It has been a busy time in employment law, with the publication of the Employment Rights Bill on 10 October and the new requirement for employers to take reasonable steps to prevent sexual harassment coming into force on 26 October. Here are a few things which you may have missed.
Helpful guidance on preventing harassment in the workplace - On 26 September, the Equality and Human Rights Commission (EHRC) issued a new eight-step guide for employers on preventing sexual harassment at work: https://www.equalityhumanrights.com/employer-8-step-guide-preventing-sexual-harassment-work The eight steps are not an exhaustive list but are a helpful starting point.
Labour factsheets about the Employment Rights Bill - the government has published ten factsheets about different aspects of the Employment Rights Bill, including fire and rehire, unfair dismissal, zero hour contracts, bereavement, paternity and unpaid parental leave and statutory sickpay. The fact sheets are, generally, short and clear and worth a read to help you understand the proposed changes in more detail.
Modern slavery in the spotlight - On 30 September, McDonald's and major supermarkets were in the headlines for failing to detect modern slavery. A BBC investigation identified a gang which had forced 16 victims to work at McDonald’s or the factory which supplied Asda, Co-op, M&S, Sainsbury’s, Tesco and Waitrose. Well-established signs of slavery, including paying the wages of four men into one bank account, were missed for over four years. The companies involved have promised to improve their slavery detection systems. A reminder to revisit this area within your business.
New law on tips in hospitality - On 1 October, the new law on tips came into effect. Employers must now ensure that all qualifying tips (i.e. “tips, gratuities and service charges” over which an employer exercises control or significant influence) are allocated fairly to workers, including eligible agency workers, and must pay these by the end of the month following the month in which the customer paid the tip. A record of tips given must also be kept for 3 years.
Higgs v Farmor’s School - In recent years, there have been a number of highly publicised cases, including this one, which highlight how difficult it is for employers to navigate the potential conflict between key human rights (such as freedom of belief and expression) and protected beliefs under the Equality Act against the rights of others who may find these offensive! Mrs Higgs was dismissed after the school received complaints regarding her Facebook posts which they considered homophobic and transphobic. Her claim for discrimination due her protected beliefs failed at the Employment Tribunal but made its way up to the Court of Appeal. We are awaiting their judgment and hope this will give some much-needed clarity for employers on how to handle these sensitive situations. We will keep you posted!
Employment Tribunal changes - a couple of key changes are coming up in Employment Tribunal practice. From 29 October, a judge will decide, on a case-by-case basis, whether a final hearing should take place in front of a Tribunal panel or a judge sitting alone. (Currently, more complex cases, such as discrimination, take place before a panel of a judge and two “wing members”, and more straightforward cases, such as unfair dismissal, take place before a judge sitting alone.) As the unavailability of panel members can delay final hearings taking place, we are hopeful that this change might get things moving more quickly. We are also expecting a Practice Direction which will (in most cases) make it compulsory to submit a Tribunal response via the MyHMCTS portal and will prevent a response being submitted via email. One to be aware of if you have the misfortune of receiving a Tribunal claim against your business!
