it finding as it did. It is apparent from the judgment that the ET had concluded that the respondent was aware of the claimant’s self-imposed reasonable adjustment of only wearing the mask properly when the respondent or its representatives were around, when in fact both parties to this case agreed that the respondent did not have this knowledge.

The EAT held that the result of this fundamental misunderstanding was that the ET had not properly considered the true facts in the case. Therefore, it held that it should be remitted to the same ET to re-determine the reasonable adjustments claim, and whether or not a reasonable adjustment had been applied to alleviate the impact of the PCP.

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26 02 2024

Menopause symptoms can be considered a disability

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Investigations #bedfordshirebusiness, #consensushr, #equalityact2010, #equalityanddiversity, #hertfordshirebusinesses, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, menopause, Small Business, SME, SME's, stevenage

The Equality and Human Rights Commission (EHRC) issued the guidance to clarify the legal obligations to workers going through the menopause.

Symptoms can include hot flushes, brain fog and difficulty sleeping.

The EHRC said bosses should offer changes such as providing rest areas or flexible hours to help.

Relaxing uniform policies to allow women to wear cooler clothes could also help.

Menopause marks the end of a woman’s menstrual cycle, and usually happens in her 40s or 50s.

Failing to make “reasonable adjustments” amounts to disability discrimination under the Equality Act 2010 if the symptoms have a “long-term and substantial impact” on a woman’s ability to carry out their usual day-to-day activities, the EHRC said.

A video explaining the guidance says: “The costs of failing to make workplace adjustments for staff can run into hundreds of thousands of pounds when taking into account the loss of talent and costs of defending a claim.”

What is the menopause and what are the signs?

The EHRC cited research showing that one in 10 women surveyed who worked during their menopause were forced to leave their job due to the symptoms.

Two-thirds of women between the ages of 40 and 60 experienced menopausal symptoms at work, which largely had a negative impact. Very few asked for adjustments during this time because they were concerned about the potential reaction, it added.

The EHRC adds that taking disciplinary action against women for a menopause related absence could amount to discrimination, and that language that ridicules someone’s symptoms could constitute harassment.

EHRC chairwoman Baroness Kishwer Falkner said the watchdog was “concerned both by how many women report being forced out of a role due to their menopause-related symptoms, and how many don’t feel safe enough to request the workplace adjustments”.

She added that employers “may not fully understand their responsibility to protect their staff going through the menopause”, and that the new guidance had been issued to provide advice on how they can support their staff.

By Ali Abbas Ahmadi – BBC News

Our HR Comment: – Menopause symptoms can be considered a disability and employers face being sued if they do not make “reasonable adjustments”, a watchdog has said. |Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is another very interesting article on the Menopause and what many women suffer during their life’s and is a subject that until recently has never really been discussed generally in business. However, as this article from the BBC demonstrates, in extreme circumstances where is has not been managed correctly and best action taken such as thorough investigations into why a member of the team may not be performing it can result in some very severe financial and reputable consequences for the business. In this situation and as explained by the BBC, it would be covered by the Equality Act 2010 and full information on this act can be found in the Equality Act 2010 guidance and Definition of Disability under the Equality Act 2010

You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

What ‘substantial’ and ‘long-term’ mean

‘substantial’ is more than minor or trivial, e.g. it takes much longer than it usually would to complete a daily task like getting dressed.
‘long-term’ means 12 months or more, e.g. a breathing condition that develops as a result of a lung infection.

Organisations need to remember that employees are entitled to make a Disability claim from day one of employment and awards are unlimited.”

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05 01 2024

Government amends Equality Act to ensure rights continue | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusinesses, #consensushr, #equalityact2010, #equalityanddiversity, #hertfordshirebusinesses, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

The Equality Act 2010 (Amendment) Regulations 2023, which came into force on 1 January 2024, maintain the effects of certain retained EU law in relation to several aspects of the 2010 Act.

The new Regulations, which can be found here, amend the Equality Act 2010 to ensure that current rights continue given that the interpretive effects of EU law on the UK’s statute book were removed, at the end of 2023, by the Retained EU Law (Revocation and Reform) Act 2023. Employment Law is always changing and we discuss this on our website.

In particular, they reproduce effects deriving from the following EU law as it has been interpreted in case law:

Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (the Race Directive)
Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (the Framework Directive)
Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services.
Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (the Recast Directive)

The new Regulations list and take account of several rulings by the European Union’s Court of Justice (CJEU) which have an impact in areas including pregnancy, maternity and breastfeeding; indirect discrimination; access to employment; disability; and comparators for purposes of equal pay.

