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Where do I stand with asking employees back into the office?

Employers considering mandating more office attendance should carefully review relevant employment law and ensure their policies are legally sound.

They should also consider the impact of increased office attendance on employee well-being and work-life balance.

Evaluating the effectiveness of hybrid work arrangements and identifying strategies to maximise both in-office and remote work productivity is crucial.

Maintaining open communication with employees and being flexible in accommodating individual needs and circumstances is essential.

If you are considering mandating more office attendance and are unsure about the legal implications or how to best implement such a policy, contact Supportis.

What’s happening in the Civil Service with office attendance?

The UK Civil Service has reaffirmed its commitment to a hybrid working model, with most employees expected to spend at least 60% of their time in the office.

This follows reports of a decline in office attendance after the recent change in government. Most civil servants are expected to spend at least 60% of their time in the office or on official business, while senior managers are required to spend more than 60% of their time in the office.

The government emphasises the importance of in-office work for collaboration, innovation, and fostering a sense of community. Monthly office attendance data is being collected to monitor compliance and inform policy decisions.

Need further advice?

We can provide expert advice and guidance on all aspects of hybrid work, including legal and regulatory compliance, developing and implementing effective hybrid work policies, communicating changes to employees, and addressing employee concerns and managing any potential challenges. By partnering with Supportis, you can navigate the complexities of hybrid work and ensure a smooth and successful transition for your business.

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.

The UK government is currently consulting on significant reforms to Statutory Sick Pay (SSP) with the aim of improving worker rights and addressing the issue of presenteeism. Key proposed changes include:

The elimination of the waiting period. Currently, employees must wait three days before becoming eligible for SSP. This change would provide immediate financial support to those experiencing illness.
The removal of the Lower Earnings Limit (LEL). This would extend SSP eligibility to approximately 1.3 million low-paid workers who are currently excluded.
The introduction of a percentage-based SSP rate. This would ensure that SSP payments are proportionate to an employee’s earnings, preventing situations where individuals receive more in SSP than their actual salary.

These reforms are expected to have several benefits, including improved employee health and well-being, reduced presenteeism, and increased workplace productivity. However, they may also result in increased costs for businesses, particularly small and medium-sized enterprises.

Supportis can help you:

Stay informed: Our team can provide you with the latest updates and insights on the Statutory Sick Pay consultation process.
Review your internal sick pay policies: We can assist you in reviewing and updating your current policies to ensure compliance with the evolving legal framework and best practices.
Promote a healthy workplace culture: We can offer guidance and support on implementing strategies to enhance employee well-being, such as stress management eLearning, flexible work arrangements, and open communication channels regarding health concerns.
24/7 advice: We offer round the clock HR advice and can assist you through any type of absence management process.

By partnering with Supportis, you can navigate the complexities of SSP reform with confidence and ensure your business is well-prepared for the future.

The COVID-19 pandemic and subsequent cost-of-living crisis have had a profound impact on the mental health and well-being of UK workers. Many individuals turned to alcohol and drugs as coping mechanisms to alleviate stress, anxiety, and isolation. This surge in substance abuse has led to a significant increase in addiction rates within the workplace.

The consequences of addiction in the workplace are far-reaching. Decreased productivity, increased absenteeism, and impaired decision-making are common issues. Additionally, substance abuse can lead to accidents, errors, and strained interpersonal relationships. A toxic work environment can further exacerbate these problems, creating a cycle of negative consequences.

To address this growing challenge, employers must adopt a proactive approach. Recognising the signs of addiction, such as changes in behaviour, decreased performance, or increased absenteeism, is crucial. Implementing employee assistance programs (EAPs) can provide confidential support and resources to employees struggling with addiction. These programmes often offer counselling, therapy, and referrals to specialised treatment facilities.

Training managers to identify and respond to concerns is also essential. By equipping managers with the necessary skills, employers can create a supportive work environment where employees feel comfortable seeking help. Clear and comprehensive workplace policies addressing substance abuse are vital. These policies should outline expectations, consequences, and available support resources.

