Many employers assume that withdrawing a job offer before someone starts work is a low-risk decision.

A recent Employment Appeal Tribunal ruling suggests otherwise. It held that the withdrawal of a conditional job offer amounted to a breach of contract, even though the employee had not actually started work, and that the financial consequences can be significant.

The case of Kankanalapalli v Loesche Energy Systems Ltd is a timely reminder that a job offer, even one labelled “conditional”, can amount to a binding contract the moment a candidate accepts it.

What happened?

A candidate was offered a role as a project manager, subject to satisfactory references, a right to work check, and successful completion of a six-month probationary period. The offer letter referred to key terms such as salary and a start date, but it did not mention a notice period. The employer also agreed to contribute towards relocation costs.

The candidate accepted the offer by email and completed the new-starter paperwork, including providing referee details and the required right to work documents.

A few weeks later, the employer withdrew the job offer because of delays in the project. The candidate brought a claim for breach of contract, citing the withdrawal of the offer and failure to pay any notice pay.

What did the Employment Tribunal and EAT decide?

The Employment Tribunal dismissed the claim. It held that the job offer was conditional and that the employer had not yet received references or completed the right to work checks (which required original documents). The contract had therefore not been formed.

The EAT disagreed. The key question was the nature of the conditions attached to the offer and whether they were:

• “Conditions precedent”, that is, conditions that must be satisfied before any contract is formed) or
• “Conditions subsequent”: whereby acceptance of an offer gives rise to a binding contract, but if the conditions are not satisfied, the contract terminates.

The conditions were grouped together in the offer letter, and one (passing the probationary period) could only be satisfied after employment began. As there had been no attempt to differentiate between the different conditions, this prevented the EAT from finding that they could be conditions precedent.

The offer letter included the key terms, both parties had treated the contract as binding, and the employer had started the onboarding process. Consequently, the employer did not have an unrestricted right to withdraw the offer for reasons unrelated to the conditions subsequent.

Finally, as the offer letter was silent on notice, the EAT had to imply a reasonable notice period. Taking into account the role’s seniority, the relocation requirement, and the lengthy interview process, it was concluded that three months’ notice would be a reasonable period, which the employer was required to pay.

What does this mean for your business?

The case highlights several practical steps employers should take when making job offers:

1. Labelling an offer “conditional” is not enough on its own and will not prevent a binding contract from forming or a breach of contract if the job offer is withdrawn. If you intend certain conditions to be met before a contract exists, those conditions need to be clearly spelled out, with pre-contract conditions listed separately from post-start conditions, such as probation.
2. Always include a notice period in the offer letter, covering both the probationary period and the post-probation standard notice period after probation has been successfully completed. If you don’t, the Employment Tribunal will imply one, and it may be longer than you’d expect.
3. Before withdrawing any offer, take legal advice to ascertain whether the job offer was conditional or unconditional. Depending on the seniority of the role and the implied or stated notice period, a successful breach of contract claim can mean significant compensation as well as considerable management time.
4. Finally, it’s worth reviewing your current offer letter templates to ensure key terms are included and that the conditional nature of any offer is clearly and correctly expressed.

A little extra care at the offer stage is far less costly than defending a claim if a job offer is withdrawn.

Read more:
Withdrawing a job offer can cost you more than you think

In a recent Acas survey, employers and employees were asked which three changes in the Employment Rights Act 2025 would have the biggest impact in their workplace.

Surprisingly, the new rights on Statutory Sick Pay (SSP) topped the list for both groups, named by 43% of employers and 36% of employees. The reduction in the unfair dismissal qualifying period from two years to six months was the second most significant change (31% of employers and 30% of employees). Employers ranked the new paternity leave day-one rights as the third-largest reform, whereas employees said it was easier access to flexible working arrangements.

The SSP reforms take effect from 6 April 2026, aiming to improve financial security, particularly for part-time employees and those in low-paid jobs. While more employees will qualify for SSP, employers will face increased costs and compliance requirements, particularly for small and medium-sized enterprises.

Before looking at the reforms and what employers can do to prepare for them, let’s consider the current arrangements.

What is the current SSP framework?

An employee must be an “eligible employee” and earn at least the Lower Earnings Limit (LEL), which is currently £125 per week. Even if employees are eligible, SSP is payable only from the fourth consecutive day of sickness, as the first three days are unpaid waiting days.

It is estimated that around 1.3 million employees receive no SSP at all, and many lose pay for only short periods when unwell. Some face the choice of working while ill or losing income. This can spread illness in the workplace and reduce productivity.

What is changing from 6 April 2026?

Approximately 25% of employees only receive SSP (rather than contractual sick pay), and the SSP changes below will have a significant impact.

• Removal of the Lower Earnings Limit, and employees will no longer need to meet the LEL to qualify for SSP.
• A new earnings‑linked calculation and SSP will be paid at 80% of normal weekly earnings (NWE) unless the SSP flat rate is lower.
• SSP will be payable from day one of sickness absence, as the Employment Rights Act 2025 abolishes the three unpaid waiting days.
• SSP will increase from £118.75 to £123.25 a week on 6 April 2026.

It is important to mention atypical workers, such as zero-hours and agency workers, as well as seasonal and irregular-hours staff. Establishing NWE is not always straightforward because of their fluctuating pay and variable working patterns. Employers can determine NWE, for example, by averaging pay over the previous 8-12 weeks or by following the relevant contractual arrangements to ensure SSP reflects actual earning patterns.

What do the SSP changes mean for employers?

The scope of SSP entitlements is significantly widened. As well as administrative adjustments to update policies and payroll processes, the reforms carry a cost implication for organisations of all sizes.

The Government estimates that removing waiting days and abolishing the LEL, combined with introducing the 80% earnings‑linked calculation, will increase employer SSP costs by around £450 million a year. Although a significant sum, it equates to roughly £15 more per employee according to the Government’s impact assessment. Crucially, earlier access to SSP may boost productivity by allowing employees to stay home when unwell without feeling compelled to attend work.

Employer concerns about increased sickness absence could be mitigated through strengthened sickness management. This includes conducting return‑to‑work interviews promptly, even after short periods of illness, which can help to identify underlying issues early and reduce avoidable absences. It can also include structured return-to-work planning, phased returns, and temporary adjustments.

How can employers prepare for the changes?

• Update payroll systems for earnings‑linked SSP and day‑one entitlement.
• Review and update sickness absence policies, contracts and employee handbooks and communicate these changes to employees.

• Budget for increased SSP.
• Identify roles or departments most affected by the wider eligibility rules.

• Train managers and HR on the new regime.
• Strengthen sickness absence management processes.
• Establish the number of atypical workers and how their normal weekly earnings are calculated.

Conclusion

The April 2026 SSP reforms represent a major shift in the UK’s approach to sick pay, expanding access and enhancing financial protection for employees. While these changes introduce additional costs and compliance requirements for employers, early preparation will support a compliant and well‑managed transition.

By reviewing systems and policies now, organisations can ensure they are ready for the new SSP regime and are equipped to support staff and manage sickness absence effectively.

Read more:
Imminent changes to Statutory Sick Pay: What employers need to know

The Employment Rights Act 2025 received Royal Assent on 18 December 2025, and the Act will be implemented on a phased basis, through to 2027.

There are, however, two specific implementation dates to be aware of this year: 6 April 2026 and 1 October 2026.

April 2026

Paternity leave and Parental leave

From 6 April, there will be a day-one right to paternity leave and parental leave. The current requirement for 26 weeks’ and one year’s service, respectively, will be removed. It will also be possible to take paternity leave after shared parental leave.

Also from the same date, there will be a new right to bereaved partner’s paternity leave of up to 52 weeks. This is for fathers and partners who lose their partner before their child’s first birthday. It resolves the difficulties of bereaved partners, without the relevant length of service for time off, who have to rely on discretionary compassionate leave from their employer.

Statutory sick pay

From 6 April, employees will receive SSP from day one of sickness absence, removing the current three-day waiting period. The lower earnings limit will also be abolished, and SSP will be £123.25 a week or 80% of normal weekly earnings, whichever is lower.

Whistleblowing

The definition of a “qualifying disclosure” for whistleblowing purposes will be extended from 6 April to include disclosures about sexual harassment.

Collective redundancy protective award

From 6 April, the maximum protective award for failure to collectively consult will double from 90 days’ to 180 days’ pay. This significant increase is intended to prevent employers from “pricing in” the cost of ignoring collective consultation obligations.

Fair Work Agency (FWA)

The FWA will be established on 6 April. It will be able to conduct workplace inspections, issue penalties for underpayment of wages, and represent workers in legal proceedings. We do not have the timeline for the FWA’s enforcement powers; we only have its launch date.

Other developments

It is worth mentioning that there will be extensive trade union and industrial action changes throughout the year. Also, employers with 250 or more employees are expected to introduce voluntary equality action plans in April to promote gender equality, address the gender pay gap, and support menopausal employees. The plans will be mandatory in 2027.

October 2026

Harassment and sexual harassment

Currently, employers must take “reasonable steps” to prevent sexual harassment in the course of employment. From 1 October, the duty will be strengthened to take “all reasonable steps”.

There will also be protection from third-party harassment, covering any harassment rather than only sexual harassment as at present. Third parties include customers, clients and members of the public. Employers will be liable unless they can show they have taken all reasonable steps to prevent third-party harassment.

Fire and rehire

From 1 October, dismissing an employee for refusing certain contract changes (“restricted variations”) will be automatically unfair, except where the employer is in financial difficulty. Restricted variations include changes to pay, pensions, working hours, shift patterns or holiday entitlement.

It will also constitute an automatic unfair dismissal if an employee is replaced with someone who is not a direct employee (for example, an agency worker) and who will perform the same or substantially the same role as the dismissed employee.

