In light of the forthcoming changes to the flexible working provisions set out in the Employment Rights Act 1996, ACAS has initiated a consultation and issued a revised draft Code of Practice on handling flexible working requests.

The revised draft Code seeks to:

• Clarify the law regarding the statutory right to request flexible working;
• Provide advice on how to manage requests in a reasonable manner;
• Encourage employers to actively promote the benefits of flexible working and approach requests with an open mind;
• encourage employers to remain transparent throughout the decision-making process
•  to actively offers appeals; and
• To permit employees to be accompanied by a wider category of individuals during meetings.

There are no changes to the current eight business reasons for rejecting a request, which remain as follows:

• The financial burden to the business being too high;
• An inability of the business to reorganise work;
• An inability to hire additional staff;
• A negative effect on quality;
• A negative effect on performance;
• Causing an inability to meet customer demand;
• The lack of work during the periods the employee proposes to work; and
• Planned structural changes to the business.

Employers must be aware of the changes to the law on flexible working and through reference to the new draft Code when implemented, must handle all flexible working requests with care.  A failure to follow the procedure could result in an employee bringing a claim.

Please feel free to contact the Employment Team on [email protected] for any assistance.

Coining the term ‘Burnout Britain’, the 4 Day Week Campaign Group has released a mini-manifesto ahead of the 2024 General Election which calls for amendments to the Working Time Regulations 1998 to reduce the maximum working week from the current 48 hours to a four-day, to a 32-hour working week with no loss of pay.

The mini-manifesto policies also include:

• A change to flexible working guidance which would include the right for workers to request a four-day, 32-hour working week with no loss of pay;
• A £100m fund to support companies in the private sector as they make the move to a four-day, 32-hour working week; and
• An entirely financed four-day working week pilot in the public sector.

The campaign follows the success of the Campaign’s four-day working week pilot. The pilot engaged 61 companies and 2,900 employees across the UK, with 92% deciding to continue with a four-day working week without cutting pay.

Labour MP for Norwich South, Clive Lewis, encouraged Keir Starmer to “back this policy to give people some hope and reassurance that the future will be better under a Labour government.”  

Historically, the Labour Party has supported a four-day working week with some senior members allegedly backing the campaign. However, the campaign is not without opposition. A survey carried out by Survation noted that 44% of current Labour voters would be more likely to vote for the Conservatives if the 4 day week campaign had Labour backing.

Only 1% of eligible mothers and 5% of eligible fathers take Shared Parental Leave (SPL) according to a recent report issued by the Department of Business and Trade.  

SPL is a family-friendly right that allows eligible parents (both birth and adoptive) to split 50 weeks of leave in the year following the child’s birth or placement with an adoptive family. If eligible, parents can receive Shared Parental Pay (ShPP).

The low take-up figures are despite the fact that parents who have experienced SPL reported numerous advantages in their work-life balance including more flexibility and balancing child-minding arrangements. Generally, the report shows that the majority of employers are content with the policy and its operation however, 1 in 5 managers in larger organisations admitted that they found SPL difficult to manage.

The report highlights that numerous variables effect the uptake of SPL including age, income and occupational status and that parents that use SPL and/or receive ShPP were more likely to be highly qualified and working for large organisations with a progressive attitude towards genders.

Although the uptake of SPL appears to be low, it is currently in-line with the trajectory predicted on its implementation in 2015.    

February 2023 saw fast food giant McDonald’s sign a legal agreement with the EHRC in a bid to improve its handing of workplace sexual harassment complaints. However, 5 months on, the company faces over 100 new claims from former and current employees regarding sexual harassment, racism and homophobia.

The latest claims were exposed following a BBC investigation that documented:

• 31 sexual assault allegations;
• 78 sexual harassment allegations;
• 18 racism allegations; and
• 6 claims of homophobia.

It was reported to the BBC that managers were aware of and, in some cases, were responsible for the incidents detailed above.

In response, the EHRC has created a confidential hotline for affected members of staff noting that it was alarmed to learn about the new claims and that it intends to review them “closely in the context of our current legal agreement with McDonald’s to tackle sexual harassment of staff in its restaurants”.

