by Emma | Jun 5, 2023 | Newsletter
The Carer’s Leave Act 2023
The Act will introduce a new and flexible entitlement of one week’s unpaid leave per year for employees who are providing or arranging care and will be available to eligible employees from the first day of their employment. They will be able to take the leave flexibly to suit their caring responsibilities and will not need to provide evidence of how the leave is used or who it will be used for. Employees will also be protected from dismissal or any detriment as a result of having taken time off.
The new entitlement to statutory carer’s leave will rely on the carer’s relationship with the person being cared for, which should broadly follow the definition of dependant used in the legislation concerning right to time off for dependants – a spouse, civil partner, child, parent, a person who lives in the same household as the employee (other than by reason of them being their employee, tenant, lodger, or boarder) or a person who reasonably relies on the employee for care. It will also depend on the person being cared for having a long-term care need. This will be defined as a long-term illness or injury (physical or mental), a disability as defined under the Equality Act 2010, or issues related to old age. There will be limited exemptions from the requirement for long-term care, for example in the case of terminal illness.
Those taking carer’s leave will be protected from detriment, and dismissals for reasons connected with exercising the right to carer’s leave will be automatically unfair.
The legislation has no date of implementation as yet, so watch this space!
by Emma | Jun 5, 2023 | Newsletter
The definition of disability in the Equality Act 2010 states that the physical or mental impairment suffered by the individual must have a substantial and long-term adverse effect on the individual’s ability to carry out normal day-to-day activities. An effect will be long-term if, at the time of the discriminatory act, it has lasted at least 12 months, or is likely to last that long. This question will sometimes be difficult to determine, and medical evidence will usually be necessary. Where anxiety centres on workplace issues it should not automatically be assumed that when employment terminates the anxiety will fall away
In this case a claimant suffered from anxiety which had a substantial adverse effect on her ability to carry out normal day-to-day activities. Her anxiety only started when she experienced a loss of confidence and felt overwhelmed at work, she had experienced anxiety for only three and a half months. The tribunal concluded that, following the termination of her employment, her anxiety was unlikely to persist given that it centred on workplace issues and so she was not disabled.
However, the EAT held that the tribunal had incorrectly placed material weight on the fact the workplace was causing her anxiety and that it was unlikely to persist after termination of her employment. The tribunal should have focused on whether the effect of her anxiety could well have continued for another eight and a half months, notwithstanding the termination of her employment and lack of medical evidence.
For any disability or disciplinary issues, please contact me.
by Emma | Jun 2, 2023 | Newsletter
The Allocation of Tips) Act 2023 is expected to be brought into force in May 2024; the date will be confirmed later in the year.
Under the Act employers will be required to fairly allocate tips over which they exercise control or significant influence, and pay them to workers in full within a month of the payment made by the customer. Where tips are paid on more than an occasional and exceptional basis, the employer will also be required to have a written policy, available to all workers, that sets out how qualifying tips are dealt with.
There will also be a duty on employers to maintain a record of qualifying tips and their allocation which will have to be kept for three years. Workers will be allowed to complain to an employment tribunal within 12 months of a failure to comply with the new obligations, and the Act gives equivalent rights to agency workers.
For assistance with policies and any advice on tips, please contact us now.
by Emma | Jun 2, 2023 | Newsletter
The sunset clause in the Retained EU Law (Revocation and Reform) Bill (the Bill), which would have meant that almost all EU-derived law would have been automatically revoked by 31 December, has now been abandoned by the government.
The government have set out proposals which will apparently cut red tape for companies instead, here’s what they are:-
- removing the reporting requirements on working hours, permitting rolled-up holiday pay practices and merging the two current streams of leave entitlements (i.e. the 4 weeks’ leave entitlement deriving from EU law and additional 1.6 weeks’ leave entitlement in the UK) into one “pot” of statutory annual leave;
- removing the requirement to consult with employee representatives under TUPE for businesses with fewer than 50 people, enabling employers to consult directly with the affected employees; and
- legislating to limit the length of non-compete clauses to 3 months, the rationale being that this will provide employees with more flexibility to join a competitor or start up a rival business after they have left a position.
Watch this space!
by Emma | May 24, 2023 | Newsletter
What is Employer-supported volunteering (ESV)?
ESV is where an organisation’s employees take paid time off to volunteer during work hours. They can choose to use this time to support a charity or community group of their own choice, or to take up an opportunity provided by their company. You decide on how your business would like to manage ESV and implement a policy to suit.
Why would your business benefit from ESV?
Employee volunteering demonstrates the company’s commitment to social responsibility and community engagement. It enhances the company’s reputation and brand image, showing that it is a responsible business which goes beyond profit-making to make a positive impact on society. You can build ESV into your Corporate Social Responsibility (CSR) Policy.
Volunteering opportunities can boost employee engagement and morale. When employees are given the chance to contribute to causes they care about, they feel a sense of purpose, pride, and fulfillment. Engaged employees are more committed, motivated, and productive in their work.
Volunteering activities provide opportunities for employees to collaborate outside of their usual work roles. Working together towards a common goal fosters teamwork, strengthens relationships, and improves communication and collaboration skills among employees.
Employee will have the opportunity to gain new skills, developing leadership, project management, problem-solving, and communication skills through their participation in volunteer activities. These enhanced skills can be applied to their work responsibilities, benefiting the company.
Companies that prioritise CSR and offer employee volunteering programs are attractive to prospective employees. Younger generations, such as Millennials and Gen Z, value companies that are socially responsible and have a positive impact. A robust volunteering program can also help retain existing talent by providing meaningful engagement opportunities.
Volunteering has been linked to improved mental health and overall well-being. When employees have opportunities to give back and make a difference, it can boost their happiness, job satisfaction, and work-life balance. A workforce that is mentally and emotionally well is more likely to be productive and engaged.
If you would like assistance writing a CSR or ESV policy or implementing a CSR programme, please contact us now.Does
