Employment Contracts

05 04 2024

New legislation on flexible working becomes law tomorrow – 6th April 2024 |Consensus HR | Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General #bedfordshirebusinesses, #consensushr, #flexibleworking, #hertfordshirebusinesses, #networkinbeds, #outsourcedemploymentlaw, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Did you know? The Right to request Flexible Working, starts tomorrow.

New legislation comes into force tomorrow (April 6th) that is designed to encourage more discussion about the possibility of flexible working between employers and their respective employees. Under the terms of the new Flexible Working bill, staff can request flexible arrangements from their very first day on the job – and research conducted among 1,000 UK desk workers by AI-powered platform for work, Slack, indicates that more than half (55%) of the UK workforce will request flexible working hours when the new laws come into effect. Businesses are being advised to prepare themselves for an influx of requests. Chris Mills, Global Head of Customer Success at Slack, said: “The way we work, and employees’ expectations about work, have fundamentally changed over the past few years and flexibility is a key part of that. The research shows it’s an important consideration for people today, and the Flexible Working Bill has brought it back into focus for employees and management.”

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People Management

Our HR Comment: New legislation on flexible working becomes law tomorrow – 6^th April 2024 |Consensus HR | Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “The long discussed change to Flexible Working starts tomorrow, Saturday 6^th April 2024 and as indicated in this article from a number of media channels it is anticipated that a large number of employees are going to put in their request, to work flexibly. Employers need to ensure that they have read their companies Flexible Working Policy and that their teams are fully aware of the changes and what is expected by the employer should anybody wish to exercise their right to request a change. As discussed, changes include the right to request from day one of employment, able to request twice a year and changes to the way members of the team apply. Business Owners / Managers need to ensure that when they receive a request that it is managed correctly, fairly and reasonably and to best practice and the law.”

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New legislation on flexible working becomes law tomorrow – 6th April 2024 |Consensus HR | Herts, Beds

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Are you concerned about keeping your business up to date with Employment Law changes?

If your business always wishes that it works in all areas to the benefit of the team and company and as an employer of choice, give us a call or email now for a non-obligatory chat. Consensus HR | Your Outsourced Human Resources and Employment Law Department | “Helping companies take the pain out of managing people whilst Preventing People Problems.” 01438 576750

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27 02 2024

More than 500 businesses fail to pay minimum wage | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Payrol #bedfordshirebusinesses, #consensus hr, #consensushr, #hertfordshirebusinesses, #minimumwage, #outsourcedemploymentlaw, #payroll, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

More than 500 businesses, including Greggs and Harrods, failed to pay some of their employees the minimum wage, according to a list released by the Department for Business and Trade. The analysis, which covers breaches between 2015 and 2023, shows that recruitment agency Staffline topped the list for failing to pay 36,767 workers correctly, while Estée Lauder failed to pay £894,980 to almost 6,000 workers. The report shows that 524 employers have repaid more than 172,000 workers almost £16m, plus an additional penalty, for breaches in paying the statutory national minimum wage. Kevin Hollinrake, the minister for enterprise, markets and small businesses, said: “Employees deserve to get paid properly for the hard work they put in.” Caroline Harwood, an employer tax partner at BDO, said: “It’s always a bit of a shock to see so many well-known names appearing on HMRC’s list of employers who have been found to be in breach of national minimum wage rules.”

The Times

Our HR comment: – More than 500 businesses fail to pay minimum wage | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This never ceases to amaze me, the amount of companies that fail to pay the minimum wage considering our wages are one of the main things we all work for. However, it can also be easier said than done and hence why, the importance of ensuring yearly salary reviews take place, to give businesses the opportunity to make sure all members of the team are paid adequately.

Generally wage increases happen in April each year and is publicised extensively by the Government so as to ensure that all businesses have the information to make any changes needed. The Government has announced the rates of the National Living Wage (NLW) and National Minimum Wage (NMW) which will come into force from April 2024. In doing so, it has accepted in full the recommendations of the Low Pay Commission.

