Thank you for joining me for this month’s newsletter. For those who don’t know me, my name is Kyle, and I’ll be sharing an overview of the upcoming proposed changes in employment law along with other related news. We’ll keep things broad this month to avoid every paragraph ending with an asterisk disclaimer; changes from Parliament, legal drafting, or government adjustments may still affect details. We’ll also highlight a recent change and end with a lighter story from the news. If you missed last week’s Case of the Week, you can catch up on that and more here. Now, let’s get into it.
Employment Rights Bill
The government’s proposed amendments to employment law include several significant points. While details are subject to change, here’s a summary of the proposed changes and their potential impacts:
Zero-Hours Contracts: The bill seeks to ban zero-hours contracts and establish a right for workers to receive reasonable notice of their shifts. It also mandates that workers be offered a contract with guaranteed hours.
Statutory Sick Pay: The waiting period for claiming statutory sick pay would be removed, and the lower earnings limit eliminated, expanding access to more employees.
Protection Against Dismissal: Workers would have the right to claim unfair dismissal from their first day of employment.
Ending Fire and Rehire Practices: The bill aims to eliminate “fire and rehire” practices, which the government has criticized.
For a more detailed discussion on these proposals, keep an eye out for our upcoming seminar. We’ve delayed it to ensure we can present the most comprehensive and accurate overview. To register your early interest, please email our practice manager at Emma@pjhlaw.co.uk.
Duty to Prevent Sexual Harassment
You may know that changes to sexual harassment laws came into force on 26 October. For everyone else, here’s what’s new: amendments to the Equality Act 2010 now require employers to take reasonable steps to prevent sexual harassment. The EHRC has issued guidance to help employers understand these changes and ensure compliance, which can be found here. Further 8 step guidance has also been published, which can be found here. With only 5% of UK companies ready to meet these requirements, now is the time to review your policies and practices.
While the definition of sexual harassment remains unchanged, employers are now required to implement preventative measures, such as training, policies, and support systems to protect employees. New provisions for enforcement include potential increases in compensation for claimants where employers fail to take reasonable steps to prevent harassment.
For more information on compliance and training, please visit yogahr.co.uk.
Case Spotlight: Emotional Support Dog Request
Justice. The claimant, a County Court Bailiff, was diagnosed with cancer, making her eligible for disability protections under the Equality Act. She requested to bring an emotional support dog to work to help with her mental health. However, after a colleague reported seeing the dog in her vehicle, she was informed that the dog wasn’t a guide dog and therefore wasn’t allowed to accompany her.
After grievances and appeal meetings, the claimant resigned and filed claims for harassment and failure to make reasonable adjustments. The Tribunal reviewed the claim and found that the adjustments requested did not place her at a substantial disadvantage, as required under the Act.
This case highlights the importance of a causal link between a claimant’s disability and the requested adjustment. A diagnosis of cancer, for example, would not impose the same obligations as a disability like blindness. This distinction is essential for potential claimants to consider.
If you or someone you know is dealing with similar issues at work, please reach out to a member of our team for support.
Lighter Side of the News
In a light-hearted case, an Employment Tribunal ruled on a claim involving an employee who argued she was discriminated against for not receiving a leaving card. In Conaghan v IAG GBS Ltd (British Airways), the claimant alleged that her employer failed to acknowledge her with a leaving card when she left the company in 2021.
The case took an amusing turn when the Tribunal heard from her colleague responsible for collecting signatures. He stopped after only three people signed, thinking it would be more insulting to give her a card with so few signatures than to skip it entirely. A gift was arranged instead, but no card was provided due to his embarrassment over the situation. One can only imagine the discomfort of learning under oath that you were so disliked that people refused to sign your farewell card!
Additional claims for harassment, unfair dismissal, and victimization were filed but ultimately failed. Among the remarks captured in the judgment was a colleague’s comment, “Are you taking the piss, Karen?”—one can only wonder.
Feedback of the Week
Liam received some great feedback this week.
G N said:
“I was very happy with PJH law during in my claim against my former employer. I was dealt with promptly and professionally at all times and received good advice. Consequently I got a satisfactory outcome. I would happily recommend PJHlaw to any of my friends.”
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