The British Standards Institution has conducted a survey of over 5,000 women across the UK, USA, Australia, China and Japan to determine why women prematurely leave the workforce.

Of the UK women surveyed, the report found:

• Only 50% were confident that their generation would receive equal levels of flexibility and support to remain in the workforce as long as their male colleagues;
• 21% considered that the main barrier to remaining in work was their caring responsibilities;
• 20% believed that the main barrier to remaining in work was linked to the menopause, with 54% admitting it would be difficult to raise such issues with their employer; and
• 71% believed that it would be helpful if employers were to address personal health and well-being issues in formal policies.

The report noted the negative impact that women prematurely leaving can have on an organisation, including productivity losses and wasted talent with 73% of the women surveyed agreeing that the presence of more experienced female colleagues would be beneficial to development.

To retain women in the workforce, employers could consider:

• Implementing formal policies relating to menopause;
• Encourage open dialogue to understand the needs of women within the organisation by asking what the business can do for them and acting upon suggestions;
• Conduct training for managers and senior staff;  and
• Offering flexible or hybrid working where appropriate.

Please feel free to contact the Employment Team on [email protected] for any assistance.

Ahead of the 2024 general election, the Labour Party has hinted at the inclusion of a ‘right to disconnect’ within their manifesto which, if implemented, would limit employers from contacting workers outside of their working hours. The proposal is one of several reforms devised to protect workers and will likely be included in Labour’s “new deal for working people”.

The idea of ‘switching off’ from work is not a new one and would echo the law in countries such as France, Italy and Spain who offer the right to all workers. The latest European country to follow suite was Belgium, with all employers with more than 20 staff now required to introduce a ‘right to disconnect’ company policy.

Leaving aside the potential burden of such a new law to employers, adversaries to the concept are concerned that implementation will only serve to increase the substantial backlog of tribunal cases given that it would  be enforced through the employment tribunals.

In the case of Owen v Willow Tower Opco 1 Ltd ET/2400073/2022, the Employment Tribunal found that a care home worker’s alleged belief in ethical veganism was not genuinely held and was therefore not a protected belief under the Equality Act 2010.

The care home mandated that all staff were to receive the COVID-19 vaccination. This led to the Claimant raising a grievance, as she believed she should be exempt from the requirement as a result of her vegan diet.

Following this, the Employer referred the Claimant to occupational health, who verified that she had no health condition preventing her from being vaccinated. As s result, the Claimant’s grievance was not upheld and she was dismissed.

The Claimant submitted a claim to the Employment Tribunal for unfair dismissal and discrimination based on religion or belief.

During the hearing, the Tribunal accepted that the Claimant followed a vegan diet and avoided using some non-vegan products. However, other than her diet and use of some products, the Claimant failed to describe how she had altered her life to follow the belief and referred very little to ethical veganism in her grievance documents. Instead, the Claimant’s major criticism of the vaccine appeared to be that it was experimental.

The tribunal held that due to the lack of evidence, it could not find that the Claimant genuinely held a belief in ethical veganism.

A recent survey of 1,001 employees has revealed that 44% of menopausal employeeswho have experienced symptoms linked to the menopause, do not divulge the information for fear of it negatively impacting their career. Moreover, 48% of those surveyed stated they would lie about the reason for taking time off work, with 39% stating they were too embarrassed to discuss the topic of menopause at work.  

So, what can employers do to support menopausal individuals?

Employers could:

• Create an internal support system – this could be laid out in a menopause policy, and could point employees to individuals or “champions” who are experienced and/or trained to support their individual needs or offer guidance;
• Consider implementing reasonable adjustments, depending on the individual’s symptoms. For example, these could include the provision of cool air fans, regular breaks, access to cold water and breathable uniforms;
• Ensure line managers and the HR department receive appropriate training;
• Raise awareness to tackle the stigma; and
• Consider flexible working, or if you have already implemented flexible working, consider extensions and/or exceptions to your policy.

Please feel free to contact the Employment Team on [email protected] for any assistance.

