HR & employment law update

NEWS

Holiday pay and other changes coming up!

Last week I sent out a special summary of upcoming employment law changes for 2024 – there are quite a few in the pipeline which will affect small businesses. If you missed the mailing do let me know and I can forward it to you or you can access it here: https://face2facehr.com/changes-in-2024-what-to-expect/

Perhaps the most high profile and significant changes are to holiday pay and flexible working. Holiday pay calculations for irregular and part year workers are going to be made much simpler, with effect from holiday years starting 1 April onwards, so it’s time to prepare your approach to those changes now. And flexible working requests will be an option from day one, and twice a year rather than annually, again from April this year. If you need any advice or help implementing changes, do let me know.

Benefits crucial to attract younger workers

Are you happy that the benefits you offer are the right ones? It may be more important than you think.

A new report by Zest, titled "Responding to the cost of living crisis," reveals that in their survey of 2000 UK employees and 500 HR decision makers, over half (55%) of young adults aged 18 to 34 consider a robust benefits package as the most crucial factor in their job search. This contrasts with the broader workforce, where 42% prioritise employee benefits.

The survey also highlighted a significant gap between desired and offered benefits.

Private medical insurance emerges as the most sought-after benefit, and, notably, 25% of employees expressed a need for contributions towards home energy costs, a benefit not commonly offered by employers.

Candidate attraction and employee retention isn’t just about pay – recognising the changing priorities of different age groups towards benefits can be really key, as well as offering benefits that align with current employees’ preferences. If you haven’t talked to your team about what they’d like or reviewed your benefits recently, it might be worth doing.

LEGAL

HR director candidate who lost sex and race discrimination tribunal will not have to pay ￡50k costs

It is unusual for a tribunal to award costs against either party in a tribunal claim, however there is provision to do so in exceptional circumstances. In a recent case, a candidate for a top HR position at AIMS Markets, claimed he was rejected due to the company's preference for hiring less white men.

The claimant was reportedly was informed about the firm's aim to diversify its staff and “hire fewer white men” during the recruitment process. AIMS Markets later hired a woman for the role, but denied any discriminatory practices, suggesting concerns about Palmer's expectations for the position instead.

The tribunal clarified that striving for a diverse workforce does not imply intentional discrimination, and dismissed his accusations of sex and race discrimination.

AIMS Markets accused the claimant of unreasonable and vexatious conduct during the case, and wanted a costs award on that basis. The judge, however, ruled out this demand, stating that Palmer's case, while not particularly strong, was not entirely without merit, and he was entitled to bring it. It’s worth bearing in mind that even if you have an employee bringing a claim you think is clearly without merit, the bar for being able to claim costs from them is a high one, and you should assume you will not be able to do so.

Failure to investigate and take complaints seriously leads to ￡22k compensation bill

A former Lidl employee was awarded over ￡22,000 for sex discrimination and victimisation following the company's handling of her complaints about a senior manager. During a team trip to Center Parcs in 2018, the claimant reported feeling uncomfortable due to the senior manager’s actions, including holding her face and questioning her about not swimming. She left the trip early due to his behaviour.

The claimant also faced issues at work, such as being called "sneaky" for wearing a jacket, which was against office policy, and having to justify her need for a leg brace. Her grievances included shouting, exclusion, inappropriate jokes, and physical contact. The grievance was initially dismissed, with the senior manager suggesting the claimant had a vendetta against him.

The tribunal found that Lidl's handling of the Center Parcs incident and failure to investigate inconsistencies in the senior manager’s account amounted to sex discrimination. The tribunal also noted a lack of reasonable adjustments for the claimant’s knee injury when holding grievance meetings.

A failure to take concerns seriously and investigate properly is the undoing of many employers at a tribunal, and this is another example. However much of a hassle it might seem, it’s so crucial to take things seriously, and be able to show you investigated thoroughly.

OTHER STUFF

Is automation on the horizon in your business? Kore.ai's Employee Experience Benchmark Report for 2023 reveals that 23% of UK workers spend over half of their working year on manual, computer-based tasks that are capable of being automated.

A survey of People Management readers reveals 66% of over 1,500 respondents often work during their time off, corroborated by separate research from Forbes Advisor, which found in a survey of 2000 UK employees that more than half have worked during their time off in the past year, dedicating an average of two-and-a-half hours daily to work activities.

In figures from November last year, for the first time in two years, the number of job vacancies in the UK has dropped below one million. There was an 8.55% drop in job advertisements compared to the same period in 2022, whilst 2023 has been the worst year for salary transparency. Since July, only 49% of job ads have included salaries.

MY BIT

Happy new year.? I’d like to wish you a very happy, healthy and prosperous 2024.? I really hope you had an enjoyable break over Christmas and the New Year.? I certainly enjoyed relaxing and switching off - spending time with family and friends, enjoying getting up later…its tough when you have to get back to the normal working hours though!

There are many employment law changes on the horizon this year and the newsletter mentions two of the key changes – changes to how holiday pay for irregular and part year workers will be calculated from 1 April and changes to flexible working requests.? Do get in touch if you want to find out more or have any HR queries.

Sue