HR & Employment Law Update

BREAKING NEWS

Major amendments proposed to the Employment Rights Bill

The Government has just released a 53-page Amendment Paper revising their recent Employment Rights Bill, introducing some significant changes.

Key updates include extending tribunal claim time limits from three to six months, providing workers more flexibility to pursue claims but increasing risk for employers. Additionally, the ‘initial period of employment’ needed to make unfair dismissal a day-one right has been clarified as between three to nine months, subject to future regulations.

Other notable changes address short-notice shift cancellations, now subject to tribunal discretion on compensation, and explicitly include menstrual health in gender equality plans.

Proposals by other politicians include banning NDAs that conceal harassment and prohibiting substitution clauses, which could significantly impact gig-economy disputes.

NEWS

Get Britain Working Plan introduces reforms

The UK government’s new Get Britain Working white paper has been released, introducing major reforms aimed at boosting workforce participation to 80%.

Key initiatives include a revamped Jobcentre system, now called the National Jobs and Careers Service, with a ￡55m investment in personalised, skills-focused support for jobseekers. Employers should prepare for potential shifts in recruitment pipelines as jobseekers access tailored training and AI-enhanced tools for finding opportunities.

For young workers, a new youth guarantee ensures access to apprenticeships, education, or jobs. Partnerships with major organisations and ￡45m in youth-focused projects aim to strengthen the future talent pool.

The government is also tackling long-term sickness, which keeps 2.8 million people out of work. Efforts include boosting NHS capacity and funding ￡125m in local work-health partnerships. Businesses may see increased support in retaining employees with health challenges.

Finally, an independent review will explore how businesses can better support disabled workers. Employers should expect new recommendations by next summer, potentially influencing workplace policies and accommodations.

The cost of poor job quality revealed

New data highlights the toll of work-related ill health and injury, with 33.7 million working days lost last year and costs reaching ￡21.6 billion. For small businesses, this underscores the critical bottom-line importance of fostering a safe and healthy work environment.

Key findings show that stress, anxiety, and musculoskeletal disorders are leading causes of workplace health issues, impacting both productivity and employee wellbeing. Additionally, long hours, night shifts, and poor job design contribute to physical and mental health challenges, while workplace bullying and discrimination amplify risks.

Experts emphasise that organisational factors outweigh individual efforts in improving workplace health. Prioritising manageable workloads, fostering a supportive culture, and offering flexibility can mitigate risks. Businesses that fail to address these issues may face higher absenteeism, lower productivity, and long-term staff retention challenges.

Practical steps employers can take include designing roles with realistic demands, providing managers with training to support employee wellbeing, promoting flexibility and making reasonable adjustments for those with health challenges.

Leading by example is also essential. Business owners and managers should set boundaries, encourage open dialogue, and support employees in seeking help early.

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LEGAL

Tribunal highlights risks of poor whistleblower protections

A claimant was awarded ￡33,080 after a tribunal found her dismissal from her job as bar manager unfair following her reporting of workplace misconduct, including staff drug and alcohol use. The tribunal concluded that the dismissal, cited as being for “business reasons”, was primarily retaliation for her whistleblowing, which “rocked the boat at a stressful time.”

The tribunal emphasised the public interest of her disclosures, noting risks to health, safety, and workplace behaviour from what appeared to be a culture of drug and alcohol misuse. It criticised the employer for creating a “very unpleasant environment” and mishandling her concerns, which worsened her mental health.

The reason given for her dismissal was deemed “vague and meaningless,” reflecting poorly on the employer’s processes. They had bypassed a fair dismissal procedure and refused to offer an appeal, seemingly on the basis of the claimant’s short service. Whilst unfair dismissal claims cannot usually be brought without two years’ service, there are many exceptions to this, so it’s vital not to rush into ignoring a fair process without ensuring there are no risk factors, regardless of length of service.

Dismissal ruled unfair amid toxic workplace culture

A delivery driver was unfairly dismissed for using offensive language towards a colleague in a workplace described as “toxic” and “lawless.” The tribunal noted the employer failed to consider the dysfunctional culture, where inappropriate behaviour was common and managers tolerated or participated in it.

The tribunal criticised procedural flaws, such as dismissing without adequately weighing mitigating factors or considering the context of the behaviour. The employer’s handling of evidence, including incomplete notes from disciplinary meetings, was also deemed inadequate.

The judge highlighted that the claimant was unfairly singled out, creating a sense he was “made an example of” while broader issues were ignored. The ruling emphasised the need for consistent enforcement of standards and fair disciplinary processes.

Consistency of sanction is important, but this does not mean that if poor behaviour has previously been tolerated, you have to continue to do so. It’s fine to start handling things in a more appropriate way – this case would have been a perfectly fair dismissal in many organisations -? the key is to be clear about what isn’t acceptable going forward, regardless of the past, so that employees have fair warning as to how behaviour will be treated in future. In addition, keeping accurate, timely records during disciplinary proceedings is vital.

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OTHER STUFF

A report by Robert Walters found that 70% of UK professionals struggle to switch off from work, with 29% losing sleep and 35% experiencing increased stress or anxiety. Additionally, 25% reported being unable to relax or recover properly the following day.

Research shows 93% of young people in the UK have faced age-based discrimination at work, up from 88% three years ago. A quarter said this experience reduced their interest in working.

Nearly half of neurodivergent adults have faced discrimination from hiring managers or recruiters, a Zurich survey found. Many reported being rejected, turned down for subjective reasons, or even having job offers rescinded after disclosing their neurodivergence.

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MY BIT

As the year winds down, it's time to reflect on the successes and challenges of 2024 while preparing for a fresh start in 2025. As you’ve already read, more details are being released on the details of the changes coming in under the Employment Rights Bill.? Keep in touch with me to ensure that you are up to date and any policies or contracts can be refreshed or introduced where needed.

On a personal note, I’ll be taking a holiday over Christmas and New Year to recharge my batteries after a number of bereavements over the past year or so. I do hope you have the chance to do the same with your family and friends and enjoy the holiday season.

Wishing you a relaxing festive season and successful 2025.

Sue

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