New Rights on the Horizon for Workers on Zero-Hour Contracts and Unpredictable Working Patterns

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An Employment Law Change Aimed at Worker Security
September 2024 will see the introduction of The Workers (Predictable Terms and Conditions) Act 2023, a pivotal change in UK employment law.

Understanding the Act

What is The Workers (Predictable Terms and Conditions) Act 2023?
This legislation grants all UK workers, especially those on zero-hours, fixed-term contracts of less than 12 months, and temporary contracts including agency workers, the legal right to request a more predictable working pattern.

Requests for Predictability: How and What?
The new statutory right enables workers to request more predictable work patterns, focusing on certainty in work hours and times. Workers must submit these requests in writing, and employers are required to respond within a month. Although requests can be declined, employers must base their decisions on specific grounds such as additional costs or insufficient work.

Grounds for Refusing Requests
Employers can refuse requests for predictable working patterns based on:

• Burden of Additional Costs
• Inability to Reorganise Work Among Existing Staff
• Inability to Recruit Additional Staff
• Detrimental Impact on Quality or Performance
• Insufficiency of Work During Requested Periods

It’s crucial for employers to handle these requests reasonably (though the definition of ‘reasonable’ is yet to be clarified) and notify workers of their decision within a month.

Industries Most Impacted
This Act will notably affect sectors like hospitality, retail, healthcare, education, the gig economy, and industries with project-based or seasonal work. These industries will need to carefully balance operational needs with workers’ new rights.

Practical Steps for Employers

1. Understand the New Law: Educate yourself and your team about the Act’s specifics.
2. Train Your Team: Prepare your HR and management teams to respond appropriately to requests.
3. Audit Your Business: Assess how many staff could be impacted by this change.
4. Review Contracts and Work Patterns: Anticipate potential requests and plan how to accommodate them.
5. Stay Informed: Look out for the upcoming Acas Code of Practice for more guidance.

Need Advice, Training or an Employment Law Update?
For bespoke training or advice on this topic, reach out to us at info@orchardemploymentlaw.co.uk. For further information or support with Employment Law or HR, visit our website at http://www.orchardemploymentlaw.co.uk.

Understanding Equal Pay: Lessons from Birmingham City Council’s Bankruptcy

The recent bankruptcy filing by Birmingham City Council, following settlements for Equal Pay claims that totalled over £760 million, has highlighted the critical importance of adhering to Equal Pay regulations. This event serves as a significant reminder for all employers regarding the financial risks associated with non-compliance.

What is Equal Pay?

Equal Pay is a principle set out in the UK’s Equality Act 2010, stating that men and women performing equal work must receive equal pay. The work does not have to be identical but must be considered ‘like work,’ ‘work rated as equivalent,’ or ‘work of equal value.’ Failure to comply can lead to not just back payments but also significant fines.

Practical Steps for Employers

Regular Pay Audits

One of the most effective ways to ensure you’re abiding by Equal Pay laws is by conducting regular pay audits. These audits should aim to uncover any unjustifiable pay disparities among employees performing the same or similar roles.

Maintain Transparency

A transparent pay structure can serve as a preventive measure against potential legal action. Make it clear how pay scales and bonuses are calculated and awarded, so employees know where they stand.

Training and Awareness

The responsibility of ensuring compliance doesn’t just lie with HR. Make sure that your management teams are also well-versed in the complexities of Equal Pay regulations to prevent unintentional violations.

Consult Legal Experts

Given the intricacies involved in employment law, it’s often prudent to seek expert legal advice, particularly when implementing changes to your pay structure to address any discovered pay disparities.

Why It Matters

The case of Birmingham City Council highlights that Equal Pay is not merely a matter of legal or ethical responsibility. It’s essential for the financial sustainability of your organisation. Ignoring this vital aspect can result in severe financial repercussions and tarnish your reputation irrevocably.

In summary, proactively addressing Equal Pay in your organisation is not just the right thing to do; it’s a business imperative. Ignoring it could be financially ruinous, as demonstrated by the unfortunate case of Birmingham City Council.

