Employment Law Advices for Employers Archives | Page 4 of 7

Government Equalities Office has published new guidance on dress codes & sex discrimination

Posted on 25 May 20188 June 2023 by @deliver_els

Setting a workplace dress code – your responsibilities as an employer

Dress codes are seen as a legitimate part of an employer’s terms and conditions. There are many different reasons why employees may be asked to wear a uniform. For example, an employee may be asked to wear a uniform to communicate a corporate image and ensure that its customers/clients can easily recognise them. However, it is important that this dress code does not discriminate, for example, allowing both men and women to wear trousers in the workplace.

Government guidelines state employers should avoid gender prescriptive requirements. For example, any requirement to wear make-up, have manicured nails, wear hair in certain styles or to wear specific types of hosiery and skirts will be viewed as unlawful, assuming there is no equivalent requirement for men. These guidelines state further: “A dress code that requires all employees to dress smartly would be lawful, provided the definition of smart is reasonable.”

Health & Safety

When setting a dress code, employers should consider any health and safety implications. For example, if your employees are required to wear particular shoes (as part of a dress code rather than for PPE purposes).

Reasonable adjustments for disabled employees

Where an individual meets the definition of a disabled person under the Equality Act 2010, employers will be required to make reasonable adjustments to any elements of the job which may place a disabled employee at a disadvantage in comparison to a non-disabled person.

Transgender employees

Transgender people are those who have gender identity or gender expression that differs from their assigned sex. Many of whom will undergo the process of aligning their life and physical identity to match their gender identity – this is called transitioning.

Government guidelines state: “Transgender employees should be allowed to follow the organisations dress code in a way which they feel matches their gender identity. If there is a staff uniform, they should be supplied with an option which suits them.”

Dress codes and religion

An employer’s uniform requirements must not be discriminatory in respect of the protected characteristics governed under the Equality Act 2010 – religion being one of these characteristics.

Guidelines provide that employers should be flexible and not set dress codes which prohibit religious symbols that do not interfere with an employee’s work.

Frequently asked questions by employers

“Is it lawful for an employer to set dress codes for men and women?”

Employers can regulate what their employees wear to work to a certain extent. However, men and women should be treated equally. For example, if you require male employees to wear a shirt and tie, then it would not be unlawful to ask female employees to dress in smart office attire.

“Is it lawful to ask a female employee to wear high heels to work?”

It is likely to be viewed as unlawful asking a female to wear heels to work, due to the discomfort and health complications that come with high heels, there is also no male equivalent.

Mental Health Awareness Week 2018

Posted on 14 May 20189 June 2023 by @deliver_els

Mental health awareness week (14^th-20^th May 2018) focuses on stress and how we cope with it.

This blog will look at helping employers and employees create a mentally healthy working environment where everyone feels valued and supported.

What is mental health?

Mental health includes a person’s emotional, physiological and social well-being. It affects how we think, feel and act. It also determines how we handle stress, related to others and make choices.

Why is recognising and addressing mental health so important?

Employees who feel good about themselves tend to work more productively, interact better with others and bring value to the workplace.

A survey, commissioned by the Mental Health Foundation and Mental Health First Aid England found that a quarter of millennials said they put their health at risk to do their job, compared with 18% of baby boomers – those aged between 53 and 71.

A study conducted by the Chartered Institute of Personnel and Development (CIPD) highlights the impact mental health has on the workplace. The main findings of this study were:

57% find it harder to juggle multiple tasks
80% find it difficult to concentrate
62% take longer to do tasks
50% are potentially less patient with customers/clients

Here are a few simple steps you can take to ensure your workplace is mentally healthier:

(1) Recognise that all employees have mental health

It is important that employers are aware that all employees have mental health, in the same way an individual has their physical health. Both can deteriorate from good to bad, depending on circumstances that may be going on in and out of the working environment.

(2) Keep in contact with employees who are off with a mental health issue

You should find the right balance when keeping in touch with an employee who is off sick, employers should be aware that the longer an employee is off with a mental health issue, the less likely they are to return to work. This is because they will begin to lose confidence and feel kept in the dark from the business. Therefore, whilst an employee is off on long-term sick leave, employers and managers should:

Be clear the business will support the employee during this period and their job will still be there when they return
Keep employees in the loop about important developments at work
Have an open door policy so the employee can approach you at any time with concerns they may have

(3) Culture

Employers should develop a mental health policy, by doing this employee’s will be reassured that the business cares for their wellbeing. Having these policies in place will create an overall awareness in the workplace and encourage individuals to talk about mental health.

