The Equality and Human Rights Commission (EHRC) has published new guidance on supporting disabled workers with hybrid working. The guidance is intended to help managers and leaders at small and medium-sized employers understand their legal responsibilities and the steps they can take to best support disabled workers.

The guide explains the law related to making reasonable adjustments for disabled workers. It focuses on how to identify when a worker or job applicant may need an adjustment, as well as how to identify barriers to hybrid working and determine the most appropriate adjustments. It also discusses implementation and review of any arrangements agreed, and gives general advice on how to foster a more inclusive working environment which is accessible for disabled workers.

The EHRC gives practical tips such as the usage of workplace assessments to help identify technology that can help disabled employees who work flexibly, and how providing specialised desks can minimise discomfort for staff with musculoskeletal conditions. It also includes case studies highlighting examples of how an employer can implement reasonable adjustments to overcome barriers to hybrid working for disabled staff.

The EHRC has named six organisations for failing to report their 2023-24 gender pay gap data by the deadline. The EHRC has highlighted that failing to provide this data prevents organisations from evaluating their pay disparities and addressing potential discrimination.

In England, public sector employers are required to publish their gender pay gap data by 30 March. Whereas, private and voluntary sector employers across Britain and some public sector bodies in England are required to publish their gender pay gap data by 4 April. Missing these deadlines can lead to a warning notice from the EHRC and formal enforcement action.

Between April and May 2024, the EHRC issued warning and reminder notices to over 600 organisations that had missed the reporting deadline. As a result of the reminders, nearly all of the 600 organisations have provided reports. However, six did not, including:

• Alpenbest Limited, based in Essex;
• Drug Development Solutions Limited, based in Cambridgeshire;
• Apex Prime Care, based in Essex;
• Norchem Healthcare Limited, based in Manchester;
• Ultra Electronics Limited, based in London; and
• Care Quality Services, based in Essex.

If your organisation has 250 or more employees, your gender pay gap data must be reported  each year and this year’s deadline is fast approaching. If you require advice on this matter, please contact our Employment Team.

The EHRC has submitted a report to the United Nations Committee on the Elimination of Racial Discrimination, offering an updated analysis racial discrimination in Great Britain, including workplace rights.

The report revealed that Pakistani, Bangladeshi, and Black groups in Great Britain experience the highest unemployment rates, with Pakistani and Bangladeshi groups also facing the largest pay disparities compared to White British workers. Employment gaps were particularly significant among Pakistani and Bangladeshi women. In contrast, Chinese, Indian, and White Irish workers earned more on average than White British workers.

Additionally, the report found that ethnic minority workers were disproportionately employed in insecure roles such as agency work, casual jobs, seasonal work, and zero-hours contracts.

The EHRC has put forward recommendations to the UK and Welsh Governments to tackle these disparities, including:

• Improving the evidence base on employment gaps.
• Requiring public sector employers in England and private sector employers across England, Scotland, and Wales with over 250 employees to monitor and report on recruitment, retention, and progression by ethnicity, alongside mandatory action plans to address gaps and inequalities.
• For the Welsh Government to ensure that it advances its commitment to tackling the ethnicity pay gap, as outlined in its ‘Programme for Government’.

These recommendations can now be considered alongside the labour government’s plans for reforms to race discrimination laws, including the right to equal pay for ethnic minorities and mandatory ethnicity pay gap reporting for large employers (250 or more employees).

On 18 July 2024, the government published the statutory Code of Practice on Dismissal and Re-engagement (Code). The Code aims to provide practical guidance to employers, employees and trade unions, to help minimise and resolve conflict around dismissal and re-engagement (commonly referred to as “fire and re-hire”).

The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment of Schedule A2) Order, contains the power for tribunals to apply an uplift or reduction in compensation in collective consultation claims where a party failed to follow the Code. This amendment takes effect on 20 January 2025.

From that date, employers must account for additional financial risks in redundancy scenarios. If a breach of the statutory Code of Practice on Dismissal and Re-engagement is deemed likely, an uplift of up to 25% could apply—significantly increasing the potential liability beyond the previously assumed cap of 90 days’ gross pay per employee.

The EHRC has revised its guidance on advertisements to assist advertisers in ensuring their content complies with the law and does not discriminate.

A discriminatory advertisement restricts access to jobs, goods, services, or facilities based on a protected characteristic under the Equality Act 2010. Such advertisements are unlawful unless permitted under specific, limited exceptions outlined in the Act.

