Employment Law and the Election

navigating the maze

Employment Law and the Election 2024

As a business owner and consultant advising employers on employment law I was pleased to find that my professional body the CIPD has summarised the employment law promises from the three largest parties going into the election.

It got me thinking how much is at stake here. Looking just at the employment agenda’s there will be a lot of work to generate all of these laws and regulations, let alone the burden on employers to consult, write and implement the policies that accompany them. Not to mention the additional costs and burdens on the payroll and reduction of available working time from people within the business.

If you own and run a business like me, we should also be taking a close look at the proposed financial and business support strategies being promised before making up our minds how to vote.

CIPD Article

Prime Minister Rishi Sunak has announced that a general election will be held on 4 July. Here, we run through the main political parties’ positions on workplace reform. 

This has been updated following the release of an updated version of Labour’s “Plan to Make Work Pay: Delivering A New Deal for Working People”. 

Labour 

  • Day-one rights: Remove qualifying periods for basic rights like unfair dismissal, sick pay, and parental leave so they become day-one rights. 
  • Single status of “worker”: Remove current distinction between employees and workers so that all workers are afforded same basic rights and protections, eg sick pay, holiday pay, parental leave, protection against unfair dismissal, etc. 
  • Strengthen rights: Strengthen existing rights and protections, including for pregnant workers, whistle-blowers, workers made redundant, workers subject to TUPE processes and those making grievances; reinstate School Support Staff Negotiating Body; encourage employers to sign up to “Dying to work” charter to support workers with a terminal illness. 
  • Self-employment: Be given a right to a written contract. 
  • Raise wages for workers: Remove age bandings used in current system; reform role of the Low Pay Commission including requiring them to take cost of living into consideration when recommending rates; ensure travel time in sectors with multiple working sites is paid; act on ‘sleep over’ hours in sectors like social care; ban certain unpaid internships; create Fair Pay Agreements in adult social care; ban unpaid internships except as part of education/training course. 
  • Sick pay: Strengthen statutory sick pay (SSP), make it available for all workers and remove the waiting period. Rate to represent fair earnings replacement. 
  • Tips: Strengthen the law to ensure hospitality workers receive their tips in full and workers decide how tips are allocated. 
  • Close pay gaps: Publication of ethnicity and disability pay gaps to be mandatory for firms with more than 250 staff. 
  • Tackle harassment: Require employers to create and maintain workplaces and working conditions free from harassment, including by third parties. 
  • Flexible working: Making flexible working the default from day one for all workers except where it is not reasonably feasible. 
  • Family-friendly: Make parental leave a day one right; introduce right to bereavement leave; make it unlawful to dismiss pregnant employees for six months after return from maternity leave except in specific circumstances. 
  • Caring responsibilities: Review implementation of carer’s leave and examine benefits of introducing paid carer’s leave. 
  • Zero-hours contracts: Ban “one-sided” flexibility; anyone working regular hours for 12 weeks or more will gain right to a regular contract to reflect hours worked; and all workers to get reasonable notice of any change in shifts or working time, and recompense for cancelled shifts. 
  • Fire and re-hire: Improve information and consultation procedures by replacing statutory code of practice introduced by current Government with a stronger one; adapt unfair dismissal and redundancy legislation to prevent workers being dismissed for not agreeing to a worse contract. 
  • Wellbeing: Support wellbeing of workers and their long term physical and mental health, assess whether existing regulations and guidance is adequate to support and protect those experiencing the symptoms of long Covid. 
  • Menopause: Require large employers with more than 250 employees to produce Menopause Action Plans. 
  • Right to switch off: Introduce a new right to disconnect and protect workers from remote surveillance. 
  • Artificial intelligence: Work with workers, trade unions, employers and experts to examine what AI and new technologies mean for work, jobs and skills. 
  • Update trade union laws: Strengthen trade union right of entry to workplaces; simplify process of union recognition; strengthen protections for trade union reps; and new duty on employers to inform workforce of right to join a union in their written contract. 
  • Enforcement rights: Extend time limit for bringing Employment Tribunal claims to six months; simplify enforcement of equal pay; establish a single enforcement body to enforce worker rights. 

  Conservatives 

  • Continue current agenda: Neonatal care leave and pay; reform of industrial action laws; Back to Work plan including proposed reform of fit notes; reform of umbrella company market; continue with National Disability Strategy; address definition of “sex” in Equality Act 2010; reintroduction of employment tribunal fees; reform of non-compete clauses; proposed reform to TUPE; right to paternity leave after bereavement. 
  • Bills currently being debated: Various including Bullying and Respect at Work Bill; Fertility Treatment (Employment Rights) Bill; and Unpaid Trial Work Periods (Prohibition) Bill. 

