Author: @deliver_els

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 18^th 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.

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.

Employment law is vast, with regulations applying to a huge range of legal aspects. This is partly because there are differences in employment law for employers and employees. However, UK employment law has more complications due to constant updates and new requirements.

In this blog, we’ll be shedding light on the ways employment law is enforced in the UK.

 

What type of law is employment law?

A majority of employment law is classed as private or civil law. These proceedings are characterised by a dispute between two parties, often referred to as the claimant and the respondent. These titles are assigned as the former bringing legal action against the latter.

In employment law, the claimant will typically be an employee/worker, a former employee/worker, or an unsuccessful applicant. Employers can be sued whenever one of these parties believes they are in breach of the law. As such, it is vital that employers are aware of how employment law should dictate their HR and operational policies.

 

Areas of employment law

There are many different statutes and individual laws that fall under the umbrella of employment law. These can be broken down into four main areas, which are:

• Pay – employers are responsible for paying the amount promised, which should be fair, above the minimum wage and paid on time.
• Recruitment – rules dictating what employers can and can’t do in relation to who they employ, as well as their practices after someone has been successfully employed.
• Discrimination – probably the most changeable area of employment law. It contains regulations designed to ensure no one is discriminated against in the workplace.
• Health and safety – laws that hold businesses accountable for establishing a safe working conditions.

As you can see from this rough breakdown, there are certain parts of employment law that apply exclusively to either employers or employees. For example, recruitment laws will almost exclusively place obligations on employers. Nevertheless, employees must still be aware of the rules to recognise when grievances should be raised.

 

Enforcing employment law

Employment law first came about to enforce workplace principles and ensure that the rights of employers and employees are being upheld. This is still the case today. Some of the most significant employment laws are The Equality Act 2010, National Minimum Wage Act 1998 and Employment Rights Act 1996. Amendments are always being proposed and passed. For example, next year the Employment Relations Act 2023 will come into effect and bestow additional powers on workers to request flexible working arrangements.

While parliament is the official body responsible for making employment laws and overseeing their transition into public use, it is not responsible for enforcing them. Instead, it typically falls on employees and trade union representatives to enforce the regulations. A variety of government organisations are then responsible for enforcing certain areas of regulation. These include:

• HMRC – tax and pay issues.
• Employment Agency Standards Inspectorate (EAS).
• Health and Safety Executive (HSE) – working times.
• Gangmasters and Labour Abuse Authority – modern slavery.
• Equality and Human Rights Commission – discrimination in the workplace.
• Rural Payments Agency.
• Local authorities.
• Pension Regulator.

The nature of these organisations could change in the future however, as the UK government has signalled an intention to consolidating some of these into the Single Labour Market Enforcement Body. At the time of writing, it isn’t clear which bodies will be put under this entity and what grievances it will be concerned with.

Employment tribunals

Many legal disputes over employment law are settled with an independent tribunal hearing. Here, judgements are made on issues that produce statutory and contractual claims such as unfair dismissal, redundancy, and discrimination. Enforcement responsibilities therefore lie with the judge as an unbiased party, along with representatives of the employee and employer.

 

Employment law outsourcing for businesses

The Employment Law Services (ELS) Ltd team have been providing legal advice for employers for years. We consider the facts in relation to our client’s position to deliver realistic options that are likely to lead to favourable outcomes. Contact us today for professional support to help get you through difficult situations.

With the Employment Relations Flexible Working Bill receiving royal assent in July, workers will soon have greater autonomy over how they work. As a result, there are certain considerations employers must account for when the bill is passed into law. In the interim, employers can also put measures into place to account for these changes.

In this blog, we’ll aim to answer any questions you may have about the Flexible Working Bill and what effects it will have for employers.

 

What has Employment Relations Bill changed?

The bill will make amendments to the Employment Rights Act 1996, namely the right for employees to request flexible working arrangements. These are as follows:

• Employees will be allowed to make two flexible working requests every 12 months instead of one.
• Where employees are currently only entitled to request flexible working arrangements after 26 weeks, they will be able to do so from day one.
• Employers will be required to consult with employees before they deny a request for flexible working.
• Employees will be no longer be required to explain in their application what effect they think their flexible working will have on the employer.
• The deadline for employers to make a decision regarding a flexible working request will be reduced from three to two months.

Many cite the Covid-19 pandemic as the main driving force behind the bill, as a massive proportion of the workforce was forced to work remotely. This helped bring flexible working arrangements into the mainstream, thereby warranting an examination of employee rights in this area. Before the bill was introduced, its sponsor Yasmin Qureshi said, “This bill will ensure more people can access flexible working and act as a catalyst to address the barriers faced by women, the disabled, carers, and older people”.

 

What does the bill mean for employers?

Flexible working can refer to any pattern, location or hours in which someone is expected to work. For example, in a company where employees typically work from the office 9am-5pm, an employee might request to work 8am-4pm with 2 days a week spent working from home. The bill states that employers must take a more open approach to flexible working arrangements such as this. It reflects the fact that employees have come to expect flexible working as an option for most workplaces, so employers should be prepared to respond to requests in a certain way.

The bill does not require employers to approve every flexible working request they receive. However, it does mean that all requests must be discussed with the individual before it’s accepted or denied. Here, an explanation should be given as to why you have reached the decision. Possibly the most significant change for employers is that you have one less month to respond flexible working requests. When the bill transitions into law, it’s advisable to make a note of this to avoid getting caught out. Employers found to be in breach of new or existing flexible working regulations will face a penalty.

 

Responding to a flexible working request

It’s likely that employers will need to process more requests for flexible working as a direct result of the bill. When this time comes, it’s important that any HR policies are updated accordingly. Systems should also be put in place to allow employees to make requests and receive feedback easily. This could mean new responsibilities for HR staff. Mainly, that a consultation has to be completed following every flexible working request.