In some cases an employer can say that an applicant must have, or must not have, a certain protected characteristic. This is known as an ‘occupational requirement’.

The occupational requirement can only be for a specific job, not for all jobs with an employer.

For it to be an occupational requirement, both of the following must apply:

• the protected characteristic is essential for and relates to the main tasks of the job; and
• there is ‘objective justification’.

There can be objective justification if the employer can prove: there’s a ‘legitimate aim’, for example, a genuine business need or a health and safety need, and the discrimination is ‘proportionate, appropriate and necessary’.

The updated guidance clarifies the application of “occupational requirements” under the Equality Act 2010, highlighting that these exceptions are sometimes misused, particularly regarding the protected characteristic of sex. It specifies that occupational requirements related to “sex” refer to the legal sex recorded on an individual’s birth certificate or Gender Recognition Certificate.

The growing culture wars regarding working patterns could widen further this year, not just around hybrid and home working, but also, with the challenge to the traditional 5-day week. Described by the 4 Day Week Foundation as outdated and no longer fit for purpose, more and more UK employers are questioning whether it brings out the best in their employees or whether there is a more modern way of working.

In response to the increasing momentum for change, the 4 Day Week Foundation is planning at least three new four-day week pilots throughout 2025, testing the waters with the Labour government. Results of the latest trials are expected in this Summer.

The Foundation claims that almost 200 businesses have switched to a 4-day week permanently after trials revealed higher productivity and improved recruitment. It attributes this to a better work-life balance for employees, ‘creating time to live happier and more fulfilled lives’ and reduced costs in childcare and commuting.

Whilst proposals for a 4-day week are not the basis of any formal government policy, there is a different narrative in Westminster compared to the previous conservative government, which had told one local authority which trialled it in 2023 to “stop your experiment immediately”. We will wait and see whether or not the growing trend will continue to be offered by some employers as part of a competitive benefits package or whether it will be supported by legislative changes.

In Bugden v Royal Mail Group Ltd [2024] EAT 80, the Employment Appeal Tribunal (EAT) ruled that a tribunal had made a mistake by not considering the possibility of redeployment when assessing the fairness of a disabled employee’s dismissal. However, the tribunal did not make a mistake in failing to consider redeployment as a reasonable adjustment, as this issue had not been argued or included in the list of issues.

The EAT found that the tribunal failed to evaluate whether the employer had considered redeployment as an alternative to dismissal. The employee, who had multiple physical and mental disabilities, was dismissed under an attendance management policy after 32 periods of ill-health absence totalling 297 days over four years. Although the tribunal initially rejected his claims of unfair dismissal and disability discrimination, the EAT upheld his appeal regarding unfair dismissal. The EAT decided that the employer should have considered redeployment before dismissing the employee. The tribunal erred by failing to address this issue when determining whether the dismissal was reasonable, even though it was not raised by the parties. Consequently, the unfair dismissal claim was sent back for reconsideration.

However, the EAT dismissed the appeal regarding the failure to make reasonable adjustments. The tribunal was not wrong for not considering redeployment as a reasonable adjustment, as this argument was not presented at trial or included in the list of issues. Although the employee’s mental health was a contributing factor to his absences, redeployment was not identified as a necessary adjustment by the occupational health reports, the employee himself, or the employer.

In Adams v Edinburgh Rape Crisis Centre (ETS/4102235/23), an employment tribunal found that an employee had been discriminated against and constructively dismissed due to her gender-critical beliefs.

The tribunal determined that Ms. Adams, who believes biological sex is real and distinct from gender identity, had been supportive of trans inclusion but held that survivors of sexual violence should have a choice about the sex of their support worker. Ms. Adams worked at Edinburgh Rape Crisis Centre (ERCC), which had an occupational requirement of hiring only women and a policy supporting women, trans, and non-binary people. After the appointment of a new CEO, a trans woman without a gender recognition certificate, Ms. Adams grew concerned about ERCC’s stance on gender identity, which conflicted with her beliefs. When a service user questioned the gender of a colleague who had adopted a male name, Ms. Adams suggested responding that the colleague was born female but now identifies as non-binary.

Before an investigation was conducted, the CEO emailed staff, claiming Ms. Adams had humiliated the non-binary colleague, that they would not work together again, and implied Ms. Adams was transphobic. These actions were held to be gross misconduct, and her grievance was dismissed.

