HR & Employment Law update

NEWS

Are you prepared for new sexual harassment legislation?

A WorkNest survey found that only 5% of businesses feel fully prepared for the Worker Protection Act, set to take effect later this month. The Act mandates employers to take 'reasonable steps' to prevent sexual harassment or face financial penalties in the form of uplifts to tribunal compensation.

Businesses must focus on both internal and third-party harassment risks to avoid reputational damage and legal consequences, but many employers are still in early stages of preparation.

Steps to take include reviewing policies, conducting training, conducting risks assessments and ensuring proactive measures are in place to prevent workplace harassment in your business. Do get in touch if you’d like some help ensuring you’re compliant.

Disability discrimination claims surge amid mental health concerns

Disability discrimination claims have surged by 30% in the past two years, driven by mental health issues like depression, stress, and anxiety, according to law firm Nockolds, who have analysed data from Acas. While general employment tribunal claims have only risen 7%, mental health-related claims now account for a quarter of all cases referred to Acas for conciliation.

The rise reflects a growing understanding that conditions like depression and menopause can be considered disabilities under employment law. However, many employers still struggle to adapt policies that support staff facing these challenges. It’s crucial to ensure your business is offering a supportive, open workplace culture to avoid costly disputes. Prioritising wellbeing is no longer a ’nice to have’, it’s a strong commercial decision!

AI in the workplace: concerns and opportunities

We’re looking at using AI in businesses managing people over the coming month? in our articles and social media, so it was interesting to read that a third of workers want AI banned from the workplace, with nearly half concerned about job security, according to a survey by Cypher Learning.

The report found that 63% of workers feel AI has already impacted their skills, and 38% worry their jobs could become obsolete. However, 67% see AI as a helpful tool, and many are already using it to make tasks easier.

While fear of AI is natural, early conversations between managers and employees can reduce anxiety. Open discussions about retraining and upskilling can help teams feel supported during the transition. If you’re considering introducing AI, encourage open communication and offer training on AI tools to help employees adapt, ensuring they see it as an opportunity rather than a threat.

LEGAL

Teacher wins ￡170k after falling asleep in class leads to dismissal

A senior teacher with significant mental health difficulties has won ￡170k after being unfairly dismissed by Wetherby Prep School, previously attended by Princes William and Harry. The claimant was sacked for absences, mood swings, and falling asleep in class. The tribunal found the school failed to make reasonable adjustments for his mental health, particularly when scheduling a key dismissal meeting without his presence or input.

The panel ruled that the school skipped vital procedural steps, moving straight to dismissal without giving the claimant a chance to improve or be fairly heard. This was deemed both unfair dismissal and disability discrimination.

It’s a classic example of a situation where a dismissal may well have been fair eventually, but failure to make adjustments and skipping procedural steps have cost the employer dear.

Discrimination payout increased to ￡350k for pregnant employee described as “emotional”

A pregnant account manager has been awarded over ￡350,000 in compensation after a tribunal found she was discriminated against by her employer, facilities management provider Mitie. Initially awarded ￡37,000, the claimant’s payout was increased tenfold after additional details about her loss of earnings were considered.

The tribunal heard that the claimant informed her boss about her struggles with work-related stress and panic attacks. The boss described her as “very emotional and tearful” in an email, comments which the judge deemed “dismissive and belittling,” stereotyping her as an "emotional, hormonal pregnant woman."

The employer failed to carry out a legally-required risk assessment during her pregnancy and did not address the health concerns she raised. The judge criticised the line manager’s unsupportive handling of the claimant’s situation, which led to her feeling overwhelmed and ultimately resigning.

The tribunal ruled that Hinds had been discriminated against due to her pregnancy and was also unfairly constructively dismissed.

This case serves as a warning for employers to meet their legal obligations towards pregnant employees and to avoid using harmful stereotypes when it comes to language, as failing to provide appropriate support can lead to significant financial and reputational consequences.

OTHER BITS

• According to a CIPD report, only 36 per cent of employees who faced conflict at work in the past year believe it was properly resolved, despite 81 per cent of employers stating they believe they handle workplace bullying and harassment effectively.

• More than half (57 per cent) of business leaders say they are less likely to hire due to the government's proposed Employment Rights Bill, according to the Institute of Directors, while 35.5 per cent expect no impact on hiring. We advise waiting and seeing what the Bill brings before making big decisions!
• ?A survey conducted by Unmind suggested that two in five employees do not believe their manager has sufficient training or the skills to perform their role, while a third (35 per cent) said they had previously left a job because of a bad manager.

MY BIT

As we welcome October, it's a great time to focus on well-being, especially with World Mental Health Day approaching on the 10th. This year’s theme is workplace mental health—a reminder of how crucial it is to prioritize mental well-being in our work environments. Whether you’re finding balance or supporting a colleague, let's all make mental health a priority.

What are you doing in your business to create a supportive and positive workplace for everyone and to celebrate World Mental Health Day?

Sue