A Subway manager in Glasgow recently found this out the hard way after losing an unfair dismissal claim instigated by one of his vegan employees, who could provide evidence that she was bullied and belittled for her dietary requirements.
Many believe the solution lies in the government improving its offering to new dads.
We think this is a positive step that will add increased flexibility to existing parental leave laws and take the pressure off both employees and employers in difficult circumstances.
Last month, a senior TikTok boss reportedly told his London staff that he doesn’t think companies should offer paid maternity leave.
It’s an idea that’s being put into action in Spain. Recent reforms here will provide extra support for menstruating employees whilst also making it mandatory for schools to provide sanitary products; ensuring pads and tampons are free for women in marginalised circumstances; and remove VAT charges on menstrual products in supermarkets.
On the one hand, it’s a positive step towards recognising the impact that menstruation can have on female staff and allowing those affected to manage their time – and their health – more effectively and more productively. After all, recent statistics have shown that more than 70% of women have taken time off work due to their periods.
On the other, there is concern that women will not take up their employer’s offer of free leave, as they feel there is too much stigma surrounding the issue.
What do you think? Should we follow Spain’s lead, or is there a better way forward?
An in-house solicitor at British Gas has won a claim for sex discrimination after she was accused of ’losing her focus’ when returning from maternity leave, and subsequently was made redundant two years later.
The case found that the IP specialist – who re-entered the workplace in 2017 after having triplets – was wrongly scored as underperforming. The employee also said she felt under pressure from her managers to work on her non-working days.
The tribunal concluded that the women had been treated less favourably
than a full-time employee, and it was unfair for British Gas to give her the
performance rating that ultimately led to her dismissal.
The experiment – which will last for 6 months – will see more than 70 companies pilot a scheme that provides employees with 100% of their pay for 80% of the hours they would usually work.
There’s been a recent spike in Covid cases up and down the country, with staff sickness having a significant effect on production in a variety of industries, not least the hospitality sector.
In fact, according to the FSB, one in seven businesses they represent cannot trade as they should at the moment due to Covid-related absences.
Some believe that providing businesses with tests for their employees will lessen the strain and serve to better protect staff.
However, whether they have access to these tests or not, much of the onus now lies with employers in terms of ensuring the correct policies are place to curb infections and safeguard the most vulnerable.
For advice on how to live with Covid now that government-imposed regulations have been lifted and free tests have been scrapped, we’re already helping many companies navigate their duty of care.
Employees at Pizza Express have won back their right to take home 70% of their tips, less than a year after the business announced they were slashing waiting staff’s slice of the gratuities down to just 50%.
The U-turn was brought about by the Unite union, which argued that workers were struggling to survive on the basic legal minimum wage without a bigger share of digital tips, especially as the move to contactless payments had all but demolished cash bonuses.
The move will come as a welcome relief to those who had been forced to take extra shifts just to make ends meet.
Need to set out a clear tipping policy for your own hospitality business? We can help!
At the moment, if a woman on maternity leave is selected for redundancy, she has the right to be offered a suitable alternative role without having to go through the interview process. If the new Employment Bill is voted through, this protection will be extended for six months after the woman has returned from maternity leave.
It’s a step in the right direction in terms of combating discrimination against those who have taken time off to care for a newborn (or newborns!).
In line with the imminent increases to National Minimum Wages and National Living Wages, statutory payments will also be rising on 3rd April 2022.
The payment rates for Statutory Paternity Pay, Statutory Shared Parental Pay, Statutory Bereavement Pay, Statutory Maternity Pay and Statutory Adoption Pay will rise to £156.66 per week or 90% of the average week’s earnings.
The rate for Statutory Sick Pay will be rising slightly as of 6th April 2022, and national insurance contributions will increase by 1.25% on this same date, until at least 5th April 2023. HMRC asks that all payslips are updated to explain that this uplift in NICs will be used to fund NHS, health and social care.
Following on from the announcement of the government’s ‘Living
with Covid’ strategy, this is a gentle reminder that the Statutory Sick Pay
Rebate Scheme finished on 17th March 2022.
