Statutory Figures

In addition to the previously published statutory pay increases for 2024 (refer to our Newsletter No 158), the annual increase in compensation limits has been publicised. The limits apply to dismissals, including redundancies, occurring on or after 6^th April 2024.

• £700.00 – the maximum amount of a week’s pay for calculating statutory redundancy pay and the basic award; (up from £643.00);
• £21,000.00 – the maximum statutory redundancy payment or basic award, i.e. 30 weeks (up from £19,290);
• £115,115.00 – the maximum compensatory award which can be made for unfair dismissal (up from £105,707.00) or one-year’s gross pay whichever is the lower;

These increases mean that the maximum total unfair dismissal award is now £136,115.00; although uplifts can add a further 25%.

Employees may be entitled to receive guarantee payments for up to five days of lay off in any three-month period.  The maximum amount of such a Statutory Guarantee Payment will increase to £38.00 (up from £35.00) for any one day.

The new rates take effect where the ‘appropriate date’ for the cause of action (such as the date of termination in an unfair dismissal claim) falls on or after 6^th April 2024.

 

 

Clients are welcome to raise any concerns with our team of Consultants, who would be pleased to advise you on any element of the issues arising from this newsletter.  The information contained within this newsletter was correct at the time of publishing.

Paternity leave has been around for a long time, since 2002, but the Government will be shortly introducing new rules that will make it both easier to take and more flexible.

Up until now, the intention of an employee (they could be a father or a partner in this context) to take paternity leave had to be formally lodged with their employer on or before the 15th week before the Expected Week of Childbirth (EWC).  This is also known as the Qualifying Week (QW).  The employee had a stark choice, take a block of one week or two continuous weeks sometime during the first eight weeks after birth, or the adoption matching date.  And for some reason, the leave could not be split into two separate weeks.

These new rules reduce the notification required to 28 days (or 7 days for adoption), and allow this leave to be taken either as a two-week block, or two separate one-week blocks, any time in the first year after birth or adoption. The rules rather intriguingly view adoption as more unpredictable than the birth of a child. Parents of early or late babies may well disagree!

These regulations are expected to come into force on 8^th March 2024, though they will only apply to babies whose EWC begins after 6^th April 2024. And, for adoption purposes, whose expected date of placement for adoption, or when the adoption comes from abroad, when the expected date of entry into Great Britain for adoption, is on or after that date.

The rules are still quite rigid however, and the employee has to state not the exact date they wish to take leave, but how long after the birth or adoption they wish to take it. Any changes to this schedule should also be communicated at least 28 days in advance.

Any parent out there will tell you the arrival of the child is not necessarily something you can plan for in advance. Nor is the need for leave so precise that you can schedule it effectively before it happens.

Nevertheless, these rules will make it slightly easier for parents to prepare, while still giving employers some warning when employees are likely to be away. Please note that while holiday requests can be turned down, normally for good business reasons, paternity requests cannot, providing they have been notified in the appropriate way.

These are draft regulations, but employers need to be aware of the impending changes to paternity leave notification and, we are also waiting on other possible changes to paternity pay, which as yet have not been communicated out.

BackupHR Training

Getting the best from your team requires skill and dedication. Our Management Training Programme for 2024 covers a toolbox of strategies and essential practical skills, designed to equip those who are new to Management, or to offer further development or a refresher of existing skills for more experienced Managers.

Core Skills for Managing People: 24th April 2024 – Park Farm Country Hotel, Hethersett, Norwich and 17th October 2024 – Quy Mill Hotel & Spa, Quy, Cambridge

Handling Difficult Situations; 21st November 2024 – Park Farm Country Hotel, Hethersett, Norwich

Contact Jackie by e-mail: jackie@backuphr.com or 01480 677981 and visit www.backuphr.com for more information on how our training course can benefit you and how to book.

 

 

Our Consultant Team would be pleased to advise you on any element of the issues arising from this newsletter.

Introduction

Effective from 1^st October 2023, several amendments to the Fire Safety Order (FSO) have been enacted. Initiated by s.156 of the Building Safety Act 2002, the changes target enhancing fire safety across buildings governed by the FSO. While these amendments might seem minimal, they necessitate that Responsible Persons under the FSO be proactive to ensure full compliance with the law.

