Right to Work Checks

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Author: Jackie Bolton

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 13th 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.

In a bid to further ramp up the pressure on immigration, the Government has substantially increased the penalties for both employers and landlords who, mistakenly or otherwise, hire or rent properties to illegal migrants.

The Home Secretary, Suella Braverman, recently confirmed an amendment in the penalty charges which are both eye-watering and of real significance for employers who are found to have taken on an illegal worker. These will come in next year.

The fine for employers will be increased to £45,000 per illegal worker for the initial breach, a steep rise from the previous £15,000.

For repeat breaches, this amount will escalate further to £60,000, up from £20,000.

The Home Office has also announced forthcoming consultations aimed at strengthening the actions against licensed businesses that employ illegal workers.

The statistics from the past few years are sobering. Since 2018, nearly 5,000 civil penalties have been issued to employers amounting to over £88 million in fines. Landlords too faced over 320 penalties, though the effect is considerably lower, adding up to just £215,500.

The emphasis from the Minister for Immigration, Robert Jenrick, is clear: “There is no excuse for not conducting the appropriate checks, and those in breach will now face significantly tougher penalties.”

As was the case before this, every employer should undertake the necessary checks to ascertain the legitimacy of their hires.

The Government is clearly taking a stance, stating that this policy has a number of aims:

  • Curbing illegal immigration: Illegal working opportunities and housing are significant attractions for migrants. This often becomes the premise used by people smugglers.
  • Ensuring fair competition: Employing illegal workers undercuts legitimate employers, depriving genuine job seekers of work opportunities.
  • Economic impact: Illegitimate hiring evades the tax system, negatively impacting the national economy.

Key Actions for Employers:

  • Revisit Recruitment Procedures: Ensure that your recruitment and vetting processes are stringent, updated, and in line with the new regulations. Above all, make sure proper Right to Work checks are carried out on all new employees.
  • Utilise the Home Office Online System: This check takes just five minutes and is available on the GOV.UK website.
  • Educate your Hiring/HR Team: Ensure that the people who recruit within your organisation are aware of the recent changes, and they know how to correctly carry out the necessary checks, prior to the applicant starting employment. This is key, as it is not uncommon that Line Managers are solely interested in getting new people started as soon as possible, and believe that right to work checks are just a tick box administrative exercise done only when there is time. This is now far from the case.
  • Regularly Audit Existing Employees: Regularly review and update the status of current employees to ensure compliance. It is easy for those with a time limited Right to Work to fall through the cracks. Although, the Government also announced in July, New Immigration Rules confirming that from September 2023, people with pre-settled status under the EU Settlement Scheme (EUSS) will automatically have their status extended by 2 years before it expires, if they have not already obtained settled status.
  • Stay Updated: Keep abreast of upcoming consultations and changes in the law to ensure ongoing compliance, such as the July announcement, as the Immigration rules are being regularly updated.
  • Seek Expertise: Seek advice from experts, and especially on the periodic reviews and audits to ensure that your business remains compliant.

A proper process for ensuring this happens with every new hire is crucial, the penalties are too large to ignore.

If you are in any doubt at all, give us a call. We are not immigration experts, so some questions may need to be referred to others, but our team is here to support you, ensuring that your recruitment process is both effective and compliant.

 

 

The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice. 

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.

Recent serious breaches of Data Protection have been reported this week in Northern Ireland and Scotland. In both cases, individuals have been put at risk because of inadvertent human error actions causing personal sensitive confidential data to be released.

The General Data Protection Regulation (GDPR) came into effect on 25th May 2018, with the goal of protecting personal data and upholding individual privacy rights within the European Union. Even with the UK’s exit from the EU, similar legal Data Protection principles have been maintained that employers in England and Wales must comply.

Potential Consequences of a GDPR Breach:

  • Financial Penalties: Non-compliance can result in the ICO imposing fines of up to £17.5 million, or 4% of the organisation’s annual global turnover for a substantial breach, and £8.7 million or 2% for a standard breach, whichever is the higher amount.
  • Reputation Damage: Breaches can lead to a loss of trust among customers and stakeholders, potentially harming long-term business prospects.
  • Legal Challenges: Individuals affected by the breach may seek legal recourse, leading to further financial burdens and negative publicity.
  • Operational Disruption: An investigation into a breach could interrupt daily business operations, causing delays and inefficiencies.

Actions to Take in the Event of a Data Breach:

The first rule, do not panic but do not ignore it, especially if it is a serious breach. Whether it is your customer’s credit card information, or your patient’s personal records, or your employees’ employment details, someone, somewhere can use the leaked information, and not for good.

