Employment law & HR update (October 2024)
In the October edition of our Employment Law & HR update, we have published a selection of news, insights, case studies and more on topics including:
If you require further information on anything included in this update or any employment issue you may be facing, please do not hesitate to contact the Employment team on 01332 867 766 or by replying to this email.
A follow-up to our sexual harassment webinar
Following on from our webinar last month, watch the webinar here , we have now seen the final guidance published by the Equality and Human Rights Commission (EHRC). As a reminder, the Worker Protection (Amendment of the Equality Act) Act 2023 came into force on 26?October 2024 and means the following:
Questions abound about what will constitute 'reasonable steps' and we will only really know this once cases reach the Employment Tribunals and judgments are handed down. However, the new guidance has clarified this somewhat in confirming that the sector in which you operate will be relevant as will the amount of contact staff have with third parties.
We can also expect that the likely impact of taking any particular step will be thoroughly assessed (as will any available alternatives) in terms of an employer's size and resources. A situation in which there have been previous incidents/issues is likely to open an employer to greater scrutiny and, in particular, where previous steps have failed what additional steps could have been taken. Tribunals are also likely to examine whether any regulatory standards have been complied with (e.g. The General Medical Council, Financial Conduct Authority or Law Society).
A reminder that this new law covers events “in the course of employment” which includes things like worker events (parties, functions, client gatherings and awards ceremonies); work-related social media groups; and other outside-of-work and online categories can also be caught. It is therefore far-ranging and the liability significant.
So what do you need to do?
As set out in our webinar, you must now undertake an adequate risk assessment that is relevant to your sector, size and type of work. You must identify risks including previous incidents and how they were handled.
Review your policies to ensure that they comply with the new obligations and distribute/publicise widely.
Provide training to all staff in how to recognise sexual harassment (i.e. what it is) and how to report it. Training will need to be refreshed over time and interactive training that allows staff to engage with the content is better. Our eLearning module is available for this purpose and features real-life examples and a quiz requiring a 75% pass mark. Contact us for more information.
Overall, you will need to monitor your progress and continue to evaluate the effectiveness of each of these actions in preventing sexual harassment at work.
Labour's Employment Rights Bill: What key changes will it bring?
Labour’s Employment Rights Bill marks a significant step towards enhancing workers’ rights and pay protections. Key proposals include:
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While some promises are yet to be included, such as the right to disconnect and pay discrimination legislation, Labour remains committed to further reforms.
Perpetuating pay discrimination: Next retail workers win equal pay claims worth circa ￡30m
In a recent Employment Tribunal case, predominantly female store workers at Next, successfully claimed equal pay compared to their predominantly male warehouse counterparts.
The Tribunal determined that the roles of store workers were of "equal value" to those of warehouse staff, and that the pay disparity could not be justified.
Next argued that the pay difference was driven by market forces and the need to recruit and retain staff; however, the Tribunal ruled that these reasons were insufficient.
The Tribunal emphasised that cost alone cannot justify pay differences, as this perpetuates discrimination. The decision underscores the need for employers to clearly justify pay disparities with legitimate business objectives beyond mere cost considerations.
Although Next intends to appeal, this case serves as a reminder for employers to thoroughly assess and address pay inequalities.
Refusal to allow continued working from home unlawful and amounted to discrimination
A recent ruling by the Glasgow Employment Tribunal has established that refusing an employee’s request to continue working from home can be unlawful and discriminatory.
The case involved Mr Pryce, who had worked for a government agency since 2007 and had been working fully from home during the pandemic. In 2022, his employer required all staff to return to the office at least two days per week. Due to his disabilities, including agoraphobia, claustrophobia, and anxiety, Mr Pryce requested to continue working from home. His employer denied this request, citing “disruption and non-financial cost.”
The Tribunal found that the employer’s concerns were overstated and that the refusal constituted a failure to make reasonable adjustments under the Equality Act 2010. Despite Mr Pryce’s satisfactory appraisals, the employer raised concerns over his performance, which the Tribunal dismissed. It also noted that Mr Pryce’s role was administrative and that he had the necessary technology to work effectively from home.
This case underscores the importance of taking individual employee circumstances into account in flexible working requests and ensuring that decisions are justifiable and non-discriminatory. The ruling highlights that employers must carefully consider the specific needs of employees, particularly when disabilities are involved, to avoid unlawful discrimination.
If you require further information on anything included in this update or any employment issue you may be facing, please do not hesitate to contact the Employment team by calling 01332 867 766 or send an email to [email protected]