Advice on Settlement Agreements Employees
Advice on Settlement Agreements EmployersAuthor: @deliver_els
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Avoid an HR Hangover This Christmas 2023
He’s Making a List…..He’s Checking it Twice…..but at this year’s Office Christmas party will YOUR staff be naughty or will they be nice?
It might only be the beginning of November, but many employers are already planning this year’s Christmas party and they are no doubt hopeful that this festive season will be an enjoyable time for bosses and employees alike but be warned – without careful planning, employers could easily end up with a costly HR Hangover!
Free flowing alcohol at the annual office Christmas party often acts as a trigger for some less than jolly employee behaviour leaving business owners/managers with a less than festive HR hangover to cope with.
Common issues Employers often have to deal with after the office Christmas party include gross misconduct (usually the result of a festive punch up), claims of bullying, harassment or even discrimination (sex, age, race, religious).
So here are Employment Law Services (ELS)’ “’Top Tips” to help Employers avoid an HR hangover by steering their company sleigh around the traditional Christmas HR landmines:
- Ensure all employees are aware of the company’s standard disciplinary and grievance procedures.
- If staff are expected to come in the day after the office party, make sure this has been clearly communicated to them beforehand
- At the office party, ensure all employees are catered for regardless of their age, sex, sexual orientation, religion or disability.
- Lastly, consider providing transportation from the party venue to ensure staff arrive home safely.
If you haven’t done so already, now is the time to review your Company’s existing discipline & grievance policy to make sure it is up to date with current legislation and the ACAS Code of Conduct and if you have any specific queries regarding employment issues Contact Us and our multi-award winning Employment Law and HR Team will provide you with commercially focused advice and support.
What is The Protection from Sex-Based Harassment in Public Act 2023?
In the last two decades, increasing attention has been drawn to issues of sexual harassment both in and beyond the workplace. This has culminated in The Protection from Sex-based Harassment in Public Act 2023, which received royal assent on the 18th of September. Alongside established harassment and bullying laws, this bill promises harsh sentences for those found guilty of sex-based harassment in public spaces.
In this blog, you’ll find all the information you need to know about The Protection from Sex-Based Harassment in Public Act 2023, both as an employer and an employee.
Workplace harassment laws
Under the Equality Act 2010, workplace harassment and bullying is considered unlawful. However, there is a distinction between the two as only harassment itself can be grounds for legal action as it’s against the law. This applies when unwanted behaviour relates to an employee’s:
- Age
- Race
- Disability
- Religion or belief
- Marriage or civil partnership
- Pregnancy or maternity status
- Sex
- Sexual orientation
- Gender reassignment or identification
The law outlines that employers are responsible for taking steps to prevent workplace bullying and harassment. They are also liable for any harassment suffered by employees. It’s recommended that victims first seek counsel from managers or HR before submitting a formal complaint or initiating legal action. As such, it can be beneficial to obtain guidance from employment law specialists for employers.
The Protection from Sex-Based Harassment in Public Act 2023 explained
This bill is designed to provide more comprehensive regulations to protect individuals against sex-based harassment. The official documentation states it is ‘An Act to make provision about causing intentional harassment, alarm or distress to a person in public where the behaviour is done because of that person’s sex; and for connected purposes‘. It has consequently made additions to the Public Order Act 1986.
Most workplaces are considered public places, as it is available for public access. As a result, employees and employers should be aware of this legislation. The provisions of the bill state that criminal charges can be brought against anyone found guilty on a sex-based harassment offence.
A government supported amendment to the bill will see the maximum sentence increased from six months to two years. It should be noted that in cases of sex-based harassment in the workplace, liability lies with employees too.
Ongoing developments
It has been agreed by MPs that statutory guidance on what legal defence is available to defendants should be added to the bill. This includes a detailed definition of what constitutes reasonable and unreasonable conduct. The intention is to make it easier for the police to enforce the new regulations. It is unclear when these inclusions will become part of the bill.
Expertise on employment law for employers UK
As an employer, harassment claims of any kind should be taken very seriously. Issues of harassment in workplace, especially those based around sex, can be difficult to navigate. Employment Law Services (ELS) Ltd provides professional HR advice for employers that is tailored to your circumstances. This includes actionable advice in areas of contract law, discrimination, workplace health and safety, harassment, and much more. Contact us to speak to one of our experts today.
How will The Workers Act 2023 impact employers?
The Workers (Predictable Terms and Conditions) Act 2023 recently received royal assent, meaning it’s expected to come into effect around September 2024. It follows a series of developments intended to give workers in uncertain job roles more agency. This includes increases to National Minimum Wage and protections for unpaid carers and parents. The bill similarly provides support to workers who have traditionally been open to exploitation, such as those on zero hours contracts.
This blog provides relevant information and advice employers need to prepare for the changes that will be brought by The Workers Act 2023.
What changes does the bill bring?
The Workers Act 2023 will give workers a new statutory right to request predictable working patterns from their employer. This will apply to workers with a fixed term contract of 12 month or less and those on zero-hour contracts. The regulations also make considerations for anyone whose working patterns, times, or hours are uncertain.
The key points of the bill include:
- Employers are required to deal requests in a reasonable manner.
- Decisions on requests must be given within one month of submission.
- No more than two applications can be submitted during a 12-month period.
- When a request is granted, terms must then be offered to the worker within two weeks.
- The qualifying period for submitting a request is expected (not confirmed) to be 26 weeks. However, the worker will not have to work continuously during this time.
- Requests can be denied on grounds similar to those relevant for denying flexible working requests. Examples include additional cost burdens, difficulty recruiting staff, planned restructuring, and a lack of work during the period specified.
- The above rights will also be applied to agency workers who can apply to the agency to request a predictable working pattern.
Employment law advice for employers
As an experienced employment law advisor for businesses UK, the first thing we suggest is to examine your HR policies and procedures. The foremost effect of the bill for employers is that it encourages workers to begin conversations over working patterns. As such, you should be prepared to offer flexibility and transparency when it comes to working arrangements.
Another important area to consider is your employment contracts. Many businesses utilise unorthodox contracts due to the nature of the work conducted, or for other unique industry aspects. It’s therefore recommended for employers in these sectors to review new and existing contracts of employment to reduce friction between workers and HR staff.
Employers should also look out for the Acas draft Code of Practice, which is expected to be published for public consultation before the end of the year.
Professional employment law advice for businesses
As an employer, mandatory worker consultations enforced by laws such as The Workers Act 2023 can be a massive drain on resources. Fortunately, Employment Law Services (ELS) Ltd offer a wide range of legal services for employers designed to simplify the adoption of new regulations. Outsourcing employment law to our experienced professionals gives your team the support they need to tackle stressful issues such as working patterns. Contact us today to begin our partnership.