Workplace Pulse | October 2024

Expert insight into the latest employment law, health and safety, and compliance-related headlines – keeping you informed on issues that impact your workplace.

Legislation: New law makes it illegal for businesses to withhold tips

Jane Hallas , Head of Team and Solicitor

You may remember the scene in Reservoir Dogs (no, not that scene) where the characters discuss whether you should tip or not. It’s an interesting debate and reveals people’s different attitudes towards tipping those who serve us.

A recent survey revealed the UK’s attitude to tipping, with younger people far more likely to tip generously compared to older people. Most people who tip or pay the service charge wish to recognise the good service they have received from an individual. Prior to 1 October, there was no requirement for employers to pass all or any of the tip onto the worker. However, that has all changed with the introduction of the Employment (Allocation of Tips) Act 2023 (the Tips Act for short).

The main purpose of the Tips Act is to require employers to distribute tips to their workers in a fair and transparent way – requiring them to have a written policy and keep records of tips paid. The Act also sets restrictions on when deductions can be made from qualifying tips.

Hospitality employers who haven’t yet done so should review existing policies on tipping and service charges and ensure they are compliant with the new law.

Read more about this change in the law (and download our top tips guide) here.

Litigation: MPs back calls for Asda to settle equal pay claim

William Lane , Principal Employment Law Adviser and Solicitor

An ongoing ￡2 billion equal pay dispute involving Asda places into focus the issue of equal pay in the private sector. Once considered a largely public sector matter, recent years have seen prominent equal pay disputes involving private sector businesses, including Tesco, Next and Asda.

As part of this trend, over 150 MPs (largely Labour) have supported a call for Asda to enter into settlement talks with the GMB union. The equal pay dispute in question revolves around an apparent wage gap between predominantly female in-store workers and predominately male warehouse staff, with a difference of up to ￡3.74 per hour being cited. The GMB contends that this is an unlawful pay disparity for work of equal value and is urging Asda to resolve it promptly.

Asda argues that any pay gap is rooted in different sectors with distinct skills, meaning that the principles of the Equal Pay Act 1970 (which are now contained in the Equality Act 2010) are engaged. Employment Tribunal litigation is currently in process, with a key judgment on whether certain store-based roles are of equal value to certain depot roles expected in 2025.

Read more about this story here.

Prosecution: Family firm fined after director killed in collision

Simon Wilkinson, Principal Health & Safety Consultant

A company was recently sentenced following a tragic incident in which a director was killed in a collision with a wheel loader. John Brooke (Timber Treatments) Ltd pleaded guilty to breaching Regulation 17 of the Workplace (Health, Safety and Welfare) Regulations and was fined ￡22,500, along with costs of ￡44,227.28.

Read more about this case here.

These specific regulations require that every workplace must be organised so that pedestrians and vehicles can circulate safely. This involves some form of separation, such as adequate crossings and barriers or rails to prevent pedestrians walking directly on to any vehicle routes on site.

Where there are other potential hazards, additional safety signage and the possible use of mirrors to improve vision on traffic routes is essential to manage the risk and keep the site safe.

Sites may look to have trained banksman to supervise the safe movement of vehicles. Additionally, the use of high visibility clothing (PPE) should be made mandatory when walking around sites where vehicle usage is considered a known hazard.

WorkNest can support you by completing a detailed health and safety audit, offering professional advice on best practice to improve the traffic management system on site, assisting with risk assessments, and providing additional health and safety related training.

Compliance: Safety standards at care provider plummet

Simon Wilkinson, Principal Health & Safety Consultant

Recent CQC inspections have revealed a decline in safety standards at Voyage Care, one of Britain’s largest care providers, which manages around 2,888 homes across the UK.

Read more about this story here.

Care home providers must comply with the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999 to ensure their facilities are safe for residents and staff.

Core elements of good health and safety management, in accordance with the HSE’s guidance on health and safety in care homes (HSG220), include strong leadership and management teams, a trained and skilled workforce, and an environment where people are fully consulted and involved.

WorkNest can support care providers by completing a detailed, care-focused health and safety audit to check whether satisfactory procedures are in place for managing health and safety and offering best-practice advice. Our sister company, Care 4 Quality , can also perform mock CQC inspections to further prepare care homes for future CQC visits.

Got a question about any of the above topics, or need advice on a staffing or safety issue in your workplace? Call our experts on 0345 226 8393 or email [email protected]