For further advice and a consultation, feel free to contact us at http://www.orchardemploymentlaw.co.uk

The Impact of the new Flexible Working Bill on UK Businesses

The Flexible Working Bill received Royal assent on 24th July 2023, the changes and impact will not come into effect until 2024 but we like to stay ahead of the curve. In this blog, we will explore the implications of this bill on UK businesses, employees, and the broader work culture.

1. Understanding the Flexible Working Bill

The Employment Relations Flexible Working Bill was designed to change the way we work, it recognises some of the challenges felt by some groups of working people and in theory makes it easier for employees to ask for flexible working. 

We can’t talk about the Flexible Working Bill without explaining what Flexible Working is:

Flexible Working is moving away from the traditional need to be in the office or place of work 9 am to 5 pm at least 5 days a week. Some examples of flexible working include:

• Working from home sometimes or at all times.
• Changing working hours could be a reduction of hours, working core hours or condensing shift patterns.
• Job sharing.
• Moving from full-time to part-time.

Our view is that although employees will be able to request flexible working more often and potentially sooner than before, the reality of the impact may not be as strong as intended. Here’s why:

2. The Right to Request Flexible Working from Day One

At the moment, an employee only has the right to make a flexible working request once they have 26 weeks of continuous service.

The new Flexible Working Bill means that employees will still need 26 weeks of service in order to make this request BUT… the government has suggested that they might reduce this to a Day One right in another bit of legislation.

We will keep an eye out for the ‘Day One change and blog about it if and when it happens.

3. Two month time limit for an employer to respond.

When the new Flexible Working Laws come into effect employers will have to respond to flexible working requests within 2 months unless an extension has been agreed.

4. Employees can make more than one request.

At the moment, employees can only make one request in a 12-month period, the new laws on flexible working will allow people to make two flexible working requests within a 12-month period.

5. Employers will need to consult with employees and provide an explanation as to why a request is or is not approved.

There is no obligation for employers to make flexible working arrangements but they should consider and discuss these requests in a fair and reasonable manner. However, there is no minimum standard on what is fair and reasonable.

6. Potential Impact on Employers

While the bill represents a step towards a more adaptable and modern work culture, it may pose challenges for some employers. These challenges include:

a) Operational Adjustment: Businesses may need to re-evaluate their operational processes to accommodate flexible working arrangements while ensuring productivity and efficiency are maintained.

b) Managing Workloads: Employers must ensure that workloads are distributed equitably among employees, regardless of their working patterns, to prevent burnout and maintain a healthy work environment.

c) Communication and Team Cohesion: With employees working at different times or locations, effective communication becomes crucial. Employers should consider investing in suitable technologies and strategies to foster collaboration and maintain team cohesion.

d) Legal Compliance: Companies need to navigate the legal aspects of the bill carefully to avoid potential disputes or non-compliance issues.

7. Benefits for Employers

Despite the challenges, the Flexible Working Bill also presents several benefits for employers:

a) Attracting Talent: Offering flexible working options can make a business more attractive to top talent, leading to higher retention rates and improved recruitment prospects.

b) Enhanced Employee Engagement: Empowering employees with flexibility can boost their morale, job satisfaction, and overall engagement with the company.

c) Productivity and Performance: Studies have shown that employees with flexible working arrangements can be more productive and deliver higher-quality work.

d) Cost Savings: Embracing flexible working may allow businesses to reduce office space requirements, resulting in cost savings.

8. Employee Perspectives

The Flexible Working Bill is likely to be well-received by employees for the following reasons:

a) Improved Work-Life Balance: Flexibility enables employees to better manage personal commitments and achieve a healthier work-life balance.

b) Reduced Commute: Flexible working can significantly cut down commuting time, leading to less stress and a positive impact on the environment.

c) Individual Needs Consideration: Employees with specific needs, such as parents or individuals with health conditions, can tailor their work arrangements to suit their circumstances.

Conclusion

As the Flexible Working Bill becomes law, it opens up a new chapter in UK employment practices, shedding light on adaptability and employee well-being. 

While employers may face initial challenges, embracing flexible working can yield numerous benefits for both the workforce and businesses. By carefully navigating the legal landscape and proactively implementing suitable strategies, companies can thrive in this new era of work.

In reality, as there is no minimum standard of consultation and employers can still refuse flexible working requests, we may see less change than anticipated.