Background

In the aftermath of the tragic Grenfell fire and consequential inquiries, the UK Government has been progressively revising fire safety regulations. The FSO amendments, specifically pertinent to England and Wales, are a part of this movement, realised via the Fire Safety Act 2021 and Building Safety Act 2022.

What Do These Changes Mean?

The newly enforced laws pertain to all non-domestic premises such as workplaces, communal areas in multi-occupied residential buildings, among others. It does not cover individual domestic premises.

Responsible Persons must now adhere to the following stipulations:

• Maintain a comprehensive record of their fire risk assessment.
• Document the identity of the person or organisation responsible for undertaking or reviewing the fire risk assessment.
• Identify and record the relevant details pertaining to managing fire safety arrangements in the premises.
• Update and maintain contact details, including a UK based address, and disclosing details and co-operating with other organisations’ Responsible Persons who are in the same shared premises.
• Upon departure from a building, share essential fire safety details with incoming Responsible Persons.

Implications

The main essence of the recent changes is the enhancement of collaboration among Responsible Persons. This collaboration may encompass other businesses, landlords, or managing agents, often playing crucial roles in a building’s safety.

A new obligation requires all involved parties to understand and record their roles and responsibilities, ensuring they are in synchrony with the overarching safety measures of the entire building. The Government underlines the importance of this being a written record, accessible when required.

Moreover, whenever there is a change in the Responsible Person – be it due to cessation of a business, acquisition, or property sale – the incoming party must be presented with all pertinent fire safety details.

Conclusion

The underlying intent of these revisions is a comprehensive, whole-building approach to fire safety. Ensuring that every stakeholder, from a single tenant to a managing agency, is aligned and informed is a significant step towards more robust fire safety measures in the UK.

For our clients, we recommend a review of your current fire safety risk assessment and practices to guarantee meeting the new regulations.

 

The BackupHR team would be pleased to advise you on any element of the issues arising from this newsletter.

The Health and Safety Executive (HSE) of Great Britain’s annual statistics on work-related fatalities, ill health and workplace injuries for the period 2022/23 offer a comprehensive overview of the current state of workplace health and safety, revealing both the human and economic costs associated with work-related fatalities, illnesses and injuries.

There were 135 work-related fatalities and approximately 561,000 non-fatal workplace injuries reported in the same period. Around a quarter of the deaths were to workers aged 60 and over, which is similar to the profile of earlier years. The three main causes of fatal injury are falls from a height, struck by moving (including flying/falling) objects, or struck by moving vehicle, which between them continue to account for over half of annual fatal injuries. 68 members of the public were also killed in work-related accidents.  82% of fatal injuries occur in five industry sectors: – construction; agriculture; motor retail repair; accommodation; and food services. These same sectors, alongside forestry, also had statistically significant higher workplace non-fatal injury rates as well. If one looks at the numbers working in different employment sectors, then the highest prevalence of fatalities is in agriculture, forestry and fishing.

Here is a quick summary of other HSE statistics:

• Prevalence of Work-Related Ill Health: The report states that approximately 1.8 million workers suffered from work-related ill health (both new and long-standing cases). This figure indicates a significant rise compared to pre-pandemic levels. 13,000 deaths per year are estimated to be linked with past exposure at work, primarily to chemicals or dust.
• Stress, Depression, and Anxiety: Among these cases, around 875,000 incidents were related to work-related stress, depression, or anxiety, marking an increase from the pre-pandemic period. This includes 338,000 new cases for 2022/23.
• Work-related musculoskeletal disorders: Prior to the pandemic, the rate of self-reported work-related musculoskeletal disorders showed a generally downward trend. The current rate is still similar to the 2018/19 pre-coronavirus level.  Industries with higher than average rates are not surprisingly in administration and support services activities, construction and human health/social work.
• Gender and Age Disparities: Females reported significantly higher rates of work-related stress, depression, or anxiety compared to males, particularly in the age group of 25-34.
• Lost Working Days: An estimated 35.2 million working days were lost due to work-related ill health or injury, with 17.1 million days specifically attributed to stress, depression, or anxiety.
• Occupational Lung Disease: The report highlighted 12,000 lung disease deaths linked to past occupational exposures, including 2,268 deaths due to mesothelioma. Prior to the coronavirus pandemic, the rate of annual new cases of occupational asthma seen by chest physicians had been increasing.
• Sector-Specific Impacts: Human health/social work, public administration/defence and education have had the highest rates of work-related ill health and non-fatal injuries. These are the exact same sectors that were most affected by work-related stress, depression, or anxiety.