(4) Communication

Employers should use staff newsletters, posters and other internal communications to promote mental health awareness. As well as this, introducing discussions into staff meetings can be used as an opportunity to check in with how employees are feeling.

(5) Ensure all managers are properly trained

By training up managers, employees will be reassured that their management team is educated in mental health matters, meaning they will feel more inclined to come forward and discuss any problems they may be having in and out of the working environment.

(6) Zero tolerance to bullying policies

All employers should ensure there is a zero-tolerance approach taken to bullying in the workplace. It should be communicated in these policies that those found guilty of such conduct will be subject to disciplinary action.

Employment Law Support for Employers

If you are an employer and require employment law advice on workplace policies or any other employment issue give us a call today on 0370 218 5662. You can also find out more about our fixed fee HR packages here and fixed fee employment law packages here, or get in touch.

The Supreme Court hands down its long-awaited decision in the appeal of Newcastle upon Tyne Hospitals NHS v Haywood

Posted on 1 May 201812 June 2023 by @deliver_els

This complaint was brought by Haywood who was dismissed after being made redundant by her employers, Newcastle upon Tyne Hospitals NHS Foundation Trust. In this case the claimant had worked for the NHS for over 30 years as an associate director of business development.

The provisions of her employment contract ensured that she was entitled to a minimum 12-week notice period but was silent on how the notice should be communicated.

On the 13^th April, Haywood received the news that her role was at risk of redundancy following the merger of the two NHS bodies. She accepted this, however, requested that the final decision should not be made in her absence – informing her employers she was on annual leave from the 19^th April 2011 – these holidays had already been approved by her employers.

On the 20^th April, the Trust sent a letter to Haywood that provided her with a written notice of termination – with the knowledge that she was away on holiday at the time.

However, they mistakenly said that they had given her written notice that was dated the 21^st April, which appeared to be misdated; the letter was sent on the 20^th April to her home address by recorded delivery and by normal post. A copy of this letter was also sent to her husband’s email address.

This meant that should the claimants employment be terminated before her 50^th birthday, she would receive a reduced pension.

Because Haywood had told her employers she would be on holiday and would not be back until 26^th April, there was no one at home when the recorded delivery letter arrived.

It wasn’t until the 26^th April that her father in-law went and collected the letter from the local sorting office. Haywood then returned home from her holiday on the 27^th April, it was this date that the letter was read.

Her employers claimed that the notice was communicated effectively on the 20^th April, which meant her 12-week notice period lapsed before her 50^th birthday, which fell on the 20^th July.

The claimant argued that the notice of termination was not communicated until she actually read the letter on the 27^th April. Thus, her termination date would be after her 50^th birthday.

Both the High Court and the Court of Appeal upheld this case, agreeing that the claimants notice period commenced on the 27^th April, with the Court of Appeal expressing that the effective date is when the individual reads the termination letter.

A statement from the Supreme Court read: “On the unusual facts of this case, the date on which the 12-week notice period started to run was highly material. If it commenced on the 27^th April, it expired on the 20^th July 2011 – the date of Mrs Haywood’s 50^th birthday – and Mrs Haywood would be entitled to claim a non- actuarially reduced early retirement pension.”

Due to the absence of an expressed contractual provision, the courts had to determine the implied contractual term to work out when the notice to effect. Haywood’s employers argued that a common law rule, that originated from landlord and tenant cases, maintained that notice was given when the letter was delivered to the claimant’s address.

Haywood was then dependent on the approach taken by the Employment Appeal Tribunal (EAT) in previous employment cases; that notice takes effect when it has been received and read by the employee. The Supreme Court majority supported this approach and agreed that the EAT was correct.

Employer considerations

The decision made in this case is important for both employers and employees, as the date in which the employment relationship is terminated can play a crucial factor when determining an employee’s entitlement to a bonus or contractual payment, insurance, employee benefits, the right to claim unfair dismissal, redundancy pay and pension rights.

How can Employment Law Services (ELS) help?

For employers that already have contracts of employment in place, we can review all existing documents and update them as required; for employers that have nothing in place, we can produce effective contracts of employment for all employees from scratch.

Therefore, If you require employment law advice on any of the issues raised in this article, or any other employment issue give us a call today on 0370 218 5662. You can also find out more about our fixed fee HR packages here and fixed fee employment law packages here, or get in touch.

