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International Stammering Awareness Day | Consensus HR in Herts & Beds

29 05 2024

What could the July general election mean for employment law? | Consensus HR in Herts & Beds.

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #bedfordshirebusinesses, #consensus hr, #consensushr, #generalelection, #hertfordshirebusinesses, #networkinbeds, #outsourcedemploymentlaw, #outsourcedhumanresources, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Latest blog: July 2024 Election and what it could mean to Employment Law…

Since the Prime Minister Rishi Sunak announced that a general election will be held on 4 July 2024, our Chartered Institute of Personnel & Development (CIPD) have produced the main political parties’ positions on workplace reform.

What could the July general election mean for employment law? | Consensus HR in Herts & Beds.

Labour:

Day-one rights: Remove qualifying periods for basic rights like unfair dismissal, sick pay, and parental leave so they become day-one rights

Strengthen rights: Strengthen existing rights and protections, including for pregnant workers, whistle-blowers, workers made redundant, and workers subject to TUPE processes.

Sick pay: Increase Statutory Sick Pay (SSP) and make it available for all workers including those currently excluded because of low wages

Tackle harassment: Require employers to create and maintain workplaces and working conditions free from harassment, including by third parties.

Family-friendly:Extend statutory maternity and paternity leave; introduce right to bereavement leave; make it unlawful to dismiss pregnant employees for six months after return from maternity leave except in specific circumstances; and review shared parental leave system.

Zero-hours contracts: Ban “one-sided” flexibility; anyone working regular hours for 12 weeks or more will gain right to a regular contract to reflect hours worked; and all workers to get reasonable notice of any change in shifts or working time, and recompense for cancelled shifts.

Mental health:Raise awareness of neurodiversity; and review provision for stress, mental health, and Long Covid.

Update trade union laws:Strengthen trade union right of entry to workplaces; simplify process of union recognition; strengthen protections for trade union reps; and new duty on employers to inform workforce of right to join a union.

Raise wages for workers:Continue commitment to raise National Living Wage; immediately increase National Minimum Wage (NMW) to at least £10 per hour for all workers whose NMW rate is not at that level; reform role of the Low Pay Commission; ensure travel time in sectors with multiple working sites is paid; act on “sleep over” hours in sectors like social care; ban certain unpaid internships; and create Fair Pay Agreements.

Close pay gaps:Act to close gender, ethnicity, and disability pay gaps; permit equal pay comparisons across employers where comparable work is carried out; and publication of ethnicity pay gap to be mandatory for firms with more than 250 staff.

Flexible working:Default right to flexible working from day one with employers required to accommodate this as far as is reasonable.

Caring responsibilities: Strengthen rights of workers to respond to family emergencies with paid family and carer’s leave, flexible working, and greater ability for workers to enforce rights.

Fire and re-hire:Improve information and consultation procedures; and adapt unfair dismissal and redundancy legislation to prevent workers being dismissed for not agreeing to a worse contract.

Right to switch off: Introduce a new right to disconnect and protect workers from remote surveillance.

Enforcement rights:Extend time limit for bringing employment tribunal claims; and remove compensation caps.

Conservatives:

Continue current agenda: Neonatal care leave and pay; reform of industrial action laws; Back to Work Plan including proposed reform of fit notes; reform of umbrella company market; continue with National Disability Strategy; address definition of “sex” in Equality Act 2010; re-introduction of employment tribunal fees; reform of non-compete clauses; and proposed reform to TUPE.
Bills currently being debated:Various including Paternity Leave (Bereavement) Bill; Bullying and Respect at Work Bill; Fertility Treatment (Employment Rights) Bill; and Unpaid Trial Work Periods (Prohibition) Bill.

Liberal Democrats:

Parental leave reform:Give all workers, including self-employed parents, a day-one right to parental leave and pay. Each parent would get six weeks of “use-it-or-lose-it” leave, with 46 weeks of parental leave to share between themselves as they choose. After the initial six weeks, parental pay would be £350 per week.
Increase paternity pay:Increase paternity pay to 90% of earnings, with a cap for high earners.