The HSE conducted over 230 fatal and 5,500 non-fatal accident investigations, completed 216 criminal prosecutions with a 94% conviction rate, and carried out over 16,800 proactive inspections.

IOSH, and nearly every other Health and Safety expert, advocates for a prevention-first approach, emphasising the need for psychosocial risk management strategies and a people-focused work culture.

In conclusion, the HSE’s 2022/23 statistics underscore a persistent issue of work-related ill-health, particularly stress, depression and anxiety, alongside the substantial economic burden it places on the economy. The data calls for continued and enhanced efforts in workplace health and safety management, with a particular focus on mental health and preventative measures.

 

The BackupHR team would be pleased to advise you on any element of the issues arising from this newsletter.

There are some important changes to statutory rates of pay that the Government have already announced, to take effect in 2024.

National Minimum/Living Wage Rate Increases & Accommodation Rate

The National Living Wage is to rise by 10% which is the biggest cash increase ever. This will also now apply to all workers aged 21 and over for the first time (previously applying only to those aged 23 and over). It will go from £10.42 to £11.44 per hour.

At the same time, the National Minimum Wage (NMW) rates will be increased as follows:

• from £7.49 to £8.60 per hour for 18 to 20-year olds;
• from £5.28 to £6.40 per hour for 16 & 17-year olds; and
• from £5.28 to £6.40 per hour for apprentices;

Accommodation Rate

If you provide some form of staff housing as part of the contractual arrangements, then the daily accommodation offset will apply. This will change from the current rate of £9.10 per day to £9.99.

The effect of accommodation rates on the National Minimum Wage or National Living Wage depends on how much an employer actually charges for accommodation.  It’s calculated by ‘pay period’, the frequency interval that someone is being paid. If the accommodation is free, it still affects the minimum wage.   It does not matter if the cost of the accommodation is taken from the worker’s wages beforehand, or if the worker pays the cost after they get their wages.

Increased Statutory Rates

The rate for 2024/25 for Statutory Maternity (SMP), Paternity (SPP), Adoption (SAP), Parental Bereavement (SPBP) and Shared Parental (SShPP) Pay are set to increase from £172.48 to £184.03 per week.

Additionally, the rate of Statutory Sick Pay (SSP) is also set to increase from £109.40 to £116.75 per week.

The rates for Statutory Redundancy Pay, Statutory Guarantee Pay, and Tribunal Awards are not yet announced.  We will send an update as soon as the new rates are published. They are usually expected in March.

Implementation

Exact dates of implementation are still to be confirmed, and it is worth noting that they do not all usually increase on the same date. It is expected that SSP will increase on 6^th April 2024, with SMP, SPP etc. increasing on 8^th April 2024 at the start of the new tax year. The NLW and NMW rates go up from 1^st April 2024.

January Changes to Existing Rights

A number of substantive provisions of the Retained EU Law (Revocation and Reform) Act 2023 (known as REULA) have now become law, changing the status of various aspects of retained EU law under the European Union (Withdrawal) Act 2018, or for short, EU(W)A.

S.4 EU(W)A, that directly preserved rights arising under EU Treaties and Directives, has now been repealed, although it is important to note that there are some transitional provisions which preserve its effect in relation to facts occurring before the end of 2023. This means that claims relying on directly effective rights preserved under S.4 EU(W)A can still be brought so long as they rely on events or actions taking place before the end of 2023. Such claims can still invoke the general principles of EU law and the supremacy of EU law to the same extent as was possible under the EU(W)A as originally enacted.

S.5 REULA, which renames ‘retained EU law’ as ‘assimilated law’, is also now fully in force. However, not all of REULA has yet to come into effect, such as s.6 REULA, which will give Courts greater discretion to depart from retained EU case law.

