by Emma | Jun 5, 2023 | Newsletter
The definition of disability in the Equality Act 2010 states that the physical or mental impairment suffered by the individual must have a substantial and long-term adverse effect on the individual’s ability to carry out normal day-to-day activities. An effect will be long-term if, at the time of the discriminatory act, it has lasted at least 12 months, or is likely to last that long. This question will sometimes be difficult to determine, and medical evidence will usually be necessary. Where anxiety centres on workplace issues it should not automatically be assumed that when employment terminates the anxiety will fall away
In this case a claimant suffered from anxiety which had a substantial adverse effect on her ability to carry out normal day-to-day activities. Her anxiety only started when she experienced a loss of confidence and felt overwhelmed at work, she had experienced anxiety for only three and a half months. The tribunal concluded that, following the termination of her employment, her anxiety was unlikely to persist given that it centred on workplace issues and so she was not disabled.
However, the EAT held that the tribunal had incorrectly placed material weight on the fact the workplace was causing her anxiety and that it was unlikely to persist after termination of her employment. The tribunal should have focused on whether the effect of her anxiety could well have continued for another eight and a half months, notwithstanding the termination of her employment and lack of medical evidence.
For any disability or disciplinary issues, please contact me.
by Emma | Jun 2, 2023 | Newsletter
The Allocation of Tips) Act 2023 is expected to be brought into force in May 2024; the date will be confirmed later in the year.
Under the Act employers will be required to fairly allocate tips over which they exercise control or significant influence, and pay them to workers in full within a month of the payment made by the customer. Where tips are paid on more than an occasional and exceptional basis, the employer will also be required to have a written policy, available to all workers, that sets out how qualifying tips are dealt with.
There will also be a duty on employers to maintain a record of qualifying tips and their allocation which will have to be kept for three years. Workers will be allowed to complain to an employment tribunal within 12 months of a failure to comply with the new obligations, and the Act gives equivalent rights to agency workers.
For assistance with policies and any advice on tips, please contact us now.
by Emma | Jun 2, 2023 | Newsletter
The sunset clause in the Retained EU Law (Revocation and Reform) Bill (the Bill), which would have meant that almost all EU-derived law would have been automatically revoked by 31 December, has now been abandoned by the government.
The government have set out proposals which will apparently cut red tape for companies instead, here’s what they are:-
- removing the reporting requirements on working hours, permitting rolled-up holiday pay practices and merging the two current streams of leave entitlements (i.e. the 4 weeks’ leave entitlement deriving from EU law and additional 1.6 weeks’ leave entitlement in the UK) into one “pot” of statutory annual leave;
- removing the requirement to consult with employee representatives under TUPE for businesses with fewer than 50 people, enabling employers to consult directly with the affected employees; and
- legislating to limit the length of non-compete clauses to 3 months, the rationale being that this will provide employees with more flexibility to join a competitor or start up a rival business after they have left a position.
Watch this space!
by Emma | May 24, 2023 | Newsletter
What is Employer-supported volunteering (ESV)?
ESV is where an organisation’s employees take paid time off to volunteer during work hours. They can choose to use this time to support a charity or community group of their own choice, or to take up an opportunity provided by their company. You decide on how your business would like to manage ESV and implement a policy to suit.
Why would your business benefit from ESV?
Employee volunteering demonstrates the company’s commitment to social responsibility and community engagement. It enhances the company’s reputation and brand image, showing that it is a responsible business which goes beyond profit-making to make a positive impact on society. You can build ESV into your Corporate Social Responsibility (CSR) Policy.
Volunteering opportunities can boost employee engagement and morale. When employees are given the chance to contribute to causes they care about, they feel a sense of purpose, pride, and fulfillment. Engaged employees are more committed, motivated, and productive in their work.
Volunteering activities provide opportunities for employees to collaborate outside of their usual work roles. Working together towards a common goal fosters teamwork, strengthens relationships, and improves communication and collaboration skills among employees.
Employee will have the opportunity to gain new skills, developing leadership, project management, problem-solving, and communication skills through their participation in volunteer activities. These enhanced skills can be applied to their work responsibilities, benefiting the company.
Companies that prioritise CSR and offer employee volunteering programs are attractive to prospective employees. Younger generations, such as Millennials and Gen Z, value companies that are socially responsible and have a positive impact. A robust volunteering program can also help retain existing talent by providing meaningful engagement opportunities.
Volunteering has been linked to improved mental health and overall well-being. When employees have opportunities to give back and make a difference, it can boost their happiness, job satisfaction, and work-life balance. A workforce that is mentally and emotionally well is more likely to be productive and engaged.
If you would like assistance writing a CSR or ESV policy or implementing a CSR programme, please contact us now.Does
by Emma | May 22, 2023 | Newsletter
What are the benefits of introducing an EAP into your business?
An EAP provides employees with access to confidential counseling and support services for various personal and work-related issues. This includes mental health concerns, stress, relationship problems, substance abuse, financial difficulties, and more. By offering professional assistance and resources, EAPs contribute to improved employee well-being and resilience.
When employees have access to the support they need, they can better manage personal challenges and stressors, which can positively impact their performance and productivity at work. EAPs help employees address and resolve issues that may otherwise hinder their ability to focus and function effectively.
EAPs can help reduce absenteeism and presenteeism (where employees are physically present but not fully engaged or productive). By addressing and supporting employees’ mental and emotional well-being, EAPs can minimise the impact of personal difficulties on attendance and job performance.
EAPs promote early intervention and prevention of mental health issues and other personal challenges. By providing employees with timely access to counseling and resources, EAPs can help identify and address problems before they escalate, preventing further impact on employees’ well-being and work performance.
Offering an EAP demonstrates an employer’s commitment to supporting employees’ overall well-being. This contributes to increased employee engagement, job satisfaction, and loyalty. EAPs can also be a valuable tool in attracting and retaining top talent, as employees recognise the value of having access to supportive resources.
EAPs foster a positive and supportive organisational culture. They send a message that the employer cares about the well-being of its employees and is committed to creating a healthy work environment. This can strengthen employee morale, trust, and collaboration, ultimately enhancing the overall work culture.
EAPs can lead to cost savings for employers in several ways. By addressing mental health concerns and personal challenges, they can help prevent the need for more extensive interventions or treatment later on. EAPs can also contribute to reducing turnover costs associated with employee attrition and recruitment.
EAPs often include crisis management services, providing support to employees and the organization in times of critical incidents or traumatic events. This can help mitigate the impact of such events on employee well-being and aid in the recovery process.
EAPs prioritise confidentiality and privacy, ensuring that employees feel comfortable seeking assistance without fear of judgment or disclosure. This confidentiality encourages employees to utilise the services and seek the support they need.
