Pay disputes rise in the UK, new maternity leave rights confirmed in Ireland, redundancy advice in Australia, zero-tolerance policies in Canada, and…

Pay disputes rise in the UK, new maternity leave rights confirmed in Ireland, redundancy advice in Australia, zero-tolerance policies 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 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.??

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Pay in the top three causes of workplace conflict?

A new report shows issues around wages make up 27% of early conciliation applications to Acas.

Early conciliation is when Acas attempts to reach out to both employee and employer to resolve disputes before they reach tribunal.

The latest report on the number of early conciliation applications has been released recently by Acas. It shows pay disputes are a rising reason for employees looking to make a claim. ?

Out of the 104,884 notifications for early conciliation made to Acas between 1 April 2023 and 31 March 2024, the top three causes of conflict were wage issues (28,324), followed by unfair dismissal (27,130), and disability discrimination (15,361).

With changes expected to employee pay and unfair dismissal rights on the horizon under the Labour government, employers would be wise to make sure they are on top of any changes they need to make to payroll ahead of time to avoid disputes.

Find out how software that accounts for statutory rates helps you stay compliant with rules on pay. Learn more about BrightHR’s enhanced payroll services, coming soon.

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Summer holiday requests: Do parents take priority?

Schools out for summer! And no, we’re not just quoting Alice Cooper for no reason. This means? you might be faced with an influx of holiday requests from working parents.

But should you prioritise working parents when approving annual leave? The short answer is no. As tempting as it might be to play favourite or even take into consideration the reasons for leave so you can make an empathetic decision—you should always treat all staff fairly.

Treating and handling all leave requests fairly is a must to avoid being accused of unfair treatment and risking conflict with your employees. Read more advice in our latest blog on handling parent holiday requests over the summer.

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How do I stop my employees from being distracted by the Olympics at work?

The Summer Olympics open in Paris between Friday 26 July and Sunday 11 August. It’s an exciting time of year for sports fans. But it can present some HR hurdles for businesses…

Namely, what rules do you have to have in place for watching the games at work, or at home if your employees work remotely?

Acas recently put together top tips for staff management during the Olympic games. They suggest reminding employees about your policy on the use of social media and websites during work hours.

Having options for flexible start and finish times so your employees can catch the games can be a good way to make sure they aren’t breaking the rules. Or, workplace permitting, if it’s not too distracting having the games on in the office can stop employees from using their phones to keep up to date with the leader boards.

For more expert advice on this topic ask our instant advice tool Brainbox: What can I do if employees are distracted by the Olympics so aren't working?

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Government approves plan to allow ill women to defer maternity leave

Women undergoing treatment for cancer and other serious illnesses will be able to postpone their maternity leave by up to 52 weeks.

The legislation has been fast-tracked by the Green party leader and is expected (although not guaranteed) to come into place in September.

Interestingly, in the Paternity Act men can defer their leave if they are unwell following the birth of their child but there’s currently no legislation in place for mothers. This new proposal seeks to make the rules fair and equal for both partners.

As an employer, it’s important you prepare for any changes to parental leave by updating your policies and clearly communicating any changes to your employees.

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Meat factory faces beef in WRC discrimination claim

A worker at a meat factory was recently awarded €15,000 in compensation under the Employment Equality Act 1998 for discrimination after he was dismissed because of a back injury.

In 2020 the worker alleged the company’s health & safety procedures were neglected and that on several occasions burgers were dropped and then put back on the package line.

The company called the burger handling allegations false and following a dispute over whether the employee had injured their back at work or home, the worker was let go but told they could reapply for the position.

The WRC concluded the company failed to examine reasonable accommodations for the employee’s disability and awarded the employee compensation for discrimination.

Take note: It’s important to remember that employers have a duty of care to make reasonable adjustments for disabled employees.

For more instant advice on this topic ask Brainbox: What is an example of a reasonable accommodation?

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How to help employees (really) switch off from work this summer

For many working parents, planning family holidays can be a stressful time. With schools breaking up there are lots of ways employers can support their staff through this busy time both personally and professionally.

Firstly, building a healthy work culture with a positive annual leave process, flexible working options, and offering time off for dependents are all effective ways to help.

While there is no formal right to disconnect in Ireland, if your employees do decide to take annual leave over the summer, you can implement right-to-disconnect policies that encourage your staff to switch off from work outside of work. This can go a long way to improving employee wellbeing and subsequently satisfaction and retention rates.