Although people have begun to discuss fertility issues more openly in recent years, it continues to be a topic that is not discussed widely in both society and in the workplace. According to the CIPD, relatively few organisations have policies or guidance in place to support people having treatment.

The CIPD have therefore recently published a new guide to offering workplace support for individuals experiencing fertility challenges, investigations and treatment. The aim of the guide is to raise awareness of the prevalence and impact of fertility challenges, investigations and treatments; highlight the need for effective workplace support and what that might look like and to also inspire employers to create an environment where individuals feel able to access support if they want to.

Taking into consideration the principles of good practice, the CIPD’s guide suggests that employers should:

• Break down the taboo – The CIPD suggests that employers can play an important role in breaking down these taboos as employees that work in supportive environments are more likely to feel able to discuss a challenging life event or to ask for help when needed.
• Communicate a compassionate approach – Employers should ensure that they demonstrate a compassionate and inclusive attitude towards fertility issues. The CIPD recommends that employers also adopt a proactive approach by, for example, holding employee events.
• Raise awareness and normalise the conversation – For employees that experience fertility issues, it can be a lonely and difficult process. Therefore, the CIPD suggests that employers ensure that information and education should be included as part of any training to ensure that managers and colleagues improve their understanding and awareness of fertility issues.
• Build supportive workplace cultures for mental health.
• Remember the impact on partners.
• Ensure that policies and practices are inclusive – The CIPD’s guidance states that sometime a workplace can mirror society in terms of perceptions and unconscious bias around what a family is. Employers should therefore ensure that its policies are inclusive by countering stereotypes about people who experience fertility issues. For example, it could be men as well as women, single people, same-sex couples and surrogates. Sensitivity should also be shown any to cultural or diversity considerations as individuals from some cultures might feel less comfortable speaking about fertility issues.
• Take an individual approach.
• Manage sensitive situations well – Employers should ensure that sensitivity is shown around certain days which might be upsetting for some employees, such as Mother’s and Father’s Day. An employer might have some employees that have contrasting personal situations and the employer should therefore ensure that it supports its employees experiencing a difficult time.
• Know what to say.
• Build an ongoing strategy.

The CIPD’s guidance can be found here: Fertility challenges, investigations and treatment: Guide to offering workplace support | CIPD

If you are an employer and require assistance, please contact the Employment Team at Morgan LaRoche.

Following an extensive consultation with members of the public and various experts, the British Standards Institute (BSI) have recently published the menstruation, menstrual health and menopause in the workplace standard. The BSI hopes this will help organisations and employers to support their employees that experience menstruation or the menopause, as research conducted by the Fawcett Society suggests that 10% of women experiencing the menopause have left the workplace due to their symptoms. Some of the symptoms include dizziness, hot flushes and insomnia. 

The BSI’s new standard includes examples of good practices for employers, which includes policy guidance and guidance on workplace culture. The standard suggests that steps for organisations and employers to consider include the following: 

1. Consider the workplace culture. Is there a general awareness of menstruation and menopause? Are employees provided with opportunities for conversations or to request further support, if necessary?
2. Consider whether the HR manager and line managers are suitably trained or receive suitable resources so that they understand the potential impact of menstruation and menopause.
3. Consider the workplace environment. Does the workplace include facilities such as toilets, discrete changing rooms or quiet recovery spaces that are easily accessible?
4. Consider the organisation / employer’s policies such as sickness, absence and performance management policies. Do these take into account menstruation and menopause?
5. Consider whether it is possible to enable some flexibility for an individual approach. This may include comfort adjustments such as access to individual cooling or heating and opportunities for sitting or stretching. 

With data suggesting that thousands of women are leaving the workforce due to the menopause, contributing to productivity losses and employers loosing talented employees, the BSI hopes this new standard will help employers to ensure that they create an inclusive work environment that supports employees experiencing menstruation or the menopause.

The BSI’s guidance can be found here: Menopause standard launched to help organizations support workers | BSI (bsigroup.com)

If you require any advice, please contact the Employment Team at Morgan LaRoche.