For expert guidance on understanding and implementing the Flexible Working Bill, reach out to our Employment Law and HR experts today at http://www.orchardemploymentlaw.co.uk

6 Facts about Providing a Workplace Reference

It’s a common practice for new employers to request a written reference or a person’s ability to do the work as well as their character before employing someone. We often hear concerns from ex-employers about what they can and can’t say in a reference so in this blog we debunk some myths and give you some facts about references.

1. An employer does not have to provide a reference

There is no legal requirement for an employer to provide a reference unless the employee worked for a regulated industry such as financial services

2. A reference is confidential 

References are confidential between the person providing the reference and the person who receives it. This is to encourage people to give an honest account of how the employee worked. 

This means there is no legal right for an employee or candidate to see the reference but they may be able to request information under a subject access request.

3. An employer can choose the format or the reference.

Sometimes prospective employers will ask the referee to complete a form. This can be helpful and may help the prospective employer to decide whether or not to hire the candidate. That being said, the referee can decide whether or not they want to fill the form out and which questions they wish to answer.

4. You can give a ‘Bad Reference’

References should be factual which means that you can give a ‘bad reference’ if it is based on the truth. This may include things such as

• ‘the employee left pending investigation’
• ‘The employee was dismissed for gross misconduct
• ‘The employee had poor punctuality’

An employer should not say things which cannot be proved. Proof could be warning letters, investigation notes or even an attendance record. Sometimes refusing to give a reference is seen as being a bad reference.

It is worth noting that an employer can give their opinion on a person’s suitability for the new role.

5. A reference should not comment on a person’s protected characteristics.

Protected characteristics are things which a person should not be discriminated against. They include:

• Age
• Gender
• Sexual orientation
• Marital status
• Religion or belief
• Disability
• Race and ethnicity
• Pregnancy or Maternity
• Gender reassignment

6. What can I do if I receive a negative reference after the person has started working with me?

You can dismiss someone if you receive a negative reference once you have hired the person. Care should be taken and procedures should be followed. Always take advice before dismissing someone for having a poor reference.

Did you know that we provide HR and employment law support for businesses? For more information contact us at info@orchardemploymentlaw.co.uk

How to Make A HR Business Plan

In our personal lives, we often use January as a time to set new years resolutions and plans and business are no different.

We have business plans but it is also important to have a People Strategy. This blog will help you to create or review your People Strategy for the year.

What Went Well Last Year?

Before we can even begin to make plans for the future it is important for you to look back at your Strengths.

What went really well in your people strategy? Did you recruit staff, did you retain staff, do you have great skills within your team? If you can answer yes to any of these questions then give yourself and your team a pat on the back.

Ask your team what they think went well last year. The answers of your staff might surprise you or they may have the same thoughts that you had. 

Once you have identified the good things make sure you do not leave things to chance. Think about how you can ensure that those good things continue to happen this year and put actions, policies and procedures in place to keep that good practice.

If the business has more than one manager or supervisor, or more than one team you can share best practices with other teams to improve the whole business.

What are your weaknesses?

Let’s be honest we all have weaknesses and we all want to turn our business from good to great. People are the centre of this.

Documents

Now is a good time to do an HR review, you may need to refresh your employment contracts or your policies to ensure that you are still compliant with Employment Law.

HR skill set

If your business does not have an HR Team or HR manager you may want to consider outsourced support to help maintain and grow the business.

If the business has an HR team you might consider an outsourced HR Legal team who HR can turn to in those more challenging situations.

Staffing levels

Take a look at your staffing levels but do this by asking these two questions:

1. Does the business and each department have too many staff, not enough staff or the right amount of staff?
2. When looking at the staff I do have, do I have the correct level of skills?
3. What would happen if a member of staff left the business?

These questions may tell you that everything is just fine as it is or they could lead you to think about restructuring, redundancies, promotions or recruitment. Once you have had these thoughts start making a plan.

Recurring themes:

Often in business, we see recurring themes long before they become an Employment Tribunal matter. Examples of this include, persistent lateness, excessive sickness, performance issues, informal complaints and personality clashes.  