Supporting employees during Ramadan 2018

Posted on 26 April 201812 June 2023 by @deliver_els

This year Ramadan begins on the 16^th May and will last for 30 days, until the 14^th June. Ramadan is the 9^thmonth of the Islamic calendar and is observed by Muslims worldwide as a month of fasting to commemorate the first revelation of the Quran.

Throughout this period, Muslims will fast and engage in extra prayers and worship. Therefore, it is extremely important employers are aware of their obligations towards their Muslim employees.

What does the law say?

In the Equality Act 2010, religion or belief can mean any religion. For example, an organised religion like Christianity, Judaism, Islam or Buddhism, or, a smaller religion like Rastafarianism or Paganism. Legislation also covers those with no beliefs or lack of beliefs.

Therefore, it will be viewed as unlawful should you treat an employee less favourably because of their religion or beliefs.

Have workplace policies on religious observance

Employers should have workplace policies regarding religious observance during working hours. This will ensure the workplace is consistent and managers are aware of what they can do to support employees. Lack of policies or failing to support your employees will expose the business to complaints of religious discrimination.

Employers and managers should be considerate and understanding

Throughout Ramadan, managers should be mindful of Muslim colleagues and offer support to help manage their workload. Employers may find that the productivity levels of employees who are fasting are affected, thus, employees should not be unduly penalised or criticised in the even that they lose productivity during fasting hours.

Flexible working

Where possible, employers may wish to consider implementing flexible working arrangements during Ramadan, all of which should be clearly set out in the workplace religious observance policy. In this instance, employees may prefer to start working earlier and work right through lunch in order to finish early. Employers will find that productivity is less likely to be affected when employees are granted the right to work flexibly during Ramadan.

Be corporative with holiday requests

With Ramadan ending in the middle of June this year, Muslim employees may wish to take annual leave to allow them to celebrate Eid with friends and family. There is no automatic legal requirement to time off, however, employers and managers should try their best to accommodate any requests during this time period.

Should an employer decide to refuse an employee time off following Ramadan, there should be a clear and fair reason provided as to why their annual leave request cannot be accommodated at that time.

How can Employment Law Services (ELS) Help?

If you require employment law advice on any of the issues raised in this article, or any other employment issue give us a call today on 0370 218 5662. You can also find out more about our fixed fee HR packages here and fixed fee employment law packages here, or get in touch.

EAT says father who was refused enhanced shared parental pay was not discriminated against!

Posted on 16 April 20188 June 2023 by @deliver_els

The Employment Appeals Tribunal (EAT) has ruled it is not discriminatory to refuse a new father enhanced pay whilst on shared parental leave.

In Ali v Capita Customer Management the judge held that the Employment Tribunal (ET) had failed to take into consideration the purpose of paid maternity leave when it reached its decision and ruled that it was not a matter of discrimination refusing the father the same rights as the new mother following the birth of their child.

In 2017, the ET held it was direct sex discrimination to allow Mr Ali only 2 weeks leave on full pay, when female employees were allowed 14 weeks maternity leave with full pay.

In this case, Mr Ali’s wife had been advised by her GP to return to work early to help with her post-natal depression. Mr Ali’s employers granted him 2 weeks fully paid paternity pay and a number of weeks paid annual leave following the birth of his child.

However, Mr Ali’s employers had only offered statutory minimum pay thereafter, this meant that once he had taken his 2 weeks paternity leave, everything after would be a substantial loss in earnings.

Mr Ali lodged a complaint to the ET claiming that his employers refusing to pay him the same rate as his partner was direct sex discrimination. His employers appealed this, arguing that Mr Ali could not compare his situation to the new mother on maternity leave as he was not the one who had given birth.

The ET responded agreeing with Mr Ali, arguing that he had not compared himself to the mother who had given birth. Suggesting further, that after the initial two – week recovery period that is specific to a baby’s mother, a female employee on maternity leave was an appropriate comparator; it was irrelevant that Mr Ali had not given birth.

Last week, Capita Customer Management won its appeal against the ET decision.

The EAT held that the ET had poorly interpreted Mr Ali’s circumstances. Arguing that the purpose of maternity pay and leave is to recognise the “health and wellbeing of a woman in pregnancy, confinement and after recent child birth.”

Working Families’, Chief Executive, Sarah Jackson said: “We intervened in this case because the particular workplace disadvantage women face having experienced pregnancy and child birth must continue to be recognised in law. Only women can experience child birth and maternity leave is to protect a women’s health and wellbeing – it cannot simply be equated with ‘child care’.”