Employment Tribunal time limits

From 1 October, the time limit for bringing an Employment Tribunal claim will increase to six months for all claims, doubling the current limit of three months. There is concern that this may lead to a rise in Employment Tribunal cases, but it also arguably provides more time for early conciliation.

Other developments

As well as changes to trade union and industrial action, amendments scheduled for implementation on 1 October will prevent the creation of a “two-tier workforce” under outsourced contracts. From the same date, employers must consult with workers and trade union representatives on their written tips policy and review it at least once every three years.

How can employers prepare for implementation?

• Review and update family-related and sickness absence policies, and communicate with staff about the reasons for the changes and when they will take effect.

Be mindful of the considerable increase in the protective award for failing to collectively consult if redundancies are anticipated.

• Prepare for higher SSP costs.
• Review and update whistleblowing policies and reporting mechanisms to cover sexual harassment disclosures and provide clear guidance for staff.
• Review and update harassment and sexual harassment policies, and review any sexual harassment risk assessment to account for the extended duty.
• Prepare for greater scrutiny of employment practices when the FWA’s remit becomes clearer.
• Consider whether additional training is needed for staff and managers.

This year, more than ever, employers need to stay informed and to prepare for the many employment law changes ahead.

Read more:
Implementation of the Employment Rights Act 2025: what employers need to know

There have been long-standing concerns about the use of Non-disclosure agreements (NDAs), particularly relating to sexual harassment allegations. Those concerns have grown with the momentum of the MeToo movement.

The use of NDAs stands at a critical crossroads. Imminent and future legal reforms are poised to fundamentally alter their scope and enforceability in the context of discrimination and harassment.

NDAs have historically been used as a crucial way of maintaining corporate confidentiality and protecting intellectual property and trade secrets. They are routinely used throughout the entire employment lifecycle, from hiring through ongoing employment and extending to an employee’s exit. Nonetheless, substantial legislative changes are set to limit their scope significantly.

How are legislative changes reshaping NDAs?

The Government is set to ban the use of controversial NDAs where workers have complained about workplace harassment or discrimination. This proposal is part of the Employment Rights Bill. If enacted, new rules will make confidentiality clauses in settlement agreements (or other agreements) void, to the extent that they attempt to prevent individuals from discussing allegations of or disclosing information about harassment or discrimination. The rules also extend to the employer’s response to the allegations.

There will be limited circumstances where NDAs can still be used in relation to harassment and discrimination complaints, known as “excepted agreements”. Future regulations are expected to define an “excepted agreement” narrowly, allowing such NDAs only under specific conditions -most notably, when a worker actively requests one.

There is currently no information about when these NDA proposals will be implemented. Although the Government published a roadmap in July 2025 outlining the phased implementation of the Employment Rights Bill, the NDA proposals were made after the roadmap’s publication.

The Victims and Prisoners Act 2024

By contrast, under section 17 of the Victims and Prisoners Act 2024 (“the Act”), any NDAs entered into on or after 1 October 2025 will be unenforceable against individuals who are, or who reasonably believe themselves to be, victims of crime – specifically when they disclose information about relevant conduct to certain parties and for clearly defined purposes.

The Act protects “permitted disclosures” made by victims to:

• Law enforcement agencies and investigative authorities
• Qualified legal professionals
• Regulated professionals, including members of the healthcare sector
• Registered victim support organisations
• Regulatory or supervisory bodies
• Authorised representatives
• Immediate family members, specifically being a victim’s child, parent, or partner.

The Act adopts an inclusive definition of “victim.” Under section 1, a victim is anyone who has suffered harm as a direct result of criminal conduct in England and Wales, or who reasonably believes they are a victim. Notably, this definition extends to individuals who have witnessed criminal conduct and experienced harm as a result.

“Harm” is defined broadly to include physical, mental, or emotional suffering, as well as economic loss. Importantly, there is no requirement for the offence to have been officially reported, nor must there be a charge or conviction for someone to be recognised as a victim under the Act.

What steps should organisations take?

·        Implement a clear anti-harassment policy if you don’t already have one, and ensure this includes an effective complaints procedure.

·       Provide training to workers and managers on harassment and discrimination.

·       Foster an inclusive culture in the workplace.

·       Review contract templates, especially NDAs, but also contracts of employment and settlement agreements to ensure they align with the latest legal standards.

·       As well as the above, and in relation to the new Act, set out clearly the circumstances when disclosures are permitted in NDAs. This will eliminate potential ambiguities regarding parties’ rights and obligations. By doing so, businesses can safeguard transparency and compliance in a rapidly evolving environment.

Conclusion

The introduction of these legislative reforms is another step toward prioritising individual rights over the broad use of confidentiality clauses. For employers, this means taking a proactive approach to ensure alignment with new transparency-focused standards.

While NDAs still serve a valid purpose in protecting legitimate business interests, their use in cases of harassment or discrimination is now subject to stricter scrutiny. That scrutiny will be even greater when the NDA provisions in the Employment Rights Bill come into force.

Read more:
Reshaping confidentiality: the changing landscape of Non-disclosure agreements

There are around 700,000 disabled people in the UK who want to work but are not in employment, according to the Department for Work and Pensions. Disabled people also leave jobs at twice the rate of non-disabled colleagues.

There is a persistent “disability employment gap”, which is the difference in employment rates between disabled and non-disabled people. Right now, the gap stands at 28%.

A recent government review revealed that the gap is widest for men, older people aged 50 to 64, people with no qualifications, and those living in social housing. Regionally, it is most marked in Northern Ireland, Scotland, Wales, and the north of England.

Disabled people are also more likely to be in part-time or lower-skilled roles, and more likely to be “under-employed”, looking for more hours or a different job.

Why this matters to employers

The figures show a large pool of people who want to work and who could bring valuable skills. Widening recruitment practices to encourage candidates with disabilities is not only the right thing to do, but also beneficial for business. It opens up access to high-quality applicants, improves staff retention, and supports a more diverse workforce.

Inquiry now open

The House of Commons Work and Pensions Committee has launched an inquiry into employment support for disabled people and how to improve their job prospects. It wants to hear directly from businesses, people with disabilities, and experts about what works and what doesn’t. Submissions are open until 29 September 2025.

Questions the Committee is asking include:

• Why has progress in closing the disability employment gap slowed?
• What barriers stop disabled people from working or working more?
• What support works best for people with different disabilities?
• How effective are current schemes, such as Access to Work?
• How successful has the Disability Confident scheme been in improving employer practices?

After reviewing the evidence, the Committee will make recommendations to the government.

Support available for employers

Access to Work is a grant to help cover the cost of adjustments, enabling someone to start or stay in work if they have a physical or mental health condition or disability. It can pay for:

• Specialist equipment or assistive software
• Support workers
• Travel costs if public transport can’t be used
• Communication support at job interviews, such as a BSL interpreter
• Mental health support plans and one-to-one sessions with a mental health professional

Full details on eligibility and the application process are available on the government website. Importantly, the grant goes to the employee, not the employer, so the cost does not fall on your business. Find out more about the Access to Work scheme here.

Disability Confident

Disability Confident is a voluntary scheme that helps employers challenge assumptions and improve their recruitment practices, as well as increase their understanding of disability. It has three levels of membership and is designed to show a clear commitment to inclusive hiring. For businesses, joining can bring reputational benefits, widen the candidate pool, and demonstrate to customers that your business values fairness.

Pay gap vs. employment gap

It is worth noting that the disability employment gap (who gets into work) is different from the disability pay gap (what people earn once in work). The government has recently consulted on whether large employers should be required to publish data on disability and ethnicity pay gaps. That consultation closed in June 2025, with proposals still to be announced. You can read more about that in my previous article here.

What can employers do now

• Review recruitment practices to ensure job advertisements and processes are inclusive and equitable.
• Consider Access to Work. It can help remove the cost barrier to hiring staff with disabilities.
• Consider signing up to Disability Confident to demonstrate commitment.
• Keep an eye on the Committee inquiry, as the findings may shape future policy.

Read more:
700,000 disabled people want to work: How can businesses help and benefit at the same time?

A recent decision by the Employment Appeal Tribunal (EAT) serves as a timely warning to employers, particularly small to medium-sized enterprises (SMEs), about the potential pitfalls of redundancy processes.

In Hendy Group Ltd v Kennedy [2024], a long-serving employee won his unfair dismissal claim despite accepting both the need for redundancies and the fairness of his selection. The issue? His employer failed to provide active support in finding a suitable alternative role within the company.

This case shows that ticking the right boxes isn’t enough. Even when redundancies are unavoidable, the way an employer handles redeployment can significantly impact the fairness of the overall process, with potentially costly consequences.

What happened in this case?

Mr Kennedy had worked for Hendy Group, a car dealership, for more than 30 years. During a restructuring triggered by the pandemic, his training role was placed at risk of redundancy. He accepted that redundancies were necessary and that he’d been fairly selected.

Although numerous internal vacancies existed during Mr Kennedy’s notice period, he argued that Hendy had failed in its duty to explore suitable alternative jobs within the business. The Employment Tribunal agreed – and when Hendy appealed, the EAT upheld that decision.

Despite several vacancies being available during his notice period, Mr Kennedy was treated like an external applicant. He was given no priority access or support.  His access to the company’s intranet and email was cut off early on, and HR failed to inform hiring managers that he was at risk of redundancy. A senior manager even discouraged his applications, citing concerns about his motivation, despite clear evidence that he wanted to stay.

Ultimately, the Employment Tribunal found that Mr Kennedy had actively sought redeployment, but the company had not met its duty to help him. The result? Hendy was ordered to pay him £19,566.73 in compensation.

The legal principle

Under the Employment Rights Act 1996, even when redundancy is genuine and the selection process is fair, a dismissal can still be deemed unfair if the employer fails to take reasonable steps to consider suitable alternative employment.

