Government to Repeal Strikes (Minimum Service Levels) Act

The UK Government has announced its plans to repeal the Strikes (Minimum Service Levels) Act 2023. This controversial law, which set minimum staffing levels during strikes in key public services, has been criticised for restricting workers’ rights and failing to resolve industrial disputes.

The government argues that the Act has not been effective in preventing strikes or ensuring the delivery of essential services. Instead, it has created tension and undermined good industrial relations.

The repeal of the Act will be achieved through the Employment Rights Bill, which is expected to be introduced to Parliament within the next three months.

Business Secretary Jonathan Reynolds emphasised that the government aims to reset industrial relations by focusing on negotiation and bargaining. He stated, “By removing minimum service levels, we will reset industrial relations, so they are based on good faith negotiation and bargaining, ending the chaos and restoring trust in public services.”

The government has also written to metro mayors across the country to encourage local employers to engage in constructive dialogue with employees and their representatives.

Lessons for UK Employers

This decision by the government provides a valuable opportunity for UK employers to re-evaluate their approach to industrial relations. Key takeaways for employers include:

• Prioritise negotiation: Employers should focus on open and honest dialogue with employees and their representatives to resolve disputes.
• Avoid confrontational tactics: Using tactics like minimum service levels can escalate tensions and damage relationships.
• Respect workers’ rights: Employers should ensure that they are complying with all relevant employment laws and respecting workers’ rights.
• Build trust: Fostering a positive and collaborative workplace culture is essential for maintaining good industrial relations.

For employers requiring further guidance or assistance with HR, Health & Safety, Employment Law or eLearning, Supportis are here to help. Contact us today for a free consultation at [email protected] or on 0161 603 2156.

Breaking wind at younger colleague ruled as age discrimination

A manager at Birmingham City Council has been found guilty of age discrimination after breaking wind on a younger colleague and making threats of violence. Lee Marsh, in his late fifties, was said to have found it “amusing” to break wind on a younger colleague, employed as a caretaker, eating his lunch.

An employment tribunal heard that after the incident, Marsh told the younger worker, who was in his mid-30s, “I can get rid of you like I have the others in the past.” The younger worker eventually went on sick leave before resigning in October 2022, after being summoned to a disciplinary hearing, which he could not attend due to ill health.

The judge at a tribunal in Birmingham ruled that the incident legally qualified as age discrimination because the older manager harboured animosity towards his “ambitious” colleague. However, the younger man will not be awarded damages on that issue because the claim was brought too late.

In its report, the tribunal said that Marsh had also made other age-discriminatory comments and threats towards the younger man, including telling him “not to mess with him because he snaps, and he hits very hard.”

What can employers learn from this case?

This case highlights the importance of creating a respectful and inclusive workplace environment. Employers should:

• Take bullying and harassment seriously: Any form of bullying or harassment, including age discrimination, should be investigated promptly and addressed with appropriate disciplinary action.
• Promote a culture of respect: Foster a workplace culture that values diversity and respects all employees, regardless of their age.
• Provide training: Train employees on workplace harassment policies and procedures, and ensure that all employees are aware of their rights and responsibilities.

By taking these steps, employers can help to prevent discrimination and create a positive work environment for all employees.

For employers requiring further guidance or assistance with HR, Health & Safety, Employment Law or eLearning, Supportis are here to help. Contact us today for a free consultation at [email protected] or on 0161 603 2156.

New Guidance Protects Employees from Unfair Contract Changes

The Department for Business and Trade (DBT) has released a new Code on good practice for employers in England, Scotland, and Wales. This code, available on GOV.UK, outlines employers’ responsibilities when considering changes to employee contracts.

The key goal of the Code is to ensure fair treatment of employees and minimise disputes. It emphasises avoiding dismissal and re-engagement (fire and re-hire) as tactics, encouraging employers to explore alternative solutions first.

The Code encourages employers to:

• Seek alternatives to dismissal: Employers should prioritise finding solutions that don’t involve dismissal, where possible.
• Engage in meaningful consultation: Employers should have open discussions with employees or their representatives to reach mutually agreeable solutions.
• Avoid premature threats: The Code discourages employers from raising the possibility of dismissal too early or threatening it without genuine cause.

The DBT highlights the potential downsides of fire and re-hire practices, including:

• Legal risks: Employees may challenge the practice in an employment tribunal.
• Reputational damage: This tactic can hurt the employer’s image.
• Employee harm: Firing and re-hiring can negatively impact employees’ morale and wellbeing.
• Strained relationships: This practice can damage trust and lead to conflict within the company.

By following this new Code, employers can ensure they are acting fairly and legally while protecting their relationships with their employees.

For employers requiring further guidance or assistance with HR, Health & Safety, Employment Law or eLearning, Supportis are here to help. Contact us today for a free consultation at [email protected] or on 0161 603 2156.