Our HR comment:

Matthew Chilcott, Owner of Consensus HR, comments:

“This is an interesting article recently published by our Chartered Institute, the CIPD. It indicates that should a specific party win the next General Election, there will likely be significant changes in Employment Law based on their proposals. Only after the 4th of July, 2024, will we begin to understand what changes are coming and their implementation timeline. At Consensus HR, we refrain from discussing politics, as we believe it is a personal choice. However, we are prepared to ensure that all our clients are up to date with best practices and the latest legal requirements, regardless of the changes.”

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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.

27 05 2024

Understanding Sexual Harassment at Work | Consensus HR, Herts, Beds

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusiness, #consensushr, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, #sexual discrimination, #sexual harassment, bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Latest blog:

Understanding Sexual Harassment at Work:

Research shows that 58% of women have experienced sexual harassment, bullying or verbal abuse at work (Unison, 2023). This number increases to 62% of women aged 25 – 34 years.

In addition, a TUC (Trades Union Congress) poll found that in 39% of incidents, the perpetrator of the harassment was a third party rather than a colleague in the workplace. (Examples of third parties are clients and suppliers.) The TUC’s May 2023 poll also found that 43% of women have experienced three or more incidents of bullying at work.

Sadly, most victims don’t report sexual harassment as they fear they won’t be believed, or their working relationships and career prospects may be damaged.

Whilst most sexual harassment victims are female, it is important to note that one in ten complaints of sexual harassment in the workplace are from men. (The Diversity Dashboard.)

What kind of behaviour constitutes sexual harassment at work?

In simple terms, sexual harassment is unwanted behaviour by anyone in the workplace of a sexual nature against you.

This harassment can be verbal or non-verbal and may make you feel intimidated or uncomfortable and an individual does not have needed to object to a person’s behaviour for it to be considered unwanted.

Examples of sexual harassment include:

unwelcome sexual advances, propositions and demands for sexual favours
unwanted or derogatory comments or nicknames about clothing or appearance
leering and suggestive gestures and remarks or jokes
intrusive questioning or suggestions about your sex life or a colleague’s sex life, and discussing their own sex life
sexual posts or contact on social media
spreading sexual rumours about a person
sending sexually explicit emails or text messages
comments of a sexual nature about your or a colleague’s sexual orientation • comments of a sexual nature about your or a colleague’s gender identity
displaying offensive material, such as pornographic pictures or calendars, including those in electronic forms such as computer screen savers or by circulating such material in emails or via social media
‘upskirting’ that typically involves someone taking a picture under another person’s clothing without their knowledge
predatory behaviour
coercion
physical contact such as the invasion of personal space and unnecessary touching, hugging or kissing through to sexual assault, indecent exposure, stalking and rape (although rape is defined as a separate criminal offence).

The Equality and Human Rights Commission describes sexual harassment:

“Sexual harassment occurs when a person engages in unwanted conduct of a sexual nature that has the purpose or effect of:

violating someone’s dignity, or
creating an intimidating, hostile, degrading, humiliating or offensive environment for them.”

Sexual harassment is unlawful under the Equality Act 2010.

Anyone who experiences sexual harassment at work in the UK is protected by Chapter 1, Section 11 of the Equality Act 2010 and can make a claim to an Employment Tribunal (ET) immediately regardless of length of service. The following characteristics are protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Compensation is usually based on any financial losses as well as injury to feelings and, in some cases, personal injury or aggravated damages.

Understanding Sexual Harassment at Work | Consensus HR, Herts, Beds

Our HR comment:

‘Employers need to ensure they know of any behaviours that may make members of the team feel uncomfortable and take the necessary action,” says Matthew from Consensus HR. “Initially, this may involve telling the individual to stop their behaviour immediately. If they persist, disciplinary action should be taken. All employees need to be fully aware of how they act at work, recognising that what they may see as acceptable behaviour may be felt as degrading or harassing by a colleague.

‘Companies need to ensure that line managers are aware of their responsibilities and employees should not be treated less favourably or involved in behaviour which can be seen as harassment, degrading or uncomfortable. It is up to everyone in the workplace to ensure this happens.