The Equality Act 2010 (Amendments) Regulations 2023 also came into force on 1st January 2024, which include extended protection from pregnancy and maternity discrimination, the right to claim indirect discrimination by association, the ‘single source’ test for establishing an equal pay comparison, and a definition of disability that considers a person’s ability to participate in working life on an equal basis with other workers.

The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 amend the Working Time Regulations 1998 to preserve the entitlement under EU law to be paid ‘normal remuneration’ during annual leave, also came into force on 1st January 2024. Normal remuneration, in a nutshell, means that if people receive on almost every pay interval additional earnings beyond basic pay, such as overtime, shift premium, commission or bonuses, then this will be deemed normal remuneration for the purposes of calculating holiday pay.  This is also known as average holiday pay, based on the previous 52 weeks earnings.  This is actually not really new, as English case law has established this for some time, but the Government has now formally enshrined it into Statute.

Future Legal Rights

A number of Bills giving new rights are on their way to becoming enforceable regulations. However, due to the nature of the legal parliamentary process, it is not possible to say with certainty when this will happen this year, or what the details of these new rights will be, as they may still be changed. Nevertheless, it is important to be aware of what might be coming.

Protection from Redundancy (Pregnancy and Family Leave) Act 2023

Currently, employees absent from work on maternity, adoption or shared parental leave have the right to be offered any suitable alternative employment before their colleagues during a redundancy process. This is what is known as a “protected period”. With new secondary law coming into place this year we now know that for leave that ends on or after 6^th April 2024, this protected period will be extended.

Pregnancy and Maternity Leave

From the time the employee discloses the pregnancy, a protected period applies. This will end on the day statutory maternity leave starts, and a further protection period is applied for a period of 18 months after the expected week of childbirth (or 18 months after the exact date of childbirth, if the employee has notified their employer of the day childbirth occurred before the end of the statutory maternity period). Where the employee is not entitled to maternity leave, such as in the case of a miscarriage, the protection period ends two weeks after the pregnancy ended.

Shared Parental Leave

The protected period begins from when the child is born or placed with the employee for adoption, and will be extended to 18 months after. To be eligible for the extended protection period, the employee must have taken six or more consecutive weeks of shared parental leave. They also must not have taken maternity or adoption leave.

Where less than six consecutive weeks of leave is taken, the protected period will continue as is currently the case, i.e. during the leave only.

Adoption Leave

The protected period runs from when the child is placed for adoption with the employee and is extended to 18 months after that.

Employment Relations (Flexible Working) Act 2023

We are waiting on ACAS to finalise its updated Code of Practice on handling requests for flexible working. Additional ACAS guidance on flexible working is also expected to be updated.

Secondary legislation will be implemented to set out the first of five changes that need to be put down in regulation to implement the 2023 Act.

The first regulation confirms that for any requests made on or after 6^th April 2024, the employee making the request does not need to have any service with the employer. Essentially, this means the right to request flexible working will become a day one right. Currently absent are the other four proposed changes to flexible working rules. When they come, which is likely to be from 6^th April 2024, they will be:

• reduction of current reasonable timeline to deal with requests from three months to two months;
• removal of requirement for employee to set out the impact of their requested arrangements;
• introduction of the requirement for employers to consult with an employee before refusing a request;
• increase in the number of statutory requests permitted per 12 months from one to two. Interestingly, the right to appeal an unsuccessful flexible working request appears to have been removed.

Carer’s Leave Regulations 2024

This introduces a new right to one week’s unpaid time off in any 12-month period to provide or arrange care for a dependant with a long-term care need.

This Regulation is still subject to parliamentary approval, which is thought will be passed and if so, this will come into force on 6^th April 2024.

These Regulations provide that from the first day of employment, employees with a dependant with a long-term care need that need to take time off to care, or arrange it, for that dependant are able to do so, subject to a maximum of one week per year.

Unlike other forms of family leave, which must be taken in blocks, such as paternity or parental leave (unless the child is disabled), carers can take this leave either consecutively or separately in half or full days. In order to take the leave, they are required give written notice, which under the Regulations will need to be either twice the length of the time being requested, or three days, whichever is the longest.

