by Emma | Jul 17, 2023 | Newsletter
I bumped into someone the other day who told me that they had been offered a new job. They were very surprised that they had been successful, because they were 61 and they thought their age was against them.
The UK continues to find it difficult to recruit skilled individuals to fill ever growing vacancies. More and more businesses have changed their attitudes to hiring over 50’s because they have had to!
We have heard of “The great un-retirement” and the government calling those over 50 who had retired back into the workplace. Embracing employees over the age of 50 demonstrates a commitment to diversity and ensures that the business benefits from a range of perspectives and experiences. People in later life are increasingly looking to stay in work and it is important that more businesses look for ways to support them.
Here are a few reasons that businesses should look at ensuring their recruitment processes is age-inclusive:-
- Older employees are often known for their strong work ethic and reliability and contrary to common stereotypes, older employees are often adaptable and flexible. They have witnessed significant changes in the workforce throughout their careers and have adapted to new technologies and methodologies. Their ability to embrace change can contribute to organisational growth and innovation.
- Often older individuals have reached a stage in their lives where they may not be burdened with familial or personal commitments, enabling them to fully dedicate themselves to their work. This can result in increased productivity and employee satisfaction.
- Older employees tend to have lower turnover rates compared to younger employees. They are often more committed to their careers and less likely to jump between jobs. Hiring older employees can contribute to a stable workforce and reduce recruitment and onboarding expenses.
- Older employees can serve as mentors and leaders within the organization. Their extensive experience allows them to guide and support younger employees, sharing their wisdom and knowledge.With age comes a wealth of problem-solving abilities. Older employees have faced various challenges throughout their careers and have developed effective strategies to overcome them.
- Older employees often possess excellent interpersonal skills, honed over years of working with diverse customers and clients. They can effectively build and maintain relationships, which is crucial for business success.
National Statistics found that flexible working hours, good pay and being able to work from home were the most important factors that 50-65 year olds look at when considering a return to work.
Older people are realising that they’ve got the energy, motivation and passion to work, but they want to do it in a way that suits their lifestyle. If businesses are able to adapt their attraction and retention strategies to suit the needs of this older generation then more businesses may be able to benefit from their skills and experience.
Don’t forget that there are adult apprentices on offer, take a look at the below link for further information:
by Emma | Jun 15, 2023 | Newsletter
In a recent case the claimant said “I’m done” and walked out of the building. She later submitted a sick note. Her employer treated her statement as a resignation. She brought a claim of unfair dismissal.
The tribunal held that she had not resigned and found in her favour. They looked at the context in which Mrs Cope had said “I’m done” (a tense meeting), her anxious state and the fact that her actions after saying these words (in submitting a sick note) were not consistent with having resigned.
Be careful when believing an employee has resigned because it could well be regarded as being ‘in the heat of the moment’
If you have concerns that the employee’s possible resignation was made in a temper or in the heat of the moment, then the law says you should give the employee a cooling-off period in which to consider their decision before accepting it. This need only be a few days maximum.
If the resignation is clear and unambiguous and has not been prompted by an emotive or highly-charged situation then you are able to accept it immediately. Once you have accepted it the resignation will stand unless you agree to its retraction.
For further information, please give me a call.
by Emma | Jun 5, 2023 | Newsletter
This new act, will allow for the extension of existing redundancy protections while on maternity, adoption or shared parental leave to also cover pregnancy and a period of time after a new parent has returned to work.
By extending protection after a protected period of pregnancy, a woman who has miscarried before informing her employer of her pregnancy will also benefit from the redundancy protection.
Watch this space for implementation dates and further information.
by Emma | Jun 5, 2023 | Newsletter
This new piece of legislation will be implemented in due course- watch this space for a date.
What does this mean?
This will allow eligible employed parents whose new-born baby is admitted to neonatal care to take up to 12 weeks of paid leave in addition to entitlements such as maternity and paternity leave.
The entitlement will be available to parents whose babies are born prematurely or who are sick and require specialist care after birth.
Neonatal care leave will apply from the first day of employment to parents of babies who are admitted into hospital up to the age of 28 days and who have a continuous stay in hospital of 7 full days or more. Parents will have a right to neonatal care leave of at least one week and up to a maximum of 12 weeks regardless of length of service and those with at least 26 weeks’ continuous service will have a right to receive neonatal care pay at a prescribed statutory rate. Parents taking neonatal care leave will have the same employment protections as those associated with other forms of family related leave, including protection from dismissal or detriment as a result of having taken leave.
You will need to update your family friendly policies to reflect this new act when it is implemented. Contact me for any queries.
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.