  • Immediate Containment: Identify and isolate the breach to prevent further unauthorised access or dissemination.
  • Assessment and Documentation: Gather as much information about the breach as possible, including what data was affected, how the breach occurred, and who may be responsible.
  • Notify the Supervisory Authority: In England and Wales, report the breach to the Information Commissioner’s Office (ICO) within 72 hours of becoming aware of it, together with an action plan of how you propose to rectify the breach.
  • Inform Affected Individuals: If the breach poses a risk to individuals’ rights and freedoms, notify them promptly and provide guidance on protective measures they can take. If the individuals involved are your own employees, as in the case of the entire Northern Ireland police force, then the consequences and fall out from the breach must be tackled as an immediate priority, as staff are going to be really angry and distrustful. The negative ripple effect on staff morale and retention should not be underestimated.
  • Engage Legal and Forensic Experts: Seek professional advice to ensure that actions align with legal obligations, and gather evidence if needed. This is particularly important when the breach is as a result of IT hacking.
  • Implement Remedial Measures: Strengthen security measures to prevent future breaches, and restore systems to full functionality.
  • Monitor and Analyse Impact: Continuously monitor the affected systems and data to detect any ongoing or secondary threats.
  • Develop a Communication Strategy: Provide clear and accurate information to staff, customers, and stakeholders, and manage the public relations aspect of the breach.
  • Review and Update Policies and Procedures: Analyse the breach to understand underlying weaknesses, and update policies and training accordingly. Again, in the Northern Ireland Police case, why was all of that key staff information on a single Excel spreadsheet? Who had the authority to access that information?  Who authorised putting that spreadsheet onto a website, and if it was down to human error, were there checks in place to make sure that this did not happen?
  • Insure Against Future Risks: Consider investing in cyber liability insurance to mitigate potential financial consequences of future breaches.

The complex nature of data protection and corresponding legislation in England and Wales requires all organisations to take the acquiring, handling, storage and disposal of personal sensitive data very seriously. Investing in robust security measures, staff training, and preparedness planning can mitigate the risks and help organisations navigate the challenging landscape of data protection compliance.

By understanding the dangers of a data protection breach, especially involving your own staff, and following the outlined actions stated above, mean that organisations can not only respond effectively to breaches, but also foster a culture that prioritises data privacy and security so that breaches, whether due to human error, deliberate or criminal, simply do not happen.

 

The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice. 

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.

Even though we’re a small business, having immediate access to BackupHR’s up to date knowledge and expertise has been invaluable. We have no hesitation in recommending them to anybody who’s considering working with an HR consultancy.

Their team navigates the complexities of employment legislation on our behalf, so their support is an essential part of our business. Having access to Cathy and the team, especially the annual face to face meeting, has given us reassurance and peace of mind.  A Norfolk Client

During last month, several new employment laws were given Royal Assent. This does not mean that they are now law, but they will be. But it normally takes at least 12 months for such legislation to come into force, so we are not talking any earlier than April 2024 implementation dates.

Each of these give important new employee rights which employers need to prepare for – the good news is that there is plenty of time. Here is a summary of what you can expect.

The Protection from Redundancy (Pregnancy & Family Leave) Act

Legislation that extends the protection that employees on maternity leave already enjoy with regards to redundancy.

As part of a redundancy programme, employers currently have to offer those on maternity leave priority over other employees that may also be at risk of redundancy, regarding any opportunities for suitable alternative work positions that may exist. The idea being that this should provide them with a greater possibility of remaining in employment.

Once this law comes into effect, employees on adoption/shared parental leave will also enjoy greater protection, as well as employees who have recently suffered a miscarriage.

Just as importantly, the period the protection is effective for those on maternity leave has been extended. It will apply from the point the employee informs the employer that she is pregnant, whether verbally or in writing, and will end 6 months after returning from maternity or adoption leave, although the exact length of the full period of protection has yet to be clearly defined, especially if the employee chooses not to take their full 12 month leave entitlement. So, this is one that requires further clarification.

This protection does not extend to anyone taking Paternity leave.

The Carer’s Leave Act

This new law has been widely trailed. It gives every employee an entitlement of one week’s unpaid leave per year for those who have a dependant with a long-term care need.

As it is a first-day right, it will be available to employees from the first day of their employment. And, there is no requirement to provide evidence other than self-certification. Carer’s Leave can be used for any type of care, such as taking someone to hospital appointments, or assisting with financial matters.

While there is no restriction on how the leave is used, who is a ‘dependant’ will be tightly defined. And while employers might feel it is an unnecessary burden, it is unpaid so it will not necessarily provoke a stampede to take up.

Once the law is in place, it will be important for employers to review their handbooks and policies to explain what notice employees need to give and how they can get access to such leave.

The Neonatal Care (Leave & Pay) Act

The final new piece of legislation applies to parents of babies who are severely ill at birth.

