HR Advice

16 04 2024

Stress Awareness Month | Consensus HR in Herts, Beds

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

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

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

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

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

free online learning
talking toolkits
risk assessment templates and examples

Stress Awareness Month | Consensus HR in Herts, Beds

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

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

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

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

Click Here

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

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

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15 04 2024

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

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

Latest blog:

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

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

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

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

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

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

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

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

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

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

Other recent Employment Tribunal cases include:

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

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

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

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

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

When is workplace banter ok?

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

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

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

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

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

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

Click Here

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

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

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10 04 2024

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

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

Latest blog – Case Law:

Summary:

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

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

Facts:

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

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

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

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

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

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

Note for employers

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

Law:

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

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

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

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

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

Employment Tribunal (ET):

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

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

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

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

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

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09 04 2024

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

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

Latest blog:

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

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

Daily Telegraph

Our HR comment:

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

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

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08 04 2024

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

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

Did you know? April is Stress Awareness Month:

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

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

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

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

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

They are:

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

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

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

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

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

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

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

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

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

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

HSE – 4-04-24

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05 04 2024

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

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

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

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

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

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

If in doubt, give us a shout!

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

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

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

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

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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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02 04 2024

Monthly HR blog Newsletter – April 2024 | Consensus HR, Herts, Beds

Matthew Chilcott Blog, Employment Law, General, Newsletter #bedfordshirebusinesses, #outsourcedemploymentlaw, Business, Business Owners, employment law, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Welcome

In this months blogs recap from a selection of our March 2024, blogs we discuss:

Hilton Foods Solutions Ltd v Wright – Parental leave: Detriment for seeking to take | Consensus HR | Herts, Beds
Our Employment Law Newsletter – March 2024
Workplace mental health service firm faces investigation
Ayche v The Hop Box Ltd – Disability discrimination: Reasonable adjustment

Hilton Foods Solutions Ltd v Wright – Parental leave: Detriment for seeking to take | Consensus HR | Herts, Beds

To be protected against suffering a detriment for seeking to take parental leave, an employee does not formally have to apply to take the leave.

Note for employers:

This provides useful clarity on a particular point of law, and with family related rights under the spotlight as new entitlements are given and existing ones are changed, anything that makes the management of these clearer would be welcomed by employers.

As a result of this case, employers should bear in mind that the protection offered under the regulations arise even where an informal request or indication to make one has been made, and that this protection applies before two years’ service is reached. Employees who make such enquiries or indications should be treated reasonably and fairly both in relation to their leave request and in any other unrelated proceedings or processes that are undertaken.

Our Employment Law Newsletter – March 2024

Welcome to our latest employment law newsletter. In this newsletter, we are focusing exclusively on the changes that will come into force in April 2024.

Workplace mental health service firm faces investigation | Consensus HR | Herts, Beds

Claims about one of the UK’s biggest providers of workplace mental health services are to be investigated by the British Association for Counselling and Psychotherapy (BACP), it has said. BBC Radio 4’s File on 4 programmes has heard allegations that calls from vulnerable people to Health Assured were not always handled properly.

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

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.

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28 03 2024

Hilton Foods Solutions Ltd v Wright – Parental leave: Detriment for seeking to take | Consensus HR | Herts, Beds

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

To be protected against suffering a detriment for seeking to take parental leave, an employee does not formally have to apply to take the leave.

Note for employers:

Law:

The law provides protection from dismissal because an employee has “sought” to take parental leave via a combination of Section 99 Employment Rights Act 1996 (“ERA”) and Regulation 20 of the Maternity and Parental Leave etc. Regulations 1999 (MPLR).

Section 99 of the ERA provides that an employee should be treated as unfairly dismissed where the reason (or main reason) for the dismissal relates to leave for family reasons, including parental leave. Regulation 20 of the MPLR adds that this applies where the employee “took or sought to take…parental leave”.

Facts:

The claimant was employed as a Logistics/Supply Chain Manager, working for the respondent for a little over a year before being dismissed on grounds of redundancy. Prior to his dismissal, the claimant had informally discussed taking unpaid parental leave to look after his disabled son with his colleagues, including the HR department, his line manager and the respondent’s managing director. On speaking to the managing director of his intentions, the claimant was reportedly told “so you want to go f*ing legal then” and that he was expected to be in the office “Monday to Friday, 8-5pm with no exceptions”. This was reported to HR, but the behaviour was dismissed as typical for the managing director. In the end, the claimant did not at any time make a formal request to take Parental Leave.

Following the dismissal, the claimant brought a claim for automatic unfair dismissal on the basis that the real reason for the dismiss was his intention to request parental leave, and not redundancy as the respondent had purported.

Employment Tribunal (ET):

At a preliminary hearing the respondent applied to strike out the claim on the basis that it had no reasonable prospect of success. This argument before the ET was based on the fact a formal request for parental leave was never in fact made, despite the claimant acknowledging that this was a requirement to take the leave. As no formal request had materialised, the claimant had not, the respondent argued, as a matter of law have sought to take parental leave, which is necessary for the legal protection to apply.