For more advice on this topic ask Brainbox: What should I include in a right to disconnect policy?

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Redundancies in the headlines?

Companies across Australia are hitting the headlines amid a redundancy storm.?

Telstra, News Corp, Nine Entertainment, and Paramount Australia are among the companies that have announced redundancies in recent weeks.?

The job cut fears are having an impact on employers and employees alike. While 2023 seemed to have employees holding the reins in a labour shortage, Randstad’s survey of 6,105 Australian workers has found that Aussie employees are becoming more cautious and unwilling to take on the job market for better pay.

The survey also found that 56% of employees surveyed rated stability in employment as a key metric of their workplace happiness.?

With pressure mounting, it’s important to make sure that you as an employer are staying compliant with employment laws.

Our employment relations advisers are giving you a step-by-step guide to Redundancies and Dismissals to make sure your difficult decisions are?made with compliance. Sign up for the next live webcast today for up-to-date guidance.??

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?When timing is everything

A recent decision by the Alberta Labour Relations Board (ALRB) highlights the importance of documentation and timing when terminating an employee for just cause.

When an employer tried to overturn an order to pay an employee they terminated for just cause over $3,000 in termination holiday and vacation pay, their appeal was dismissed.

The board concluded that they didn't submit enough evidence to prove just cause termination, which led to the dismissal of the appeal.

They'd given the employee verbal and written warnings about their behaviour in the workplace, but at least a month had passed between when the employee received a final written warning for getting into an altercation with their manager and their termination. No further documented incidents occurred in the month before their termination, so the board determined the employer didn't have a credible case for a just cause termination.

This decision highlights the importance of timely action. The delay between the final warning and termination weakened the employer's case, stressing the importance of prompt action and clear communication. It's crucial to remember that if you're going to terminate an employee for just cause, there's a high legal standard. If the employee files a claim, you must prove serious misconduct or repeated cases of less serious misconduct to back up your decision.

Having robust employment documentation like employment contracts and company policies can help you avoid dilemmas with just cause and without cause terminations. Our library of expertly drafted contracts, checklists and policies—BrightBase—provides you with clear documentation to protect you from employee claims and make the termination process smoother and more defensible.

B.C. introduces International Credentials Recognition Act

As of July 1, B.C.'s International Credentials Recognition Act (ICRA) is fully in effect. This means employers in B.C. can no longer use a lack of Canadian experience to screen out applicants vying for vacant positions in their business.

It's not uncommon for Canadian employers to list 'Canadian experience' as a requirement in job postings, but with this new Act, internationally trained professionals who are qualified for a job will no longer be at a disadvantage.

This Act aims to make credential recognition for internationally trained professionals more transparent, efficient, and fair.

The province expects to see at least one million job openings within the next decade, many of which will be filled by internationally trained professionals, so this legislation is timely. Fields affected include veterinary medicine, architecture, surveying, applied biology, teaching, accounting, and notaries public.

By removing unnecessary barriers, internationally trained professionals can more effectively contribute to B.C.'s workforce, addressing both current and future manpower needs. This strengthens the local economy and ensures that businesses have access to a diverse talent pool.

With Ontario considering similar measures, the move towards recognizing international credentials is sweeping across the country.

Recruitment can often be taxing, but it doesn't have to be. Let our Turbo Talent Navigator handle everything from creating job roles to onboarding new employees in line with new and existing legislation.

Is zero tolerance really zero tolerance?

In a recent ruling, the Alberta Labour Relations Board (LRB) reinforced the need for employers to have clear, written zero-tolerance policies.

The board ruled against an employer for failing to prove that an employee had violated the company’s drinking and driving policy before terminating them.

The LRB's decision highlights the significance of documenting and consistently enforcing your policies. The employer claimed they fired an employee for violating their zero-tolerance alcohol policy after they were seen drinking after driving a company truck to a bar.

However, the lack of a written policy and the company's actions following the incident undermined their case since their zero-tolerance policy was not documented. Plus, the company continued to allow the employee to work and drive company vehicles for two weeks after the incident, which contradicted their claim of an immediate policy violation.

The LRB also noted that there was no direct evidence, such as breathalyser or field sobriety tests, to support the claim that the employee was impaired. Their only evidence that the employee had been drinking was based on hearsay, lacking substantial proof.

This case proves the importance of clearly documenting and communicating all critical policies, including zero-tolerance ones, to employees. It's also crucial to include provisions for employees to disclose dependencies or seek assistance, ensuring a fair and balanced approach.

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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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