Similar to parental leave, employers will be able to postpone a request for carer’s leave if at the time it would unduly disrupt operations. If declining the request, the employer must give a written explanation as to why this postponement is necessary. Nevertheless, the employee will need to be allowed to take the leave within one month of the original start date of the leave, following consultation with the employee as to a more convenient date.

This is likely to be a busy year for employment law changes, and we will be updating client Handbooks once we have a clear understanding of what these changes will mean in practice.

 

Clients are welcome to raise any concerns with our Consultant Team, who would be pleased to advise you on any element of the issues arising from this newsletter.

How can you ensure that your business is doing everything right when it comes to Right to Work Checks?

If you are new to your role of having been given responsibility for the onboarding of new employees, then find out what you need to do here. If you think you already know and can do the checks standing on your head, then treat this as a refresher and hopefully pick up some of our tips and tools to help you along the way.

Context       

If you want to employ someone, you need to gain proof of their right to work in the UK – before they start their employment.  You could face a hefty civil penalty if you employ a worker and have not carried out a correct right to work check.

Which checking method should I use?

There a have been quite a few changes for Right to Work checks over the last few years, but essentially you need to carry out one of the following:

1. a manual right to work check;
2. a right to work check using Identity Document Validation Technology (IDVT) via the services of an Identity Service Provider (IDSP);
3. a Home Office online right to work check;

To help you decide which checks to make, this guide will assist you.

UK & Irish citizens can use their passport or passport card to prove their right to work. You can check this manually or using and IDSP.

For nearly all others, you’ll need to check their right to work online.

If you cannot check the applicant’s right to work online using their share code or check the applicant’s original documents use the Home Office Checking Service.

In some circumstances an online check is not possible – Conduct a manual check.

To Do List (A, B or C):

A. Manual Checks

1. Obtain

Gain the original documents from List A or List B of acceptable documents

2. Check

Ensure that the documents are genuine, belong to the person presenting them and that they are allowed to do the type of work you are offering

3. Copy

Make a clear copy of each document in a format which cannot manually be altered and retain the copy securely: electronically or in hardcopy.

B. Identity Document Validation Technology Checks

If you use the services of an IDSP (Identity Service Provider) for digital identity verification, holders of valid British or Irish passports (or Irish passport cards) can demonstrate their right to work using this method.

Remember – There is a cost associated with this type of check – providers can be found here.

C. Online – Home Office Right to Work Checking Service

1. View

Use the Home Office online right to work checking service (the View a job applicant’s right to work details on GOV.UK)

You will need the individual’s share code and their date of birth before you start the online check.

2. Check

Satisfy yourself that any photograph on the online right to work check is that of the individual presenting themselves for work.

3. Copy

Retain a clear copy of the response provided by the online right to work check.

What next?

Record Keeping

Retain a copy of your right to work checks (storing that response securely, electronically or in hardcopy) for the duration of their employment, and for two years afterwards.

You can use our Right to Work Compliance Checklist to record your processes and actions.

Follow Up

If you have correctly carried out your checks, you will have a statutory excuse against liability for a civil penalty if the prospective or existing employee is found working for you illegally. Phew!

However, you need to be aware of the type of excuse you have as this determines how long it lasts for, and if, and when you are required to do a follow-up check.

If the documents that you have checked and copied are from:

• List A: You do not have to conduct any further checks on this individual.
• List B group 1: You should carry out a follow-up when the document evidencing their permission to work expires.
• List B group 2: Carry out a follow-up check when this notice expires six months from the date specified in your Positive Verification Notice.

Useful Links & Documents

The Home Office have now issued a new employers guide on right to work checks, including revised List A and List B documents from 13^th March 2023.

Our Employment Details Forms also include the most recent right to work acceptable document lists.

Existing Worker Employment Details Form

New Starter Employment Details Form

We have also put together a Right to Work Checks flowchart which you may also find useful.

 

Clients are welcome to raise any concerns with their Consultant, who will be pleased to advise you on any element of the issues arising from this newsletter.  Please remember we are NOT immigration specialists as that is a very specific area of law, but right to work checks are a requirement for all employers to undertake as part of an employer’s legal employment statutory duties.