Liberal Democrats 

  • Parental leave reform: Give all workers, including self-employed parents, a day-one right to parental leave and pay. Each parent would get six weeks of “use-it-or-lose-it” leave, with 46 weeks of parental leave to share between themselves as they choose. After the initial six weeks, parental pay would be £350 per week. 
  • Increase paternity pay: Increase paternity pay to 90% of earnings, with a cap for high earners. 

Navigating the Festive Season: Employee Engagement Strategies

Keeping employees engaged can sometimes be a strenuous task, especially during the holiday season… but not to worry, here are a few strategies that can aid in motivating employees through the festive season.

  • Flexible scheduling:

We all know that the holiday season comes with personal commitments, therefore offering flexible schedules or remote work options can demonstrate understanding and support for your employees’ work-life balance. This flexibility allows them to manage their responsibilities while enjoying the holiday season.

  • Team building activities:

Organize holiday-themed team-building activities to promote camaraderie and boost morale. Whether it’s a virtual Secret Santa, a festive decorating contest or a potluck lunch. Not only will these activities create a sense of unity and shared celebration among your team but is also the thing to get everyone in the holiday spirit and covert a holiday ‘Grinch” or two.

  • Express gratitude:

Taking the time to express appreciation for your employees’ hard work throughout the year can make employees feel valued and recognized. A personalized note, a small token of appreciation or a heartfelt holiday message will do just the trick and go a long way.

  • Holiday Décor and Atmosphere:

Transform the workplace into a festive and welcoming space. To create an overall atmosphere that reflects the joy of the season, decorating the office or playing holiday music will do just that. A visually appealing and festive environment can positively impact the mood and energy in the workplace.

  • Encourage Time Off:

Recognize that everyone deserves a break during the holiday season and encourage employees to take the time they need to rest and recharge. This will contribute to their well-being, help in maintaining productivity and prevent burnout in the long run.

  • Share Success and Goals

Reflect on the achievements of the year and set positive expectations for the upcoming one. By sharing the success stories and discussing future goals will give employees a sense of purpose and collective accomplishment, which motivates employees to stay engaged and committed.

By implementing these strategies, you can create a workplace that not only acknowledges the holiday season but actively embraces it as an opportunity to strengthen team bonds and boost employee morale. Ultimately, a festive and supportive work environment contributes to a positive company culture that lasts beyond the holiday season.

Mental Health Awareness Week

This week is Mental Health Awareness week, and this year the Mental Health Foundation is focussing on anxiety.

All of us will have felt anxiety at one time or another, sometime during our lives

Anxiety is a normal emotion in us all, but sometimes it can get out of control and become a mental health problem.

Lots of things can lead to feelings of anxiety, including exam pressures, relationships, starting a new job (or losing one) or other big life events. We can also get anxious when it comes to things to do with money and not being able to meet our basic needs, like heating our home or buying food.

Anxiety is one of the most common mental health problems we can face. In a recent mental health survey we carried out around stress, anxiety and hopelessness over personal finances, a quarter of adults said they felt so anxious that it stopped them from doing the things they want to do some or all of the time. Six in ten adults feel this way, at least some of the time. On a positive note, anxiety can be made easier to manage.

Focusing on anxiety for this year’s Mental Health Awareness Week will increase people’s awareness and understanding of anxiety by providing information on the things that can help prevent it from becoming a problem. At the same time, we will keep up the pressure to demand change – making sure that improving mental health is a key priority for the government and society as a whole.

If your feelings of anxiety are not going away, are having a negative impact on your life, or often prevent you from doing things you need or want to do, seek support. Speak to your GP or healthcare professional about the support available in your area or contact a helpline service.

Anxiety UK

Anxiety UK was established in 1970 and is run by and for those with anxiety, offering an extensive range of support services designed to help support those affected by anxiety disorders, anxiety and anxiety-based depression.

Services available include:

Helpline services – 03444 775 774, open from 9:30am to 17:30pm Mon to Friday, along with a text service 07537 416905 and ‘Ask Anxia’ chatbot service, available 24/7 for all anxiety queries at anxietyuk.org.uk.

Anxiety UK also offer fast access to a range of psychological therapy services, including counselling, Cognitive Behavioural Therapy (CBT), Compassion Focused Therapy (CFT), clinical hypnotherapy & Eye Movement Desensitisation and Reprocessing (EMDR) therapy, with appointments available in person, online and by telephone.

Anxiety UK also run a range of courses and groups including a popular Art for Anxiety Relief (AfAR) course, anxiety management courses, and online peer-led anxiety support groups.