The rates which will apply from 1 April 2024 are as follows:

	NMW Rate	Increase in pence	Percentage increase
National Living Wage (21 and over)	£ 11.44	£ 1.02	9.8%
18-20 Year Old Rate	£ 8.60	£ 1.11	14.8%
16-17 Year Old Rate	£ 6.40	£ 1.12	21.2%
Apprentice Rate	£ 6.40	£ 1.12	21.2%
Accommodation Offset	£ 9.99	£ 0.89	9.8%

Gov.Uk

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If you ever need to discuss your current payroll for the team and to ensure you are paying the legal and market rate, give us a call now for a non-obligatory chat on how Consensus HR can help you and your business. Consensus HR | Your Outsourced HR Department – 01438 576750 | “Helping companies take the pain out of managing people whilst Preventing People Problems.”

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Employee, Worker or Self-Employed … What’s the Difference

07 02 2024

Determining an Individuals Employment Status | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General #bedfordshirebusinesses, #consensus hr, #consensushr, #employmentstatus, #herrtfordshire, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Plastic Omnium Automotive Ltd v Horton – Employment status: Legal test:

Summary:

When determining an individual’s employment status, it is always important to return to the tests set down in the law as shown in Plastic Omnium Automotive Ltd v Horton.

Law:

Employment status has been the subject of much debate over the years, and a number of significant cases have been brought in an effort to determine where the line lies when it comes to employees, workers, and those not in an employment relationship.

The legal definition of the various status’ can be found in the Employment Rights Act 1996 (ERA 1996). Section 230. Under this, an “employee” means an individual who has entered into or works under a contract of employment.

A “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.

The worker relationship has a number of key characteristics, including the lack of mutuality of obligation between the worker and the employer, and the need to perform the services personally. As a worker, an individual does enjoy some basic employment rights such as statutory sick pay, minimum wage and the right to take paid holiday. The legal test to be applied is as follows:

Has the individual entered into a contract to personally perform work or services for another party to the contract? If not, they cannot be a worker.
Is the other party to the contract a client or customer of the individual’s business? Again, if they are then the individual is not worker.

Facts:

The claimant was engaged through a service company to provide services to the respondent. Along with another, the claimant was a shareholder of the service company from which they drew salary and dividends.

The service company and the respondent had in place a written contract. Under that contract, the claimant could not provide a substitute in his place although in reality, this happened for some time. The contract also clearly stated that there was no employment contract in place and the claimant was not entitled to holiday or sick pay. However, the daily fee charged by the service company for the services of the claimant included a sum in respect of holiday.

Under the arrangements the respondent provided the claimant with the IT equipment needed to perform his role, a company email address and an office access card. He also reported into one of the respondent’s directors, was required to work set hours and attend training provided by the respondent. In essence, the claimant was treated the same as any other employee of the respondent, other than that he was not subject to the appraisal or disciplinary process. He was required to sign in and out of buildings, as did employees of the respondent, and requested leave in the same way as employees.

An issue arose between the claimant and the respondent. The claimant brought a claim before an employment tribunal that he was an employee, or a worker, and that the respondent had unlawfully deducted his wages by failing to pay him.

Employment Tribunal (ET):

The ET held that whilst not an employee, he was a worker because he was integrated into the respondent’s business and the relationship between the claimant and the respondent operated with the claimant in a subordinate position. The respondent provided the claimant with IT equipment, an email address and he was required to work regular hours and report to one of the respondent’s directors.

The claimant was awarded £28,500 in unlawfully deducted wages.

Employment Appeal Tribunal (EAT):

On appeal the EAT disagreed and found that he was neither an employee nor a worker. There was no contract between the claimant and the respondent, so he did not satisfy the first part of the test for worker status which would have required the claimant to have entered into a contract personally with the respondent. The contract in place was between the service company and the respondent and it was reflective of the working relationship between the claimant and the respondent. Also, whilst the claimant was well integrated to the respondent’s company, the EAT found that this did not mean that the other factors should be ignored.

As a result, the appeal was allowed and the EAT concluded that in this case there was no employment status.

Note for employers:

This case is a reminder of the need to always return to the legal test when determining questions of status. The context of this case along with numerous factors could be argued to indicate some form of employment status. So much of the day-to-day operation of the work performed by the claimant for the respondent was similar, even identical to that of the respondent’s own employees. But in returning to the legal test applied to questions of status, i.e. has the individual entered into a contract under which they undertake to personally perform work or services for another party to the contract, and is the other party a client or customer of the individual’s business – it is clear that employment was not at the heart of this contract.