Managers often overlook these niggling concerns and this can lead to them becoming big problems. If you do see recurring themes you may want to address them in the form of training for an individual or the whole team. You may need to use the disciplinary process even if it only results in a first warning or you might choose to formally monitor someone’s performance. Doing these things early can help reduce the risk of having a successful Employment Tribunal Claim against the company.

Always be on the lookout for staff

One of the takeaways in the book Hyper Sales Growth by Jack Daly is that you should always be recruiting. 

The reason for this is that recruiting when you are in need can lead to picking people that are not perfect for the role or the company. However, if you are constantly on the lookout for great talent you are likely to end up with better skills and people.

You might be thinking, there is no point in looking if you don’t have a budget or vacancy for that person but you can build a rapport with people in anticipation of when the business will be ready for them.

The same goes for recruiting internally, keep an eye out for key qualities in existing staff so that you can promote them if and when the need arises.

How we can help?

Orchard Employment Law can help support you or your HR team with Employment Law advice, documents and training. For more information contact us at info@orchardemploymentlaw.co.uk

http://www.orchardemploymentlaw.co.uk

Looking Back at Employment Law Changes in 2022

As we draw the end of 2022 we look back on changes in Employment Law and HR.

Our Employment Law round-up focuses on 5 Key changes this year.

Quiet Quitting

2022 meant the first full year without lockdowns since 2019 and a change in how people view work. Following on from the ‘Great Resignation which saw many people leaving their jobs for jobs which were more suited to their home life and for some employees who stayed in work, we got introduced to Quiet Quitting and Quiet Firing.

Quiet Quitting is where employees do just about enough to not get fired, clocking off at precisely 5pm and doing the bare minimum. Jemma spoke to Sky News about this and you can read that article here: 

https://news.sky.com/story/the-growing-trend-of-quiet-quitting-and-whether-you-should-worry-about-being-quiet-fired-12735833?fbclid=IwAR2l-5FJCOWiKseEwtN7hIzahMyoUC8TcoW_HWobISX-Bs758lXYqswDN18

Changed to Fit Notes

Fit notes, often known as sick notes got dragged into the twenty-first century. With the increase in virtual GP consultations as of April 2022 GP’s can now issue sick notes digitally.

It didn’t stop there, sick notes can now be issued by other health professionals such as pharmacists, physiotherapists and Occupational therapists. This is good for employees and employers as it makes it easier for individuals to get sick notes.

Flexibility For Low Paid Workers

A new law means that employers cannot stop low-paid workers from having other jobs. The ban on exclusivity clauses for workers who earn less than £123 per week means that they have more earning ability. This means that employers should check their contracts to make sure that low-paid workers do not have an exclusivity clause.

Changes to Right To Work Checks

Employers have a duty to make sure that all staff have a legal right to work in the UK. This year the way in which employers make check right-to-work status changed. In some ways, it is easier. Employees can apply for a share code using from the .gov website here: https://www.gov.uk/prove-right-to-work

Or you can still check an employee’s original documents if you see the employee and the documents in person. As an employer, you can also use a Right To Work company to do the checks for you.

Changes to Calculating Holiday Pay for Part-Year Workers

The case of Brazel v Harper Trust was possibly one of the largest changes for HR People and Employers. This case meant that the calculation of 12.07% to work out holiday pay for zero-hours workers, term-time-only staff and other part-year workers was invalid.

The new rule is that all staff are entitled to 5.6 weeks of annual leave and that the annual leave must be worked out using the last 52 working weeks.

If you are a business which would like advice or support with an Employment Law or HR matter. Please contact us at http://www.orchardemploymentlaw.co.uk/contact

5 Tips To Help Employers Manage The Rising Cost Of Business

If there is one thing that the pandemic has taught us it is that you can never be too prepared. We are all aware that the cost of living is increasing but that also means that the cost of business is increasing too.

Here are 5 tips that may help employers or employees.

1. Bring staff back to the office

Being at home more during the winter may mean higher energy bills. If you still have your office or access to a co-working space you can help staff to reduce their heating costs by being in a warm environment in the office.

Staff who are more comfortable and happy will inevitably be more productive.

2. Do more working from home

Working from home might ease the bills for both employers and employees. If staff have a long distance to travel to work it may be more cost-effective for them to work from home. This can also benefit the business and

can reduce their business energy costs too.