Many of us are busy striking items from our ‘Important and Urgent’ to do lists, as holidays approach, or business deadlines loom large. Thankfully, most of us have a degree of planning capability in our work lives, but one thing that we can never predict, is an incident or accident, which by their very nature tend to come out of the blue, meaning we need to drop everything and put on our investigators hat!

Carrying out an effective internal investigation is an often overlooked, but essential skill for Managers, who have to be able to investigate a whole range of issues, anything from discipline or grievance cases, accidents at work, through to customer complaints or quality failings.

Not conducting internal investigations can lead to significant challenges for your business, including potential legal liabilities, a decrease in employee morale due to perceived neglect of grievances, and damage to the Organisation’s reputation. We are in an era where negative news travels fast, and chances to identify and rectify identified systemic issues could be missed.

ACAS provide helpful guidance on how to investigate workplace investigations.  Although their focus is purely on employment matters, their summary of the principle stages is well worth applying.

ACAS 6 Steps to Conducting Workplace Investigations

1. Decide if an Investigation is Necessary: Not all complaints require a full investigation. Some can be resolved informally.
2. Plan the Investigation: Determine the scope, which should be proportionate to the allegation. Decide who will conduct it and what resources they’ll need.
3. Collect the Evidence: This includes documents, CCTV footage, or any other relevant materials. Interviews should be conducted with those involved and any witnesses.
4. Analyse the Evidence: Consider all the evidence impartially, and decide if it’s sufficient to make a decision.
5. Write a Report: Document findings, including all evidence, interview transcripts, and a conclusion. This will be crucial for any subsequent steps.
6. Decide on Action: After the investigation is complete, based on the report, determine if any action, such as disciplinary action, needs to be taken.

As a prelude to further action, which may vary from a customer complaint being upheld, through to commencing a formal disciplinary, dismissal or grievance process with your employees, getting your investigations wrong can have significance consequences.

Our Top Recommendations for Effective & Thorough Investigations

• Be Impartial and Objective: Investigators should not have any stake in the outcome. Consider third-party investigators if necessary.
• Maintain Confidentiality: Protect the privacy of all involved parties to the greatest extent possible.
• Document Thoroughly: Every step, from initial complaints to interviews and findings, should be meticulously recorded.
• Seek Expert Advice: When in doubt, consult with BackupHR to ensure the investigation is robust and compliant.

Being a good investigator is more of a science than an art and requires a good skills-set of listening and questioning skills, as well as a tenacious ability to get to the truth rather than assume what the outcome is, and then look solely for the evidence to support that theory.

We have given you some useful points to consider in this article, but to ensure you and your Managers are trained and skilled to competently deal with workplace investigations, you may want to consider booking yourself and/or your team onto our upcoming training course on this subject.

Conducting Investigations

Wednesday 18th October 2023 – Quy Mill Hotel & Spa, Quy, Cambridge

Equip your Managers with the principles and practical skills to conduct a thorough and fair investigation with confidence.

Registration and refreshments from 8.00 a.m., with the course commencing at 8.30 a.m. and finishing around 1.30 p.m., Lunch and refreshments provided.

The cost for this course will be £165.00 plus VAT per delegate, including lunch.   Preferential rates for clients

To reserve a place, contact Jackie Bolton, either by e-mail: jackie@backuphr.com or call 01480 677981.

 

 

Clients are welcome to raise any concerns with our team of Consultants, who will be pleased to advise you on any element of the issues arising from this newsletter.

Climate change and global warming are now regular topics on our news platforms of choice, with record breaking temperatures every month since January, give us a fair idea of what the British Summer has in store for us this year.

According to provisional Met Office figures, temperatures for June 2023 in the UK are the highest in a series since 1884, with England, Scotland, Wales and Northern Ireland all reporting their respective warmest June on record, topping out at 32.2°C.

True to form, as the weather heats up those of us who spend all of our time indoors at work will, in our spare time, be heading out into our gardens or up the coast in an attempt to soak up some sun.  In contrast, those employees that spend large amounts of time working outdoors have the opposite problem of making sure that their skin is not over exposed, and they keep well hydrated, especially when doing physical work.