‘Every member of staff must understand that unacceptable behaviour will not be tolerated and will be dealt with accordingly. Failure to act results in employers harming the reputation of the company and themselves. They need to remember that failure could result in an Employment Tribunal taking place, with the potential of a large, uncapped award being awarded to the employee.”

Would you like to know more about this important topic?

Has your business taken the necessary steps to prevent and deal with sexual harassment in your workplace?

Are you aware of the latest employment law updates?

Protect your business and your team members. Talk to the expert team at Consensus HR for honest, practical advice about employment law. Explore the options with an initial discussion, without any cost, pressure or jargon.

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22 05 2024

Workers are increasingly staying put in their current jobs | Consensus HR in Herts, Beds

Matthew Chilcott Blog, General, Recruitment, Redundancy #bedfordshirebusinesses, #consensus hr, #consensushr, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, #outsourcing, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Latest blog:

In 2024, a noticeable trend in the UK labour market is that workers are increasingly choosing to stay in their current jobs. This phenomenon is driven by several key factors:

1. Economic Uncertainty and Inflation

The UK economy faces significant uncertainty due to fluctuating economic conditions, including persistent inflation. Workers are cautious about job transitions amid concerns over the cost of living, mortgage rates, and economic stability. Staying in a known job provides financial predictability and security in uncertain times.

2. Improved Job Satisfaction

Many UK employers have enhanced job satisfaction by offering flexible working arrangements, including remote and hybrid work models. These changes have led to a better work-life balance for many employees, making their current jobs more attractive.

3. Competitive Compensation and Benefits

To retain talent, UK companies are offering competitive compensation packages, including salary increases, bonuses, and enhanced benefits such as health insurance and pension contributions. These financial incentives reduce the appeal of seeking new opportunities.

4. Career Development Opportunities

Employers are increasingly focusing on internal career development. They are offering training programs, upskilling opportunities, and clear pathways for career progression. Employees are more likely to stay with companies that invest in their professional growth.

5. Labour Market Conditions

The UK job market has seen fluctuations, with some sectors experiencing layoffs and hiring slowdowns. This uncertainty makes workers hesitant to leave stable positions for new roles that may not offer long-term security.

6. Personal and Family Considerations

The pandemic has led many workers to re-evaluate their personal and family priorities. Stability, job security, and the ability to balance work with personal life are now more important than ever. Staying in a current job that meets these needs is often preferable to the risks associated with a job change.

7. Employer Loyalty Programs

Companies are implementing loyalty programs that reward long-term employees with additional benefits, such as extra holiday entitlement, sabbaticals, and loyalty bonuses. These programs encourage employees to remain with their current employers.

Our HR comment:

Our HR Advice / Comment: Workers are increasingly staying put in their current jobs | Consensus HR in Herts, Beds

Matthew Chilcott, Owner of Consensus HR comments: “In 2024, UK workers are increasingly choosing stability over the uncertainties of job transitions. Economic factors, enhanced job satisfaction, competitive benefits, career development opportunities, and personal priorities are all contributing to this trend. Employers who continue to focus on employee satisfaction and development are likely to see higher retention rates in this evolving labour market.”

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21 05 2024

Matthews v CGI IT UK Ltd – Procedural Fairness and Unfair Dismissal – | Consensus HR in Herts, Beds

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

Latest blog:

In the case of Matthews v CGI IT UK Ltd, the procedural errors were indeed a significant factor in the tribunal’s decision to deem the dismissal unfair. Here’s a detailed explanation of how the lack of fair procedure contributed to this outcome:

Procedural Fairness and Unfair Dismissal:

Adherence to Disciplinary Procedures:

- Employer’s Obligation: Employers are required to follow their own disciplinary procedures and the statutory guidelines (such as the ACAS Code of Practice) when dismissing an employee.
- CGI IT UK Ltd’s Failure: In this case, CGI IT UK Ltd failed to adhere to its internal disciplinary procedures, which led to procedural irregularities. This failure was a critical factor in the tribunal’s finding of unfair dismissal.