3. Short-time working

If business starts to slow down you may feel the need to introduce short-time working. This means keeping all of your staff and reducing their hours. The benefit of this is that you only need to pay for the hours that the employee works and that employees get to keep their job. This should be done with caution though as there must be a contractual or written right to implement short-time working. You will also need some advice on information that must be given to staff when short-time working is introduced.

4. Lay-off

Lay-off is a bit like furlough but without the pay. Lay-off allows employees to remain employed and keep all of their employment rights such as length of service and accrual of holiday pay. 

However, during Lay-off staff do not work and do not receive their salary. An employer must have a contractual or written right to Lay-off before it can be introduced. 

Employees have the right to receive a guarantee payment of £31 per day for at least 5 days within a 3 month period and must be told that they will have the right to ask for redundancy if the employer cannot bring them back to work after 4 consecutive weeks or 6 weeks within a 13 week period.

5. Redundancy and Restructures

Making redundancies is not a nice thought but sometimes it is necessary for businesses to survive.

Redundancies and restructures can save costs but they can also be costly if not done correctly.

It is important for employers to look ahead as there are time limits for businesses who need to make 20 or more redundancies within a 90-day period. 

If an employer plans to make 20 or more redundancies they must inform the government at least 30 days before the first redundancy. This time limit increase to 45 days for businesses that will make more than 100 staff redundant within a 90-day period.

There are other rules that must be followed even if you are only making 1 redundancy so it is always a good idea to take advice.

This blog is only intended for general knowledge and not specific advice. If you would like Employment Law or HR Support contact us at http://www.orchardemploymentlaw.co.uk or call 01634 564136

Is the 4-Day Work Week a Wonder or Blunder?

You may have heard about the UK’s 4-day working week trial. 70 UK companies of varying sizes are trialing a 4-day working week where employees will work fewer hours and receive the same pay until January 2023.

The trial involves 3,300 employees, and researchers will explore whether this has an impact on productivity and revenue among other things.

It is a voluntary scheme, but it has got many employers wondering whether or not this is something that they should consider.

Orchard Employment Law explores some of the pros and cons of a 4-day working week.

Better Work-Life Balance

Did you know that the 5-day working week was invented by Henry Ford who realised that employees were happier and more productive when they had a free day to spend money or time with their loved ones?

The same could be said for a 4-day working week. Staff are likely to feel valued and be productive knowing that every weekend has at least 3 days.

That being said, this could backfire. Expecting an employee to complete the same amount of work in 20% less time could cause more stress and have a negative impact of the employee’s wellbeing.

Client Demand

A 4-day working week can be great for those roles which are not client-facing and we wholly agree that you should be focusing more on output than bums on seats. If the business is able to achieve a more results-based strategy, then it should but there are some instances when time is important.

These include customer-facing roles where a customer may want to communicate or speak with a staff member.

Costs

Moving to a 4-day working week could save you money as an employer.

Happier employees are more likely to stay in a role for longer, increasing staff retention and saving the business money in recruitment.

If employees are able to be more productive in 4 days than 5 days, they will be less likely to burnout which could mean less money lost due to sickness.

Recruitment

It can also help with attracting talent. Employees are looking for more benefits. You might not be able to offer 20% more pay than your competitor, but you might be able to offer 20% less working time.

Studies in other countries have also shown that a shorter week helps to improve diversity.

Other things to consider

Moving to a 4-day working week would be a contractual change. It would also impact the number of holidays which an employee is entitled to. If you do decide to adopt this 4-day week, you will need to update your policies and documents.

Need help? Contact us

This blog is not intended to be a substitute for advice as it does not consider individual circumstances. For specific support, contact us at www.orchardemploymentlaw.co.uk

What Does The Lifting Of Coronavirus Restrictions Mean For Employers?

What are the rules in place?

Covid restrictions are lifting but what does this mean for employers? Let’s start by looking at the law around Covid restrictions across the UK.

In England all restrictions will be lifted from Thursday 24th February 2022, this includes the legal requirement to self-isolate if you test positive for Covid19.

From 21st March 2022, the rules in Scotland will also end, including the legal requirement to self-isolate if you have had a positive test.

