The Retained EU Law (Revocation and Reform) Bill (REULRR Bill) could affect a wide range of employment law, including:

• Equal pay: The UK could repeal the Equal Pay Act 1970, which prohibits discrimination on the grounds of sex, marriage and civil partnership, and gender reassignment. This could make it more difficult for women to challenge pay discrimination.
• Working time: The UK could repeal the Working Time Regulations 1998, which set out maximum working hours, rest breaks and paid annual leave. This could lead to longer working hours and less paid leave for employees.
• Health and Safety: The UK could repeal the Health and Safety at Work Act 1974, which sets out employers’ duties to protect their employees from harm. This could lead to a decrease in health and safety standards in the workplace.
• Collective Bargaining: The UK could repeal the Trade Union and Labour Relations (Consolidation) Act 1992, which sets out the rights of trade unions and employees to bargain collectively. This could make it more difficult for trade unions to negotiate on behalf of their members.
• Redundancy: The UK could repeal the Employment Rights Act 1996, which sets out the law on redundancy. This could make it easier for employers to make employees redundant.

It is important to note that the Retained EU Law (Revocation and Reform) Bill is still at the draft stage and it is not yet clear which parts of employment law will be affected. However, the Bill has the potential to make significant changes to employment law in the UK.

The House of Lords and House of Commons are currently considering amendments to the Retained EU Law (Revocation and Reform) Bill (REULRR Bill). The Bill, which was introduced by the government in January 2023, aims to simplify and reform the UK’s retained EU law.

The Lords have made a number of amendments to the Bill, including:

• Requiring the government to publish a list of all retained EU law, including any changes that have been made to it.
• Giving the devolved administrations a greater say in how retained EU law is implemented in their areas.
• Allowing courts to strike down retained EU law that is incompatible with the UK’s human rights obligations.

The Commons is now considering the Lords’ amendments. It is possible that the Commons will agree to some of the amendments, disagree with others, or make its own amendments. It is also possible that the Commons will reject the Bill altogether.

The outcome of the debate in the Commons is uncertain. However, the amendments made by the Lords have highlighted the importance of ensuring that the UK’s retained EU law is clear, accessible, and compatible with the UK’s human rights obligations.

Here are some of the key points of the amendments made by the Lords:

• The government must publish a list of all retained EU law, including any changes that have been made to it. This will help to ensure that businesses and individuals can easily understand what retained EU law applies to them.
• The devolved administrations must be given a greater say in how retained EU law is implemented in their areas. This is important to ensure that the devolved administrations can take account of their own specific needs and circumstances.
• Courts must be given the power to strike down retained EU law that is incompatible with the UK’s human rights obligations. This is important to ensure that the UK’s human rights are protected.

The debate in the Commons about the amendments made by the Lords is likely to be closely watched by businesses, individuals, and organizations that have an interest in the UK’s retained EU law. The outcome of the debate could have a significant impact on how retained EU law is implemented in the UK.

Keep an eye on our socials and news posts to keep up to date with relevant legislation changes, and if you need any assistance with HR or Health & Safety for your business, contact our friendly team today on 0161 603 2156 or at [email protected] and see how we can help your business flourish!

In the employment tribunal case of Webb v London Underground, an employee was dismissed for making a number of offensive and discriminatory posts on her personal Facebook page. The employee argued that she had a reasonable expectation of privacy over her Facebook posts, and that her dismissal was therefore unfair.

The employment tribunal disagreed, finding that the employee’s Facebook posts were “wholly unacceptable” and that she had “no reasonable expectation of privacy” in relation to them. The tribunal also found that the employee’s dismissal was fair, as it was a proportionate response to her misconduct.

This case is significant because it sets a precedent for how employment tribunals will consider the privacy of social media posts in future cases. The tribunal’s decision makes it clear that employees do not have a reasonable expectation of privacy over their social media posts, even if they are made on a personal account. This means that employers can discipline or dismiss employees for making offensive or discriminatory posts on social media, even if the posts are made outside of work hours.

The case also highlights the importance of employees being mindful of what they post on social media. Even if you think your posts are private, there is always a risk that they could be seen by your employer or colleagues. It is therefore important to think carefully about what you post, and to avoid making any posts that could be considered offensive or discriminatory.

Here are some additional details about the case:

• The employee, Ms. Webb, was a customer service advisor for London Underground.
• Ms. Webb made a number of offensive and discriminatory posts on her personal Facebook page, including calling her colleagues “lazy” and “useless” and making racist and sexist remarks.
• London Underground became aware of Ms. Webb’s posts and dismissed her for gross misconduct.
• Ms. Webb appealed her dismissal to an employment tribunal.
• The employment tribunal upheld London Underground’s decision to dismiss Ms. Webb.