These are defined as babies admitted into hospital aged 28 days or less, and stay for a continuous period of at least 7 days. This will normally apply to most premature babies, but also others born who are then discovered to have serious health conditions.

Parents will have a right to a maximum of 12 weeks leave. This has to be taken in one block at the end of maternity/paternity leave, though we do not yet know how this will work with shared parental leave.

Again, the right to take the neonatal leave will be a day one right, available from day one of employment. However, pay is a different matter – statutory neonatal pay will be subject to 26 weeks’ service, with employees earning above the lower earnings limit (currently £123 per week).

Though it says that notice will need to be given, common sense says that there will be times when this is not possible, when leave has to be taken soon after the hospital admission. Normally, one week’s notice will be needed where leave begins sometime after the baby has been admitted.

The Next Stage

Detailed regulations for each of these new laws now needs to be announced.  And we do not expect that to happen in 2023.

As soon as they are, we will update everyone again, as these are significant changes. Not only will employers need to understand them, they will need to make sure the staff do too.  The problem is that often the guidance on how these new laws are intended to work is often not published until very close to, if not the day before, the law comes into force.  There will, however, be plenty of coverage of what is likely to be involved nearer the time.

 

 

 

The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice. 

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.

Just as the Government appears to be coming to a new agreement with the EU over the Northern Ireland protocol, focus is now shifting onto the so-called “bonfire of EU laws” that the Government is proposing by the end of this year.

And, in particular, what effect this will have on Health and Safety Law, as much of our current regulations are based on EU law, and there is simply no time to enact new laws to cover the current very detailed provisions provided by Europe.

Employers, however, should not think that Health and Safety Law will simply cease to exist by the end of this year. Many experts predict that, in the absence of any new regulations, that current EU law will move to the status of guidance when considering the application of our own Health and Safety at Work Act, HSWA,1974.

Certainly, the Health and Safety Executive (HSE) have already indicated that there will be no difference in their approach, and they will rely on the current rules and regulations to continue to guide them in the future while expecting employers to do the same.

It might be helpful to list those areas of legislation that will be affected. Because if the Bill is adopted, then most regulations around Health and Safety will cease to be law on 31st December 2023. This is because they are derived from EU law.

Included in this are some very crucial parts of current regulations:

  • Management of Health and Safety at Work Regulations 1999 (including the legal duty to undertake ‘Risk Assessments’ and the appointment of a ‘Competent Person’ requirements)
  • Workplace (Health, Safety and Welfare) Regulations 1992
  • Manual Handling Operations Regulations 1992
  • Health and Safety (Display Screen Equipment) Regulations 1992
  • Provision and Use of Work Equipment Regulations 1998
  • Personal Protective Equipment at Work Regulations 1992, amended 2022
  • Not forgetting some more specialist regulations such as:
    • The Construction (Design and Management) Regulations 2015 (CDM)
    • The Work at Height Regulations 2005
    • The Control of Substances Hazardous to Health Regulations 2002
    • And for things like Asbestos handling and disposal

And, in case you were wondering whether this will undermine the HSE, their duties, as well as all of the principles of our current health and safety management requirements, are already set out in the HSW Act. And, employers will continue to be responsible for the health, safety and wellbeing (the more modern term for welfare) of employees and others affected by their operations, both acts and omissions.

Such a situation is clearly a double-edged approach. In the short term, there will be uncertainty over what the precise new requirements are.

And, there is some talk that the Lords will slow the progress of this Bill down, or the Government may decide to continue with some regulations until as late as 2026, giving much more time to adapt.

In the medium term, there will be uncertainty over how the Courts will interpret health and safety law going forwards, and in the long term, there will be the opportunity for the UK to develop its own health and safety regulations, almost certainly modelled on what we have already.

The UK already has a strong and robust health and safety record, certainly one that compares very favourably to our continental counterparts, and globally our health and safety legal standards are acknowledged to be one of the best in the world.

Like most things around Brexit, no one quite knows how everything will play out over the coming years, but one thing is certain. Organisations and employers will continue to be required to meet their legal obligations under health and safety. And, they should not change their approach any time soon.

 

 

The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice. 

Statutory Figures

The annual increase in compensation limits has been announced on the same day as the Budget announcement. The limits apply to dismissals, including redundancies, occurring on or after 6th April 2023.

  • £643.00 – the maximum amount of a week’s pay for calculating statutory redundancy pay and the basic award; (up from £571.00);
  • £19,290.00 – the maximum statutory redundancy payment or basic award, i.e. 30 weeks (up from £17,130.00);
  • £105,707.00 – the maximum compensatory award which can be made for unfair dismissal (up from £93,878.00) or one-year’s gross pay whichever is the lower;

These increases mean that the maximum total unfair dismissal award is now £124,997.00; 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 £35.00 (up from £31.00) 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 6th April 2023.

 

 

 

 

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