The tribunal concluded that Ms. Adams had been harassed, and that these actions also amounted to direct discrimination. Furthermore, the ERCC had indirectly discriminated against her by treating the expression of her gender-critical views as a disciplinary issue. The CEO’s own beliefs played a role in the decision to take disciplinary action. The tribunal found that ERCC had breached the implied term of mutual trust and confidence, resulting in Ms. Adams’ constructive dismissal.

Employers are increasingly pushing for a return to the office, with some companies advocating for a full five-day workweek, while others set a minimum number of required in-office days. In some law firms, office attendance has even become a performance metric, motivating partners to spend more time at the office.

This has riled employees, resulting in a rise in employment tribunal cases. According to HR consultancy Hamilton Nash, tribunal claims involving remote working increased from 27 cases in 2021 to 47 cases in 2022, compared to just six cases in 2019, before the COVID-19 pandemic. However, employers were thankful after an employment tribunal earlier this year rejected the case of a senior manager who sued the UK Financial Conduct Authority (FCA) because she wanted to work at home full-time.

A survey conducted by KPMG predicts that 63% of UK-based global leaders will have their staff return to office-based work by 2026.

As of April 6, 2024, employees have a statutory right to unpaid carer’s leave. In light of this change, both the UK government and Acas have released brief guidance to help clarify what carer’s leave entails and how it should be managed in the workplace. Here’s a breakdown of the key points from these updates.

1. Government Overview

The government’s guidance offers a straightforward introduction to the new statutory right. It covers the essentials, including:

• Eligibility: Which employees are entitled to take carer’s leave.
• Duration: How much carer’s leave can be taken and under what circumstances.
• Process: How employees can request carer’s leave and what steps employers should follow.
• Delays: The situations where an employer may legally delay the taking of carer’s leave.

This basic guide is designed to help employers quickly understand their obligations and implement policies that comply with the new law.

2. Acas Guidance: A Closer Look at Carer’s Leave

In addition to the government’s overview, Acas has provided more detailed guidance, offering further clarity on the statutory right to carer’s leave. Here are some of the key aspects they highlight:

• Employee Rights During Carer’s Leave: Acas outlines what protections employees maintain while on carer’s leave, ensuring employers understand their duty to safeguard these rights.
• Flexible Leave Options: Recognizing the variety of work patterns, Acas includes practical examples of how employees might take carer’s leave—whether in blocks or as individual days—based on different working schedules.
• Notice Requirements: Sets out how much notice employees are required to give when requesting carer’s leave, offering employers a clear guide to managing requests efficiently.
• Unpaid Leave: While carer’s leave is unpaid by law, Acas suggests that employers could choose to offer pay during this period to provide additional support to their employees.

3. Flexibility and Short-Notice Requests

One of the key takeaways from the Acas guidance is the emphasis on flexibility. Employers are encouraged to be accommodating when it comes to carer’s leave, particularly when employees need to take it at short notice. This flexibility can foster a more supportive work environment and help employees manage their caregiving responsibilities without unnecessary stress or pressure.

4. What Employers Should Do Next

With the statutory right to carer’s leave now in force, it’s crucial for employers to review their existing policies and ensure they are aligned with the new regulations. For help and support, please contact [email protected]

The City & Guilds Foundation has released its 2024 Neurodiversity Index, highlighting both progress and ongoing challenges in Neuroinclusion. The report shows that more organisations are developing Neuroinclusion strategies.

Despite these positive changes, the report reveals significant hurdles remain. Half of neurodivergent workers surveyed took time off in 2023 due to challenges related to their neurodivergence. More concerningly, over a third reported receiving no guidance from their employers, and one in five are still waiting for promised adjustments, indicating a gap between policies and their implementation.

The report offers several recommendations to address these issues:

1. Inclusive Job Descriptions: Companies should create clear, skill-specific job descriptions to make roles more accessible.
2. Pre-Interview Support: Providing interview questions in advance, as John Lewis now does, helps neurodivergent candidates prepare and reduces anxiety.
3. Transparent Onboarding: Clear communication during onboarding sets expectations and supports neurodivergent employees from the start.
4. Workplace Accommodations: Employers should ensure physical, technological, and communication adjustments are in place to support all employees.
5. Employee Resource Groups (ERGs) and Mentorship: Implementing ERGs, neurodiversity champions, and mentorship programs fosters community and support for neurodivergent staff.
6. Policy Reviews: Regularly updating workplace policies helps remove barriers and create a truly inclusive environment.
7. Representation at all Levels: Encouraging neurodivergent representation at all levels within organisations promotes a culture of inclusivity.