This was rejected by the ET. It was held that the claimant had made informal enquiries regarding taking parental leave and made it clear on a number of times that he intended to take it. This was sufficient for the ET to find that the claimant had ‘sought’ to take parental leave.

This was appealed by the respondent on the basis that the MPL regulations required a written application to be made in order for it to be said that an employee has sought to take parental leave.

Employment Appeal Tribunal (EAT):

According to the EAT, there is no absolute requirement under the MPL Regulations for an employee to have given notice as set out in those regulations for an employee to have “sought” to take parental leave. The word “sought” is an ordinary English word and in this regard, it should be given its ordinary meaning. Whether or not an employee had sought to take leave under the MPL regulations was therefore a question of fact. Had it been intended otherwise, the regulations would specify that the giving of notice was required for the protection against dismissal to apply, rather than using “sought” instead.

HRInform

Our HR Comment / Advice: – Hilton Foods Solutions Ltd v Wright – Parental leave: Detriment for seeking to take | Consensus HR | Herts, Beds

Matthew Chilcott, Owner of Consensus HR comments: “This is a very interesting recent case and demonstrates that even though it may say in a company’s HR Policies and Procedures that you must apply in writing, if an employee has demonstrated that they intend on taking a specific employee right, this should be seriously taken into account and not ignored, if no official application is received. Employers need to ensure that should any member of the team demonstrate an interest / wish in any employee rights that this is considered and taken into account when any other HR measures are considered. In this situation, and as outlined the two-year ruling did not apply due to the subject. At Consensus HR, we always ensure that our clients follow the law to best practice and the law regardless of length of service and from day one of employment”.

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26 03 2024

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

Matthew Chilcott Blog, Employment Law, General, Newsletter #bedfordshirebusiness, #hertfordshirebusinesses, #outsourcing, Business, Business Owners, employment law, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Welcome to our latest employment law newsletter. In this newsletter, we are focusing exclusively on the changes that will come into force in April 2024.

National Minimum Wage Increases

The National Minimum Wage (NMW) will experience increases effective from 1 April 2024. For people over 21, the National Minimum (Living) Wage will elevate from £10.42 to £11.44. Those aged between 18-20 will see an increase from £7.49 to £8.60, while individuals aged 16-17 and apprentices will observe a rise from £5.28 to £6.40. The NMW, a mandatory wage floor for all employers, regardless of size or sector, must be upheld. Employers may set wages above this threshold but cannot pay less than the levels mandated by the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015.

Holiday Pay

Holiday pay calculations will see new regulations effective from 1 April 2024. Part-time and irregular-hour workers will have their holiday entitlement accrue at 12.07% of hours worked per pay period. Employers can opt to pay holiday pay when taken or include it in employees’ regular salaries (rolled-up holiday pay), with the latter based on 12.07% of income for the relevant pay period. Employers must itemise the holiday portion on employees’ payslips. These changes apply to holiday years starting on or after 1 April 2024.

Paternity Leave

Regarding paternity leave, employees with an expected week of childbirth (EWC) or adoption placement starting from 6 April 2024 can opt for one or two weeks of continuous leave, or two non-consecutive weeks. They must take leave within a year of childbirth or adoption, with exact dates confirmed at least 28 days beforehand. Pregnant employees will have priority for alternative roles in case of redundancy from 6 April 2024 until 18 months post-birth or adoption placement.

Shared parental leave lasting less than six weeks ensures redundancy protection during that period; however, leave exceeding six weeks grants protection for 18 months post-birth. Carer’s leave, offering five unpaid working days annually from the start of employment, can be taken in single or half days with a notice requirement of three days. Employers can delay carer’s leave if necessary to minimise business disruption, provided approval is given within one month.

Flexible Working

From 6 April 2024, the right to request flexible working becomes available from day one of employment. Employees in England, Scotland, and Wales can make two flexible working requests within 12 months. Employers must consider and explore alternatives before declining requests and respond to the employee requesting flexible working within two months.

Sexual Harassment

From April, under the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers bear the responsibility to prevent sexual harassment in the workplace, with a focus on taking reasonable steps to do so. If found in breach, compensation awarded by the Employment Tribunal can be increased by 25 per cent.

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

Our HR Comment / Advice: – March 2024 Newsletter | Consensus HR | Herts, Beds, UK

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: – “April 2024 sees a number of Employment Law Changes across a range of areas, and it is important that businesses keep up with the changing of Employment Law so that they are always working to best practice for the benefit of the team and success of the business. At Consensus HR, we ensure that all our monthly retained clients who have invested in an Employee Handbook for their team and business continually have their copies updated and recommend that all members of the team are briefed on the changes, generally through the use of the fully interactive HR IT system.”