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Our HR Comments: – Government amends Equality Act to ensure rights continue | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is an interesting amendment to the Equality Act 2010 which was introduced in October and demonstrates how, since Brexit and leaving the EU, how current EU law is being changed / adapted to fit into the UK legal system and I am sure is the start of many as discussed and promised by the Government.

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08 11 2023

Early years specialist awarded £800k pay-out following unfair treatment | Consensus HR | Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Investigations, Recruitment, Redundancy #bedfordshirebusinesses, #equality, #equalityact2010, #hertfordshirebusinesses, #outsourcedhumanresources, #outsourcing, #unfairdismissal, bedfordshire, Business, Business Owners, employment law, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

An early year’s specialist, Mrs J Healey, has been awarded an £800,000 pay-out after being unfairly treated and dismissed by Lancashire County Council. Mrs Healey, who was diagnosed with cancer in 2014, was absent from work for long periods due to treatment. The council’s restructuring of its early years team in 2018 affected her role, leading to Mrs Healey’s belief of unfair treatment and discrimination. The employment tribunal panel ruled that Mrs Healey had been unfairly dismissed and discriminated against, as the council required her to reapply and compete for a role she had already been performing since 2012. The panel found that the interview process amounted to unfavourable treatment due to her disability. Mrs Healey was awarded compensation of £800,713.59, including loss of earnings and pension. The council has not yet commented on the ruling.

BBC News

Our HR comment: Early years specialist awarded £800k pay-out following unfair treatment | Consensus HR | Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: – “Wow! £800,000. Award for unfavourable treatment due to a disability. This unfortunately is a prime example of when a company, a public Council in this instance does not manage sickness / absence appropriately and in view of the circumstances. At Consensus HR, we always work with our clients to ensure that in all situations, the appropriate investigations take place for all HR scenarios and to identify if there are any mitigating circumstances. This is an interesting case to read and full details can be found by clicking here and reading the outcome of the Employment Tribunal in Manchester. Employers and managers must ensure that they investigate fully in such circumstances or as in this situation and as previously discussed in numerous blogs, this was covered by the Equality Act 2010 (EqA) and unfair dismissal. Claims for discrimination under the EqA can be made from day one of employment and result in uncapped awards.”

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26 09 2023

FCA proposes new diversity and misconduct rules | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Recruitment, Training & Development #equalityact2010, #equalityanddiversity, #FSA, #outsourcing, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

The Financial Conduct Authority (FCA) and Prudential Regulation Authority have set out proposals to boost diversity and inclusion across the financial services industry. The rules would require large banks and insurers to report diversity and inclusion data to regulators and set new targets to address under-representation. In a consultation paper, the bodies say firms would have to develop a diversity and inclusion strategy setting out how they will meet their objectives and goals. They would also be expected to collect, report and disclose data on characteristics such as disability and ethnicity of staff, while factors such as socio-economic background and gender identity may also be logged. Bank of England deputy governor Sam Woods said: “The proposals set flexible, proportionate minimum standards to raise the bar, placing more requirements on larger firms.” Nikhil Rathi, chief executive at the FCA, said: “UK financial services has long been a magnet for best-in-class talent globally. Increasing levels of diversity within firms can help attract and unlock talent, supporting the sector’s international competitiveness.”

Our HR Comment – FCA proposes new diversity and misconduct rules | Consensus HR – Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is a great proposal to hear to hear from some great financial institutions but is something we believe at Consensus HR that all companies should have to do as everybody should be treated equally. The Equality Act – October 2010 is the law when it comes to equality and diversity in the workplace and all companies regardless of sector or size MUST adhere to this. At Consensus HR we ensure all our clients have best practice, legal and user-friendly tools to ensure all the team are treated equally and the opportunity to call / email us at any time should advice be needed.”

Here are a few of our previous blogs written on the subject:

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If you employ a team, in any business sector and wish to ensure that you are working to best practice and the law when it comes to diversity and inclusion or any area of HR and need support, give us a call now.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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22 09 2023

New coalition aims to shatter glass ceilings in the construction industry | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Contracts, Employment Law, General, Recruitment #diversity, #equality, #equalityact2010, #equalityanddiversity, #hertfordshirebusinesses, #outsourcing, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Leading organisations in the construction industry have launched a coalition called the Construction Inclusion Coalition to tackle the lack of diversity in the sector. The group, which includes Travis Perkins, The Wolseley Group, and Ibstock, aims to address sexism and encourage more diverse recruitment. A recent poll conducted by the coalition found that only one third of Britons would feel confident their female family or friends would be safe and respected in the industry. The coalition is urging businesses to join the initiative and take the Built on Better Pledge, which outlines measures to attract a more diverse workforce. Mark Reynolds, co-chair of the Construction Leadership Council, said that equity, diversity, and inclusion are vital for the future of construction. Simon Oakland, Wolseley chief executive, emphasised the importance of attracting a more diverse range of people to the construction sector.

