March HR & Employment Law News

I trust this month’s newsletter finds you in good spirits!?? As I reflect on a fantastic holiday at the beginning of last month, basking in the Florida sun, the anticipation for Spring, my favourite season, fills me with enthusiasm.?? I’ve noticed the days getting longer, hinting at the promise of brighter, sunnier days ahead (if only it could hurry up a bit!).

Are you ready for April changes?

There are a number of changes coming up next month, not just the usual increases in statutory payment rates, so it’s worth checking you’ve got everything covered.

If your holiday year starts in April, the new easier provision for holiday calculations for irregular and part year workers will apply, allowing you to pay rolled up holiday pay or calculate holiday based on 12.07% of hours worked. If your holiday year starts later, you’ll need to wait a little longer.

Carer’s leave, changes to paternity leave, changes to flexible working, and an extension of extra protection in redundancy situations for pregnant employees or those taking family leave all come into force next month.

Minimum wage rates are going up, but in addition, the highest minimum wage rate, known as National Living Wage, will now apply to 21 and 22 year old workers, rather than just those 23 and over.?

Statutory payments are all going up by 6.7% (maternity and other family leave pay, plus statutory sick pay), and the cap on a week’s pay for the purposes of statutory redundancy pay is increasing to ￡700.

If you’re a retained client, I’ll be making necessary changes to your contracts and policies where applicable, if I haven’t already. If you’re not, and would like some assistance in making sure everything is up to date, do let me know.

?￡26 billion in free labour

In 2023, UK employers benefited from ￡26 billion of free labour due to employees working unpaid overtime, as revealed by the Trades Union Congress (TUC). The research found that 3.8 million people in the UK worked an average of 7.2 unpaid hours each week with the equivalent of ￡7,200 in lost wages each year. This is an increase from 2022 when 3.5 million workers undertook unpaid overtime.??

Budgets in small businesses are often tight, so its easy to understand why they often rely on unpaid overtime, particularly at busy times. If you do operate unpaid overtime, you need to take steps to ensure minimum wage requirements and working time requirements aren’t being breached, should check your contracts reflect your needs accurately, and should also keep an eye on wellbeing and productivity. It may well be that employees working fewer hours are more productive in those hours and your need for overtime reduces.

?Legal Updates

Claimant sacked by her “ashamed” father was unfairly dismissed

In this case an employee in a family car refurbishment business was unfairly dismissed by her father following family tensions and his aggressive behaviour post-accident. Despite her significant role in the business, a heated incident between the claimant’s parents after which she took her mother to the police station led her father to dismiss her via text message.?

This case is an extreme example of how things can go wrong in a family business. It’s important to maintain professional interactions, even amidst personal disputes, as emotional responses can lead to hasty decisions with legal repercussions.

If there are family conflicts, address these outside the business environment to prevent them from affecting operational decisions, and proper contracts and policies are just as crucial in a family business as in any other company – in this case there was no written agreement between the parties.

?Diabetic employee who stole chocolate bar was fairly dismissed

A tribunal ruled the firing of a diabetic Rentokil employee for stealing a chocolate bar as fair. Caught on CCTV, he claimed he needed it for low sugar levels and later replaced it, arguing his dismissal for gross misconduct was harsh and discriminatory. The tribunal found the action fair, noting his long-term diabetes management and lack of assurance against repeat offences.

An employee’s disability can be a mitigating factor in a disciplinary situation, but it doesn’t mean that they can’t be dismissed, where an offence is sufficiently serious, particularly in circumstances where, as in this case, the individual couldn’t assure the employer there would be no recurrence.?

A sensible approach in these circumstances is to seek Occupational Health advice on the extent to which the disability is relevant.? Ensuring employees understand the consequences of policy violations and the importance of seeking support for health-related needs beforehand should reduce the risk of anything similar.

?Train driver awarded ￡22k and return to old job for unfair dismissal after tarantula prank?

A train driver was reinstated with a ￡22k award after being dismissed for gross misconduct after workplace pranks involving leaving shed skins of a tarantula and a snake, targeting a colleague who had said she was squeamish about these creatures. The tribunal deemed the pranks “ill- judged” but not seriously harmful, noting the driver's immediate apology wasn't relayed to the colleague during the investigation. This led to a ruling of wrongful and unfair dismissal.

It's important to ensure all sides of a story are heard during investigations. The driver's apology in this case was overlooked, affecting the fairness of the process. The tribunal felt the sanction in this case was harsh, but it’s sensible to make sure employees understand the diverse sensitivities and boundaries among colleagues. Jokes perceived as harmless by some can be distressing to others.

?Other news

The four-day working week trial introduced in 2022, has officially been deemed a success as 89% of participating companies have formally adopted the practice.

?New advice from the Equality and Human Rights Commission (EHRC) has warned that businesses who are not offering menopause support may opening themselves up to discrimination claims.

?A survey commissioned by the insurer QBE has found that fathers in the UK want seven weeks off work to spend time with their newborns instead of the UK standard of 2 weeks’ paternity leave.