HRInform-Feb24

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What is your Employment Status?

Do you get concerned about the legalities / best practice when it comes to employing a member of the team and do not know which way to turn? We offer a non-obligatory option to discuss. Give us a call now. We are an Outsourced HR & Employment Law company who work with businesses that wish to provide the resources of an HR Department with unlimited telephone and emails provided for a monthly retained fee. Consensus HR | Your Outsourced HR & Employment Law Department – “Helping companies take the pain out of managing people whilst Preventing People Problems – 01438 576750”.

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23 01 2024

UK judge rules against FCA manager who wanted to work from home | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General #bedfordshirebusiness, #consensus hr, #consensushr, #flexibleworking, #hertfordshirebusinesses, #herts, #hybridworking, #outo, #stevenge, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

This case took place in Croydon – Case Number: 2302739/2023 and the full Judgment can be ready by clicking here.

Elizabeth Wilson, a senior manager at the Financial Conduct Authority, has had her demand to work from home full-time quashed by a judge, who said the regulator was within its rights to deny the request. Judge Robert Richter wrote in a judgement made last month and only just published: “It is the experience of many who work using technology that [remote working] is not well suited to the fast-paced interplay of exchanges which occur in, for example, planning meetings or training events when rapid discussion can occur on topics.” He also pointed to “a limitation to the ability to observe and respond to non-verbal communication which may arise outside of the context of formal events but which nonetheless forms an important part of working with other individuals.” Lawyers said they expect more legal disputes over the issue as employers increasingly demand staff spend more time in the office.

Our HR Comment: UK judge rules against FCA manager who wanted to work from home | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is an interesting story and we wait to see what affect it has on other people wishing to work from home full time since the Pandemic and now businesses wishing their teams to come back to the office. At Consensus HR, we have worked with a number of clients and their teams who have put in flexible working requests to work from home full time or for a few days a week and companies need to ensure that they manage these requests correctly to best practice and the law – Flexible Working Application pursuant to s.80F of the Employment Rights Act 1996 (as amended) (“the Act”). “

We have written a number of blogs on this subject which can be accessed by clicking on the link below:

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22 01 2024

Employment Law Updates – 2024 | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Contracts, Employment Law, General, Handbook, Investigations, Training & Development @sg1, #bedfordshirebusiness, #consensushr, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Employment law dates at a glance – 2024

What are the planned Employment Law changes for this year and beyond?

Employment Law Updates – 2024 | Consensus HR – Herts, Beds

Our Chartered Instituted of Personnel & Development (CIPD) have collated all the forthcoming Employment Law changes and Consensus HR by working with its monthly retained clients will be ensuring that all our clients Employee Handbooks and HR Policies & Procedures are kept up to date whilst providing HR & Employment Law support as required.

Did you know? Our monthly retained HR clients for a monthly fee never have to worry about the ever changing Employment Law as their employee handbooks are updated automatically and members of the team informed? If you are interested, give us a non-obligatory call now – 01438 576 750 and talk to a member of the team. Let us, help you to Prevent People Problems.

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Forthcoming changes

This table shows forthcoming changes. See the forthcoming legislation in-depth page and relevant employment law topic for more information on these new statutes and amendments.

Employment Law Updates - 2024 | Consensus HR - Herts, Beds

31 January 2024 (at the earliest)

If approved by parliament, the draft Immigration (Health Charge) (Amendment) Order 2023 (the IHS Order 2023) will increase the immigration health surcharge in 2024. This will come into force 21 days after being confirmed by parliament.

31 March 2024

All leave carried over due to it being unreasonable to take it due to covid must be taken by this date.

1 April 2024

The National Living Wage age band will be expanded to include workers aged 21 and over. The National Living Wage and National Minimum Wage rates will rise as follows. • The National Living Wage (for people aged 21 or older) will increase from £10.42 to £11.44 per hour. • The National Minimum Wage for workers aged 18–20 will increase from £7.49 to £8.60 per hour. • The young workers rate for workers aged 16–17 will increase from £5.28 to £6.40 per hour. The apprentice rate for apprentices under 19, or over 19 and in the first year of the apprenticeship, will increase from £5.28 to £6.40 per hour.

