Labour enjoy 'positive' start to talks with business leaders over workers' rights, BSB to impose new diversity and inclusion duty
Gary Carney
Head of TBG Specialist Groups | Employment, Commercial, Family, Property, Tax, Personal & Complex Injury
THE HOT STORY
Labour enjoy 'positive' start to talks with business leaders over workers' rights
Senior business leaders say discussions with deputy prime minister?Angela Rayner over proposals to improve workers' rights were "positive," but cautioned that the "devil will be in the detail" of legislation to be put before Parliament next month.?Bosses from John Lewis, Sainsbury’s, Octopus Energy and nine other large employers met Rayner and Jonathan Reynolds, the business secretary, to discuss Labour’s plans for reforms to workers’ rights at a breakfast meeting on Tuesday morning.?Labour won July's general election promising to overhaul employment rights, with measures including the right for all "zero hours" workers to be offered a contract and full employment rights to be given to all workers from day one.?Business leaders are understood to be concerned over how the phasing out of zero-hours contracts will be achieved. It has been proposed that every worker must be offered a contract reflecting typical hours worked over a 12-week period, but there is concern that this doesn't take into account seasonal fluctuations in sectors such as hospitality and retail.?Businesses leaders also argue that to extend??full employment rights from day one, longer probationary periods for new employees will need to be imposed so that some flexibility is retained. One business leader who was present at the meeting said: "None of what Labour is proposing comes as a surprise and we respect that they have a mandate, but the practical delivery will be complex and we can help with it. The feeling is this was a positive sign that the government understands the need to consult with business on the things that affect us. The devil will be in the detail, but this was a good first step."
DIVERSITY, EQUITY & INCLUSION
BSB to impose new diversity and inclusion duty
The Bar Standards Board (BSB) has proposed new regulations that would require barristers to demonstrate a commitment to equality, diversity, and inclusion (EDI). The current core duty, which prohibits unlawful discrimination, may be replaced with a requirement to actively advance EDI. BSB director-general Mark Neale emphasised the need for the bar to reflect the society it serves, stating: "Regulation alone cannot achieve that, but regulation can help by supporting barristers to challenge practices which work against diversity and inclusion." However, the bar's representative body cautioned against "radical change," warning that it could lead to "unintended detrimental consequences." The consultation period for these proposals will close on 29 November.
EMPLOYMENT LAW
Next equal pay claimant on fight for recognition
The Guardian ?
Helen Scarsbrook, a sales consultant at Next, talks to the Guardian about the ongoing issue of unequal pay between female shop floor staff and their male warehouse counterparts. Following last week's landmark ruling by an employment tribunal, Scarsbrook says: "We always knew we weren't well paid . . . but it made me furious when I understood that the warehouse workers were paid more." The tribunal's decision could influence similar claims from female staff at major supermarkets including?Asda and Tesco. Despite Next's intention to appeal, the ruling is seen as a significant step towards addressing gender pay disparities in retail. Scarsbrook, who has worked at Next for nearly 22 years, hopes the judgment will inspire other women to come forward and seek respect and fair compensation for their work.
Next's ￡30m ruling sparks employer fears
City A.M. ?
Writing for City AM, Christian May notes that the implications of a ruling by an employment tribunal which found that retailer Next failed to justify lower pay for store staff, predominantly women, compared to warehouse staff, "are potentially profound." Next, which argued that in the wider labour market rates of pay for warehouse workers are higher than for shop-floor workers, and so it pays its warehouse workers more, points out that “this is the first equal pay group action in the private sector to reach a decision at tribunal level” - and it’s unlikely to be the last, the author adds.
UK government pledges new law in autumn to boost workers' rights
Reuters ?
The UK government says it plans this autumn to deliver the most "packed legislative agenda" for a new administration in decades, including the introduction of legislation to improve employees' rights. The Leader of the House of Commons Lucy Powell said the government will introduce laws that are intended to tilt power from employers to workers. The Employment Rights Bill will ban zero-hour contracts and outlaw fire and rehire tactics. "This new Labour Government is full of energy, full of ideas and full of drive to deliver our mandate for change," Powell said.
London nurses to protest outside Downing Street as strike action continues
London Evening Standard ?