The case of Webb v London Underground is a reminder to employees that they should be mindful of what they post on social media. Even if you think your posts are private, there is always a risk that they could be seen by your employer or colleagues. It is therefore important to think carefully about what you post, and to avoid making any posts that could be considered offensive or discriminatory.

If you need any help with any aspect of people management or Health & Safety for your business, contact our friendly team on 0161 603 2156 or at [email protected] today and we’ll discuss how we can help!

The Local Government Association has updated the Burgundy Book, a handbook outlining the conditions of service for school teachers in England and Wales:

• Sick leave: The new edition of the Burgundy Book clarifies that teachers are entitled to sick leave for mental health conditions, as well as physical health conditions. This is a significant change, as it reflects the growing recognition of the importance of mental health in the workplace.
• Maternity leave: The new edition of the Burgundy Book clarifies that teachers who are pregnant or who have recently given birth are entitled to additional leave, such as time off for antenatal appointments and postnatal care. This is a significant change, as it ensures that teachers who are pregnant or who have recently given birth are able to take the time they need to care for their health and their families.
• Pay and grading: The new edition of the Burgundy Book includes a new pay and grading structure for teachers. This new structure is designed to be more transparent and to reflect the different roles and responsibilities of teachers.
• Discipline and grievance: The new edition of the Burgundy Book includes a new section on discipline and grievance. This new section sets out the procedures that should be followed if a teacher is disciplined or if a teacher has a grievance against their employer.
• Professional standards: The new edition of the Burgundy Book includes a new section on professional standards. This new section sets out the standards of conduct that are expected of teachers.

The new edition of the Burgundy Book is a significant update that clarifies and updates the conditions of service for school teachers in England and Wales. The new edition is a welcome development, as it ensures that teachers are aware of their rights and responsibilities and that they are able to access the support they need to do their jobs effectively.

Education is one of our key sectors – whether you’re a nursery, school, college or beyond – give us a call on 0161 603 2156 or email us at [email protected] to see how we can help your Education establishment flourish!

In 2023, Ian Clifford, a former employee of IBM, won a disability discrimination case against the company. The case centered on IBM’s decision to terminate Clifford’s employment after he was diagnosed with a mental health condition.

Clifford had been employed by IBM for over 20 years when he was diagnosed with depression in 2017. He took a leave of absence from work to seek treatment, and he returned to work in 2018. However, IBM placed him on a performance improvement plan, and he was eventually terminated from his job in 2019.

Clifford filed a complaint with the Employment Tribunal, alleging that IBM had discriminated against him on the basis of his disability. The Tribunal found in Clifford’s favor, ruling that IBM had failed to make reasonable adjustments for his disability and that it had dismissed him because of his mental health condition.

The Clifford case is a significant victory for people with disabilities. It sends a clear message that employers cannot discriminate against employees on the basis of their disability. The case also highlights the importance of employers making reasonable adjustments for employees with disabilities.

What are Reasonable Adjustments?

Reasonable adjustments are changes that employers can make to their workplaces or policies to accommodate employees with disabilities. These adjustments can include things like providing accessible facilities, modifying job duties, or offering flexible working arrangements.

Employers are required to make reasonable adjustments for employees with disabilities under the Equality Act 2010. This means that employers must make changes to their workplaces or policies if they are necessary to allow employees with disabilities to do their jobs.

What are the Benefits of Making Reasonable Adjustments?

There are many benefits to making reasonable adjustments for employees with disabilities. These benefits include:

• Increased productivity: Employees with disabilities are often just as productive as employees without disabilities. In fact, a study by the Institute for Employment Studies found that employees with disabilities are 12% more productive than their non-disabled counterparts.
• Reduced absenteeism: Employees with disabilities are less likely to take sick leave than employees without disabilities. In fact, a study by the University of Manchester found that employees with disabilities are 25% less likely to take sick leave than their non-disabled counterparts.
• Improved morale: Employees with disabilities often have higher morale than employees without disabilities. This is because they feel valued and respected by their employers.
• Increased customer satisfaction: Customers are more likely to do business with companies that are inclusive of people with disabilities. This is because they see these companies as being more progressive and caring.

How Can Employers Make Reasonable Adjustments?

There are many ways that employers can make reasonable adjustments for employees with disabilities. Some of the most common adjustments include:

• Providing accessible facilities: This can include things like making sure that buildings are wheelchair accessible, providing accessible parking, and installing accessible toilets.
• Modifying job duties: This can include things like changing the way that tasks are performed, providing additional training, or reducing the number of hours that an employee works.
• Offering flexible working arrangements: This can include things like allowing employees to work from home, flex their hours, or take breaks during the day.