The EAT’s decision reaffirms that employers must do more than signpost. They have a positive obligation to support staff in finding suitable alternative roles where these exist.

What employers can learn

For SMEs, especially those without large HR teams, redundancy processes can feel like a legal and logistical headache. This case illustrates that practical missteps can have unintended consequences.

Here are the key lessons:

1. Support, don’t just inform

If you have other suitable jobs available, you need to help at-risk staff access them. That means more than pointing them to a list. Can they apply internally with priority? Are hiring managers aware of their status? Are they getting help to apply?

2. Keep systems access in place

Cutting off access to emails, the staff intranet, or vacancy portals may be standard when someone leaves, but not when they’re still in the business and trying to apply for another role. Ensure staff can apply for roles before it’s too late.

3. Considering redeployment is an essential part of the process

Thinking about alternative jobs shouldn’t be a bolt-on after the redundancy letter is sent. There should be meaningful discussions about redeployment during the consultation process.

4. Be careful when judging motivation

Avoid assumptions about an employee’s commitment or mindset unless there’s strong evidence. Mr Kennedy’s case showed how easily an employer can be perceived as closing doors unfairly. Employment Tribunals are wary of subjective opinions being used to block someone from staying.

5. Keep a clear record

Employers should be able to demonstrate the steps they took to help redeploy an individual. Were they sent internal vacancies? Were they given support? Was there evidence they applied and were considered? A paper trail matters especially where multiple vacancies exist.

What you should do now

If you’re managing a redundancy process – or think you might need to – now is a good time to review your internal approach. Ask yourself:

• Do we have a clear and fair process for identifying suitable alternative roles?
• Are HR and line managers actively supporting staff to stay in the business?
• Are we giving at-risk employees a genuine chance to redeploy?
• Can we show that we’ve done this in writing?

Redundancies are often unavoidable, but subsequent unfair dismissal claims – and the reputational and financial damage they bring – don’t have to be. This case is a sharp reminder that when it comes to redundancy, how you treat people on the way out matters just as much as why they’re going.

Read more:
Redundancy gone wrong: A case that reminds employers what not to do

What can dishonesty mean in the context of a job application, and how should employers deal with it?

The Employment Appeal Tribunal (EAT) recently upheld the decision of the Employment Tribunal (ET) in the case of Easton v Secretary of State for the Home Department (Border Force), finding that an employee was fairly dismissed when he failed to include relevant and material employment history details in his application form. This constituted gross misconduct, and his dismissal was found to be within the “band of reasonable responses”.

Case background

Mr Easton worked for the Home Office from 2002 until 2016. He was dismissed on 13 June 2016 for gross misconduct involving inappropriate behaviour towards females and temper issues. This resulted in a subsequent three-month employment gap. He then started working with the Department for Work and Pensions (DWP) on 4 September 2016.

Mr Easton later applied for a role in the Border Force (part of the Home Office). Under the “Employment History” section of the application form, he presented himself as working for the Home Office from “2002 – 2016” and the DWP from “2016 to current”. Mr Easton did not divulge his dismissal or the employment gap in the application form or at the interview stage. His employment gap and dismissal were concealed by misleadingly presenting his employment history. The application form contained a checkbox whereby Mr Easton confirmed that he understood that he may be subject to disciplinary action or rejected if he provided false information or withheld relevant details.

Mr Easton re-joined the Home Office as part of the Border Force. A disciplinary investigation commenced after Mr Easton’s dismissal came to light. Following the investigation, he was dismissed for gross misconduct due to his failure to disclose relevant and material information regarding his earlier dismissal and for concealing a period of unemployment. Mr Easton unsuccessfully appealed the decision and then brought an Employment Tribunal claim.

Employment Tribunal

The ET held that Mr Easton had not been unfairly dismissed. The dismissal was fair for the potentially fair reason of misconduct, as he failed to disclose relevant and material information on his application form. The employer had behaved within the band of reasonable responses that a reasonable employer in those circumstances would have reached, especially given the nature of the organisation, Mr Easton’s role and the misconduct. The ET also held that the procedure followed was “thorough” and “more than reasonable”.

Employment Appeal Tribunal

The EAT dismissed Mr Easton’s appeal. Using years only for his employment history obscured his previous dismissal and subsequent employment gap. The ET was entitled to find that his employer had reasonable grounds to believe that the decision to present information in such a way had been dishonest.

A reasonable job applicant faced with a blank box headed “Employment History” would have understood that the information had to be presented in a way that would reveal any employment gaps. The ET found that Mr Easton understood that dismissals and unemployment in the previous three years would be relevant and material information for a job application. Significantly, Mr Easton confirmed his understanding of its relevance during cross-examination.

The EAT held that the ET took the correct approach of reviewing the employer’s process and concluding that it was open to the employer to find that Mr Easton’s decision to withhold that information was deliberate and dishonest.

Lessons for employers

• Ensure you conduct thorough pre-employment checks. Job application forms should explicitly request an applicant’s full employment history, including exact dates of roles, and request any employment gaps and reasons for leaving previous roles.

• Ensure you review and verify employment history. An application form should not be seen as a tick-box exercise. Employers should verify employment history and investigate any concerns before making recruitment decisions.

• Correct procedure is key. A fair and thorough investigation, disciplinary and appeal process, is essential. Employers should bear this in mind before deciding to dismiss, given that the investigation will be relevant when determining whether such a decision falls within the band of reasonable responses. Employers should also ensure their procedures and decisions are consistent.

Read more:
Job applications: the truth, the whole truth, and nothing but the truth

Gender pay gap reporting for large employers was introduced in 2017. The Government’s view is that this has improved transparency and provided employers with important information about how to address inequalities.

It intends to introduce mandatory ethnicity and disability pay gap reporting and is now consulting on how to do this.

The consultation period ends on 10 June 2025.

The aim is to adopt a similar reporting framework used for gender pay. Accordingly, many proposals will be familiar to large employers, that is, those with 250 or more employees. However, it is accepted that ethnicity and disability pay gap reporting will be more complex. This is because of the large number of ethnicities in the workforce and the fact that many organisations do not have much information about employee ethnicity.

Most ethnic minority groups earn, on average, less than their white British peers, and disabled people have, on average, lower incomes than non-disabled people. Introducing mandatory ethnicity and disability pay gap reporting will expose any pay gaps and enable organisations to consider why such pay gaps exist and how to tackle them.

What does the consultation paper cover?

Pay gap calculations

As with gender pay gap reporting, it is proposed that employers would report on mean and median differences in average hourly pay and bonus pay, the percentage of employees receiving bonus pay and the percentage of employees in four equally-sized groups, ranked from highest to lowest hourly pay. Significantly, the Government also proposes to make it mandatory for employers to report on:

• The overall breakdown of their workforce by ethnicity and disability.
• The percentage of employees who did not disclose their personal data on their ethnicity and disability.

Additional reporting requirements for public bodies

The Government has asked whether employers should report ethnicity pay differences by grade or salary bands and recruitment, retention and progression data by ethnicity. It has also asked whether these requirements should extend to disability.

Ethnicity data collection and calculations

These are complex issues for the reasons mentioned above. Asking employees to report their own ethnicity is the best way to collect data, but the Government suggests there should be an option to “opt-out” of answering. Because some ethnic groups may be earning more than others, the Government is keen that employers show pay gap measures for as many ethnic groups as possible.

However, there are data protection implications. To protect employees’ privacy, a minimum of 10 employees in any ethnic group is proposed, and employers might have to add some ethnic groups together to meet this threshold. A “binary classification” of two groups is proposed if an employer has smaller numbers of employees in different ethnic groups, for example, comparing white British employees with ethnic minority employees.

Disability data collection and calculations

The Government proposes taking a “binary approach” to measuring the disability pay gap by comparing the pay of disabled employees with that of non-disabled employees. The Equality Act 2010 definition of disability is likely to be used. Employees will not be required to identify or disclose their disability to their employers when disability pay gap reporting is introduced. As with ethnicity, a minimum of 10 employees in each group being compared is proposed for data protection purposes and to protect employees’ privacy.

Dates and deadlines

The same two sets of dates as used for gender pay gap reporting are proposed: the “snapshot date” of 5 April each year for the private and voluntary sector and the “reporting date” by 4 April the following year. Public bodies’ dates are 31 March and 30 March the following year. Employers will probably have to report their ethnicity and disability pay gap data online, similar to the gender pay gap service.

Other parts of the consultation paper consider the geographical scope of mandatory reporting and whether employers should produce action plans to help identify why there is a pay gap and how it can be closed. It is proposed that the Equality and Human Rights Commission will be responsible for enforcement.

Conclusion

Many organisations are already analysing ethnicity pay gaps voluntarily. In April 2023, the previous Government published comprehensive guidance for employers on how to voluntarily measure, report and address any ethnicity pay difference within the workforce.

However, many employers may not have enough employee data to produce a meaningful ethnicity pay gap report, so the starting point is to focus on collecting this data and encourage employees to participate in workforce surveys.

Read more:
Ethnicity and disability pay gap reporting: What employers need to know

Businesses must prepare for a significant new workplace entitlement where a baby is born on or after 6 April 2025 – neonatal care leave. Currently, 1 in 7 babies in the UK requires neonatal care due to premature birth, low birth weight, or complications.

Until now, parents in this situation have had to rely on maternity, paternity, or unpaid leave, often adding financial strain to an already stressful time.

The new law changes this, giving employees a day-one right to take up to 12 weeks of neonatal care leave if their baby is admitted to hospital for at least seven consecutive days in their first month of life. Some employees will also qualify for statutory neonatal care pay (SNCP), which businesses will be responsible for administering.

This change requires businesses to review their policies and processes. With around 60,000 parents expected to benefit from the new right, employers should act now to ensure they are ready for the its legal and practical implications.