Nurses at Guy's and St Thomas' NHS Trust are staging protests this week in response to extended shift times, which they describe as “unsustainable.” Approximately 100 nurses are participating in the industrial action, claiming that the changes have led to “burnout and exhaustion.” Unite general secretary Sharon Graham said: “Working devoted staff into the ground will make things worse, as dedicated NHS workers leave for the sake of their own health.” The protests will occur at various London locations, including Downing Street and the Department of Health and Social Care. The Trust has proposed staggered shifts, but some staff will still be rostered for standby shifts from 8pm to 9pm, receiving additional payment for this. The Trust argues that these changes are necessary to meet patient demands.
Workplace disability claims soar amid mental health crisis
The Times ?
Workplace disability discrimination claims have increased significantly. There has been a 30% rise in cases referred to Acas for conciliation, from 6,545 to 8,496 over the past two years. Joanna Sutton, a lawyer at Nockolds, noted: "While awareness about mental health issues has increased, in many cases workplace policies have lagged behind." The surge reflects a growing recognition of mental health issues as disabilities, contrasting with the overall 7% increase in all cases sent to Acas. The original disability discrimination legislation from 1995 primarily focused on physical disabilities, but the understanding of disabilities has evolved, with the phrase "not all disabilities are visible" gaining traction in recent years.?The rise occurs amid government discussions on reforms to workers' rights, which have caused concern among business leaders.?
Ride-hailing firms urged to publish data to cut exploitation
The Guardian ?
Campaign group Worker Info Exchange is urging ride-hailing companies like Uber to disclose data on driver mileage to address exploitation and environmental concerns. Their analysis indicates that drivers may have lost over ￡1.2bn in wages last year due to inadequate compensation structures. The report highlights that nearly 40% of the miles driven by Uber drivers occur before picking up passengers, which Uber disputes, stating that many drivers earn on other platforms during these times. The report also calls for similar transparency from food delivery services. With Uber's licence renewal in London approaching, the campaigners are demanding greater accountability from the company.
Steel workers apply for redundancy
BBC News ?
More than 2,000 workers have applied for voluntary redundancy at Tata Steel’s Port Talbot site. The company, which plans to close its second blast furnace next month, is rolling out a restructure that will see a total of 2,800 jobs lost across the UK. The firm said it is assessing whether those who had expressed an interest in taking redundancy were in roles which could be closed. Tata Steel will give departing employees 2.8 weeks’ salary for every year of service, up to a maximum of 25 years, as well as a guaranteed minimum payment of ￡15,000 and an attendance-related payment of ￡5,000.?
CASES
Justice Secretary ordered to pay court worker ￡27,000
Hulya Findik, an administration officer at Highbury Magistrates Court, has been awarded over ￡27,000 after winning her disability discrimination claim against the Secretary of State for Justice. The employment tribunal found her claims of discrimination and failure to make reasonable adjustments valid. Findik, who had worked at the court since February 1998, suffered from neck pain following an assault in 2006 and subsequent surgery in 2010. Employment Judge Bedeau noted that the delay in providing necessary ergonomic aids was “longer than reasonably necessary,” thus exacerbating her condition.
Solicitor struck off for dishonesty
Jessica Kate Harris, a solicitor who was dismissed from Weightmans for falsifying emails, has been struck off the roll. The Solicitors Disciplinary Tribunal (SDT) found that Harris misrepresented her departure when applying for a job at Capsticks. Delme Griffiths, representing the Solicitors Regulation Authority, said that? Harris' actions were "an act for personal gain or self-preservation." Harris expressed regret, describing her actions as "embarrassing and shameful." The SDT acknowledged certain personal struggles but concluded that her dishonesty warranted her removal from the profession. She was also ordered to pay ￡5,000 in costs.
WORKPLACE
Women in the North of England face stark inequalities
Daily Mail ? Daily Mirror ? Metro ?
Women in the North of England are facing significant challenges, according to a new report by Health Equity North. The findings reveal that women in regions such as the North-West, North-East, and Yorkshire and the Humber have lower life expectancies and work longer hours for less pay. Kim McGuinness, Mayor of the North East, said: "From leaving school to the boardroom, at home and at work, women and girls across the North bear the brunt of failings in our economy, society and public services." The report highlights that girls born in these areas can expect to live in good health until only 59.7 to 62.4 years, which is up to four years less than the national average. Additionally, one in five women aged 55-59 provide unpaid care, contributing ￡10bn to the UK economy annually. The report calls for urgent measures to address these inequalities, including improved childcare and support for women to claim benefits.