Self-isolation rules were never a legal requirement in Northern Ireland but there was strong guidance to do so, the guidance remains in place but all other restrictions have been eased.

Wales still has a self-isolation mandate in place, we are expecting an update from the Welsh Assembly on 4th March.

What about Statutory Sick Pay (SSP)?

Employees in England have been entitled to Statutory Sick Pay from day 1 of sickness if the sickness is related to Covid. Employers were able to claim the Statutory Sick Payback from the Government from day 1 to day 3 through the Statutory Sick Pay Rebate scheme. 

This scheme will end on 17th March 2022 which means that employees will be unable to claim SSP for the first 3 days of sickness.

What about Company Sick Pay (CSP)?

Some businesses have a Company Sick Pay scheme, this varies between organisations and may even be different for employees depending on their role and duration of employment. Employers and employees should check and follow the employment contract and any sick pay policies.

If there is no legal requirement to self-isolate, should staff attend work?

Although there may be no legal requirement to self isolate a business can still have its own set of rules. Generally speaking, if employees are unwell it is better for them to stay away from the workplace.

Working whilst unwell can result in: 

• Staff taking longer to recover
• Staff feeling undervalued
• Other staff members and service users becoming unwell
• Other staff members feeling uncomfortable 
• Reduced productivity

What do I do if testing is no longer free?

There will still be the option to purchase tests. If this is the case you cannot insist that employees pay for tests but you may be able to purchase tests as an employer and ask employees to take the test.

There is no legal requirement for employees to test or to let their employer know the outcome.

What should I be doing right now?

Now is a great time to think about how your business will operate in this new era of managing Covid. Set out some clear guidelines on what staff can expect and what you expect of staff.

Let’s not throw the baby out with the bathwater. Employers still have a duty to protect staff. We have all learned some great things about hand washing, PPE, ventilation, and respecting one another’s personal space. We would encourage you to keep these going to protect all staff from bugs and viruses in general.

I have more questions who can I turn to?

The information in this blog is not intended to be advice as each situation can vary. If you do need additional support with Covid related illness of employees, absence management or any other HR or Employment Law issue get in touch with us at http://www.orchardemploymentlaw.co.uk

Round-Up of 2021

In the famous words of fictional character Forest Gump, “Life is like a box of chocolates, you never know what you’re going to get”.

2021 has certainly been a box of chocolates for us and our friends, we started the year working from home and in Lockdown and we got excited about eating outdoors (in the cold) when restrictions started to ease in April. 

2020 taught us that we needed robust systems but a flexible attitude and this has been a benefit to us this year. 

Employment Law is one of the fastest-changing laws in the UK so it is no surprise that there were changes. Some of the changes included:

• The implementation of settled and pre-settled status of EU nationals
• The end of the furlough scheme
• Increases in minimum wage and sick pay
• Compulsory vaccination for workers in the Care sector.

As well as some HR trends such as The Great Resignation and a more common approach to Hybrid and Working From Home.

This year we have seen some highs within Orchard Employment Law. Our wonderful clients have continued to trust in us to support them through the ups and downs of employing people. Of course, we have to mention our delight in successfully winning employment tribunal cases for our clients.

Our team has grown yet again, you may have noticed that our online presence has stepped up since George, our in-house marketeer joined the team.

We saw the return of in-person events and although we remained cautious it was great to see people at The Women In Business Big Show and The Education People Show.

Jemma has been super busy being featured in the media on television and radio shows such as Times Radio, BBC South East, ITV, BBC Radio Kent, KMTV, and Daily Mail. She was also a speaker at many virtual and in-person business events including, Chartered Institute of Management Accounts (CIMA), Omni Pro’s CPD Store, Bristol Live with In-house Recruitment, and Tourism South East’s AGM.

We got behind the bid to make Medway a City of Culture, unfortunately, Medway didn’t win the bid but it was a great opportunity to pour back into our local towns.

We are super pleased to confirm that we remain certified with ISO9001, meaning that we have good quality management systems and standards. The external auditor was impressed with all of the measures we put in place to ensure our clients have the very best and he found that we go over and above what is expected.

Looking back, we can say that we have had a good year despite challenges. We look forward to next year’s box of chocolates and wish you a wonderful Christmas and a happy new year.