An Acas survey of just over 1,000 employees has found that the mental health of 47% of respondents has suffered due to the increase in the cost-of-living. 10% of respondents said that their mental health had been significantly negatively affected, with 37% of respondents saying their mental health had been moderately impacted.

As a result of this survey, Acas have suggested that employers should offer practical tips to employees such as signposting to financial advice. In addition, Acas suggest that when managing staff mental health, employers should:

• ensure that they are approachable and encourage their employees to talk to them if they are experiencing problems.
• Regularly keep in contact with their employees to check how they are coping.
• Consider whether adjustments should be made to help an employee such as allowing them to work more flexibly in order to save costs.
• Always be supportive and patient with an employee that wants to discuss their mental health. Employers should also remember to respect confidentiality.

Acas have also provided the following suggestions for employees to support their own mental health and wellbeing:

• Ensure that you allocate time for activities that you enjoy.
• Think about what helps to make you feel positive and what does not make you feel positive.
• Talk to your colleagues and friends about your feelings.
• Talk to your manager about your situation and check to see what support is available from your employer.

Although LGBT+ workers are protected by law from discrimination, harassment and bullying, a recent report published by the TUC shows that despite the progress of recent decades, many LGBT+ workers continue to find the workplace a negative or harmful environment.

The TUC interviewed 16 employees across several sectors, and whilst the employees did believe that there had been progress, their expectations of employers were low. The employees considered themselves to be fortunate when basic legal standards were met. The report notes that recruitment is a particular concern for LGBT+ workers with several of the employees stating that they would definitely hide their identity when applying for a new role. The report also found there was a general consensus that trans and non-binary employees currently face the greatest challenges in work. Many of those interviewed felt that progress on trans inclusion in the workplace was going backwards. Some believed that the toxic narrative in the media contributed towards their experiences at work.

Whilst the TUC note that many employers have inclusive workplace policies, the report states that this is not enough. The report states that acts of harm are very likely to go unreported as they believe very little will be done. Furthermore, many of the interviewees described discriminatory and bullying experiences such as being repeatedly misgendered and being outed by their work colleagues.

In summary, the TUC report recommends that employers should focus on creating an inclusive culture at work and that managers should set behavioural expectations for everyone and should aim to ensure that they actively and consciously create an inclusive environment for their employees.

If you are an employer and require advice on workplace inclusion policies, please contact Morgan LaRoche’s Employment Team.

The case of Forstater v CGD Europe and others has been a high-profile case attracting significant media attention and following a recent remedies hearing, the case once again attracted the media’s attention. At the remedies hearing, the Claimant, Maya Forstater, was awarded over £100,000 in compensation by the Tribunal.

To recap, the Claimant worked as a researcher for a thinktank but a decision was made not to renew her employment contract nor to renew her unpaid visiting fellowship role at the thinktank. The Employment Tribunal found that this decision was direct discrimination related to the Claimant’s gender critical beliefs, which some of her colleagues had found offensive. The Claimant’s beliefs included a belief that sex is immutable and should not be conflated with gender identity, and that trans women are men. At an earlier judgment, the Employment Appeal Tribunal (EAT) decided that the Claimant’s gender critical beliefs were protected as a philosophical belief under the Equality Act 2010.

If you are an employer and require any employment advice, please contact the Employment Team at Morgan LaRoche.

Made by Dyslexia and Randstad Enterprise have recently conducted research which shows a significant disparity between the perception of HR leaders, who believe they are progressing towards establishing dyslexic-friendly workplaces, and the real-life experiences of dyslexic employees. For example, 64% of HR leaders believe their recruitment processes identified candidates with dyslexic thinking skills. However, only 4% of dyslexic thinkers agreed with this. Made by Dyslexia and Randstad Enterprise have therefore produced a report which includes steps for employers to take to improve the recruitment and retention of dyslexic thinkers.

