HR Heartbeat: 22/02/2024

Revealed: UK rail company's menopause pack misses connection, Australia’s Closing Loopholes Bill, ramped up small claims in Canada, and... | HR Heartbeat?

Have you heard the latest news?

Welcome to HR Heartbeat, where we give you a rundown of the week's top employment stories around the world.

From the UK to Australia to Canada, stay on the pulse of current trends impacting your business, plus get up-to-the-minute commentaries on all things HR and legal.

Discrimination against Irish Travellers found at Pontins

Pontins, the holiday resort company, has come under intense scrutiny for?refusing entry to around 115 people?with?Irish surnames.

Following an investigation, the company has been served an?unlawful act notice?by the?Equality and Human Rights Commission for breaching the Equality Act.

An investigation found?multiple instances of racial discrimination against Irish Gypsies and Travellers.?Including creating a list of Irish surnames labelled as?‘undesirable guests’?and instructing staff to decline or even cancel bookings under these names.

The?EHRC?has ordered?Pontins must:

• Review and update their policies and procedures?to ensure they are not discriminatory.
• Apologise and engage with the Gypsy and Traveller community?to acknowledge their corporate responsibility and commit to a?zero-tolerance approach to discrimination.
• Develop and deliver training, including equality training?around their legal duty to not discriminate.

Baroness Falkner?urges all employers, but?especially those in the hospitality sector, to reassess their processes and make sure?they’re not using discriminatory policies?that prevent people from accessing services?because of their race.

BrightHR offers?24/7 employment law advice?to help you regularly?review and update your policies?to make sure they’re?not discriminatory.

Plus, our?easy-to-use learning management platform?can help you?train your managers with CPD-accredited courses?on topics like managing investigation and disciplinary processes, disciplinary outcome and appeal procedures and more.

Avanti’s menopause pack misses connection

Avanti has come under scrutiny after their?menopausal gift bags sparked controversy.?The gift bags were designed by Avanti’s in-house menopause support group to?help employees manage symptoms.

But The Transport Salaried Staff’s Association dubbed the content of the packs?“appalling, demeaning and dismissive.”?Ouch...

In a lapse in judgement, the pack included various items with notes, like:

• A jelly baby sweet “in case you feel like biting someone’s head off”
• A tissue for “if you’re feeling a bit emotional”
• A paperclip “to help you keep it all together”

Not only were the notes?deemed to be insensitive,?but the train driver’s union argued Avanti would be better placed by developing?workplace policies and procedures?that?value and support premenopausal and menopausal employees.

For more advice on this topic ask BrightLightning:

• Do I need a menopause policy?
• Do I need to give an employee time off for menopause symptoms?
• What do I do if my employee is off with menopause symptoms?

Higher chance of working parents leaving jobs

The latest?Modern Families Index?reveals?(40%) of working parents are looking to move jobs?for higher pay and more support.

The index also found more working parents have?lost confidence in their employer’s support of family life and responsibilities?over the last year.

So, what can employers do to help this and stop themselves from?losing valuable talent??Some proven examples include a greater focus on?wellbeing, offering?flexibility, and having?HR policies that support working parents.

For more advice on this topic, ask BrightLightning:?Can an employee make a flexible working request for childcare issues. And that’s a wrap. Tune in next week for more headlines and make sure you stay ahead of major employment law changes!

The Closing Loopholes Bill continues in 2024, and we’ve got an update for you…

The?second part of the bill has passed parliament?and will be sent back to the House of Representatives to sound their?approval on amendments before it’s passed into law.

One of the most?hotly contested amendments?has been the?right to disconnect, which entered the legislative process late in the game. Concerns range from its lack of consultation to the unclear implications it may have.

The proposed amendment aims to?allow workers to disconnect from work outside of their allotted hours?without being punished for not responding to?unreasonable communications?from their employers.

What factors decide what constitutes?reasonable contact??How an employee is contacted, how often the contact happens, whether the employee is being paid, and their?familial responsibilities. As of now,?no criminal penalties will apply to employers?who breach these potential laws.

Stay tuned?to find out when this Bill gets Royal Assent and will come into effect.

(Ever)more absences?

The highly anticipated Eras Tour kicks off this weekend in Melbourne before heading to Sydney next week.

And considering the staffing chaos this created last year when tickets went on sale for the Australian leg of her tour, employers beware!

Our absence management software revealed that 67 Swifties took time off just to snag tickets?(and those are just the ones who were upfront about the reason for their absence). Discover all the other absence-inducing events of 2023 in our?Bright Rewind.

Make sure your absence policies and shift management tools are ready to take on whatever comes your way in the next two weeks.

Learn expert tips on how to stay on top of your people management in our blog post,?The Era of Unexpected Absences (Taylor’s Version).

Locked up and laid off?

A recent Ontario Labour Relations Board ruling shed light on whether employees terminated after a criminal conviction are entitled to statutory termination pay.

As it turns out, there are no protections for criminal convictions under the Human Rights Code. In this case, the employee was sentenced to 18 months in jail.

Since their employer didn't want to leave their position open for that long, they fired the employee and cited frustration of employment and job abandonment as the reason for dismissal.

While the employee didn't initially disclose the duration of his conviction, as he hoped to appeal his case or get out earlier on parole, the employee's sister contacted the employer. She informed them of the full incarceration details.

After three months, the employee was released on bail, didn't contact the employer, and filed a claim with the Ontario Ministry of Labour claiming he was not paid statutory termination pay. However, after an employment standards officer investigated the case, the board found that:

• The employer had no reason to pay the employee since his incarceration made it impossible for him to perform his duties
• It was the employee's responsibility to file for a leave of absence while he sought an appeal, and since he failed to do so, the employer had no choice but to replace him
• At the time of their termination the employer had indicated the employee wouldn't be able to perform their duties for at least six months at a critical time for the business??

One key takeaway for employers is that you should have clear policies and procedures for absence management and watertight termination clauses in your employment contracts.

Small claims?ramp up

Starting April 1, 2024, small claims monetary limits in Saskatchewan will increase from $30,000 to $50,000. This increase will likely impact all areas of employment law but mostly effects wrongful termination claims.

Employers in Saskatchewan can expect an uptick in wrongful dismissal claims as more employees pursue litigation after being fired.

There's more incentive for terminated employees because Small Claims Courts handle cases faster, have a simpler dispute resolution process, and workers can represent themselves.

The courts will also have to deal with employees willing to forfeit costlier claims at higher courts in favour of the ease of Small Claims Courts.

If you're an employer in Saskatchewan, keep in mind it can be hard to prove your terminated employee's failure to mitigate damages. This is because the Small Claims Court typically doesn't require disclosure of formal documentation.

Need help handling a wrongful dismissal claim? Discover BrightAdvice—our employment relations experts are available 24/7 to answer your questions and guide you through challenging situations.

And that’s a wrap. Tune in next week for more headlines and make sure you stay ahead of major employment changes!