However, she does highlight the importance of providing men with greater childcare rights. “We have long called for greater rights and pay for working fathers – including a properly – paid, standalone period of extended paternity leave for fathers – but these should complement, not undermine, the rights of working mothers.”

Employers will be happy to hear they do not have to take any drastic measures to amend workplace policies immediately. However, they should be aware of any potential risks and challenges that may be made by male employees and be fully prepared to proceed with complaints should they arise.

How Employment Law Services (ELS) Can Help Employers?

Employers concerned about any of the issues raised in this article can take advantage of Employment Law Services (ELS) free consultation service – call us today to arrange your free consultation – 0800 612 4772.

How to upskill your workforce to get the most out of your employees

Posted on 13 April 20189 June 2023 by @deliver_els

One of the biggest concerns for small business owners is the skills gap as the UK is soon set to leave the EU.

Recruitment website Totaljobs.com have produced research identifying 2 out of 3 employees have moved on due to lack of development opportunities and training.

Providing your employees with training and further education opportunities can have a number of benefits for your business in the long-term, including, improved employee morale, higher retention and increased productivity.

Therefore, upskilling your current workforce is a crucial step to keep your employees engaged. Here are our top tips to get the most out of your team.

Workplace mentoring

New starts and junior level employees benefit from this the most. Mentoring can be done informally – simply set aside some time each week to give your employees feedback, and work alongside them when solving problems and decision making. This has been proved as a more efficient way to bring employees up to scratch more quickly than if left unsupervised.

Training courses

Training courses are effective when improving your current workforce. However, they are also viewed as attractive benefits for ambitious individuals. Benefits include:

Increased productivity
Employees develop a greater skill set which in turn allows them to undertake a wider variety of duties
Increased ability to adapt effectively to change in the workplace

A report published by research firm Gallup – “How millennials want to work” identified that 59% of respondents said that opportunities to learn and develop were crucial when applying for jobs.

Set out roles & responsibilities clearly

If your employees have a clearer understanding of what is expected of them and how their input contributes to the success of the business, they will have a greater sense of purpose and in turn will have a stronger commitment in what they can achieve.

We recommend holding team meetings once a month to ensure all employees are contributing. This helps them understand their own individual role as well as the importance of their team.

Reward your employees for their efforts

It is well established that happy employees are vital to the long-term success of any organisation. Recognising your employees hard work and rewarding them will:

Create a good impression of your business to those outside of it
Aid the recruitment process
Encourage your employees to always go that extra mile for the business
Supports team work and cohesiveness

How can Employment Law Services (ELS) Help?

April 2018: Important employment law updates

Posted on 5 April 20187 June 2023 by @deliver_els

April is always one of the busiest months of the year in the world of employment law. Here is a summary of the key updates employers should be aware of:

(1) National Living Wage & National Minimum Wage

The NLW is to increase from £7.50 to £7.83 per hour while the NMW will increase as followed: –

21 to 24-year-old rate from £7.05 to £7.38 per hour;
18 to 20-year-old rate from £5.60 to £5.90 per hour;
16 to 17-year-old rate from £4.05 to £4.20 per hour;
Apprentice rate from £3.50 to £3.70 per hour;

(2) Statutory Benefits

On the 1^st April, statutory maternity/paternity/adoption/shared parental pay and maternity allowance will increase to £145.18 per week (currently £140.98 per week).

As of the 6^th April, statutory sick pay will increase to £92.05 per week (currently £89.35 per week).

(3) Tribunal Compensation

Compensation limits are minimum awards payable under employment legislation and are set to increase on the 6^th April. Increases go as followed:

Maximum limit on compensatory award for unfair dismissal will increase to £83,682 (currently £80,541);
Maximum limit on a week’s pay for calculating basic award and statutory redundancy payments will increase to £508 (currently £489);
Guarantee pay will increase to £28 per day (currently £27 per day);
The minimum basic award in cases where a dismissal is unfair by virtue of health and safety, employee representative, trade union, or occupational pension trustee reasons will increase to £6,203 (currently £5,970);
Award for unlawful inducement relating to trade union membership or activities, or for unlawful inducement relating to collective bargaining will increase to £4,059 (from £3,907)
Minimum amount of compensation where individual excluded or expelled from union in contravention and not admitted or re-admitted by date of tribunal application will increase to £9,474 (currently £9,118)

(4) Taxation of Termination Payments

As of 6^th April, all payments made in lieu of notice, will be taxed, regardless of whether they are contractual or not.