2. Adequate Investigation:

- Importance of Thorough Investigation: A fair procedure necessitates a comprehensive investigation into the allegations against an employee.
- Deficiency in Investigation: CGI IT UK Ltd did not conduct a thorough and impartial investigation into the alleged misconduct of Mr. Matthews. This lack of proper investigation meant that the dismissal decision was based on incomplete or potentially biased information.

3. Employee’s Right to Respond:

- Opportunity to Defend: An employee must be given a fair opportunity to respond to the allegations against them.
- Inadequate Opportunity: Mr. Matthews was not given an adequate chance to present his side of the story or challenge the evidence against him. This procedural lapse contributed to the unfairness of the dismissal.

4. Impartiality and Bias:

- Unbiased Decision-Making: Decision-makers in disciplinary processes must act impartially.
- Perceived Bias: The involvement of potentially biased individuals in the decision to dismiss Mr. Matthews raised concerns about the impartiality of the process. Bias in decision-making undermines procedural fairness and the credibility of the dismissal.

5. Impartiality and Bias:

- Unbiased Decision-Making: Decision-makers in disciplinary processes must act impartially.
- Perceived Bias: The involvement of potentially biased individuals in the decision to dismiss Mr. Matthews raised concerns about the impartiality of the process. Bias in decision-making undermines procedural fairness and the credibility of the dismissal.

6. Right to Appeal:

- Fair Appeal Process: Employees should have the right to appeal against a dismissal decision.
- Appeal Issues: The tribunal found that the appeal process provided to Mr. Matthews was not conducted fairly, further contributing to the procedural deficiencies.

Tribunal’s Conclusion:

The tribunal concluded that the dismissal of Mr. Matthews was unfair primarily due to the procedural errors made by CGI IT UK Ltd. The lack of adherence to fair procedures, including inadequate investigation, failure to allow a fair response, potential bias, poor communication, and a flawed appeal process, all contributed to the decision. The procedural lapses meant that the dismissal could not be justified as a fair outcome, even if there might have been substantive reasons for considering dismissal.

Licensing laws to be relaxed during Euro 2024 | Consensus HR in Herts, Beds

Key Takeaway:

In employment law, procedural fairness is critical to ensuring that any dismissal is just and fair. The case of Matthews v CGI IT UK Ltd underscores the principle that a dismissal can be rendered unfair purely based on procedural inadequacies, regardless of the substantive reasons for dismissal. Employers must rigorously follow fair procedures to uphold the standards of fairness and avoid legal challenges for unfair dismissal.

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

15 05 2024

Licensing laws to be relaxed during Euro 2024 | Consensus HR in Herts, Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #bedfordshirebusinesses, #consensushr, #euro2024, #football, #networkinbeds, #outsourcedemploymentlaw, #outsourcedhumanresources, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

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The UEFA EURO 2024 kicks off in Munich on Friday 14^th June 2024 and ends with the final in Berlin on Sunday 14^th July 2024 but how could this affect businesses and their teams and what action should be taken?

Employee Productivity and Engagement: The EURO 2024 tournament may lead to distractions in the workplace as employees follow matches or engage in discussions about the games. While some level of excitement and camaraderie can be beneficial for team morale, excessive distractions could affect productivity. Employers may want to establish clear guidelines regarding acceptable levels of engagement with the tournament during working hours and provide flexibility for employees to watch matches during breaks or after work. Additionally, organising internal events such as viewing parties or office sweepstakes can help channel employees’ enthusiasm in a positive way.

Overall, UK businesses should proactively assess the potential impacts of the EURO 2024 tournament and take appropriate actions to capitalise on opportunities while mitigating any challenges. By staying agile, communicating effectively with stakeholders, and embracing the spirit of the tournament, businesses can navigate this period successfully and emerge stronger.

Employers should also note that should either England or Scotland reach the Euro 2024 semi-finals this summer, fans back at home will be able to stay celebrating for an extra two hours if they are in premises already licensed until 11pm for the sale of alcohol for consumption on site.