1 April 2024

Changes to holiday rules For holiday years beginning on or after this date, holiday entitlement for part year and irregular hours workers can be calculated by taking 12.07% of the hours worked in the pay period. Rolled up holiday will also be permissible from this date for part year and irregular hours workers only.

6 April 2024

The Flexible Working (Amendment) Regulations (SI 2023/1328) come into force and remove the requirement for employees to have at least 26 weeks’ service to be entitled to make a flexible working request.

6 April 2024

Subject to parliamentary approval, the draft Carer’s Leave Regulations 2024 will introduce a new statutory right to unpaid carer’s leave for employees in England, Wales and Scotland.

6 April 2024

Subject to final parliamentary approval, the draft Paternity Leave (Amendment) Regulations 2024 will make significant changes to paternity leave, allowing it to be taken in the first 52 weeks after birth or adoption, and in two separate weeks. This will apply in relation to children whose expected week of childbirth is after 6 April 2024, and children whose expected date of placement for adoption, or expected date of entry into Great Britain for adoption, is on or after that date.

6 April 2024

Subject to parliamentary approval, the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 will extend redundancy protection during pregnancy and for the period of 18 months after the birth or placement of a child for those taking maternity, adoption or shared parental leave.

April 2024

Proposed new rate for statutory leave and pay, including statutory shared parental, maternity, adoption, paternity and parental bereavement pay is proposed to rise to £184.03.

April 2024

Proposed new rate for statutory sick pay from April 2024 is £116.75.

1 July 2024

The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 bring in new rules permitting employers to consult directly with staff affected by TUPE, rather than electing representatives, will apply to businesses with 50 or fewer employees or transfers involving 10 or less employees. Government outlines changes to holiday pay and EU retained law

Further anticipated Employment Law changes..... What further Employment Law changes can be expected in 2024 and beyond?

September 2024 (expected)	The Workers (Predictable Terms and Conditions) Act 2023 and secondary regulations are expected to come into force approximately one year after Royal Assent, which was given on 8 September 2023. The Act will give eligible workers and agency workers the right to request more predictable terms and conditions of work.
October 2024 (expected)	The Worker Protection (Amendment of Equality Act 2010) Act and relevant secondary legislation is expected to come into force, introducing a new proactive duty for employers to take reasonable steps to prevent sexual harassment of their employees. Employers will be required to take ‘reasonable steps’ to prevent sexual harassment. Tribunals will also have the power to uplift sexual harassment compensation by up to 25% where an employer is found to have breached this new duty.
To be confirmed	Legislation will be introduced to make significant changes to paternity leave, allowing employees to take it within the first year after the birth of the baby, divide the leave into two blocks, and give 4 weeks’ notice of the dates on which leave is to be taken. Major changes planned for paternity leave
To be confirmed	A new statutory code on “fire and re-hire” to be introduced. Dismissal and re-engagement (fire and re-hire) toolkit
To be confirmed	New law prohibiting confidentiality clauses in contracts or settlement agreements from preventing disclosures to the police, regulated health and care or legal professionals to be introduced. Settlements and settlement agreements
To be confirmed	New law requiring confidentiality clauses to set out their limitations to be introduced. New confidentiality clause legislation confirmed
To be confirmed	New law to increase the break needed to end continuous employment from one week to four weeks to be introduced. Continuity of service
To be confirmed	Regulatory exemptions from requirements such as gender pay gap reporting will be extended to businesses with fewer than 500 employees; currently this applies to businesses with under 250 employees. Government promises to free growing businesses from red tape
To be confirmed	GDPR will be replaced with a ‘common sense’ data protection system. Further details of the proposed new scheme is yet to be released. Data protection
To be confirmed	A new law proposed by the government will limit the length of non-compete clauses to a maximum of three months. C hanges to EU derived law and non-compete clauses announced

HRInform – Jan-24

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Keep people safe from future dangers of asbestos | Consensus HR - Herts, Beds

15 01 2024

Government publishes draft paternity leave regulations | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Handbook #bedfordshirebusiness, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, #outsourcing, #paternity, bedfordshire, Business, Business Owners, employment law, hertfordshire, HR, HR Consultant, HR Consultants, HR Support, SME, SME's, stevenage

We reported previously that the Government had committed to amending the current legislation on parental leave following a consultation to which it had received 185 responses.