Woman Loses Unfair Dismissal Claim After Four Years of Sick Leave

A woman who was dismissed after being off sick for more than four years has lost her claim for unfair dismissal. Ms Henderson, who suffered from fibromyalgia, took her employer, Maximus UK Services, to the employment tribunal on the grounds of disability discrimination.

Henderson was signed off sick in October 2018 and was unable to return to work due to her condition, which caused extreme tiredness and pain. Despite her employer’s efforts to support her, Henderson remained unable to predict when she would be able to return.

In February 2023, Maximus UK Services terminated Henderson’s employment contract due to her long-term absence. The employment tribunal ruled that the dismissal was fair, finding that Henderson’s absence for over four years without any prospect of return justified the decision.

What can I learn from this case as an employer?

This case highlights the challenges faced by employers when dealing with employees on long-term sick leave. While employers have a duty to accommodate employees with disabilities, there may be limits to this obligation, especially when an employee’s absence is prolonged and there is no clear path to return to work.

Employers should:

• Communicate regularly with employees: Maintain open communication with employees on sick leave to understand their situation and provide support.
• Explore alternative arrangements: Consider alternative arrangements, such as temporary reassignments or reduced hours, to help employees return to work gradually.
• Seek professional advice: Consult with HR professionals or occupational health experts to assess the employee’s situation and determine appropriate steps.

While employers should strive to accommodate employees with disabilities, they must also balance their obligations with the needs of their business and other employees.

For employers requiring further guidance or assistance with HR, Health & Safety, Employment Law or eLearning, Supportis are here to help. Contact us today for a free consultation at [email protected] or on 0161 603 2156.

Care Assistant Wins Unfair Dismissal Claim Over Murder Charge

A care assistant who was unfairly dismissed after being charged with murder has won her case against her employer, Care UK Community Partnerships. The employment tribunal in Edinburgh ruled that the company had failed to properly investigate the potential reputational damage caused by the charges before dismissing the employee.

Jacqueline Difolco worked for Care UK at Cairdean House, Edinburgh, until her dismissal in November 2022. In October 2022, she was arrested and charged with murder along with three other defendants. Difolco was later acquitted of all charges.

Following her arrest, Care UK suspended Difolco pending an investigation. However, the tribunal found that the company’s investigation and report made “no assessment of any risk of reputational damage” and that “alternatives to dismissal were not considered in discussion with the claimant.”

The tribunal concluded that the dismissal was unfair and awarded Difolco a basic award of £1,860.

What can employers learn from this case?

This case highlights the importance of careful consideration and due process when dealing with employees facing criminal charges. Employers should:

• Conduct thorough investigations: Before taking disciplinary action, employers should thoroughly investigate the circumstances of the criminal charges and assess the potential reputational damage.
• Consider alternatives to dismissal: If possible, employers should explore alternative options, such as suspension or reassignment, before dismissing an employee.
• Communicate openly with employees: Employers should maintain open communication with employees throughout the process and provide them with opportunities to explain their situation.

By following these guidelines, employers can ensure that they are acting fairly and legally while protecting their business interests.#

For employers requiring further guidance or assistance with HR, Health & Safety, Employment Law or eLearning, Supportis are here to help. Contact us today for a free consultation at [email protected] or on 0161 603 2156.

Jet2 Flight Attendant Loses Discrimination Claim

A former Jet2 flight attendant has lost her legal case against the airline after claiming she was discriminated against and constructively dismissed over her hairstyle. Marion McKay resigned from her position in August 2023 after being told that her undercut hairstyle didn’t meet the company’s uniform standards.

McKay brought an employment tribunal claim for emotional distress and loss of earnings, seeking £22,000 in compensation. However, the tribunal ruled in favor of Jet2, finding that the airline’s treatment of her was not discriminatory.

The judge, Michelle Sutherland, stated that the request for McKay to change her hairstyle was not discriminatory and that a man with the same hairstyle would have been treated similarly. As a result, the tribunal concluded that Jet2 did not discriminate against McKay or constructively dismiss her.

Lessons for employers

This case highlights the importance of clear and consistent enforcement of workplace policies. Jet2’s uniform policy, while requiring a specific hairstyle, appears to have been applied fairly and consistently. Employers should ensure that their policies are well-defined, communicated effectively to employees, and applied without bias.

Additionally, employers should be mindful of the potential for workplace stress and take steps to address it. While McKay’s claim was ultimately unsuccessful, the case demonstrates the need for employers to create a supportive and inclusive work environment. By fostering a positive workplace culture, employers can help to prevent employee stress and maintain a high level of employee morale.

For employers requiring further guidance or assistance with HR, Health & Safety, Employment Law or eLearning, Supportis are here to help. Contact us today for a free consultation at [email protected] or on 0161 603 2156.