While the 2024 report reflects progress, it also underscores the need for continued efforts to create truly inclusive workplaces. By adopting these recommendations, employers can bridge the gap between intent and action, fostering environments where neurodivergent employees are supported and able to thrive.

In a bid to make its hiring process more inclusive, John Lewis has taken a fresh approach by publishing job interview questions on its website. This allows candidates to prepare their responses in advance, helping to reduce anxiety, especially for neurodivergent applicants. While the questions are available ahead of time, John Lewis assures that the selection process remains as thorough as ever. During interviews, candidates will be asked follow-up questions to ensure their answers are genuine and well-considered.

This move aims to help candidates feel more confident, allowing them to showcase their true potential without being held back by nerves. The initiative is particularly beneficial for those who thrive with additional preparation time, such as neurodiverse individuals.

This inclusive initiative isn’t unique to John Lewis. The Centre for Digital Public Services, which also provides interview questions in advance, has seen similar positive results. They’ve found that offering candidates this preparation time has not only reduced stress but also made their hiring process more accessible to neurodivergent individuals and those with varied learning styles.

On April 9, 2024, the UK government released updated guidance for line managers, specifically focused on recruiting, managing, and developing disabled employees. This latest version, crafted in partnership with the Disability Confident scheme and the CIPD (Chartered Institute of Personnel and Development), is designed to provide practical tools and knowledge to managers, enhancing their confidence in supporting disabled workers.

The new guidance comes after the CIPD’s 2023 report – Health and Wellbeing at Work  report. The report highlighted a significant challenge faced by many organisations: managers often lack the knowledge and confidence to effectively manage employees with disabilities or long-term health conditions. With this in mind, the updated guidance is intended to strengthen managers’ ability to foster a more inclusive workplace. By doing so, businesses can expect improvements in team morale and performance, higher employee retention rates, and a reduction in sickness-related absences.

The guidance is comprehensive, covering various stages of the employment journey, including:

• Legal obligations
• Inclusive language and behaviour
• Making reasonable adjustments
• Recruitment processes
• Supporting new starters
• Confidentiality and disclosure
• Career development
• Managing sickness absence
• Retaining talent or supporting an employee’s transition when leaving the organization.

Additionally, the guidance includes specific advice on accommodating disabilities like long COVID and neurodiverse conditions.

This updated guidance underscores the vital role line managers play in fostering inclusive workplaces, ensuring that every employee, regardless of ability, can thrive in their career.

The guidance can be found here: Recruiting, managing and developing disabled people: a practical guide for managers – GOV.UK (www.gov.uk)

The Equality and Human Rights Commission (EHRC) has released new guidance aimed at helping employers better understand their responsibilities toward pregnant employees and those entitled to family-related leave. These updates, highlight key changes that will impact how businesses handle maternity, paternity, adoption, and shared parental leave. Here’s a breakdown of what employers need to know.

1. Pregnancy and Maternity Discrimination: What Employers Should Be Aware Of

The EHRC’s updated section on pregnancy and maternity offers a comprehensive summary of employers’ duties toward pregnant workers. It emphasizes the importance of avoiding pregnancy-related discrimination, detailing the key steps businesses should take to comply with the law.

2. Returning to Work After Pregnancy, Adoption, or Maternity Leave

For employees returning to work after taking time off for pregnancy, adoption, or maternity, employers have specific obligations. The EHRC’s updated guidance explains how to navigate this period, ensuring a smooth transition back to the workplace. Employers are encouraged to be mindful of new parents’ needs, offering flexibility and understanding while maintaining a compliant return-to-work process.

3. Family-Related Leave and Pay: What’s Changed?

One of the most significant aspects of the updated guidance addresses the employer’s responsibilities around pay during family leave, which includes maternity, paternity, adoption, and shared parental leave. The document clarifies how these different types of leave should be managed and paid, helping employers ensure they meet their legal obligations while supporting employees through significant life changes.

4. Practical Advice and Best Practices for Employers4

Alongside legal updates, the EHRC has included practical examples and advice to help businesses implement these changes. These examples are designed to provide clarity on typical scenarios employers might face.

Final Thoughts: Stay Compliant and Supportive

If you haven’t yet, now is the perfect time to review your policies and ensure you’re fully aligned with the new regulations. For further help and advice, please contact [email protected].