So, what do the experts tell us about this periodic British opportunity of a potentially decent summer?

Sun Protection

The Health and Safety Executive (HSE) considers matters within the workplace, reminding organisations and Managers responsible for workers whose job keeps them outside for most of the day.  Their relevant leaflet INDG337: Sun Protection: Advice for Employers of Outdoor Workers gives advice on reducing the health risks for employees when they are working in the sun.

The leaflet advises outdoor workers to follow the sun protection six-point code:

1. Keep tops on to act as a barrier from the rays of the sun.
2. Wear a suitable hat, especially one with a brim or flap that protects the ears and back of the neck.
3. Stay in the shade wherever possible, especially at break times.
4. Use a high factor sunscreen on any exposed skin.
5. Drink plenty of water to avoid dehydration.
6. Check skin regularly for any unusual moles or spots, and see the doctor promptly if anything is changing in shape, size or colour, itching or bleeding.

Employers or Managers responsible for outdoor workers should make their workers aware of the above points, and especially:

• Include sun protection advice in routine health and safety training, as well as informing workers that a tan is not healthy but a sign that skin has already been damaged by the sun.
• Make sure that they drink plenty of water to avoid dehydration, siting water points and rest areas in the shade.
• Encourage workers to keep covered up with hats and long-sleeved shirts during the summer months, especially at lunch time when the sun is at its hottest.
• Encourage workers to use sunscreen with a sun protection factor (SPF) of at least 15.
• Consult with employees and take their views into account when introducing any new sun safety initiatives.

The HSE says, “UV radiation should be considered an occupational hazard for people who work outdoors” so this needs to be considered as part of any generic workplace risk assessment undertaken.

Heat Stress

Other workers that need to be considered are those that work in hot conditions all year round, but when there is additional summer heat, their environments can get even hotter.  These can range from professional kitchens, bakeries, laundries and boiler rooms through to heavy industrial processing activities, such as smelting or welding.  These workers are at risk of heat stress, which is when the body’s means of controlling its internal temperature starts to fail.  Air temperature, work rate, humidity and work clothing are all factors that can cause heat stress; the problem being is that it is not an obvious risk to people that are only passing through rather than actually working there.  Factors to reduce risks include:

• Control the temperature, e.g. fans or air conditioning.
• Provide mechanical aids to reduce work rates.
• Regulate the length of exposure, e.g. job rotation.
• Prevent dehydration encouraging people to drink small amounts frequently during and after working.
• Provide training about heat risks, symptoms of heat stress, safe working practices and emergency procedures. Make sure first aiders know about what to look out for and what treatment to provide as well.
• Allow workers to acclimatise to their environment, and assess whether they are fit to work.
• Identify those who may be more susceptible due to illness, a medical condition or medication that can bring on early onset of heat stress, e.g. pregnant women or those with heart conditions.
• Monitor the health of workers at risk and seek OH advice if necessary.

There are useful tools available to help you assess your stress heat risks, including a PDF checklist, at: http://www.hse.gov.uk/temperature/employer/heat-stress.htm.

Finally, for those that are simply suffering the heat in an office environment, there is no upper temperature limit that employers must adhere to.  However, the Workplace, Health, Safety & Welfare Regulations do require that working areas should be adequately ventilated with clean fresh air drawn from a source outside of the workplace with suitable circulation.  That can mean either opening windows to switching on the air conditioning.  Don’t forget that those air conditioning units need to be periodically serviced so that filters can be cleaned to reduce the risk of legionella.  High quality drinking water must be readily available to all workers.  Even workers that spend many hours in a vehicle driving can suffer with heat exhaustion, increasing the risk of accidents, so make sure that they carry plenty of fresh drinking water in their vehicles, switch on the air conditioning, and take appropriate rests, especially when driving at the hottest time of the day.

So, check that your risk assessments cover this welcome advent of the sun, and make sure that your control measures are adequate for all of your workers, indoors and out, and anywhere in between.

When all other reasonable measures are in place, extra drinks provided to staff and an arranged site visit from the local ice-cream van, with a complimentary 99, can all go a very long way to support and help your teams cope with the best of the British weather this Summer!