So, what do businesses need to know—and how can they prepare?

What is neonatal care leave, and who is eligible for it?

It is a day-one right for employees to take neonatal care leave where a neonate, (a baby who is 28 days old or less) is admitted to hospital for care for seven continuous days or more. This right applies to each parent separately. Neonatal care is:

• Medical care received in a hospital.
• Medical care under the direction of a consultant after the child leaves hospital which includes ongoing monitoring and visits from healthcare professionals arranged by the hospital.
• Palliative or end-of-life care.

The right is in addition to maternity, adoption, paternity and shared parental leave.

Statutory neonatal care pay (SNCP) may be payable if the employee has at least 26 weeks of continuous service and earns an average of at least £123 a week. SNCP will be £187.18 a week.

“Parent” has a wide meaning and includes the child’s parent, prospective adopter or intended parent (as in a surrogacy arrangement). It also includes the partner of the child’s mother or prospective adopter where they are living together in “an enduring family relationship”.

Parents can take up to 12 weeks of neonatal care leave (which may be paid) with a minimum entitlement of one week. It is provided from the day the newborn is admitted to a neonatal unit. It can be taken at any point during the first 68 weeks following the baby’s birth or adoption placement. A parent is already likely to be on family leave, such as maternity leave, when neonatal care leave is needed, and the new right effectively means that a period of neonatal care leave is added to the end of maternity leave.

There are two different periods of neonatal care leave. The Tier 1 period begins on the day the child starts receiving neonatal care and ends seven days after the day neonatal care ends. Neonatal care leave can be taken in non-continuous blocks of  at least one week during Tier 1. The remainder of the 68 weeks is called the Tier 2 period, and neonatal care leave must be taken in one continuous block.

The notice varies depending on whether it is Tier 1 or Tier 2 (with reduced notice for Tier 1), but the employer and employee can mutually agree to waive the notice requirements.

What should employers do now?

Employers need to prepare for the introduction of neonatal care leave, both in terms of policy implementation and internal processes and will need to:

• Prepare a neonatal care leave policy that includes details of who is eligible, when the right applies, and notice requirements.
• Decide whether or not to enhance the statutory right, for example, by paying more than SNCP for a specified period. Businesses already providing enhanced contractual family rights may be prepared to do this.
• Review and update any existing neonatal care leave policy to meet the minimum statutory entitlements.
• Inform employees about the new policy (or any updates to an existing policy) and ensure that employees understand the process for taking neonatal care leave.
• Train managers in dealing with neonatal care leave applications and supporting the employee at a stressful time.
• Be aware that, as with other types of family leave, employees will continue to benefit from their terms and conditions of employment except for pay. There will also be protection from detriment and unfair dismissal.
• Look out for the detailed Government guidance, which is still to be published.

Finally, even after neonatal care has ended, the child may need ongoing medical treatment which will be another stressful time for the parent. Employers should consider whether more flexible working patterns would be helpful and should publicise any well-being initiatives and EAPs.

Below are details of charities which support families with newborns receiving neonatal care.

The Smallest Things Charity: The Smallest Things

Bliss Charity: Bliss

Working Families: Working Families

Read more:
New Right to Neonatal Care Leave: What Businesses Need to Know

The new year is an excellent opportunity for businesses to review their finances and plan effectively for the months ahead.

With the annual increases to the national living and minimum wage and other statutory payments set to take effect in April 2025, its essential to prepare for these changes in advance.

National Living and Minimum Wage

From 1 April 2025, the National Living Wage (NLW) and the National Minimum Wage (NMW) will increase as follows:

• National Living Wage (workers aged 21 and over) from £11.44 an hour to £12.21
• Aged 18-20 from £8.60 an hour to £10.00
• Aged 16-17 from £6.40 an hour to £7.55
• Apprentice rate from £6.40 an hour to £7.55

The 16.3% increase in the 18-20-year-old rate is the largest increase ever. It is intended to narrow the gap with the NLW because the higher rate is expected to be extended to 18-20-year-olds in the future. The Low Pay Commission is likely to consult on how to achieve this in 2025.

Employers should audit the ages of their workforce so that they can inform payroll or payroll providers about the individuals benefitting from any increases to the NLW or NMW to ensure that the new rates are paid.

Increase in statutory payments

On 6 April 2025:

• The weekly rate of statutory maternity, adoption, paternity, shared parental and parental bereavement leave pay will increase from £184.03 to £187.18 or 90% of the employee’s average weekly earnings if this is less than the statutory rate.
• The weekly rate for statutory sick pay will increase from £116.75 to £118.75

Employers will need to ensure that staff going on family-related leave are informed of the increased rates at the relevant time.

Although there is a relatively modest increase to statutory sick pay (SSP), employers must be aware that there are potentially significant changes ahead. On 4 December 2024, a consultation exercise about strengthening SSP ended. To be eligible for SSP, an employee must have average weekly earnings at, or above, the lower earnings limit (LEL), which is currently £123 a week (increasing to £125 in April). SSP is only paid from the fourth day of sickness absence. It is estimated that up to 1.3 million low-paid workers are not eligible for SSP. In addition, because SSP is not payable until the fourth day, many people who qualify for it work when they are unwell. As part of the consultation, it is proposed that eligibility be extended to those earning below the LEL and that the three-day waiting period be removed so that SSP is available from day one. The proposal is to introduce a taper to the SSP rate so that an employee is entitled to a certain percentage of their average weekly earnings or the SSP flat rate, whichever is lower. There are no further details at the moment.

National insurance contributions

In the autumn budget, it was announced that, from 6 April 2025, the rate of employers’ NICs will increase from 13.8% to 15%. In addition, because the earnings threshold has been lowered, employers will pay NICs on employee earnings from £5,000 rather than £9,100.

There is some concern that this rise in employers’ NICs and the increases in the NLW and NMW could negatively impact recruitment and result in job losses. The increased costs could also be passed on to consumers.

According to a recent announcement by the Deputy Governor of the Bank of England, the rise in employers’ NICs could slow long-term wage growth overall.

Undoubtedly, the additional costs present challenges for employers, particularly when balancing the need to remain competitive with the rising financial pressures. Employers should consider proactive measures, such as reviewing budgets, identifying efficiencies, and exploring options to enhance productivity. Open communication with employees about potential changes and ensuring compliance with legal obligations will also be key to navigating these adjustments.

Furthermore, consulting with legal or financial professionals can assist businesses in making informed decisions and implementing strategies to manage these changes effectively.

Read more:
Looking ahead to 2025: Increased costs for employers     

Following the general election, the new Government committed to publishing its proposals for employment law reform within 100 days. With a few days to spare, the highly anticipated Employment Rights Bill was published on 10 October 2024.

It is described as the biggest upgrade to rights at work for a generation, and here is an overview of the key proposals.

Unfair dismissal

The proposal to confer day-one unfair dismissal rights has been controversial. Currently, two years of service is required.

There will be a new statutory probation period. This will give employers time to assess someone’s suitability properly. During that period, employers will be able to adopt a “lighter-touch and less onerous approach” when dismissing someone who is not right for the job.

The Government prefers a nine-month statutory probation period and will consult on this during 2025. However, the reform of unfair dismissal will not be before autumn 2026.

In certain circumstances, there is already extensive protection from unfair dismissal from day one, such as dismissals relating to whistleblowing or for health and safety reasons.

Zero-hours workers

It is reported that 84% of zero-hours workers would rather have guaranteed hours. If someone works regular hours over a defined period, they will have a right to a guaranteed-hours contract, but workers can remain on zero-hours contracts if they prefer. They will also have the right to reasonable notice of a shift and the right to payment for cancelling a shift or changing it at short notice.

Fire and re-hire

The Government has said that “ending unscrupulous employment practices is a priority”. This includes ending firing and rehiring on new terms and conditions, often less favourable. It will be automatically unfair to dismiss someone who refuses to agree to a variation of their contract except in certain circumstances. For instance, if the variation ensures the business can continue as a going concern where there is “genuinely no alternative”. This could be difficult to evidence in many cases.

Supporting working families

Flexible working will be the default for all workers unless the employer can show it was reasonable to reject a request on specified business grounds. Currently, there is a right to parental bereavement leave, and there will be a new general right to bereavement leave. There will also be improved protection for pregnant women and new mothers returning to work. Finally, parental leave and paternity leave will become a day-one right. Currently, one year’s service and 26 weeks’ service, respectively, are needed.

Statutory sick pay

The lower earnings limit and current waiting period of three days before SSP is paid will be removed so that SSP is available from the first day of sickness absence.

Protection from harassment

We have written about the new duty that comes into force on 26 October 2024, which requires employers to take reasonable steps to prevent sexual harassment of their workers.

The Bill extends this so that employers will be obliged to take all reasonable steps. Future legislation may also specify what constitutes reasonable steps, such as publishing plans or policies.

Protection from third-party harassment, which was removed from the Equality Act 2010 in 2013, will be reinstated.

Finally, sexual harassment disclosures will count as “qualifying disclosures” for whistleblowing purposes.

Collective redundancy

The obligation to collectively consult arises when 20 or more employees are dismissed “at one establishment.” The Bill makes it clear that the obligation will apply when the threshold is reached across the whole organisation, not at a particular establishment.

Equality at work

Large employers (over 250 employees) will be required to produce action plans on how to address their gender pay gaps and how they will support employees going through the menopause.

Industrial relations

The Bill contains numerous provisions, including an obligation on employers to provide workers with a written statement about their right to join a trade union. The Government will also repeal the previous Government’s trade union legislation, including the controversial (and never used) provisions relating to minimum service levels.

Enforcement

Currently, multiple enforcement bodies report to different Government departments, but a new Fair Work Agency will combine these.

What happens next?