Early intervention is key to preventing further harm and supporting employees in recovery. By providing timely and appropriate support, employers can help individuals overcome addiction and return to a healthy and productive work life.

It is important to note that addressing addiction in the workplace requires a multifaceted approach. This includes not only providing support and resources to employees but also fostering a culture of understanding, empathy, and non-judgment. By promoting a positive and supportive work environment, employers can empower individuals to seek help and recover from addiction.

In conclusion, the rising prevalence of addiction in the workplace is a serious issue that requires immediate attention. By implementing effective strategies, employers can mitigate the negative consequences of addiction and create a healthier, more productive workforce.

Let’s discuss how management training, eLearning, and tailored policies can help your organisation address addiction issues and support employees in need.

Since Labour’s election, HR professionals have eagerly anticipated the government’s plans to fulfill its ‘New Deal for Working People’ promise. Last week, the government introduced a bill outlining 28 significant employment law changes.

What’s changing?

The Employment Rights Bill introduces 28 reforms across various employment law areas, significantly favouring employee flexibility. Changes include:

Zero-hour contracts

Zero-hour contracts will be regulated more strictly to prevent exploitation. Instead of employers being able to offer jobs with no guaranteed hours, they will have to:

Guarantee a certain number of hours per week or month.
Provide reasonable notice of shift times.
Pay compensation to employees if shifts are canceled at the last minute.

Fire & rehire crackdown

Employers will no longer be able to use ‘fire and rehire’ tactics to ‘force’ employees to accept new terms and conditions.

Unfair dismissal

Employees will have the right to challenge an unfair dismissal from their first day of employment. Previously, there was a period of employment (usually 2 years) during which employees had limited protection against unfair dismissal. Under the new law, employees will have the right to challenge an unfair dismissal from the start of their employment.

Redundancy consultation

Employers will be required to consult with employees and their representatives more extensively before making mass redundancies. Previously, employers were only required to consult with employees if they were making 20 or more redundancies at a single establishment. Under the new law, employers will be required to consult with employees across the entire workforce, even if the redundancies are spread out across different locations.

Closing the maritime redundancy loophole

Maritime companies will no longer be able to avoid the requirement to consult with employees and their representatives before making mass redundancies. Previously, there was a loophole that allowed some maritime companies to avoid the collective redundancy notification requirement if their ships were registered outside of the UK. Under the new law, this loophole will be closed, meaning that all maritime companies providing regular services from the UK will be required to comply with the collective redundancy notification requirement.

Paternity and Unpaid Parental Leave – Waiting Periods Removed

New parents will be able to take paternity leave and unpaid parental leave from their first day of employment. Previously, there was a waiting period before new parents could take these types of leave. This change will provide new parents with more flexibility and support during the early days of parenthood.

Flexible Parental Leave

Parents will have the option to take paternity leave and pay after they have taken shared parental leave and pay. Previously, paternity leave had to be taken before or during shared parental leave. This change will provide parents with more flexibility in how they arrange their time off to care for their new child.

Right to Unpaid Bereavement Leave

This means that employees will have the right to take time off work unpaid (this could be paid at the employer’s discretion) to grieve the loss of a loved one. Previously, there was no specific legal right to bereavement leave.

Pregnancy Protection Extended

New protections are being introduced to prevent the dismissal of a woman who is pregnant and for six months after her return to work.

Flexible Working

Employers will no longer be able to simply reject flexible working requests without providing a valid reason. Previously, employers could reject flexible working requests without giving a reason. This could make it difficult for employees to negotiate flexible working arrangements. Under the new law, employers will be required to explain the grounds on which they have denied a flexible working request. This will make it easier for employees to understand why their request was rejected and to discuss the matter further with their employer.

Prioritising fairness, equality and wellbeing of workers

Employers will be legally obligated to do everything they can to prevent sexual harassment from happening in the workplace.