Now it has published a draft Statutory Instrument (SI), the Paternity Leave (Amendment) Regulations 2024.

Although the adopted version of this SI has still to be published, none of the main terms are likely to be changed before it comes into force on 8 March 2024.

The draft regulations set out changes to the way in which the statutory entitlement to paternity leave is exercised, by amending the Paternity and Adoption Leave Regulations 2002; the Paternity and Adoption (Adoption from Overseas) Regulations 2003; and the Paternity, Adoption and Shared Parental Leave (Parental Order Cases) Regulations 2014

The amendments make changes to requirements relating to notice and evidence, the period within which paternity leave must be taken, and the existing requirement that paternity leave be taken in one continuous period.

The main changes include the following.

Amendments will take effect in relation to children whose expected week of childbirth is after 6 April 2024, and children whose expected date of placement for adoption, or expected date of entry into Great Britain for adoption, is on or after that date.
Provision is made for situations where an employee has served a notice or provided information or a declaration under the provisions in force prior to the coming into force of these regulations. The employee will be deemed to have complied with any requirement in the amendments in these regulations to provide that information, declaration or notice.
An employee will be allowed to choose to take either two non-consecutive weeks’ paternity leave (birth), or a single period of either one week or two weeks. The period in which paternity leave (birth) must be taken is extended from 56 days after the birth of the child, to 52 weeks after the birth. Similar amendments are made in respect of paternity leave (adoption).
Details are given of the notices and evidence of entitlement an employee must give to an employer in order to take paternity leave (birth). This includes provision for an employee to vary any leave dates notified previously. Similar provision is made in relation to paternity leave (adoption).

Employment Law

HRInform

Our HR comment: Government publishes draft paternity leave regulations | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is a minor change to the current law and to make Paternity leave more flexible and employee friendly when celebrating the arrival of their baby. The main difference is the period that the employee can take their Paternity leave being 52 weeks and will need to be managed appropriately by their manager / company as it is currently only 56 days! Employees will also need to ensure that they give the relevant notice and information to their employer to demonstrate their entitlement which at Consensus HR, we suggest is recorded on a user-friendly IT system such as Breathe HR, who we are partners.”

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At Consensus HR, we provide a range of Employment HR & Employment Law services for companies of all sizes and sectors.

Contact us now

If you run a business and wish to keep up to date with the ever-changing Employment law whilst working to best practice and the law and an employer of choice, give us a call now for a non-obligatory conversation on how we can help. Consensus HR | Your outsourced HR Department – “Helping companies take the pain out of managing people, whilst Preventing People Problems.” 01438 576 750

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09 01 2024

FTSE 100 CEOs earned median UK worker’s annual pay in three days |Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Payrol #bedfordshirebusiness, #consensushr, #hertfordshirebusinesses, #outsourcedhumanresources, #payreview, bedfordshire, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Pay, Small Business, SME, SME's, stevenage

By 1.00pm on 4 January 2024, FTSE 100 CEOs’ earnings for 2024 had gone past the median UK worker’s full-time salary for the whole year.

According to calculations by the High Pay Centre think tank, based on analysis of the most recent CEO pay disclosures published in companies’ annual reports, median FTSE 100 CEO pay (excluding pension) currently stands at £3.81 million (£1170 per hour).

This is 109 times the median full-time worker’s pay of £34,963 and the High Pay Centre points out, comes against a backdrop of calls from leading figures in the city and big business for UK CEOs to be paid more.

Other calculations published by the centre include that a partner at a ‘magic circle’ law firm, average pay £1.92 million, would need to work until 8 January to match the median worker’s annual salary, while a partner at a ‘Big Four’ accountancy firm would have to wait until 16 January.

Everyone in the top 1% of full time UK earners, making at least £145,000, will have overtaken the annual pay of the median full-time worker by 29 March.

High Pay Centre director Luke Hildyard said the figures called into questions claims that top earners in Britain were not paid enough while the TUC said that they revealed “obscene levels of pay inequality”.