From this date, employers will no longer be able to claim back statutory sick pay (SSP) to cover staff absences relating to testing positive for Covid-19 or having to abide by self-isolation rules.
Business owners and their teams will have until 24th March to submit any new claims for absence periods up to 17th March or amend any claims that have already been submitted.
Regardless of the reason why the employee is off work, companies must revert to paying SSP from the fourth qualifying day of absence, as was the case pre-pandemic.
From 5 April 2022, the government will be boosting both the National Minimum Wage (NMW) and the National Living Wage (NLW). The NLW rate will be increasing by 6.6%, from £8.91 to £9.50, while the NMW rates will soon be as follows (broken down by age):
From 5th April 2022, employers must revert to in person checks for Right to Work documentation. During Covid, it has been possible to carry out such checks remotely via video calls, then scan over the documents – but we’re expecting new guidance to be introduced shortly as the Home Office prepares its post-pandemic strategy.
Be honest – would you have considered introducing flexible working policies within your business if it wasn’t for Covid-19?
The pandemic has changed the way we live and work, with employees demanding much more flexible and adaptable working hours in order to juggle the many demands that these challenging times are placing on them.
But what if it’s not feasible for your staff to choose their own work hours, or log in from home most of the time?
The government has announced Plan B in a bid to curb infections of the new Omicron Covid variant. But what does this mean for employers?
The latest guidelines encourage employees to work from home wherever possible from this week. However, if employers still require their staff to come into the workplace, they will need to carry out a full risk assessment and decide if any changes need to be implemented onsite to help increase Covid safety. This could include asking staff to wear masks when moving around the building; providing hand sanitiser; providing wipes for common touch points; and encouraging them to take regular lateral flow tests to identify any cases early.
Feel free to contact us if you’d like to discuss how to implement changes within your organisation.
Though we’ve been receiving somewhat conflicting advice of late, many companies are keen to push ahead with their much-anticipated Christmas parties this year.
As well as ensuring your festivities are Covid-safe – which may include ensuring that all workers present a negative test on arrival – now may also be a good time to review your party plans to make sure they are inclusive as possible. Everyone should have the chance to let their hair down without feeling unsafe, uneasy, or being discriminated against, as per the standard employment laws that need to be followed all year round.
To make sure everyone feels welcome and accommodated for this Christmas, you might want to:
Pick a time that works for everyone and
accounts for your team’s work, family and religious commitments
Choose a neutral, easily accessible venue with
no religious associations
Check that attendees with disabilities will be
able to access the premises
Stock non-alcoholic beverages to cater for those who can’t, or
don’t want to, drink
And don’t forget, as an employer, you should remind employees that the party is an extension of the workplace. Unacceptable behaviour will have consequences and possibly lead to disciplinary action, in the same way it would in the normal work environment.
While the responsibility does not fall on employers to prevent depression, anxiety and other mental health issues amongst their staff, those who are managing teams should be doing everything they can to ensure their work environment has adequate support structures in place to look after individuals who are facing challenges.
ACAS has put together a useful guide for addressing mental health issues in the workplace. It provides guidance on how to spot the signs of poor mental wellbeing amongst your employees, and what to do if you suspect somebody is struggling.
Click the link below for more information on your duty of care as an employer, and advice on ways you can create a safe, compassionate place of work for everyone, regardless of what they’re going through. You can also contact us for tailored suggestions and assistance with implementing new-and-improved mental health policies.
Did you experience staff lateness (and perhaps even no-shows) due to blocked roads and long diversions caused by the eco-protests in recent weeks?
As an employer, you are legally within your rights to refuse to pay your employees for hours missed due to transport problems. But this is often an unpopular route to take, as your workers could argue that the situation was beyond their control.
The team here at Little Rock Employment Law can help you settle any disputes that have arisen from the recent disruption. Just as importantly, we can help you implement new lateness policies that will make everyone’s obligations and responsibilities a lot clearer moving forward.
After all, we can’t always predict what’s going to happen – but we can do our best to prepare for similar situations in the future.