In a statement to Parliament, available here, the Minister for Crime, Policing and Fire, Chris Philp, confirmed that the Government was proceeding with a proposal to relax licensing hours in England and Wales.

There have been calls for licensing boards in Scotland to follow the UK Government’s example.

The lifting of restrictions will apply on the days of the semi-final (9 and/or 10 July) and final (14 July) of the tournament, provided one of the two Home Nations is represented.

“The Government consider the semi-final and final of the tournament to be an occasion of exceptional national significance and an extension to licensing hours will enable communities to come together at their local licensed premises to support any of the Home Nation teams if they reach the later stages of the tournament and celebrate any subsequent success,” Mr Philp told MPs.

This will, he went on, provide support to the hospitality sector by enabling businesses to extend their trading hours if they so wish.

The Minister’s statement followed the publication of the Government’s response to a consultation which closed on 19 February 2024, and which had asked for comments on the proposal for the extension.

Details of the Home Office consultation and the Government’s response can both be found on the GOV.UK website.

As is usual with these consultations, it lists the number of responses (96 in this case) but also notes that “31 contained no relevant information to any of the questions”.

Of those who did send usable replies, the majority agreed with the proposed extension of opening hours and that the order should only apply to the sale of alcohol for consumption on site in licensed premises in England and Wales.

The minority who disagreed cited potential health impacts or harms and the possibility of increased crime and disorder.

Licensing laws to be relaxed during Euro 2024 | Consensus HR in Herts, Beds – Note for employers.

For employers hoping to take advantage of these extended hours, there are a few things they need to consider. First, unless they are going to rely on staff voluntarily agreeing to work until the later closing time, they will need to check that their contract permits them to change working hours. A guaranteed or compulsory overtime clause may be of use, depending on its wording, or if there is flexibility built into the working hours clause in the contract.

Another issue to consider is the impact on employee rest breaks, and the impact finishing later will have. If an employee’s shift is extended, they may become entitled to a rest break. Or, if they are scheduled to start early the next day, finishing later could prevent them from getting their full daily rest. As it is unlikely this would fall within the exemptions under the Working Time Regulations 1998, compensatory rest may not be possible.

Finally, employers will have to consider the availability of transport for staff at the altered closing time. Public transport may not be available at that time, which could impact how the employee gets home safely. This might therefore limit which staff members can be asked to work.

HRinform & Consensus HR

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14 05 2024

Failing to follow Code of Practice could cost employers at tribunals | Consensus HR in Herts, Beds.

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

Latest blog: Code of Practice.

On 18 July 2024, a revised Code of Practice covering dismissal and re-engagement (popularly known as “fire and re-hire”) comes into force and makes it clear that employers should only resort to this option as a last resort.

The Government’s decision to update the Code was sparked by the outcry in 2022 when P&O Ferries used a video to tell more than 800 staff members that they were being made redundant with immediate effect.

Available here, the Code sets out how employers should act in these situations.

For example, they are advised to communicate any changes in writing, consult for “as long as reasonably possible in good faith” and are told that they must contact Acas for advice before raising the prospect of fire and re-hire.

Failing to follow Code of Practice could cost employers at tribunals | Consensus HR in Herts, Beds.

The Government has also laid a Statutory Instrument (SI) before Parliament, the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment of Schedule A2) Order 2024, which, when approved, will make it possible for tribunals to increase protective awards when an employer has acted unreasonably in failing to follow the Code.

The draft statutory instrument, which can be found here, amends schedule A2 to the Trade Union and Labour Relations (Consolidation) Act 1992.

That schedule lists the tribunal jurisdictions to which s.207A of the Act (Effect of failure to comply with Code: adjustment of awards) applies. Where that section applies, and where it appears to the employment tribunal that a relevant Code of Practice applies and that the employer has unreasonably failed to comply with it, the employment tribunal may increase any award it makes to the employee by no more than 25%.

The employee’s award may be reduced by no more than 25% where it is the employee who has unreasonably failed to comply with the relevant Code of Practice (that is, one which relates exclusively or primarily to procedure for the resolution of disputes).