Sick people leave workforce at record highs | Consensus HR | Herts, Beds

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

25 03 2024

Sick people leave workforce at record highs | Consensus HR | Herts, Beds

Matthew Chilcott Absence Management, Blog, General, Health & Safety #ConsenHR, #consensushr, #outsourcedemploymentlaw, #outsourcedhumanresources, #outsourcing, #sickness, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

The number of people in the UK leaving the workforce due to long term sickness has hit the highest level on record, according to Resolution Foundation analysis. The number of adults who are economically inactive due to ill-health climbed from 2.1m in July 2019 to 2.8m in October 2023, marking the “longest sustained rise” since 1994-1998, when records began. The rise in long-term sickness means the UK is the only G7 economy which has not returned to its pre-pandemic employment rate. Louise Murphy, senior economist at the Resolution Foundation, said Britain’s labour market is “finally returning to normal,” but warned that the pandemic “has left an alarming legacy of the longest sustained rise in sickness-related inactivity since the 1990s.”

She noted: “Younger and older people together account for nine-tenths of the rise in overall economic inactivity,” and warned that this could have “serious effects both on individuals’ living standards and career paths, as well as wider strains on the NHS and welfare spending if we fail to improve the nation’s health and reduce economic inactivity.” Shazia Ejaz at the Recruitment and Employment Federation, believes long NHS waiting lists “are a big factor for why not enough people are well enough to work,” adding “Better infrastructure around transport, childcare and social care will all help tackle the inactivity challenge the UK faces.”

BBC News

The Observer

Our HR Comment / Advice: Sick people leave workforce at record highs | Consensus HR | Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: – “This article which was shown on the BBC over the weekend demonstrates how difficult it still is for businesses within the UK, when dealing with sickness. The Pandemic may have officially finished but its repercussions as still dominant within the workforce. At Consensus HR, we work with our clients to ensure that the best HR Policies & Procedures are put in place to support the team and the business and that they are managed and implemented correctly. We are Partners with Breathe HR an IT system that makes it easy to manage correctly whilst ensuring the correct support and guidance is offered to the team member and management.

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If you run a business with a team and are concerned about the latest news / statistics in relation to sickness and wish to ensure you have the best HR Policies and Procedures for the benefit of the team and business, give us a Call Now. Consensus HR | Your Outsourced Human Resources & Employment Law Department. | Helping companies take the pain out of managing people whilst Preventing People Problems – 01438 576750

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22 03 2024

Construction firm fined after worker dies from fall | Consensus HR – | Herts, Beds

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

A construction company in Kent has been fined after a sub-contractor fell and died from his injuries.

Mark Tolley, 51, fell nearly two metres through an opening in a scaffold on 5 July 2017 while working on the construction of six houses on Smarden Road in Headcorn, Kent.

He sustained several broken ribs and serious internal injuries including a punctured lung. He later died on 13 July 2017.

Mr Tolley had been installing vertical hanging tiles on one of the new properties when he fell 1.8 metres through an unguarded opening in the scaffold and landed on the ground below.

An investigation by the Health and Safety Executive (HSE) found Amberley Homes (Kent) Ltd, the principal contractor for the project, had not appointed a person with the necessary skills, knowledge, experience and training to manage the construction site. The company had not ensured that a safe working platform on the scaffold was maintained throughout the different phases of the project. Access to and from the first lift working platform was unsafe as multiple openings had been made which could subsist for several weeks. The openings were unguarded and therefore there was a significant risk of falling circa 1.8 metres from the working platform.

Amberley Homes (Kent) Ltd did not control the site effectively. Its monitoring was ineffective as it did not act on concerns raised by its safety consultant when he drew the problems with site management.

HSE guidance states principal contractors must plan, manage, monitor and coordinate health and safety in the construction phase of a project. More on this can be found at: Construction (Design and Management) Regulations 2015 (hse.gov.uk)

Amberley Homes (Kent) Ltd, of London Road, Sevenoaks, Kent, entered a guilty plea to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015 during a trial at Maidstone Nightingale Court in January 2024. The company was fined £25,000 and ordered to pay £83,842.34 in costs at Canterbury Crown Court on 15 March 2024.

HSE principal inspector Ross Carter said: “This tragic death could have been so easily avoided by implementing suitable site management to ensure that the scaffold was appropriately adapted by competent persons for the needs of the different sub-contractors.

“This case highlights that principal contractors should be aware that HSE will not hesitate to take appropriate enforcement action against those who fall below the required standards and do not plan, manage and monitor the construction phase effectively.”

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HR Advice

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

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

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Latest blog:

When is workplace banter ok?

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Latest blog – Case Law:

Summary:

Facts:

Note for employers

Law:

Employment Tribunal (ET):

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Latest blog:

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

Our HR comment:

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

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Did you know? April is Stress Awareness Month:

They are:

to Reachout and have conversations,

Recognise the signs and causes of stress,

Respond to any risks you’ve identified,

Reflect on actions you’ve agreed and taken,

make it Routine.

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

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

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

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

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

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

HSE – 4-04-24

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

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

If in doubt, give us a shout!

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

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