Employers can still refuse flexible working requests on the current grounds. This includes:

• The changes will impact performance and work quality.
• It will incur costs that damage the business’s position.
• The work cannot be done either through reorganisation or recruitment.
• The business won’t be able to meet customer demand as a result.
• Planned workforce changes.
• Work isn’t required during the proposed hours.

 

Expert employment law advice for employers

At Employment Law Services (ELS) Ltd, our finger is always on the pulse of employment law updates. We are experts in employment law for employers UK with years of experience. As a result, our services take all the most recent legal developments into account. This removes a weight from your shoulders, as you don’t have to keep track of what these laws mean. It is our job after all. We’ll also take the time to consider your business objectives. For instance, you might already have an idea of what your business would and wouldn’t offer as a flexible working arrangement. We can review this to identify the best course of action for you. Contact us today for personalised and actionable employment law advice.

Many organisations host volunteers to undertake a range of responsibilities and to provide work experience. The types of organisations that can host volunteers includes charities, not for profits, public sector organisations and private sector enterprises. The activities volunteers engage in can also vary greatly depending on the industry. Nevertheless, volunteers and interns are all treated equally in terms of employment law.

Below we’ll be breaking down how volunteers are defined by law and what organisations need to be aware of when making use of their services.

What is a volunteer?

There is no single statutory definition of “volunteer” and “intern”.

A volunteer is a person engaged in an activity which involves spending time, unpaid (except for travel and other out of pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative.

Legal Status of Volunteers

The legal status of an individual is important as it determines the extent of any statutory employment rights that they have against the organisations to which they provide their services. There are (broadly) three categories of protected individuals under employment law:  Employees, Workers, Individuals “in employment”.

The definition of “employment” includes employment under a contract of employment, a contract of apprenticeship or a contract personally to do work (section 83(2), EqA 2010), which encompasses both employees and workers, and a potentially wider category of individuals who are genuinely self-employed, provided that their contract obliges them to perform the work personally.

To establish protection under any of the three categories above (employee, worker or “in employment” status for the purposes of protection from discrimination), an individual must first establish that they have a contract with an organisation. This will require existence of the four basic elements of a contract:

• Offer
• Acceptance
• Consideration
• Intention to create legal relations.

The absence of a contract between an individual and an organisation will be fatal to a claim under the ERA 1996 or the EqA 2010.

Do volunteers count as employees?

As volunteers do not have a contract of employment, they do not experience the same rights as employees, workers or individuals in employment. This means volunteers are not legally protected from being unfairly or wrongfully dismissed or from discrimination in the workplace meaning they cannot bring such claims against their employer. However, organisations can be liable if a volunteer harasses or discriminates against an employee.  Part 3 of the EqA 2010 deals with discrimination in the provision of goods, services and facilities. Although volunteers may not be protected from discrimination under the employment provisions (Part 5) of the EqA 2010, they might be able to claim that, by offering opportunities for volunteering or work experience, an organisation is providing a service and, consequently, they are protected from discrimination under Part 3 of the EqA 2010.

Instead of an employment contract, volunteers are often given a Volunteer Agreement. Although this document is not compulsory or legally binding, it helps organisations ensure individual volunteers act in the interest of the organisation. A volunteer agreement will explain:

• The volunteer’s role.
• The induction and training that will be provided.
• The level of support and supervision given during the volunteer’s activities.
• Whether or not the volunteer will be covered by the organisation employer’s liability insurance or public liability insurance.
• Any health and safety issues associated with their activities.
• Any expenses that will be covered by the organisation, eg travel.

Changes to employment status

Organisations must be careful to ensure their actions don’t cause volunteers to take on employment rights. If any payment or ‘benefits in kind’ is made to a volunteer, they will then be classed as a worker in the eyes of HMRC. In this case, they are entitled to receive at least the national minimum wage.

In this case, the promise of a future job due to volunteer work can be seen as sufficient benefit to qualify someone as a worker. HMRC defines volunteer guidance as:

• That which is expected to be acquired through doing the volunteer work.
• That which is given solely to improve someone’s ability to complete their volunteer duties.

Any training that’s provided beyond this scope can lead a volunteer to become a worker. These criteria can be subjective and highly changeable depending on the nature of the organisation, as well as the work the volunteer undertakes. As such, free employment law advice for employers can give you a strong knowledge base so you can outline your volunteer approach. We have lots of resources for employers on our website.

Set out below are some suggestions (derived from the case law) to reduce the risk for organisations of creating a legally binding contract with volunteers. It may not be realistic to avoid all the potential risk factors, but removing some of the indicators of a contractual relationship should be possible:

• Avoid making payments to volunteers that could be construed as wages. Payments to cover actual expenses should be clearly identified as such and ideally reimbursed against receipts.
• Remove or, at least, minimise perks that could be seen as consideration.
• Reduce obligations on the part of the volunteer. Giving a volunteer the ability to refuse tasks and choose when to work will point away from the existence of a binding contract.
• Avoid using language that makes the arrangement sound contractual and adopt flexible language, such as “usual” and “suggested”. See Standard document, Volunteer agreement for sample wording.
• Treat volunteers fairly. Having clear procedures for dealing with problems and grievances and good communication between the parties should reduce the likelihood of disputes with volunteers.

Expert employment law advice for employers

If you’re looking for further guidance on employment law for volunteers, or advice on specific case scenarios, contact Employment Law Services (ELS) LTD today. We are a firm dedicated to supporting businesses and individuals in their working practices across the UK. Get peace of mind with comprehensive employment law help for employers and bespoke HR solutions. We have over 15 years’ experience, so we know what it takes to keep a workplace running smoothly and avoid any legal speed bumps along the way.