This draft Order, which is expected to come into force in July on the same day as the Code, adds s.189 of the Act (failure to follow consultation requirements) to the list of tribunal jurisdictions to which s.207A of the Act applies.

P&O Ferries boss took six-figure bonus after sacking of UK-based crew

P&O Ferries CEO Peter Hebblethwaite accepted a six-figure bonus in 2023 just over a year after the company sacked hundreds of UK-based crew and replaced them with foreign agency workers, MPs heard on Tuesday. Hebblethwaite previously appeared in front of a joint transport and business committee in March 2022, at which time he said the lowest-paid agency worker would receive £5.15 an hour. However, an investigation by ITV News and the Guardian this March revealed some P&O seafarers were receiving an hourly rate as low as £4.87. The UK minimum wage is £11.44 an hour – but the rates do not apply to maritime workers employed by an overseas agency who work on foreign-registered ships in international waters. During his appearance in parliament, Hebblethwaite was asked by Liam Byrne MP: “Are you basically a modern-day pirate?…You seem to be robbing your staff blind.” Regarding his remuneration, Hebblethwaite said he earned a £325,000 basic salary and received an £183,000 bonus in April 2023. “I reflected on accepting that payment. But ultimately I did decide to accept it,” he said. “I do recognise it is not a decision that everybody would have made.”

Financial Times

The Times

The Guardian

Our HR comment:

Our HR Comment / Advice: Failing to follow Code of Practice could cost employers at tribunals | Consensus HR in Herts, Beds.

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is an interesting press article in relation to fire and rehire following recent instances when this took place and the code demonstrates, what one of the main things I was taught when completing my Employment Law Qualification that employers need to consult, consult, consult when there is a proposal to change somebody’s Terms & Conditions of Employment. The Code gives some excellent examples on what should be provided by the employer and the importance of ensuring continual consultation with the affected employee(s) to reach as suitable solution and only use dismissal and re-engagement as a last resort.”

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

13 05 2024

Employment Tribunal: The Potential Cost to Your Business | Consensus HR in Herts, Beds

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

Latest blog:

Employment Tribunal: The Potential Cost to Your Business

Currently, an employee does not have to pay a fee to make a claim to an employment tribunal. Costs may be incurred to pay witness expenses and, if the claim is lost, the costs of the people or organisation brought to the tribunal. This can include the fees of legal and/or HR support.

Around 95% of cases are settled before a full hearing at an Employment Tribunal. However, when a case does go to court, the amount of the award can cost the employer dearly. This is why the Consensus HR team always emphasises the importance of being proactive rather than reactive. We ensure our clients are following legal requirements and best practice in the most effective way possible.

The upper limit of compensation awarded by employment tribunals increased in April 2024. The potential cost to employers has now increased to:

Cap on a Statutory Week’s Pay: £700

(Used for calculating various awards, including statutory redundancy pay and unfair dismissal basic awards.)

Cap on Statutory Redundancy Pay: £21,000
Maximum Basic Award for Unfair Dismissal: £21,000
Maximum Compensatory Award for Unfair Dismissal: £115,115

(Or a year’s gross pay, whichever is lower.)

Additional Award for Unfair Dismissal: £18,200 to £36,400

(Applies when an employer does not comply with a re-instatement or re-engagement order.)

Statutory Guarantee Pay: £38 per day

A wide variety of issues are taken to employment tribunals. The most unusual cases and their outcomes during 2023 were:

Being nicknamed ‘Christine Lagarde’ was not discrimination.
A women’s toilet located next to men’s urinals was discriminatory.
Singing a lewd song to a junior colleague saw a law firm partner fined £45,000.
English nationalism is ‘not a philosophical belief’ following complaints about racist remarks.
Singing Victoria Wood’s ‘Let’s do it’ song amounted to sexual harassment.
An employee who advertised sex work online was unfairly dismissed after flaws were revealed in the disciplinary process.
A ‘Grow up’ comment made to a colleague was not age discrimination.
A train driver was unfairly dismissed after a tarantula prank.