The Bill did not refer to topics such as the right to “switch off” or ethnicity and disability pay gap reporting. These were mentioned in a separate document published on the same day that outlines the government’s longer-term plans.

The Bill’s second reading takes place on 21 October 2024. Various consultation exercises will take place throughout 2025, and we can expect a great deal of scrutiny of the Bill in the months ahead.

Read more:
A guide to the new Employment Rights Bill: What businesses need to know

A new duty on employers to take reasonable steps to prevent sexual harassment is imminent. What do businesses need to do to prepare?

From 26 October 2024, employers will be under a new duty to take reasonable steps to prevent sexual harassment of their workers. This new preventative duty is contained in the Worker Protection (Amendment of Equality Act 2010) Act 2023.

The preventative duty relates only to sexual harassment and not other “protected characteristics” included in the Equality Act 2010. It is in addition to the current protection from discrimination, harassment and victimisation contained in that Act.

On 26 September 2024, the Equality and Human Rights Commission (EHRC) published comprehensive updated Technical Guidance for employers and an Employer 8-step guide: Preventing sexual harassment at work which are well-worth looking at.

What is sexual harassment?

The Equality Act 2010 defines this as unwanted conduct of a sexual nature which has the purpose or effect of either violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

Examples include unwelcome physical contact, sexual jokes or comments, sexual advances, sending sexually explicit emails/texts and displaying sexually graphic images.

What is the preventative duty?

The Guidance describes it as “a positive and proactive duty designed to transform workplace cultures”.

• Employers should anticipate scenarios when their workers may be subject to sexual harassment in the course of their employment and take action to prevent it.
• If sexual harassment has taken place, employers should take action to stop it from happening again.
• The preventative duty applies to third-party harassment (unlike the Equality Act 2010) from, for example, clients, customers, service users, or members of the public.
• An individual cannot bring a standalone claim for breach of the preventative duty itself, but where there has been a breach, this can impact the amount of compensation, which is considered below.

Reasonable steps

The Guidance makes it clear that there is no prescribed minimum. What is reasonable will vary depending on the employer, and relevant factors include:

• Employer’s size, resources and sector
• Risks in that workplace
• Contact with third parties
• The likely effect of taking a particular step and whether an alternative step could be more effective
• Time, cost and potential disruption of a particular step weighed against the benefit

Factors to consider in a risk assessment

Significantly, the Guidance states that employers are unlikely to be able to meet the preventative duty if they do not carry out a risk assessment.

It is not a static duty, and employers must review their preventative steps regularly.

The Guidance refers to various risk factors that may increase the risk of sexual harassment in the workplace, and these include:

• A male-dominated workforce
• A workplace culture that permits crude/sexist “banter”
• Gendered-power imbalances
• Lone or isolated working
• Workplaces that permit alcohol consumption
• A casual workforce
• There are no policies or procedures to deal with sexual harassment

Consequences for breach of the new duty

If a worker successfully claims sexual harassment and compensation is awarded by the Employment Tribunal, the Tribunal must consider whether the employer has breached the preventative duty. If they have, the Tribunal can order a compensation uplift of up to 25%. Compensation for sexual harassment is unlimited and includes past and future loss of earnings and injury to feelings; consequently, the compensation uplift could be considerable. Note that the EHRC can also take enforcement action against the employer.

With only a few weeks before the preventative duty takes effect, what can employers do to prepare?

• Carry out a risk assessment

Consider the risks of sexual harassment, the steps that would mitigate those risks and which steps are reasonable to implement.

• Educate workers about sexual harassment and what actions amount to such conduct.

Refer to the Equality Act 2010 definition and provide examples of what would constitute unwanted sexual conduct.

• Foster an inclusive culture in the workplace

Implement a zero-tolerance approach to sexual harassment, which will help instil a respectful and inclusive environment. Management and senior leaders have a critical role to play.

• Implement a clear anti-harassment policy

Encourage staff to report sexual harassment and establish an effective complaints procedure. Make it clear that harassment can lead to disciplinary action. Publicise the policy and ensure that it is easily accessible and reviewed regularly. Provide support for complainants.

• Provide training to workers and managers

Tailor this for the specific workplace and target audience. Where third-party harassment is a risk, the training should address this. Keep records of who has received training, and crucially, refresh it regularly.

• Detect sexual harassment

Be proactive and look for warning signs in the workplace, such as sickness, absence, a dip in performance, behavioural change or resignations.

Read more:
A guide to the new legal duty on employers to prevent workplace sexual harassment

If so, how often is acceptable? What if the contact is unwanted?

The Employment Tribunal recently considered these issues in the Toure v Commissioners for HM Revenue and Customs case.

Ms Toure joined HMRC in 2019 and is a French national of African origin and a Muslim. She had a disability as defined by the Equality Act 2010. Comments were made about her accent and her appearance, including being described as being a “beautiful black woman”. She was also asked why she wore a headscarf.

During a team meeting in August 2020, Ms Toure’s line manager (who kept a list of his team’s birthdays) acknowledged her birthday to the team. Ms Toure then emailed her line manager, explaining that although she had appreciated the birthday wishes, she did not want her personal information shared. She asked to be removed from the list.

Ms Toure subsequently raised an informal complaint and later a formal grievance about how her expenses claim had been handled and the lack of training opportunities.

The grievance was mostly not upheld, nor was her second grievance.

Ms Toure went off sick on 30 June 2021 for work-related stress. She asked her line manager to keep correspondence to a minimum and to send it only by email. During the first three weeks of July 2021, she was contacted 11 times and received another birthday card.

The Tribunal accepted that some of the correspondence was because of Ms Toure’s lack of proactive efforts to report her sickness absence. None of the contact, including the birthday card, was intended to harass her.

However, the Tribunal held that it was unwanted conduct due to Ms Toure’s disability. The correspondence had the effect (even if not intended) of creating a hostile and intimidating environment for Ms Toure. This constituted disability-related harassment.

Lessons for employers

Correspondence may be sent with the best of intentions. However, it is difficult for employers to strike a balance, especially as ACAS’s guidance suggests that employees absent because of a mental health condition often benefit from regular contact with their employer.

How can an employer avoid making a similar mistake?

Review Absence policies

Consider whether there are suitable provisions for contact during periods of sickness absence. These provisions should cover the purpose, frequency, and method of contact, and they can be adjusted when necessary.

Consult your employees

Obtain your employees’ views on how, when, and from whom contact should be made. Part of this discussion can be about how much information the employee wants to share with colleagues. Ensure that what has been agreed upon is passed on to anyone else contacting the employee.

Consolidate correspondence

This is particularly important in large organisations. Contact may come from a line manager, HR, payroll teams, or occupational health. Individually, they may not correspond with the employee frequently, but collectively, their correspondence could be significant. Employers also need to take care of automatically generated correspondence, for example, a communication informing the employee that contractual sick pay is being reduced or ending. Ensure that communications come from one person only or at set times wherever possible.

This case is a valuable and important reminder for employers to have clear and transparent policies while remembering the needs of individual employees.

Read more:
Should you contact an employee on sick leave?

The main provisions of the Employment (Allocation of Tips) Act 2023 and the Code of Practice on Fair and Transparent Distribution of Tips come into force on 1 October 2024.

There have been concerns that some employers make deductions from tips, for example, for “administrative fees,” or retain a proportion of tips. Under the Act, employers must ensure that workers receive “tips, gratuities and service charges” (“tips”) in full and that tips are allocated fairly and transparently.

According to Unite, the trade union for hospitality workers, the Act will impact over four million workers who receive tips. Briefly:

• All tips paid on or after 1 October 2024, over which the employer exercises control or significant influence, must be allocated fairly to workers, including eligible agency workers
• Payment in full (less deductions required by law such as tax and NIC) must be made no later than the end of the month following the month in which the tip was paid
• Employers need to have a written tipping policy and keep records
• An independent tronc operator can allocate tips. A tronc scheme is a special pay arrangement that allows businesses to use for example, an external accountancy firm or payroll business to fairly distribute staff tips, gratuities, and service charges.
• Workers cannot contract out of their rights and can bring Employment Tribunal claims for breach of the Act
• The Act applies in England, Wales and Scotland

The Act only applies to “qualifying tips” which are:

• All employer-received tips and
• Certain worker-received tips

Employer-received tips are paid by the customer, either received by the employer or an associated person. This includes tips made by credit or debit card and paid into the employer’s bank account before being distributed to workers or where the tip is received through a mobile app.

Worker-received tips, such as cash tips, are paid by the customer but not subsequently received by the employer or associated person. The Act only covers such tips if they are subject to employer control or if the employer has significant influence over the distribution of tips, such as when the employer directs that all tips are shared amongst workers or shared at the end of the shift.

The Act applies to workers and eligible agency workers. Consequently, tips must be distributed fairly to eligible agency workers, too, although this can be done by their agent (where the agent has received the tips from the employer).

How can employers ensure tips are allocated fairly and transparently?

The Code of Practice provides “overarching principles” regarding fairness. Employers must consider these when designing and implementing their tipping policies.

Interestingly, the Code states that a fair allocation and distribution of tips does not necessarily mean paying all workers the same proportion. However, employers should use fair and reasonable factors to determine their tipping practices, and the Code gives examples:

• Type of role/work, for example, distribution between front-of-house and backroom workers
• Basic pay (and how workers are engaged)
• Hours worked when tips are received
• Individual and/or team performance
• Seniority/level of responsibility
• Length of service
• Customer intention

Employers must avoid unlawful discrimination when selecting and applying the factors.

Independent tronc arrangements, where an external accountancy firm or payroll business manages the distribution of tips, are common in the hospitality sector. The principles of fairness and transparency still apply. If the independent tronc is acting unfairly or improperly, the employer must take action, such as instructing the independent tronc to change its operation, replacing the independent tronc, or terminating the arrangement.

