May HR and employment law update

We are hoping to hear any day now that Robyn Ambery-Smith has had her little one! We will be sure to update you when the moment arrives! ??

Last month was mainly taken up with updating client documents for the new legislation relating to flexible working, carer’s leave and paternity leave .

This month we are looking forward to getting out and about a little more and we are also delighted to be speaking at this event in Oxford perhaps see you there!

Zero-hours contracts being used to cut wage bills

A recent study conducted by the Resolution Foundation's Firm Foundation has found that a quarter of 750 UK employers surveyed are turning to zero-hour contracts as a way to cut wage bills and offset the impact of higher minimum wages, raising concerns about job security and worker well-being.??While the report found that some employers claim that staff prefer these types of working arrangements, 63% said they would modify their practice if legislation guaranteed workers additional rights such as fixed hours contracts or two weeks’ notice of their shifts.?

While it is more likely that staff employed under casual or zero hour agreements are classed as workers not employees, businesses should remember that this may not always the case. The Workers (Predictable Terms and Conditions) Act 2023 which is due to come into force later this year will also grant casual workers more rights to request fixed hours after 26 weeks’ of continuous employment.??

UK adults believe they will have poor retirement standards

Over half of UK adults (54%) feel that their retirement living standards will not match those of earlier generations, according to research by digital bank?SmartSave, which involved a survey of 2,000 UK adults. The study also indicated that more than a third of working adults are worried about their ability to financially support future generations. Furthermore, 40% (rising to 46% amongst 35 – 54 year olds) of those surveyed feel they are in a worse financial position than they were two years ago, while 22% fear that escalating living costs may compel them to decrease or halt their pension contributions.

Whilst increasing pay may not be possible for many small businesses, you can consider supporting employees with financial well-being initiatives to increase education and awareness around financial issues enabling them to make informed decisions about their finances.

Legal Updates

Unconscious bias was used in recruitment by housing association

A tribunal ruled that a housing association had used ‘unconscious?bias’?in their recruitment processes and overlooked two non-white candidates for promotion.?

In this case, six candidates were identified for a sales role, of which three were non-white. During the recruitment stages, two white candidates were appointed but the third role ended up going to an external recruiter, despite two of the non-white candidates score being almost on par with the two white candidates appointed.?

In its judgement, the tribunal ruled that there had been an ‘inconsistent scoring’ process used during the recruitment process and the hiring manager chose candidates who they felt would ‘fit in’. This case shows the dangers of basing recruitment decisions on subjectivity such as going with ‘gut feelings’. In addition, ensuring a consistent scoring process means there is no ambiguity when choosing the right candidate.

Social worker with gender-critical beliefs is awarded?payout

In this case the ET found that the social worker, who had raised concerns about changes to gender identity services for children on her social media pages, was subjected to harassment and discrimination by her colleagues, including being reported to the regulator Social Work England.?

The tribunal ruled that the social worker’s communications “fell within her protected rights for freedom of thought and freedom to manifest her beliefs” and awarded her ￡58,647,, including a highly unusual sum for exemplary damages (“designed to punish conduct that is oppressive, arbitrary or unconstitutional”), against the regulator Social Work England as well as a specific order that training on protected beliefs and freedom of expression is received by all staff within six months.

There are an increasing number of these cases, highlighting the need for businesses to be made aware of the concept (and sometimes conflicting nature) of protected beliefs and in addition to ensure a good social media policy is in place.

Other stuff

Recent Ofcom data shows that 30% of UK online adults have experienced employment scams or fraud. Job scams are one of many rising trends in sophisticated fraud methods and it is important that employers are proactively doing all they can to prevent it.??

57% of young professionals are more likely to feel comfortable or very confident about the increasing use of AI integration in their daily lives. according to research from CEMS, the Global Alliance in Management Education.

Using the phrase “back in your day” is now classed as age discrimination a tribunal has found after a nursing assistant aged 60, claimed age discrimination after being told by a younger colleague that “back in her day” NHS operations were free.

If you'd like a chat about anything HR-related, please drop us a DM!