The wide variety of claims, free claim submission and rise in compensation limits increase the importance of implementing best practice HR practices. Many small businesses simply can’t afford to risk being taken to an Employment Tribunal.

Employment Tribunal: The Potential Cost to Your Business | Consensus HR in Herts, Beds

At Consensus HR, we work with our clients to ensure that the correct policies, procedures and contracts are put into place and then acted upon. This ensures that the company operates well,

improves on bottom line profit,
reduces operating costs, and
is an employer of choice.

It involves rewarding your team adequately for the work they complete and with relevant management as needed. This isn’t an easy or quick task. One of our favourite sayings at Consensus HR is: “Rome was not built in a day”. Our HR services enable us to support our clients on a continual basis to continually improve whilst having a return on investment.

Avoid the cost and stress of an employment tribunal! Talk to the team at Consensus HR. Let’s explore your HR practices and avoid any people-based problems. Should you be involved with an employment tribunal, we can help you prepare for and navigate the process involved.

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08 05 2024

Updates to RIDDOR guidance | Consensus HR in Herts, Beds

Matthew Chilcott Blog, General, Health & Safety @sg1businessclub, #bedfordshirebusiness, #consensushr, #Health&Safety, #networkinbeds, ¢hertfordshire, bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Latest blog: Health & Safety – RIDDOR

There are no changes to legal requirements, but the updated guidance will help you understand how and when to submit a report under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR).

The improvements are based on feedback from stakeholders.

Main changes to the guidance:

more direct links to guidance on types of reportable incidents to help you decide whether a report is required.
improved guidance on who should and should not report under RIDDOR.
improved guidance on what is meant by a ‘work-related’ accident.
information on when an occupational disease is not reportable.
increased clarity on when an ‘over-7-day’ absence should be reported.

Main changes to the forms:

questions about severity of injuries have been frontloaded to help you quickly decide if your incident is reportable.
pop-up messages now redirect you if the incident is not reportable.
guidance has been improved to make the forms easier to use.
injured or affected people now have increased number of options when completing the gender field.

Find the updated guidance on RIDDOR

Updates to RIDDOR guidance | Consensus HR in Herts, Beds

Our HR comment:

Our HR comment: Updates to RIDDOR guidance | Consensus HR in Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This new updated guidance from the Health & Safety Executive (HSE) is another great, user friendly tool for business owners when having to report under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) and brings me back to when I worked for Forte Restaurants, Welcome Break and Veolia Water and reportable occurrences happened. The Guidance provided here, is clear, user friendly and in plain English, thus allowing all businesses to ensure, that should the need occur, they can report the incident correctly. I also like the ability to fill in forms directly on your computer rather than having to print them off and complete.

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07 05 2024

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

Matthew Chilcott Blog, General, Newsletter #bedfordshirebusinesses, #consensus hr, #consensushr, #hertfordshirebusinesses, #HRNewsletter, #outsourcedemploymentlaw, bedfordshire, Business, Business Owners, employment law, hertfordshire, 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 April 2024, blogs we discuss:

New legislation on flexible working becomes law tomorrow – 6th April 2024 |Consensus HR | Herts, Beds
When Workplace Banter Becomes Bullying | Consensus HR in Herts, Beds
Top Five HR Tips | Consensus HR in Herts, Beds
Why Your Business Needs Employment Contracts. | Consensus HR in Herts, Beds
Low Pay Commission starts work on recommendation for 2025 minimum wage | Consensus HR in Herts, Beds
Stress Awareness Month | Consensus HR in Herts, Beds
April is Stress Awareness Month: tackle stress in the workplace with five steps in five weeks | Consensus HR | Herts, Beds, UK

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

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.

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

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.

Top Five HR Tips | Consensus HR in Herts, Beds

Know Your Team

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

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

To read the other four, click below:

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

Can your business spare £25,000?

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

Are you at risk of a hefty penalty?

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

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

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

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

Stress Awareness Month | Consensus HR in Herts, Beds

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

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

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.”

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

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

Your Outsourced Human Resources (HR) Department.