Regarding transparency, employers must provide a written policy to all workers and eligible agency workers about how they deal with tips. It can be provided either in electronic form or as a physical copy. They do not need a written policy where worker-received tips are not qualifying tips. Even so, certain information must still be provided including that the employer is not required to have a written policy and the reasons why. Records must be kept for three years of all qualifying tips received and the amount allocated to each worker.

Workers can complain to the Employment Tribunal where the written policy and record-keeping obligations are not met and/or the employer has not fairly allocated and paid tips. The time limits for bringing the claim are three months and 12 months, respectively. In both cases, the Employment Tribunal can declare that the complaint is well-founded, order the employer to comply, and order compensation of up to £5000. Note that an eligible agency worker can bring the claim against the agent in addition to or instead of the employer.

Advice for employers

Before 1 October 2024, employers should review their tip allocation systems, record keeping, and written policy, especially the factors relevant to “fairness” in the Code. I recommend consulting with staff about the policy. Although there is no obligation to do this, if staff are in agreement with the policy, it will help the employer establish fairness.

The Code is not legally binding, but Employment Tribunals will consider it in disputes about tipping practices. Therefore, employers should familiarise themselves with the Code.

Finally, Unite recently launched its Fair Pay and Fair Tips campaign. This will focus on ensuring that hospitality workers understand their rights. Unite will “name and shame rogue employers who try to ignore or distort the new legislation”.

Read more:
New rules on tips: what do they mean for employers?

Within the King’s Speech on 17 July 2024, the new Labour Government set out its legislative agenda for the next few months. The reform of employment law was a pillar of Labour’s election campaign, and so it is no surprise it was referenced within the King’s speech:

“My Government is committed to making work pay and will legislate to introduce a new deal for working people to ban exploitative practices and enhance employment rights”.

Accompanying the announcements in the King’s Speech were Background Briefing Notes.

The Government is proposing the introduction of two new employment Bills:

• The Employment Rights Bill, which is intended to implement Labour’s New Deal for Working People
• The Draft Equality (Race and Disability) Bill

Employment Rights Bill

The Employment Rights Bill appears in the section Economic Stability and Growth of the Briefing Notes and includes commitments to the following:

• Banning “exploitative” zero-hour contracts;
• Ending “the scourges” of “Fire and Rehire” and “Fire and Replace”‘ by providing effective remedies and replacing the previous Government’s statutory code;
• Making parental leave, sick pay and protection from unfair dismissal available from day one on the job for all workers (although this will not impact upon employers’ ability to operate probationary periods to assess new hires);
• Strengthening Statutory Sick Pay by removing the lower earnings limit and the waiting period;
• Making flexible working the default from day one for all workers, with employers required to accommodate this as far as is reasonable;
• Strengthening the protection for new mothers by making it unlawful to dismiss a woman who has had a baby for six months after her return, except in specific circumstances;
• Establishing a new Single Enforcement Body to strengthen enforcement of workplace rights;
• Establishing a Fair Pay Agreement in the adult social care sector and assessing how this could benefit other sectors;
• Reinstating the School Support Staff Negotiating Body to establish national terms and conditions, career progression routes, and fair pay rates;
• Updating trade union legislation, removing unnecessary restrictions on trade union activity, including the previous Government’s approach to minimum service levels, and ensuring industrial relations are based around good faith negotiations and;
• Simplifying the process of statutory recognition and introducing a regulated route to ensure workers and union members have a reasonable right to access a union within workplaces.

The Briefing Notes state that there has been an increase in the number of people in less secure forms of work, including the number of zero-hours contracts rising to over 1 million over the last decade. The Bill will provide additional security and predictability for these workers. Further, they also state that extending protections to workers from day one will encourage more workers to switch jobs, which they state is associated with higher wages and productivity growth.

The Employment Rights Bill proposal also references the Government’s intention to deliver a “genuine living wage that accounts for the cost of living” and to remove “discriminatory age bands”.

Draft Equality (Race and Disability) Bill

This appears in the Break Down the Barriers to Opportunity section of the Briefing Notes.

The Draft Equality (Race and Disability) Bill intends to tackle inequality for ethnic minority and disabled people by:

• Enshrining in law the full right to equal pay for ethnic minorities and disabled people to make it easier for them to bring unequal pay claims and;
• Introducing mandatory ethnicity and disability pay reporting for larger employers (250+ employees). This will expose any pay gaps and enable companies to consider why such pay gaps exist and how to tackle them.

Comment

It is clear that the Government is motivated to implement employment reform quickly, intending that the Employment Rights Bill is introduced within the first 100 days of the new Parliament, so possibly around mid-October 2024.

The Equality (Race and Disability) Bill will likely take longer as it is still considered a draft Bill.

Even though it may be many months before we see either of these Bills signed into law (possibly with amendments) and even longer before any changes are implemented, one thing is certain: we can expect significant changes ahead.

The Government intends to “work in close partnership with trade unions and business” to deliver the  New Deal, and we will keep you updated.

Read more:
The King’s Speech – What is next for employment law?

According to the charity Autistica, only around 30% of working-age autistic people are in employment, and they face the largest pay gap of all disability groups.

CIPD research published in February 2024 found that one in five neurodivergent employees surveyed have experienced harassment or discrimination at work because of their neurodivergence.

Our article published in June 2023 considered the Buckland review and the barriers preventing autistic people from entering the workplace and remaining in employment. The Government published its response to the review on 28 February 2024, giving 19recommendations explored under five specific themes.

Recommendations

What initiatives can help raise awareness, reduce stigma, and capitalise on the productivity of autistic employees?

The review recommends highlighting the availability and sources of advice for employers and publicising the benefits of employing autistic people. It also recommends promoting the Autistica Neurodiversity Employers Index to help organisations measure themselves against best practice.

What more could be done to prepare autistic people effectively for beginning or returning to a career?

Recommendations include identifying and promoting cross-industry autism employment support groups, internships, and apprenticeships for autistic young people to gain work experience and skills. Working with autism charities to ensure autistic people know about the support that Access to Work can provide is also recommended.

How can employers adjust recruitment practices to meet the needs of autistic applicants?

The Equality Act 2010 provides that employers have a legal duty to make reasonable adjustments to the interview process for disabled applicants. However, many autistic people are unwilling to disclose their autism, especially those who have negative experiences from previous interviews.

The traditional model does not work well for autistic people who have far more negative experiences of interviews, group tasks and psychometric tests. Accordingly, recruitment practices should be modernised to include practical assignments completed before the interview. This will help autistic people to demonstrate their suitability for the role. Job descriptions should be shortened. They are often too long and off-putting for many autistic people.

How can employers support autistic people already in their workforce?

One of the biggest barriers to supporting autistic employees in the workplace is a lack of understanding of autism amongst employers.

The National Autistic Society found that 34% of employers thought an autistic person would be unlikely to fit into their team, and 28% said that autistic people would be unlikely to be a team player. As the review says:

“These are damaging stereotypes which can impact the ability of autistic people to find employment. It can make them less likely to disclose their diagnosis to either a prospective or current employer, and so not get access to crucial reasonable adjustments.”

The work environment is also important – hotdesking, bright lighting or high noise levels may contribute to sensory overload.

How can employers encourage and support autistic staff to develop and progress their careers?

The review identifies lack of confidence, poor self-advocacy and wrong assumptions about their career goals as some of the reasons why autistic employees could miss out on progression opportunities. In addition, there are few examples of autistic senior personnel who are prepared to be open about their condition. This lack of role models impacts autistic people’s confidence and aspirations.

The review recommends promoting employee resource support networks and using mentors to help autistic staff develop the skills they need to progress.

Interestingly, the review expressly states that the recommendations have been selected to be practically achievable in a short to medium timeframe. No new legislation is required, nor is large amounts of government funding. Rather, the intention is mainly to change employer behaviour. The aim is to significantly improve the autism employment rate over the next five years by reducing the barriers to recruiting, retaining and developing autistic employees.

Read more:
How can employers support autistic people in the workplace?

A significant amount of new employment legislation is coming into effect in April 2024, all of which will have implications for employers. Here are the key changes you need to know about.

Family-friendly rights

Flexible working

Currently, an employee needs 26 weeks’ service to make a flexible working request. For requests made on or after 6 April 2024, this will become a day-one right, and employees will be able to make two requests in a 12-month period rather than just one. Employers will need to consult with employees before rejecting a request and deal with requests more promptly because their time for responding will be reduced from three months to two.

Carer’s leave

Employees will have a new right to carer’s leave if they need to provide or arrange care for a dependant with a long-term care need. This will be a day-one right to one week’s unpaid leave a year. It will apply when the employee gives notice to take leave on or after 6 April 2024. They do not need to provide proof of why leave is required. Employees will not need to take the leave all at once, but they will need to take a minimum of half a day at a time.

Paternity leave

Employees will have more flexibility when taking paternity leave on or after 6 April 2024 and can split their two weeks’ leave into two separate blocks of one week. Currently, they have to take it all at once. Employees will be able to take the leave at any time during the first year following the birth or adoption instead of having to take it in the first eight weeks. The Government has reduced the notice required before each period of paternity leave to 28 days.

Extended redundancy protection

At present, an employee on maternity, adoption or shared parental leave, whose role is being made redundant, has priority over other employees in being offered any suitable, alternative role if one exists. This protection will extend to pregnant employees where the employer is notified of the pregnancy on or after 6 April 2024. The protected period is 18 months from the child’s date of birth. For maternity and adoption leave ending on or after 6 April 2024, there will be an “additional protected period” ending 18 months after the birth or adoption. The same provision will apply when shared parental leave of six consecutive weeks or more has been taken.

