Labour’s Right to Disconnect plans in the UK, 96% of Dublin pubs say recent employment change is too fast, stricter rules for TFWs in Canada, and...
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 Ireland and Canada, stay on the pulse of current trends impacting your business, plus get up-to-the-minute commentaries on all things HR and legal.??
Will employees have the right to disconnect under Labour?
In the run-up to the general election, Labour promised to introduce a new right to disconnect. This new rule would give employees the chance to “switch off” separating their work life from their home life by making it unlawful for employers to contact employees outside of working hours.
While a timeline for this has yet to be confirmed, employers should prepare as a new code of practice could be on the horizon soon…
The government are still in their summer recess, so we’ll likely have to wait a bit longer for further details. But the right to disconnect would mean employers should not contact staff outside of normal working hours unless there is an emergency or contact has been agreed.
If a new code is introduced, it could mean employers might see a 25% lift in tribunal compensation if they breach the code. But it’s worth noting, it’s not clear yet which specific tribunal claims the code would apply to if the government do decide to introduce one.
Have more questions about the right to disconnect? Ask Brainbox for instant answers to questions like:
-?????? What is the right to disconnect?
Are your employees working too hard?
Burnout is a chronic condition defined as an excessive period of stress and exhaustion. And as this rise in burnout sweeps the nation, psychologists have started to ask: Are employees working too hard?
While working too hard might sound like the opposite of a problem, it could be having an adverse effect on productivity. According to research, more than 10 million employees have had to take time off to cope with burnout, costing UK businesses around ￡700m in sick days.
There are a couple of proven ways for employers to reduce the negative impact of employee burnout in their organisation. These include offering flexible working, supporting positive mental health in the workplace, and having a clear absence management policy in place.
How do I balance last-minute leave requests over the August Bank Holiday?
This week employees will be looking forward to time off for the bank holiday that falls on Monday 26th of August this year. But as there’s no automatic right to time off on bank holidays, employers need to remember to check their employees’ contracts carefully to understand their entitlement.
And your preparation for the bank holiday shouldn’t stop at contracts. Previous BrightHR data has shown the Friday before the bank holiday to be the most booked-off day of the year.
While you can’t predict when your employees will take leave, if you receive multiple requests for the same day, it’s vital you treat every request fairly.
Balancing annual leave requests within a team that requires minimum staffing levels can quickly lead to holiday clashes. The best way to prevent employees in the same department from booking the same day off work is to have clear guidelines and a?fair annual leave policy.?
For more support on this topic, ask Brainbox:
36% of Dublin pubs would make employee cuts if…
Last week the Low Pay Commission recommended raising basic pay rates by €1 an hour. If approved, this will raise the minimum wage across the country as early as January 2025.
But as reported by RTE, in a recent survey by LVA, more than 1 in 3 pubs in Dublin (36%) would reduce their headcount if the minimum wage increases.
And a huge 96% of pubs surveyed said that Government changes to employment conditions like the planned increase to minimum wage and sick pay, plus the pension auto-enrolment were “too much, too fast”.
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As an employer, protecting your business when employment rights change quickly can be tricky. Our free webcasts are packed with advice and guidance on the latest employment law topics. Learn about new laws on flexible working, pension auto-enrolment, and more! Catch the latest webcasts on demand here.
Changes to the wage subsidiary scheme for employees with a disability
Starting April 1, the minimum weekly hours required for employers to qualify for the wage subsidiary scheme has been lowered from 21 to 15 hours.
The scheme aims to encourage the employment of people with disabilities by offering financial incentives to private-sector employers. The basic rate of subsidy is €6.30 an hour and €12,776 per year (based on a 39-hour week).
As stated in the Equality Act (2010), employers are responsible for making any and all reasonable adjustments when employing disabled employees.
You can read more in our guide on disabilities at work. Or for instant advice, just ask Brainbox:? What are some legal requirements for employers to ensure equality for disabled workers?
2,221 employers in breach of employment law
WRC’s 2023 annual report found over 2,000 employers were in breach of basic employment laws. Following a total of 6,519 inspections there were 7,862 cases of “contraventions of legislation” found by the WRC. ?
The report also breaks down the type and number of issues brought to their conciliation, advisory and mediation services. Of which 43% were pay related, 26% were disputes over organisation structure like rosters, shift work and staffing, and 20% were due to changing terms of employment terms and conditions.
Employees can submit complaints to the WRC where they feel an employer has breached their terms of employment. That’s why employers must follow the right advice when changing any particulars within a written statement of terms.
Having round-the-clock employment law support can help you stay in line with regulations and tackle changing employment law with confidence. Learn more about our Irish-based 24/7 employment law support, BrightAdvice.
Stricter rules for the Temporary Foreign Worker Program
The federal government is tightening its grip on the Temporary Foreign Worker (TFW) Program to eliminate misuse and fraud.
Randy Boissonnault, Minister of Employment, Workforce Development, and Official Languages, stated, "The health and safety of temporary foreign workers in Canada is a responsibility I take very seriously. Bad actors are compromising the program for legitimate businesses. We are putting more reforms in place to stop misuse and fraud."
Here's what Ottawa is doing:
As more Canadian employers turn to temporary foreign workers to fill open roles, especially during peak seasons, Ottawa is limiting the TFW Program's access to businesses that truly cannot find local workers.
Recently, an Alberta group alerted the government to a scheme in which employers, immigration consultants, and recruiters were selling LMIAs. This misuse underscores the need for tighter controls.
If your business is considering hiring temporary foreign workers, why not seek some BrightAdvice? Our employment relations experts are available 24/7 to answer any questions about doing so compliantly so you stay on the right side of the law.
A costly lesson in ill-advised terminations
The recent Superior Court of Justice ruling in Scarrow v. Walkey et al serves as a stark reminder of the importance of proper employment practices. The court ordered Walkey and his companies to pay Scarrow $434,980 in damages for constructive dismissal.
This comes after the employer unilaterally laid off Scarrow, only to have him perform unpaid work during the layoff. He then offered Scarrow an illegal payment arrangement as a condition for returning to work. Scarrow refused and sued for constructive dismissal. With no defence from Walkey, the court accepted Scarrow's claims as fact.
Walkey's first mistake was failing to implement a written employment agreement, despite Scarrow being employed since 1979. He also promised the employee a retirement allowance in exchange for no future salary increases and reduced compensation but failed to formalize this agreement in writing. The court enforced an oral agreement that Scarrow had documented in his diary, finding that the retirement allowance was payable upon termination without cause.
Walkey acted in bad faith by unlawfully laying off Scarrow, having him work without pay, and offering illegal payment terms. He also violated the Employment Standards Act, 2000 (ESA) by not providing proper notice or paying statutory entitlements. Additionally, Walkey's refusal to pay the retirement allowance led to punitive damages.
The court awarded Scarrow:
Walkey's failure to seek HR counsel cost him nearly half a million dollars and damaged his reputation.
That's why it's important to have watertight contracts and documents for every agreement and interaction with your employees. Employment agreements and policies protect your business, allowing you to make necessary changes without risking constructive dismissal claims. Don't let your business become a cautionary tale—invest in proper HR support.
And that’s a wrap. Tune in bi-weekly for more HR headlines in a hurry and make sure you stay ahead of major employment law changes!
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Seerocacle 333
6 个月Very informative