Daily Mail

Our HR comment: – New coalition aims to shatter glass ceilings in the construction industry | Consensus HR – Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “Wow! What a fantastic and interesting article in the Daily Mail this week in relation to the Construction industry and tackling the lack of diversity in the sector! Diversity and inclusion is a subject we continually write blogs about and the business world has seen many examples of bad diversity in the workplace and it is great to see this initiative by members of the construction industry.

Here are a view of our previous blogs on the subject:

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At Consensus HR, Diversity & Inclusion is just one of the areas of HR that we deal with on a daily basis and if you wish to discuss how you can ensure your business works to best practice and the law and is an employer of choice, give us a call now.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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From automation to job creation: UK firms embrace AI and robotics | Consensus HR – Herts, Beds

15 09 2023

Home office plans to impose strict vetting on diversity training courses | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Law, General #diversity, #equalityact2010, #equalityanddiversity, #outsourcing, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

The Home Office is planning to introduce stricter vetting for diversity training courses following criticism that the department has given in to “woke” culture. TheGuardian claims to have seen leaked documents that reveal that the department intends to halt courses that promote policies contrary to the Government’s stance, including critical race theory. Instead, senior managers will have the power to determine the compulsory or voluntary nature of diversity and inclusion courses, as well as whether they can be attended during work hours. The proposals have raised concerns among Whitehall insiders, who believe they contradict the department’s commitment to diversity and inclusion training. The proposals suggest that diversity training should align with home Office priorities, such as reducing crime and strengthening homeland security. The move follows recent headlines accusing the Home Office of being influenced by progressive politics.

The Guardian

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “What an interesting article when it comes to training for the team and in this case diversity and inclusion training. In this scenario and with this topic everyone within the team should be required to attend and all work to best practice and the law which in this case would be The Equality Act 2010. Recent news and many of the blogs we have written have involved diversity and it surprises me how the Home Office can put the onus on the management team to decide if it is voluntary or compulsory rather than the Home Office as a whole ensuring everyone is trained in the vital area.”

Here are a few of our previously written blogs on the subject:

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If you have long term sickness within your business and would like to talk to somebody about the best way to manage it to best practice and the law, give us a call now.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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Anti-Slavery Day | Consensus HR in Herts & Beds.

07 09 2023

Young workers prioritise diversity initiatives | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Contracts, General, Investigations, Recruitment, Redundancy, Training & Development #equality, #equalityact2010, #GenZ, #outsourcing, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage, Training

Almost three-quarters of the youngest workers want their employer to prioritise diversity initiatives, according to a global study by Ernst & Young. The study surveyed 5,000 adults aged between 18 and 26 years old across the US, UK, Germany, Singapore, and India. It revealed that while most baby-boomers don’t consider a company’s focus on diversity, equity, and inclusion (DEI) when applying for jobs, almost three-quarters of Gen Z workers want their employer to prioritise it. The survey highlighted some of the broader concerns about organisational cultures: 94% of employees said that there was some level of inequity within their workplace amid concerns over equitable pay, performance evaluation and work assignments. Karyn Twaronite, global vice chair of diversity, equity, and inclusiveness for EY, emphasized the importance of DE&I in today’s political and economic climate, stating that it remains a key workplace expectation and a competitive advantage for businesses.

Bloomberg

Our HR comment:- Young workers prioritise diversity initiatives.

Matthew P Chilcott – FCIPD, ACEL, Owner of Consensus HR comments: “When I read this article today, it was great to see that the report demonstrates that the younger generation are fully considering diversity, equity and inclusion when applying for jobs and the importance they see in it, in today’s organisations / business. We have written many blogs / HR updates on this subject and ensure all our clients are kept up to date at all times of current legislation and cases that have been won and Precedents set and ensure they work to best practice and the law. Some recent examples is the Menopause and Flexible Working and the new legislation that has now gained approval through the Government and soon to be launched. At Consensus HR, we like to be on top of law changes and implement as soon as possible through our Contracts, Employee Handbooks and use of our Partnering IT product, Breathe HR.

Here are just a few of our written blogs on the subject

Contact us now

If you need support on Diversity training for your team, give us a call today.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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

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