Statutory rates and limits

National Minimum Wage

From 1 April 2024, workers aged 21 and over will be entitled to the National Living Wage. Currently, it only applies to workers aged 23 and over. The new hourly rates will be:

– National Living Wage £11.44

– Aged 18-20 £8.60

– Aged 16-17 or Apprentice rate £6.40

Statutory sick pay

On 6 April 2024, the weekly rate will increase to £116.75.

Statutory maternity, adoption, paternity, shared parental and parental bereavement leave pay

From 7 April 2024, the weekly rate will increase to £184.03 or 90% of the employee’s average weekly earnings if this is less than the statutory rate.

Employment Tribunal limits

For dismissals effective from 6 April 2024, the new limit on a week’s pay – used for calculating the basic award and statutory redundancy pay – will be £700. The maximum compensatory award for unfair dismissal will be £115,115.

Changes to holiday entitlement and pay

• There will be a new accrual method to calculate statutory holiday entitlement for part-year and irregular-hours workers whose leave years begin on or after 1 April 2024. Holidays will accrue at a rate of 12.07% of hours worked at the end of each pay period.
• Employers will be permitted to pay rolled-up holiday pay to part-year and irregular-hours workers (if they choose to), and again, this applies to leave years beginning on or after 1 April 2024.

Employers should review their HR policies and procedures and Staff Handbooks to reflect these legislative changes. Those contemplating redundancies will need to understand the implications of the extended redundancy protection, and how to manage the scenario when more than one individual has “priority” to a suitable vacancy.

Read more:
A guide to the imminent changes to employment law

Many of us have heard about people resigning “in the heat of the moment”.

It’s the new year, and many employees are looking for a change. Social media encourages people to quit their jobs and concentrate on other income streams for better job satisfaction and work-life balance. Consequently, many employers may see an increase in “heat of the moment” resignations.

What if the employee changes their mind, but the employer has accepted the resignation and is happy for the employee to go?

This is a tricky situation for both parties and was recently considered by the Employment Appeal Tribunal in the case of Omar v Epping Forest District Citizens Advice.

In February 2020, following a dispute with his line manager, Mr Omar verbally resigned in the heat of the moment.

Later that same day, he met with the CEO and the line manager. The CEO asked whether they could continue working together. Mr Omar said that he could. In a subsequent meeting, however, the CEO told Mr Omar that his line manager stated that she could no longer work with him.

Accordingly, his resignation would stand. At that meeting, Mr Omar agreed to resign in writing. He did not do this but instead wrote to retract his resignation. This was refused, and Mr Omar’s employment terminated on 18 March 2020.

Mr Omar brought unfair and wrongful dismissal claims to the Employment Tribunal. He argued that he had not resigned and that a “special circumstance exception” prevented his employer from relying on his verbal resignation. This was because of the circumstances of his resignation, made in the heat of the moment. Mr Omar argued that because of this, his resignation was ineffective, and he had been dismissed.

The Employment Tribunal held that Mr Omar had resigned and dismissed his claims.

Mr Omar successfully appealed to the Employment Appeal Tribunal, which found that the Employment Tribunal had not taken the correct approach. A thorough analysis of the facts was necessary for the Employment Tribunal to conclude whether he resigned in the heat of the moment or a period of “emotional stress.”

The Employment Appeal Tribunal sent the case back to the Employment Tribunal to consider the principles from previous cases on resignations made in the heat of the moment. The Employment Tribunal was directed to apply these to Mr Omar’s case. Those principles include, for example:

• There is no such thing as the “special circumstances exception” to resignations given in the heat of the moment.
• Whether that notice was properly given must be considered objectively and include any information available to the parties at the given time.
• The pertinent question is what the reasonable bystander would understand the resigning employee’s words to mean. Did they amount to immediate resignation or giving notice rather than some intention to do so at a future date? Were those words seriously intended?
• The decision to resign did not need to be rational or sensible but had to be intended. This inevitably requires considering whether the employee was “in their right mind” when resigning.
• Once notice of dismissal or resignation is properly given, it cannot be unilaterally retracted.

The Employment Appeal Tribunal’s observations are helpful for employers who may have to manage similar resignations in the coming months. Employees who change their minds about their resignation will not necessarily make it ineffective. However, each case will need to be considered on its facts.

For employers, it is sensible to give the employee some time to “cool off” to reflect and decide whether they did indeed intend to resign.

Read more:
Should I stay or should I go?

With the festive season fast approaching, many employers have already finalised their plans for a staff party. Others may prefer a more spontaneous approach.

Either way, there are many legal issues for employers to consider. This is because work-related functions such as Christmas parties and similar events are effectively work activities covered by the same legislation that applies to the workplace.

Consequently, employers can be vicariously liable for their employees’ actions, such as

harassment, bullying and even personal injury. Of course, the individual engaging in inappropriate behaviour can be personally liable, too.

Harassment is defined in the Equality Act 2010 as unwanted conduct related to a relevant “protected characteristic” which has the purpose or effect of either:

• Violating an individual’s dignity or
• Creating an intimidating, hostile, degrading, humiliating or offensive environment for an individual

Protected characteristics include (but are not limited to) someone’s age, sexual orientation and race. Sexual harassment, which has been a high-profile issue throughout 2023, is unwanted conduct of a sexual nature. It is all too easy to see how offensive behaviour at an office party can constitute harassment.

Employers may have to manage grievances or disciplinary proceedings if the social event does not go to plan. In the worst-case scenario, they may be involved in Employment Tribunal proceedings.

So, what can employers do to ensure social events run smoothly?

• As office parties are an extension of work, remind everyone that the usual policies and procedures still apply. Bullying, harassment and disciplinary procedures could all be relevant.
• Consider whether you want a specific policy for work-related social events. This would provide clarity on acceptable standards of behaviour.
• Remind senior managers beforehand of the expected standards of behaviour and that they need to set an example.
• Depending on the location and guests, you may need a health and safety risk assessment of the venue.
• As well as vicarious liability, you have a duty of care to your employees, so discourage excessive alcohol consumption.
• If you provide free alcohol, limit this to either a couple of hours or to certain types of drinks.
• Make sure you provide plenty of non-alcoholic drinks for those who are driving or who do not drink for religious or other reasons.
• Remind everyone that it is illegal for employees under the age of 18 to consume alcohol and that disciplinary action could follow for the individual or anyone buying them alcohol.
• Make it clear that it is strictly forbidden for anyone to be under the influence of, or use or be in possession of illegal drugs.
• If the traditional evening party seems too risky, hold a lunchtime event to reduce the possibility of employees drinking too much alcohol and behaving inappropriately.

There is another option, of course, not to have a staff party at all. Bullying and harassment, inappropriate sexual comments, upsetting photographs on social media and drunken fights occur all too frequently at staff parties. For these reasons, many employers no longer organise any staff social events. However, if you choose not to have a party, you should consider how this may impact staff morale and engagement.

Read more:
How can employers avoid problems at staff parties?

With “National Stress Awareness Day” around the corner (2nd November), employee health and wellbeing should be at the top of organisations’ agendas. In the era of remote working and high employee turnover, mental wellbeing is not just seasonal but a year-round concern.

A 2023 report by the Chartered Institute of Personnel and Development (CIPD) and Simplyhealth on health and wellbeing at work found that mental ill health is the top cause of long-term absences, and 76% of organisations report some stress-related absence. Heavy workloads and management style were the most common reasons for stress.

Employers’ legal duties concerning employee wellbeing

Employers have a duty of care towards their employees, which means they must do all they reasonably can to support employees’ health, safety and wellbeing. Employers must treat mental and physical health as equally important.

Employers should be aware that an employee suffering from mental health issues could be defined as disabled under the Equality Act 2010. This will be the case if their mental health has a “substantial adverse effect” that lasts (or is expected to last) at least 12 months and which affects their ability to do their normal day-to-day activities. In legal terms, “substantial” means more than minor or trivial, which could mean the employee is hindered in activities like concentrating, interacting with others, or making decisions.

If an employee is disabled, employers will have a duty not to discriminate against them because of their disability and will also be obliged to make reasonable adjustments if necessary. Examples of reasonable adjustments might include flexible working hours, re-allocation of duties or providing special equipment.

Even if an employee is suffering from mental health issues that may not be a disability under the Equality Act 2010, it is a good idea to work with the employee to make adjustments. Often, making simple changes, for example, working with them each day to help them prioritise their workload, can be enough.

Support organisations can offer

A happy, healthy workforce is undoubtedly more productive than a stressed-out one.

Organisations should proactively prioritise mental wellbeing and support for employees to comply with legal duties while improving staff morale and productivity.

Some examples of steps organisations can take are:

• Find out what employees want and need. You can collect this information via employee surveys and polls or open forums and conversations. Questions in the survey could range from “Do you feel supported by your immediate supervisor?” to “What resources do you wish were available?”.
• Signpost the resources available. This could be with posters in the office, via the intranet or internal emails, and ensuring that the induction process covers wellbeing initiatives.
• Ensure any Employee Assistance Programme details are readily available and confirm the nature of that assistance. For example, this might be support or counselling because of financial worries. With the festive season approaching and the ongoing cost of living crisis, many employees’ mental health may be affected by financial concerns.
• Have trained mental health first aiders. Their purpose is to ensure staff know who to go to if they need or want to talk, to signpost people to resources and to be the first port of call for someone who doesn’t know where to start if they are feeling overwhelmed.
• Develop clear policies – such as a Stress at Work or Employee Wellbeing policy – and publicise these. Make sure they are easily accessible and provide training on them.
• Look out for signs of poor mental health at work, such as increased sickness absence, being late to work or poor working relationships with colleagues. These signs can be more challenging to spot when employees are working from home, so it is important to encourage frequent conversations between employees and their managers. With remote working becoming more prevalent, offering virtual mental health resources or online community spaces can be beneficial.
• Finally, organisations should also think about how they can measure the effectiveness of their policies and initiatives. KPIs could include reduced absenteeism, higher employee engagement scores, or positive feedback on internal surveys. If the level of take-up of services offered is low, consider how to improve this.

