Three years to the day that the UK went into lockdown, we held our first in person event since then. Our last event had focused on mental health and the responsibility of employers to adopt a supportive role to ensure compliance with Equality Act 2010 and to create a productive and engaging environment for all, including those who may be suffering from mental health difficulties. Were we to know how important this message would be over the years 2020 until now and how relevant creating positive and inclusive workplaces is in 2023. This series of articles focuses on three of the main strands of being an effective employer, compliance with employment law, flexible and collaborative working and health and well being. What stands out is their interdependence and the strength of the sum of the parts.
This time of year there are always the updates on statutory rates for maternity, paternity, shared parental, redundancy and the national minimum wage. Always good to check and update any policies that make reference to these rates and ensure any calculations are accurate. Noting that there is a trend amongst employers not to enhance statutory rates which can be difficult for employees and also reflecting that there is good movement and demand in the employment market which is helpful for those facing possible redundancy.
ACAS are in the process of issuing new guidance on suspension during disciplinary action and it is sensible for employers to follow these steps as employment tribunals often use these as a benchmark of good practice. This guidance will require employers to consider a wide range of alternatives to suspension and is more prescriptive on the measures that could be put in place to allow them to continue working including working from home, working in a different department, avoiding use of particular systems (for example if allegations of theft remove access to accounting and banking systems but remain at work), working on different shifts and the employer should be able to demonstrate consideration of all alternatives to justify their decisions. Suspension should be the last resort and able to be strongly substantiated.
There is due to be guidance on Fire and Rehire following consultation and this will influence the way that employers approach communication and consultation on altering terms and conditions.
A reflection of the way that we work now is demonstrated in the pending changes in the Flexible Working Bill in which this will become a Day One right, the right to make a request twice in one year and requiring the employer to consult with the employee before refusing a request. It is likely that it will become much more difficult for employers to reject requests, given that many have demonstrated that remote and flexible working is possible as demonstrated through the pandemic.
A trend to watch is the Safe travel home passed by Glasgow City Council which requires all employers extending their late licence to ensure that those working late at night have a paid and safe travel home after 11pm. This clearly affects the licenced hospitality trade but it could impact on other businesses which operate late shifts for example NHS. One to watch and to think about if you have employees working beyond 11pm.