Government plans rollout of workplace and home health checks
Daily Mirror ? The Daily Telegraph ? The Guardian ? The Times ?
The government has announced that workplace health checks will be introduced for more than 130,000 workers in sectors including transport, building and hospitality to help address preventable diseases, while a pilot of digital home health checks is to be launched in Norfolk, Medway and Lambeth. Public heath and prevention minister Andrew Gwynne said the programme "is an important step towards community-focused healthcare and supporting economic productivity through improving health, shifting the focus from treatment to prevention, easing the strain on the NHS and helping people to live well for longer." The Local Government Association has said councils are "exploring ways to boost uptake" of health checks, "targeting individuals or communities at increased risk, and using proactive outreach programmes to get into those communities who are less likely to attend their general practice."
TfL staff face shocking abuse
Transport for London (TfL) has reported that its staff have been "subjected to unacceptable abuse and intimidation" during protests against Sadiq Khan's Ultra Low Emission Zone (ULEZ) expansion. Incidents have included assaults, vandalism, and confrontations, with staff having eggs and white spirit thrown at them. TfL's documents indicate that such confrontations remain prevalent, prompting the deployment of security personnel to protect contractors. A TfL spokesperson said: "It is a sad fact that we have been forced to deploy security staff to protect our contractors." The organisation is working with the Metropolitan Police Service to address these issues and ensure the safety of its staff and the public.
'Eavesdropping' workplace helpline has accreditation suspended
BBC News ?
The UK’s biggest provider of workplace mental health services has had its counselling service accreditation suspended by an industry body following a BBC investigation. The British Association for Counselling and Psychotherapy (BACP) confirmed it was investigating Health Assured after the BBC shared information that “suggested potential serious breaches” of its ethical framework. In July, the BBC revealed Health Assured?allowed strangers to "eavesdrop" on confidential calls?by listening in to the helpline without the knowledge or permission of callers. Health Assured told the BBC it welcomed the BACP investigation and looked forward to demonstrating its “compliance with all industry standards.” Employee Assistance Programme services (EAPs) are intended to help employees deal with personal problems that might impact their wellbeing and performance at work. Health Assured provides EAP services - including a helpline and short-term counselling - to 13 million workers across the UK and Ireland.
‘Four-day week saves me ￡350 a month on childcare’
BBC News ?
The BBC has heard from several people who work compressed hours, after?Labour said it wants to strengthen workers' rights for more flexible hours.?For example, Laura Etchells, a mother-of-two from Hebden Bridge in West Yorkshire, now works her full-time job in publishing compressed into four days, and says she wouldn’t have it any other way. She says the extra day off - Friday in her case - saves her around ￡350 a month in childcare costs, and she says it makes her more productive in her job. "The longer days allow me to get my teeth stuck into things a bit more," she says, adding that if she were to work anywhere else then a compressed week would be a deal-breaker. “Cost wasn’t the deciding factor to condense into four days, but it did contribute to the decision. The overall benefit was spending more time with my children whilst maintaining my full-time job.”
CBI staff must ask permission to drink at summer party
Staff attending the Confederation of British Industry’s summer party must ask permission to consume alcohol after a string of misconduct claims almost sunk the lobbying group last year. New rules state that staff-only events can only involve alcohol if food is served, but conditions are tighter for the upcoming London summer reception, which is outward-facing and expects to include over 100 leaders from business and politics.
REGULATION
EU rules out loosening post-Brexit curbs on UK touring musicians
Brussels will not loosen post-Brexit curbs on UK touring musicians because it would require rewriting the EU-UK Trade and Cooperation Agreement, according to internal briefing documents seen by the Financial Times.
WHISTLEBLOWERS
FCA under pressure over SMR enforcement
City AM ?
The Financial Conduct Authority (FCA) is facing increasing pressure to enhance enforcement actions against those breaching the watchdog's senior manager's regime, after recent data revealed that only half of the 68 investigations initiated since 2017 have been closed. Mark Turner, managing director of financial services compliance at Kroll, highlighted the negative impact of prolonged investigations on individuals. Dr Susan Hawley, executive director of the campaign group, Spotlight on Corruption, said the lack of punishment dished out by the regulator showed that the FCA is "still dropping the ball on its enforcement."