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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.

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.#

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.

The debate around implementing a four-day working week has intensified following the results of a major trial in South Cambridgeshire District Council. While the experiment yielded impressive results in several areas, it also highlighted potential challenges for businesses.

The council’s trial saw a significant drop in staff turnover and improvements in service delivery times for tasks such as processing planning applications and housing benefits. These outcomes are undoubtedly enticing for employers grappling with recruitment difficulties and service efficiency.

However, the trial was not without its drawbacks. Rent collection and re-letting of council housing were negatively impacted. This underlines the importance of careful planning and consideration before adopting a four-day week model.

A broader UK-wide trial also found positive results, with increased employee wellbeing and improved recruitment reported by most participating companies. Nevertheless, experts caution that the four-day week could exacerbate existing inequalities, particularly in terms of welfare benefits and potential exclusions for certain workers.

As small business owners and HR managers weigh the potential benefits and drawbacks of a reduced workweek, it’s clear that a one-size-fits-all approach is unlikely to be effective. Careful analysis of individual business operations and employee needs is essential to determine the feasibility and potential impact of such a change.

While the South Cambridgeshire trial offers valuable insights, it’s important to recognise that the public sector may have different operational constraints compared to private businesses.

Ultimately, the decision to implement a four-day week should be based on a thorough assessment of both potential gains and risks.

HR’s Role in Transitioning to a Four-Day Week

For HR departments, introducing a four-day week presents a complex challenge. Key considerations include:

Employee consultation: Engaging staff to understand their preferences and concerns is crucial.
Workload assessment: Determining how to maintain productivity and service levels with reduced hours requires careful analysis.
Contractual changes: Updating employment contracts to reflect the new working pattern is essential.
Operational adjustments: Implementing changes to shift patterns, rotas, and service delivery models may be necessary.
Performance management: Developing new metrics to measure performance in a four-day week environment is important.
Legal and regulatory compliance: Ensuring adherence to employment law and other relevant regulations is vital.

By carefully managing these aspects, HR can play a pivotal role in ensuring a smooth transition to a four-day week and maximising its potential benefits.

New legislation offers unpaid carer’s leave, but leading employers are exploring additional support with positive results.

Increased support for carers:

The UK recently introduced a law granting employees the right to take up to five days of unpaid leave for caregiving needs which came into effect in April this year. While a significant step, Carers UK, an advocacy group, is calling for further measures including two weeks of paid leave annually and the option for longer unpaid leave (up to six months), this came into effect in April this year.

Why additional support matters:

Prevalence of Carers: Approximately 1 in 9 employees juggle work with caregiving responsibilities. This translates to a significant portion of the workforce.
Retention Benefits: Many caregivers leave their jobs due to work-life conflicts. Offering flexible solutions can help retain valuable employees.
The New Law: The Carers Leave Act establishes a framework for unpaid leave and defines a legal carer classification.

Beyond the Minimum:

Several employers are exceeding the minimum legal requirements and reaping benefits:

BT: Offers 10 days of paid carer’s leave, reporting positive impacts on productivity, retention, and employee attraction.
TSB Bank: Provides 70 hours of paid leave annually. Carer retention is higher than the general workforce, and average leave usage is only seven hours.
Department for Work and Pensions: Emphasises flexible work arrangements for carers, resulting in rising employee engagement.

Employer Actionable Steps:

Flexible Work Policies: Implement and utilise flexible work options with empathy and creativity to accommodate diverse needs.
Manager Training: Equip managers with communication skills, knowledge of company policies, and their application to support carers.
Carer Passport Scheme: Streamline communication by establishing a system for employees to document caregiving needs, avoiding repetitive explanations.
Internal Communication: Promote inclusive support options through internal communication channels, highlighting flexibility and resources for carers.
Crisis Support: During unforeseen caregiving emergencies, offer immediate time off without inquiries, followed by a structured conversation to explore available leave options.
Adjustment Leave: Consider longer periods of leave with a guaranteed position upon return and an openness to discussing part-time or flexible hours.

Investing in Support:

Employers who prioritise supporting carers find it fosters loyalty and dedication. By going beyond the minimum legal requirements (if you’re in a position to), companies can benefit from increased employee well-being, retention, and overall performance. As one employer struggling with caregiving responsibilities himself stated, “Carers work hard, for you and when they are at home, and they deserve to know that you, their employer, has got their back.”