Some of these steps include the following:

• Recruitment – During the recruitment process, the report recommends that employers should provide candidates with extra time for responses and quiet spaces for tests. Employers should also ensure that they ask clear questions and provide candidates with an opportunity to show how their dyslexic thinking skills will help them to succeed. The report suggests that employers should review their recruitment process and consider whether it includes unnecessary barriers such as lengthy online applications.
• Value dyslexic thinking – The research shows that the majority of HR leaders (66%) believe their organisations understand the value of dyslexic thinking. However, in reality only 14% of dyslexic thinkers agreed. The report therefore recommends that training is undertaken as this can help to change perceptions and ensure that employers improve their understanding of dyslexia.
• Accommodate employees with dyslexic thinking skills – The report suggests that employers should ensure there is a culture of openness as this will help dyslexic-thinking employees to feel engaged. Consideration should also be given to providing employees with the opportunity to use technologies such as artificial intelligence.
• Long-term support – The report recommends that employers establish groups for dyslexic employees as this will contribute towards creating a more supportive and inclusive environment. Employers should also ensure that there are ways for the needs of dyslexic employees to be passed straight to the senior management team.

Please feel free to contact the Employment Team at Morgan LaRoche if you need any assistance.

With the rapid development of Artificial Intelligence (AI), there is currently an ongoing debate about the advantages and disadvantages of AI. Whilst some experts believe the use of AI will lead to a positive transformational change, others believe it will lead to the automation of thousands of jobs. Amidst this ongoing debate, many employers have begun to look into AI and its potential effects.

Indeed, a recent survey of nearly 9,000 professionals and employers found that approximately 50% of employers and professionals want to use AI in the workplace. However, despite a strong desire to use AI, the results show that of those surveyed only 21% of organisations currently use AI. This figure drops again for workers, with only 15% currently using AI in their role.

The results also show that:

• only 8% of employers and 13% of employers believe that the implementation of AI should be feared.
• Despite the rapid development of AI, only 27% of organisations have begun to upskill their employees to prepare for the use of AI.

The CIPD suggest that employers should begin to carefully think about AI and in particular, employers should think about the benefits, risks and purpose of AI. This will enable employers to adapt and implement AI technology successfully.

Despite the long-term effects of Covid-19 and the challenging economic climate, recent figures published by the Government shows that trade union membership fell for the second consecutive year in 2022. Trade union membership is now at its lowest level since 2017.

The figures show that:

• trade union membership declined from 23.1% in 2021 to 22.3% in 2022.
• in 2022, there was a decline of 200,000 UK employees who were trade union members.
• the private sector saw a decrease of 152,000 members particularly with female members (129,000 of the 152,000).
• there was also a smaller decrease in the public sector with trade union membership falling by 48,000.
• Wales saw the largest fall in trade union membership.
• trade union members are now more likely to have a degree or other form of higher education qualification (63%).

The above figures seem to suggest that the UK workforce is changing with employees less likely to sign up to a trade union. However, in response the TUC said these figures were for 2022 and since then, several unions have reported membership gains particularly in light of the cost-of-living crisis. If you require any employment advice, please contact the employment team at Morgan LaRoche.

The following Bills became Acts after receiving Royal Assent in May 2023:

• The Carer’s Leave Act 2023
• The Protection from Redundancy (Pregnancy and Family Leave) Act 2023

The Neonatal Care (Leave and Pay) Act 2023

Under this Act, parents of babies who require specialist neonatal care following birth will be entitled to statutory neonatal care leave. The Government has announced that it expects new neonatal leave and pay entitlements to be delivered in April 2025. Neonatal care leave will be in addition to other leave such as maternity and paternity leave.

The Carer’s Leave Act 2023

A date has yet to be announced for the implementation of the provisions of this Act. However, after implementation this Act will introduce a new and flexible entitlement of one week’s unpaid leave per year for employees that provide or arrange care for a dependant with a long-term care need.

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023

The purpose of this Act is to ensure that pregnant employees receive greater protection from redundancy during pregnancy. New parents will also receive extended protection following their return from maternity, adoption or shared parental leave.

Although the Act itself will come into force on 24 July 2023, the Government has not yet set a date for the implementation of the necessary regulations and have said that these will be laid before Parliament in “due course”.

If you are an employer and require any advice in respect of the above or any other employment issue, please contact the Employment Team at Morgan LaRoche.