 

The BackupHR team will be pleased to advise you on any element of the issues arising from this newsletter.

Information contained within this newsletter was correct at the time of publishing.

The President of the Employment Tribunals has issued the annual update to the Vento guidelines, setting out the bands of awards for injury to feelings, payable in cases of discrimination at work, adjusted for inflation.

The new bands are: –

• lower band: £1,100 to £11,200 (less serious cases)
• middle band: £11,200 to £33,700
• upper band: £33,700 to £56,200 (the most serious cases)

Awards in the most exceptional cases may exceed £56,200. These updated figures apply to cases presented on or after 6 April 2023.

The lower band applies to ‘less serious cases’ where the act of discrimination is a one-off or isolated occurrence. The middle band applies to serious cases that do not fall within the higher band. The higher band applies to the most serious cases, for example, where there has been a lengthy campaign of discrimination and/or harassment.

Employment Tribunals have great flexibility to fix the compensation at what is fair and just in each case. They will consider all the evidence, including the claimant’s evidence about the impact of the discrimination on them, before deciding an appropriate award.

While the tribunal will assess the award of damages for injury to feelings in an objective way, the perception and the individual reaction of the claimant will be an important factor for the court to consider. The more upsetting the conduct is to the individual, the more seriously the discrimination is likely to be viewed, and the higher the award for injury to feelings. Where a one-off act of discrimination is particularly humiliating or serious, and the victim suffers serious consequences as a result, an award in the higher bands could be justified. A tribunal would require quite detailed evidence about the seriousness, before it would be prepared to award a high figure.

Claimants sometimes have unrealistic ideas about how much money they will be awarded.  Cases that make the news are there precisely because they are so unusual. A tribunal will take a measured and methodical approach when they assess how much to award, but it is hardly a science. There is little in the way of hard evidence about what is normal, but we believe that most awards fall into the lower category.

There were 200 discrimination cases where compensation was awarded in 2021/22. In 2021/22, Sexual Orientation Discrimination claims received the largest average award (£33,000) compared to other discrimination jurisdictions. The highest maximum award in 2021/22 was for Race Discrimination, at £228,000, which was an exceptional case.  These awards will include compensation for loss of employment which generally makes up a large proportion of the total amount with injury to feelings being on top.

An award for injury to feelings is meant to reflect how upset the employer made the claimant feel, not to punish the employer for how badly they have behaved. Fair treatment is a moral and legal duty, and employers have a responsibility to investigate and respond to any issue they become aware of, as well as taking all reasonable measures to protect employees from harassment and discrimination.

Having strong and unambiguous equal opportunity and dignity at work policies are powerful tools for preventing discrimination and harassment in the workplace. In addition to developing the right policies for their workplace, employers also need to make sure that everyone understands the policy (evidence is shown by training records) and that it operates effectively in practice. Policies and practices that amount to indirect racial discrimination may be justified only when the policy or practice is a proportionate way of achieving a legitimate business aim.

Actions:

• Educate all your workers about discrimination – this is done through meaningful training.
• Encourage workers to respect each other’s differences.
• Respond to any evidence or complaints of inappropriate behaviour.
• Deal with any complaints of discrimination promptly and confidentially.

It is essential for employers to be proactive and prevent discrimination from occurring in the first place. Claims are difficult and expensive to defend, so best avoided.

Finally, the Government is preparing to introduce, via the Equalities & Human Rights Commission (EHRC), a statutory code for employers, with the focus being on the prevention of sexual harassment.  Additionally, liability for third party (e.g. clients, customers, contractors, members of the public etc.) harassment (of all types) will rest with the employer from the first incident onwards, unless all reasonable steps had been taken.

In summary, the expectation in law will be in the future that employers must assess the risk of harassment, take reasonable preventative action to reduce such risks, and deal effectively with workforce complaints of harassment.

BackupHR have put together a training course entitled Dignity at Work (Harassment & Bullying).  If this is something you would be interested in running in house for your Managers and/or employees, please contact Jackie Bolton on 01480 677981 or drop her an email to jackie@backuphr.com for more information.

 

 

 

Our Consultants would be pleased to advise you on any element of the issues arising from this newsletter.