Employers should work with employees with disabilities to identify the adjustments that are necessary to allow them to do their jobs. By making reasonable adjustments, employers can create a more inclusive workplace for everyone.

Mental health is just as important as physical health, and it’s something that can affect anyone, regardless of their age, gender, or occupation. In the workplace, mental health issues can lead to decreased productivity, increased absenteeism, and even presenteeism (working while sick).

That’s why it’s so important for employers to create a culture of mental health awareness in the workplace. By raising awareness of mental health issues, employers can help employees to understand the signs and symptoms of mental health problems, and they can also provide support and resources to employees who are struggling.

There are a number of things that employers can do to raise mental health awareness in the workplace. These include:

• Providing training to managers and employees on mental health awareness. This training should cover topics such as the signs and symptoms of mental health problems, how to talk to someone about mental health, and where to get help.
• Creating a supportive work environment. This means fostering a culture of respect, understanding, and compassion. It also means providing employees with the resources they need to manage their mental health, such as flexible work arrangements, on-site counseling, and employee assistance programs.
• Celebrating mental health. This can be done by hosting mental health awareness events, promoting mental health resources, and encouraging employees to take care of their mental health.

By taking these steps, employers can help to create a workplace that is supportive of mental health. This can lead to a number of benefits for both employees and employers, including increased productivity, decreased absenteeism, and improved employee morale.

Here are some additional tips for employers on how to create a mentally healthy workplace:

• Normalise conversations about mental health. Encourage employees to talk about their mental health openly and honestly. This will help to break down the stigma associated with mental health problems and make it easier for employees to seek help if they need it.
• Be flexible with work arrangements. If an employee is struggling with their mental health, be flexible with their work arrangements. This could mean allowing them to work from home, take a leave of absence, or adjust their hours.
• Provide access to resources. Make sure that employees have access to resources that can help them to manage their mental health. This could include on-site counseling, employee assistance programs, or referrals to mental health professionals.
• Create a supportive culture. A supportive culture is one where employees feel comfortable talking about their mental health and where they know that they will be treated with respect and compassion. Encourage employees to reach out for help if they need it, and make sure that they know that they are not alone.

By taking these steps, employers can help to create a mentally healthy workplace that is beneficial for both employees and employers.

The Easter holidays are next week, 7th-10th of April, with this in mind, we explore what UK employers need to know about allowance and pay…

There is no automatic right to time off on a bank holiday. This may be a surprise to some, however, similarly there is also no statutory entitlement for workers to not work on bank holidays, instead, this is determined by the wording in contracts of employment. An employer can dictate this depending on the operational needs and type of business.

Ahead of the long weekend next week, specific contractual wording should be checked carefully to determine your position on time off for bank holidays. For example, if your holiday allowance is statutory minimum (5.6 weeks annual leave, including bank holidays) then you will need to give your employees time off in lieu (TOIL) if they work on a bank holiday.

You do not have to pay an enhanced rate for any hours worked on a bank holiday, although offering this will keep employees motivated. You must ensure employees are receiving at least national minimum wage if they work a bank holiday, or if their usual contractual pay is higher, then they must receive at least this rate. Bear in mind, national minimum wage goes up on 1st April to £10.42 an hour (for those aged 23+).

Any holiday requests received for next Friday or the following Monday are to be considered in line with your annual leave policy. If there is a business need for an employee to work, remember that refusing a request is allowed if it is reasonable. You could also offer unpaid leave or banked time off in lieu, or a shift swap if employees need the day off.

Part-time workers are entitled to time off on bank holidays on a pro rata basis subject to the terms of the contract.

It’s important to communicate to your employees what the arrangements are for Friday 7th April and Monday 10th April in good time to help your workforce feel prepared and motivated. Aspects such as availability of IT support and line manager availability is important to communicate ahead of time also, to ensure service delivery and productivity are unaffected by the bank holidays.

Offering incentives such a sweet treats or relaxing a dress code can help to motivate staff that are working over bank holiday.

If your annual leave your matches the financial year, 2023/24 poses a problem. Next year, Good Friday falls on 29th March. Therefore there will be 9 bank holidays in the leave year 2023/24, but only 7 in 2024/25.

Your contractual wording will determine whether or not an additional day needs to be given in 2024/25 or not given in 2023/24. If you only give statutory minimum holiday allowance, this will need to be managed carefully to ensure you’re meeting your obligations under the working time regulations.

If you need any further advice or support on anything discussed in this article, or anything else, HR–related, our friendly team are available to discuss your needs on 0161 603 2156.