By following these tips, businesses can prioritise mental wellbeing and help foster a more productive and harmonious work environment.

Read more:
How can employers support employees’ mental wellbeing?

In an ever-evolving business landscape, the welfare of employees continues to be at the forefront of responsible leadership.

A recent survey by Pregnant Then Screwed, encompassing the experiences of over 24,000 parents, has revealed the extent of  pregnancy and maternity discrimination. The implications for business owners are clear, and understanding the full scope of legal obligations and potential risks is paramount.

The findings included:

• 52% of mothers faced some form of discrimination when pregnant, on maternity leave or when returning to work.
• 20% of mothers left their job following a negative or discriminatory experience.
• 64% of pregnant women received hurtful comments about their appearance.
• 10% of women were bullied or harassed when pregnant or returning to work.
• 7% of women lost their jobs for various reasons.

The Business Risk

The figures above translate to significant business risk exposure. The UK has stringent protections for pregnant women and new mothers, but ignorance or neglect of the legislation can lead to costly Employment Tribunal claims, reputational damage that can affect your brand’s integrity and the loss of valuable talents and skills.

What You Need to Know – Key Rights and Protections

• The right to time off for ante-natal appointments.
• Up to 52 weeks’ statutory maternity leave regardless of length of service.
• The right to return to the same or comparable job.
• Depending on length of service and salary, the right to statutory maternity pay or maternity allowance.
• Extensive health and safety protection while pregnant or breastfeeding.
• Redundancy protection where there is priority for suitable, alternative employment for an employee who is on maternity, adoption, or shared parental leave over other individuals at risk of redundancy where a vacancy exists.
• Crucially, the Equality Act 2010 prohibits discrimination, harassment and victimisation in relation to nine “protected characteristics” one of which is pregnancy and maternity. The Act also protects job applicants and recruitment needs to avoid discrimination and conscious or unconscious bias. So, don’t ask about a woman’s plans to have children or about her childcare arrangements or decide not to appoint someone because they are pregnant. No length of service is needed for a discrimination claim and compensation is unlimited. There is also a separate award for injury to feelings.
• The Employment Rights Act 1996 protects women from detriment relating to pregnancy, childbirth or maternity and any dismissal for a reason connected with these is automatically unfair. No qualifying period of service is needed unlike an “ordinary” unfair dismissal claim where two years’ service is required.

Employers need to be aware that new rights will be introduced in due course.

• The Employment Relations (Flexible Working) Act 2023 is expected to be implemented in summer 2024. Employees will be able to make two requests in each 12-month period rather than one. Employers will have to consult with employees before rejecting a request and will need to deal with it in two months rather than three. Not included in the Act, but expected to be introduced at the same time, is making the right to request flexible working a day one right (26 weeks’ continuous employment is needed currently).
• The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 will extend the current redundancy protection so that a mother returning from a year of maternity leave can receive six months’ additional redundancy protection. There is currently no date for this change.

Transforming Challenges into Opportunities

While these new findings are disconcerting, they also present an opportunity for forward-thinking leaders. Many employers want to support pregnant employees or those on – or returning from – maternity leave because they value and want to retain their talent and skills. This is increasingly important at a time of a skills shortage and a competitive job market. This proactive approach is not just ethical; it’s strategic and sends a powerful message about your organisation’s values and commitment to employee wellbeing.

Read more:
New Report Sheds Light on Pregnancy and Maternity Discrimination

A startling statistic recently surfaced from the Office for National Statistics – despite 77% of unemployed autistic people being eager to work, only 29% are currently employed.

Hopefully, this figure will improve following the Government’s recently launched Buckland review, an initiative to improve employment prospects for autistic individuals.

You might wonder, ‘Why should this matter to me as a business owner?’. It matters because you could be missing out on a wealth of untapped talent.

Top-tier employers like EY, JP Morgan Chase, SAP, and Autotrader have long recognised and reaped the benefits that neurodiverse employees bring to their teams. For instance, an internal analysis by JP Morgan Chase highlighted their autistic employees’ output was equal in quality but 48% more productive than their neurotypical counterparts.

Understanding the Buckland Review

Sir Robert Buckland is leading the review with support from the Department for Work and Pensions and Autistica, a renowned charity. His recommendations are expected in September 2023, and the review will examine the following:

• Ways to identify and support current autistic employees;
• Techniques to prepare autistic individuals to join or return to work;
• How to adapt work practices and initiatives to reduce stigma and boost the productivity of autistic employees.

What does this mean for you, the employer?

You are not just an observer in this process. The review encourages employers to re-evaluate their workplaces, identify potential barriers, and innovate their ways of working. The potential benefits are enormous:

• Autistic individuals get a supportive platform to flourish and reach their potential;
• Employers gain a competitive edge by benefitting from autistic individuals’ strengths and perspectives;
• Collectively, we boost the economy.

Navigating Autism and the Law

Autism is a spectrum condition affecting each individual differently. The condition is lifelong, and if it “has a substantial and long-term adverse effect” on an individual’s “ability to carry out normal day-to-day activities”, it will amount to a disability under the Equality Act 2010. Accordingly, employers must make reasonable adjustments where they know (or could reasonably be expected to know) that the individual has a disability and is likely to be placed at a substantial disadvantage compared to others who do not have a disability.

Empowering Autistic Employees: A Practical Approach

The path to inclusivity begins at the recruitment stage. Here are some simple steps you could take:

• Write clear, simple job descriptions with the necessary skills specified and consider using images;
• Engage with candidates pre-interview, offering necessary adjustments;
• Consider alternative interview formats like practical tasks or work trials;
• Be flexible with interview environments – offer online interviews, and provide quiet spaces;
• Ask questions sequentially during interviews to prevent information overload.

Support doesn’t stop at recruitment. During employment, engaging in regular dialogue with autistic employees and providing necessary training to neurotypical colleagues can foster a healthy and inclusive work environment.

For example, while hot-desking is a modern trend, it might unsettle an autistic individual. So be prepared to offer alternatives like allocated desks and consider developing a neurodiversity policy.

We eagerly await the results of the Buckland review, but in the meantime, these are tangible steps you can implement to support neurodiverse employees and boost your business.

Seek Support: We’re in This Together

To ease your journey, numerous support networks are available to help employers, such as the National Autistic Society and Autistica. They offer invaluable guidance on best working practices and can advise on becoming a more inclusive employer.

Remember, by embracing neurodiversity, you’re not just creating employment opportunities but opening your business to untapped potential and creativity.

Read more:
Unleashing Potential: Improving the employment prospects of autistic people

More and more employers are taking action to support staff going through menopause.

This is partly due to high-profile campaigns from trade unions and celebrities; it’s also because menopause affects such a significant section of the workforce that it’s become impossible to ignore.

In fact, around 13 million people are currently peri or menopausal in the UK, equivalent to a third of the entire UK female population. But it is important not to fall into the trap of thinking that menopause only affects older female staff.

This issue affects a wide range of the workforce in terms of age because someone may experience premature menopause, medically induced (temporary) menopause or surgical menopause. In addition, the issue also affects transgender, non-binary and inter-sex staff.

Many employees sadly maintain silence around their experiences of menopause. This is partly due to a fear of ageism and losing their jobs or status if they admit to some common consequences of menopause, including brain fog and hot flushes.

Cost of Menopause to business and the economy

Women over 50 are the fastest-growing group in the workforce, and many are highly skilled and at the peak of their careers.

Research by the CIPD in 2021 found that six in ten working women experiencing menopause said it negatively impacted them at work. In addition, one in ten women leaves their job because of menopausal symptoms, while one in five women do not seek the promotion they deserve because of a loss of confidence linked to their menopause transition. Consequently, there are potential knock-on effects on the gender pay gap, the pension gap and the number of women in senior leadership positions.

The legal position

Menopause is not a “protected characteristic” in the Equality Act 2010. Earlier this year, the Government confirmed it would not be making any changes to the Act, and menopause would not become a new “protected characteristic”, which was disappointing for those who had campaigned for that change. The Government believes that the existing protected characteristics of sex, age and disability already protect against discrimination and harassment due to menopause.

What are my legal duties as an employer?

Employers have a legal duty to prevent workplace discrimination and harassment. Employers also have a duty to protect their employees’ health, safety and welfare and assess workplace risks. If the individual has a disability, the obligation to make reasonable adjustments may arise.

How can I best support staff going through menopause?

Many responsible employers are already taking steps to break the taboo and support staff going through menopause by encouraging open conversations, covering menopause during the induction processes and appointing workplace menopause champions. Others have implemented a menopause policy and held regular training sessions to educate staff. Employers can also look at adjusting sickness policies to address menopause-related absences.

For example, policies with “trigger points” (when several short-term absences trigger a performance review or disciplinary action) have a particular impact on menopausal employees.

Other proactive approaches can include setting up informal support networks such as menopause cafes and signposting to further support for those experiencing debilitating symptoms.

Some employers already provide access to menopause clinics and app-based services. Other measures may include more flexible working, such as changing shift patterns and altering start times.

Employers can also improve the working environment for people experiencing menopause. Such measures can include providing access to fans and good ventilation to help combat hot flushes, the ability to control workplace temperature and making adjustments to staff uniforms which may cause discomfort.

Extensive guidance is available for employers from organisations including ACAS, CIPD, Over the Bloody Moon, Menopause Support and Menopause Matters UK.

There are many benefits for employers in taking a more proactive approach towards menopause. By fostering safer and fairer workplaces for people working through menopause, employers are more likely to retain the talents of experienced and skilled workers while boosting morale and well-being in their team.

Read more:
How employers can support staff going through menopause