by Emma | Oct 10, 2023 | Newsletter
The Act amends the Employment Rights Act 1996 (ERA 1996) to give workers and agency workers the right to request a predictable work pattern. The circumstances in which they will be able to do this will be where:
- There is a lack of predictability as regards any part of their work pattern (fixed term contracts of 12 months or less are presumed to lack predictability);
- The change relates to their work pattern; and
- Their purpose in applying for the change is to get a more predictable work pattern.
A maximum of two applications may be made in a 12-month period. The length of service requirement to access the right, which is expected to be 26 weeks, will be specified in regulations.
Employers, temporary work agencies or hirers will be able to reject applications based on statutory grounds. These will include the burden of additional costs, detrimental impact on the recruitment of staff or other aspects of the employer’s business, or there being insufficient work during the periods the worker has asked to work. Workers and agency workers will have the right not to suffer a detriment short of dismissal for making an application under the procedure or for bringing proceedings to enforce the statutory right to request a predictable work pattern. It will also be automatically unfair to dismiss an employee for making an application under the statutory procedure or for bringing proceedings to enforce the statutory right.
The Act is due to come into force a year after receiving Royal Assent (next September) and an Acas code of practice which will provide guidance on how to make and handle requests will be issued for consultation over the coming weeks.
by Emma | Aug 4, 2023 | Newsletter
Currently, employed fathers and partners have to choose between taking one week or two weeks’ paternity leave; this will change so that they can take the two-week entitlement in two separate blocks of one week if they want to. Rather than just being able to take statutory paternity leave in the first eight weeks after birth or placement for adoption, it will also be possible for the leave to be taken at any time in the first year.
Currently, an employee has to provide notice of the date on which they want their paternity leave to start 15 weeks before the birth. These notice requirements will be changed and it is proposed that only 28 days’ notice will be needed, although the notice of entitlement will still need to be given 15 weeks before birth.
Watch this space for implementation date.
by Emma | Aug 4, 2023 | Newsletter
The Employment Relations (Flexible Working) Bill received Royal Assent on 20 July. The Employment Rights Act 1996 will be amended so that:
- An employee will no longer have to explain what effect, if any, they think their requested change will have and how this should be dealt with.
- An employee will be entitled to make two requests in any 12-month period.
- An employer won’t be permitted to refuse a request unless the employee has been consulted with.
- The time for an employer to come to a decision on a request will be reduced from three to two months.
The legislation look’s likely to come into force in approximately a year’s time, to give employers time to prepare.
The government has reiterated that the right to request flexible working will become a “day one” right at some stage, although this is not an amendment made by the Act and will require secondary legislation to remove the current 26 weeks’ continuous employment qualifying requirement.
by Emma | Jul 17, 2023 | Newsletter
Did you know that alcohol causes 17 million sick days in the UK every year?
With this in mind, it is important to provide your employees with support.
How can you do this?
1) Promote awareness – what is responsible drinking? what are the health risks?
2) Train your management team
3) Invest in well-being services and counselling support
4) Have clear policies in place
5) Don’t encourage a drinking culture – plan socials which are drink free
6) Signpost your employees to support services
For further guidance, please give me a call.
by Emma | Jul 17, 2023 | Newsletter
A judge has ruled that a teacher was a victim of unintentional harassment after the employer refused to let the employee’s mother attend her disciplinary hearing, which amounted to failure to make reasonable adjustments. The teacher was disabled, with anxiety and depression.
In this case she also won her case for unfair dismissal, despite having boasted about having cocaine delivered to the school that she worked at. The investigation was deemed to be flawed from the start.
This is a reminder to ensure investigations and disciplinary hearings are procedurally fair and for reasonable adjustments to be made where deemed appropriate.
If in doubt, please drop me a line.
by Emma | Jul 17, 2023 | Newsletter
This case established that gender critical views are protected as a belief under the Equality Act 2010.
The Company dis-continued her contract after she tweeted about her views. But the Employment Tribunal upheld Forstater’s case, concluding that she had suffered direct discrimination on the basis of her gender critical beliefs and she was awarded more than £100k.
The gender-critical movement argues that recognition of transgender people, particularly trans women, conflicts with women’s “sex-based rights”.