Conclusion

The Employment Rights Bill, with its proposed changes, is poised to significantly reshape the UK’s employment landscape. While the bill aims to enhance worker protections and rights, it presents a complex challenge for employers.

Businesses must now navigate a more intricate regulatory environment. This includes adapting to new requirements for flexible working, scrutinising recruitment practices, and ensuring compliance with stricter regulations on discrimination and harassment.

To navigate this evolving regulatory landscape, employers should proactively review their HR policies and procedures, invest in employee training, and consider consulting with employment law experts. By staying informed and taking a proactive approach, businesses can mitigate risks, foster a positive workplace culture, and secure a sustainable future in the UK labor market.

Thames Valley Police has been ordered to pay £1.1 million to a former police sergeant, Katrina Hibbert, following a successful employment tribunal claim for constructive dismissal and disability discrimination.

Hibbert, who worked as a safeguarding sergeant, suffered from PTSD and found that running a party tent business provided a positive outlet and helped manage her mental health. However, when the force became aware of her side hustle, they took steps to withdraw her permission to operate the business, leading to a deterioration in her mental health and subsequent resignation.

The tribunal found that the force’s decision to withdraw permission was disproportionate and discriminatory. The force failed to consider alternative approaches, such as reviewing the permission on a case-by-case basis, and instead took a rigid and punitive stance.

This case highlights the importance of employers adopting a balanced and supportive approach to employee side hustles, particularly for those with mental health conditions. By taking a more flexible and understanding approach, employers can avoid costly legal disputes and maintain a positive workplace culture.

Understanding the complexities of annual leave and long-term sickness absence

The interplay between annual leave and long-term sickness absence can be a complex issue for employers. While employees generally have the right to take annual leave, the circumstances surrounding long-term sickness can introduce additional considerations. Generally, employees cannot take annual leave while on long-term sick leave. This is because annual leave is intended for rest and relaxation, while long-term sick leave is for recovery from illness or injury.

Scenarios where employees might attempt to take annual leave during sickness absence:

Short-term recovery: An employee may experience a period of improvement in their condition and believe they are well enough to take annual leave.
Medical advice: A healthcare professional may advise the employee to take a break from work, which the employee may interpret as annual leave.
Avoiding return to work: In some cases, an employee may attempt to use annual leave to delay their return to work after a long-term absence.

Key considerations for employers:

Company policy: Refer to your company’s policies on annual leave and sickness absence. These policies should outline the procedures for requesting and approving leave, as well as any specific guidelines for employees on long-term sickness (we can help with this! Supportis draft bespoke HR policies for UK businesses from all sectors and sizes)
Medical certification: Always require medical certification to support any request for annual leave during sickness absence. This helps to ensure that the employee is genuinely fit to take time off.
Employee’s condition: Assess the employee’s condition and the nature of their illness. If the employee’s condition is such that they are unable to perform their duties, it may be inappropriate to grant annual leave.
Legal requirements: Be aware of the legal requirements surrounding annual leave and sickness absence. For example, under UK employment law, employees generally have the right to take annual leave, but this right can be subject to certain conditions, such as the employee’s ability to take leave without causing undue disruption to the business.

Tips for managing long-term sickness periods:

Communicate regularly: Maintain open and regular communication with the employee throughout their absence. This can help to build trust and understanding.
Provide support: Offer support and assistance to the employee, such as access to occupational health services or flexible working arrangements.
Consider phased return: If appropriate, consider a phased return to work to help the employee gradually reintegrate into the workplace.
Review the employee’s role: Assess whether the employee’s role is still suitable for them given their health condition. If necessary, consider making adjustments to their duties or working arrangements.

By carefully considering these factors and following your company’s policies, employers can effectively manage situations involving annual leave and long-term sickness absence, ensuring fairness and compliance with employment law.

Need advice? We offer completely free, no obligation trial advice on managing annual leave and long-term sickness absence, please contact us on the details below. Each situation is evaluated on a case-by-case basis to ensure compliance with employment law and the best interests of both the employee and the company.

What’s changing?

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