The PwC’s 2024 report has revealed that AI exposed sectors are witnessing the greatest growth in labour productivity, with the jobs requiring AI skills attracting substantial wage premiums.

Productivity and AI: A Winning Combination

The report reveals that productivity growth is almost five times higher in industries where AI can be easily integrated. Financial services, IT, and professional services are leading the charge, showcasing how AI can revolutionize work efficiency.

The New Gold Standard

UK employers are recognizing the value of AI skills, offering an average wage premium of 14% for roles requiring such expertise. The legal and IT sectors are particularly lucrative, with AI skills fetching wage premiums as high as 25% in some global markets. Additionally, the requirement for candidates to have AI skills within the UK job market is growing 3.6 times faster than the overall job market.

A Solution to Labour Shortages

The report observed that companies are using AI to tackle staff shortages, supposedly a promising development for markets grappling with a decreasing working-age populations.

PwC’s findings stress the transformative impact of AI on productivity and wages, marking a pivotal shift in how businesses and employees approach the future of work.

A London restaurant, Ping Pong, has introduced a new tipping policy in anticipation of the upcoming Employment (Allocation of Tips) Act 2023.

Understanding the Tipping Act

The Employment (Allocation of Tips) Act will introduce key provisions, including:

1. Mandatory Passing of Tips: Employers must pass on 100% of tips to staff without any deductions, except those required by tax law.
2. Statutory Code of Practice: Employers will have a duty to observe the Code of Practice which will profile principles of fairness and transparency.
3. Written Policy Requirement: Employers will be require to have a written policy on tips that ensures consistent distribution.
4. Equality for Agency Workers: Agency workers will be entitled to the same benefits under the Act as regular employees.

Tipping Policy

Ping Pong is piloting a policy that eliminates card-based tips. Customers can still leave cash tips, but the previous optional 12.5% service charge (of which 90% went to staff) has been removed from customer bills. In its place, the restaurant is introducing an optional 15%, “brand fee” directed towards franchise fees and other brand-related expenses.

To compensate for the removal of the service charge, Ping Pong is raising staff wages by 19%, bringing the minimum hourly wage to £12.44.

A Strategic Trial

This proactive approach by Ping Pong highlights the restaurant’s commitment to fair compensation for its staff while navigating the new regulatory landscape which may occur due to the Employment (Allocation of Tips) Act 2023. As the hospitality industry adapts to changing legislation, it will be interesting to see how other establishments respond and what long-term impacts these changes will have on employee earnings. For specific help and guidance on what this means for your business, please contact [email protected].

A recent study by the University of Warsaw has shed light on a significant issue facing remote workers in the UK. The research indicates that individuals who work entirely from home are less likely to receive pay rises and promotions compared to their office-based counterparts. This revelation raises concerns about the potential career drawbacks of remote work, a mode of employment that has become increasingly common.

Key Findings

The study surveyed 937 managers across the UK and revealed that:

• Promotion Disparities: Managers were 11% less likely to promote staff who worked exclusively from home compared to those who worked entirely in the office.
• Pay Rise Inequities: Employees working entirely from home were 9% less likely to receive a pay rise than their office-based peers.
• Impact on Hybrid Workers: Those who split their time between home and the office were, on average, 7% less likely to be promoted or receive a pay rise.

Gender Pay Gap in Remote Work

The research also highlighted a concerning gender pay gap among remote workers:

• Men: Managers were 15% less likely to promote men working entirely from home and 10% less likely to give them a pay rise compared to those working entirely in the office.
• Women: Female remote workers faced a 7% lower chance of promotion and an 8% lower chance of receiving a pay rise.

Impact of Demanding Work Cultures

The study found that the penalties for working from home were even more pronounced in organizations with demanding work cultures. In such environments:

• Men: Male remote workers were 30% less likely to be promoted and 19% less likely to receive a pay rise compared to their office-based colleagues.
• Women: Female remote workers in these demanding cultures were 15% less likely to be promoted and 19% less likely to receive a pay rise.

Implications for Remote Work

These findings underscore a critical issue for employers and employees. With remote work becoming more common, it is essential for employers to address any disparities to ensure equitable career advancement opportunities for all workers. Employers should reassess promotion and pay rise criteria to prevent bias against remote workers, potentially through structured performance evaluations and clear, objective criteria for advancement.