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

01 05 2024

Doffou v Sainsbury’s Supermarkets Limited – Gross misconduct | Consensus HR in Herts Beds

Matthew Chilcott Disciplinary & Grievance, Employment Law, General #bedfordshirebusiness, #bedfordshirebusinesses, #consensus hr, #consensushr, #employmentlaw, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

30 04 2024

Make sure you have the right workplace facilities available | Consensus HR in Herts, Beds

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

Latest blog: Health & Safety

At Consensus HR, we write many blogs in relation to Health & Safety (H&S) and information provided by the Health & Safety Executive (HSE) and our current H&S blog talks about the welfare facilities that should be provided in the workplace for your team and gives detailed information on what you should provide and further information to help you in your business such as:

What you must provide for a safe and healthy workplace:
- Welfare facilities
- A healthy working environment
- A safe workplace
Toilets and washing facilities:
- How many toilets and washbasins?

Employers must provide welfare facilities and a working environment that’s healthy and safe for everyone in the workplace, including those with disabilities.

This means you must have:

welfare facilities
a healthy working environment
a safe workplace

Find out in more detail what you must provide for a safe and healthy workplace.

Employers are required to provide enough toilets and washbasins for those expected to use them. Follow our guidance for toilets and washing facilities.

Make sure you have the right workplace facilities available | Consensus HR in Herts, Beds

Our HR comment:

Make sure you have the right workplace facilities available | Consensus HR in Herts, Beds

We offer a full Health & Safety service and ensure it is made simple and covers the basics for your business. Our development and service includes:

Appointing a Competent Person
Preparing a business Health & Safety Policy
Managing Risk and Risk Assessments at work
Consulting your workers
Providing Information and Training
First Aid at Work
Lone working
Personal Protective Equipment (PPE)
Display Screen Equipment (DSE)
Fire Training
Reporting of Injuries Diseases, Dangerous Occurrence Regulations (RIDDOR)
Workplace Facilities
Health and Safety Poster

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Latest blog: July 2024 Election and what it could mean to Employment Law…

Since the Prime Minister Rishi Sunak announced that a general election will be held on 4 July 2024, our Chartered Institute of Personnel & Development (CIPD) have produced the main political parties’ positions on workplace reform.

Labour:

Conservatives:

Liberal Democrats:

Our HR comment:

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

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

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Latest blog: Case Law

Case Summary:

Key Legal Framework:

Types of Disability Discrimination:

Facts of the Case:

Tribunal Findings:

Outcome:

The judgment of the Tribunal is that:

Our HR comment:

Do you need help with your HR and Employment Law?

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

Latest blog:

Understanding Sexual Harassment at Work:

What kind of behaviour constitutes sexual harassment at work?

The Equality and Human Rights Commission describes sexual harassment:

Sexual harassment is unlawful under the Equality Act 2010.

Our HR comment:

Do you need help with your HR and Employment Law?

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

Latest blog:

1. Economic Uncertainty and Inflation

2. Improved Job Satisfaction

3. Competitive Compensation and Benefits

4. Career Development Opportunities

5. Labour Market Conditions

7. Employer Loyalty Programs

Our HR comment:

Our HR Advice / Comment: Workers are increasingly staying put in their current jobs | Consensus HR in Herts, Beds

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

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

Your Outsourced Human Resources (HR) Department.

Latest blog:

Procedural Fairness and Unfair Dismissal:

Adherence to Disciplinary Procedures:

2. Adequate Investigation:

3. Employee’s Right to Respond:

4. Impartiality and Bias:

5. Impartiality and Bias:

6. Right to Appeal:

Tribunal’s Conclusion:

Key Takeaway:

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

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

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Latest blog:

Licensing laws to be relaxed during Euro 2024 | Consensus HR in Herts, Beds – Note for employers.

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Latest blog: Code of Practice.

P&O Ferries boss took six-figure bonus after sacking of UK-based crew

Our HR comment:

Our HR Comment / Advice: Failing to follow Code of Practice could cost employers at tribunals | Consensus HR in Herts, Beds.

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

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

Your Outsourced Human Resources (HR) Department.