(5) Gender Pay Gap Reporting

The 4^th April is the deadline in which gender pay gap reports should be published. These results must be made public on the employer’s website and a government site. This means the public, customers, employees and potential recruits will have access to these figures.

Employers should consider taking new or faster actions to reduce or eliminate their gender pay gaps.

How can Employment Law Services (ELS) Help?

How to manage a disgruntled ex-employee

Posted on 4 April 20189 June 2023 by @deliver_els

As an employer, you will eventually experience a disgruntled ex-employee. The problem with an angry former employee is they pose a risk to your business. Therefore, the sooner this situation is addressed, the better.

All employers should ensure they take the following steps:

(1) Arrange An exit interview with the employee

When an employee hands in their letter of resignation, employers should arrange an exit interview to allow them to understand their thoughts and reasoning behind the resignation.

In the exit interview, the employee should be reminded of their contractual duties whilst working their notice. For example, the employee may be reminded of clauses in connection to confidentiality and accessing company records.

If it states in the employment contract things they should not do when leaving the company, they should be reminded of this too and that the company will deal with any breaches.

(2) Ensure you have robust contracts of employment in place

Post termination restrictive covenants are contractual clauses which may be set out within a contract of employment. If this is the case, employers should use them when an employee hands his/her notice in.

The most common restrictions an employer may place on an employee who wishes to terminate the employment relationship are:

General confidentiality clauses; these make it unlawful for the employee to disclose sensitive information about the organisation and its clients
Non-solicitation clauses; this means the employee cannot approach the organisations existing clients when the employment has been terminated
Non-dealership restrictions; such clauses prevent the employee from doing business with the organisations clients after they leave the employment

(3) Have everything documented

Since the Supreme Court made the decision to abolish tribunal fees in July 2017, employees can now bring a claim to the Employment Tribunal without that financial barrier. It is therefore extremely important that employers document everything to minimise risks associated with the Employment Tribunal. Employers should keep all important documents, including, the employee’s resignation letter and any minutes taken at the exit interview.

How can Employment Law Services (ELS) Help?

Bank Holidays: 5 things every employer should know

Posted on 28 March 20187 June 2023 by @deliver_els

Everyone loves a bank holiday, unless you are an employer trying to work out your obligations and your employee’s rights. As we approach the Easter bank holiday, here is what you need to know:

(1) There is no statutory right for employees to have bank holidays off work. An employee’s right to time off will depend on the employee’s contract of employment.

(2) There is no statutory right to extra pay; for example, should an employee work a bank holiday, they will not be entitled to time and a half. Any right to extra pay will depend on the provisions of the employment contract.

(3) Part time workers should not be treated less favourably than full time workers. To follow best practice guidelines, employers should give part time employees a prorated allowance of paid bank holidays, regardless of whether or not they normally work on the days on which bank holidays fall.

(4) If the employment contract states an employee will be required to work bank holidays, they cannot refuse this, even on the grounds of religious reasons. However, it is important to note, refusal to grant Christian employees time off for any of the bank holidays with religious significance could expose you to indirect religious discrimination claims.

(5) If the employment contract states that employees are entitled to “statutory entitlement plus bank holidays”, this no longer means 20 days leave plus 8 bank holidays. In 2009, the statutory minimum leave was increased from 4 weeks to 5.9 weeks, thus, this wording would grant 28 days holiday with 8 bank holidays on top. Employers should check the wording in their employment contracts to determine if this is an issue.

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Tribunal claims increase by 90% since the abolishment of fees!

Posted on 12 March 201812 June 2023 by @deliver_els

The Ministry of Justice has released its latest round of data on Employment Tribunals and key figures show:

Single Employment Tribunal claims received have increased by 90%
Single Employment Tribunal claims disposed of have increased by 21%
The backlog of single Employment Tribunal claims have increased by 66%
Multiple Employment Tribunal claims received have increased by 467%

From the launch of the Employment Tribunal refund scheme in October 2017 to 31^st December 2017, 4,800 applications for refunds were received, and 3,400 payments with a total value of £2.8m were made.

These statistics suggest that employers will continue to face a rapid increase in claims as employees are no longer restricted from using the Employment Tribunal process.

It is evident that this new advantage of being able to lodge an Employment Tribunal claim, is increasing costs for business owners and placing a significant amount of pressure on Employment Tribunals who have had to cut staff. In turn they are struggling to manage caseloads and as a result, outcomes are being delayed.

How can Employment Law Services (ELS) Help?