Highlighting that the London Stock Exchange Chief Executive had argued last year that low CEO pay levels create a risk to the UK economy, Mr Hildyard concluded: “When politicians listen to these misguided views, it’s unsurprising that we end up with massive inequality, and stagnating living standards for the majority of the population.”

The TUC points out that, while FTSE CEO pay increased by £500,000 (16%) in 2023, the Office for Budget Responsibility (OBR) has forecast that “real wages” will not recover to their 2008 value until 2028.

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Our HR Comments: – FTSE 100 CEOs earned median UK worker’s annual pay in three days |Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “An interesting article written by our Chartered Instituted of Personnel & Development in relation to pay for median workers in relation to FTSE 100 CEO’s. Pay is one of the main areas together with development of the team that we find at Consensus HR, can cause friction between the team and majorly affect team moral and the business overall. We advise all our clients to ensure pay is reviewed annually with a constructive meeting taking place with the employee and their pay discussed. We stress to management and the team that a pay review meeting does not automatically mean a pay rise but the opportunity to look at the team members current pay, job, job description and performance with results received from their yearly performance review (Appraisal). This meeting allows all team members to have the opportunity to have a 121 with their manager and discuss fully. We suggest that pay reviews should happen annually and preferably after a performance review / appraisal has taken place and SMART objectives set and at a separate meeting to that of the performance review (Appraisal).

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08 01 2024

Businesses believe that hybrid working is here to stay |Consensus HR – Herts, Beds

Matthew Chilcott Absence Management, Blog, Employment Contracts, Employment Law, General #bedfordshirebusiness, #hertfordshirebusinesses, #hybridworking, #outsourcedemploymentlaw, #outsourcedhumanresources, #outsourcing, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Fewer than 30% of firms expect their workforce to be fully in person at their offices and workplaces over the next five years while 16% expect them to be mostly remote and 8% fully remote.

These are the findings of new research by the British Chambers of Commerce (BCC) Insights Unit and technology firm Cisco which covered over 1000 businesses, of which 96% were SMEs.

The research found a clear divide between different sectors, with business-to-business (B2B) services firms (such as the finance and legal sectors) more likely to expect remote working. Only 17% of B2B services organisations expect fully in person working, while the figure for manufacturers is 38% and 37% for business-to-consumer (B2C) services.

BCC Deputy Director Public Policy, Jane Gratton, said: “Our data shows that hybrid working is now part of the fabric of the modern workplace. For millions of people, logging in remotely for at least part of the working week is now routine. This flexibility is valued by employers and their teams. Less than 30% of firms expect staff to be working fully in person over the next five years.”

Employers still value regular face-to-face contact with staff, however, and the BCC findings show only 8% of businesses expect staff to be permanently working remotely.

Companies were also asked about the connectivity tools they use such as video calling and cloud security.

A quarter of firms (25%) say they are not confident they have the knowledge to make the right purchasing decisions, while 55% are relying on external experts when making decisions about adopting technology.

The survey also found that 65% of firms say connectivity tools are value for money.

“Flexible working makes good business sense,” Ms Gratton concluded. “In a tight labour market, where employers are competing for skilled workers, hybrid working, and flexible working more generally, has become an important part of staff benefit packages.”

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At Consensus HR, we provide a range of Employment HR & Employment Law services for companies of all sizes and sectors.

Our HR Comment: Businesses believe that hybrid working is here to stay |Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “Some very interesting statistic here in relation to hybrid working and what employees wish for in today working environment. At Consensus HR, we have found that many employers where their sector allows this, that they allow their teams to work from home up to two days a week with the other three having to be in the office for meeting and team work / support. The Pandemic has definitely resulted in a change in the working environment and contracted hours / days”

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YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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02 01 2024

Happy New Year 2024 – Outsourced HR.

Matthew Chilcott Absence Management, Blog, Disciplinary & Grievance, Employment Contracts, Employment Law, General, Handbook, Investigations, Performance Management #2024, #bedfordshirebusinesses, #hertfordshirebusinesses, #networkinbeds, #outsourcedhumanresources, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Consensus HR | Your outsourced HR Dept, Helping companies take the pain out of managing people whilst Preventing People Probles - 01438 576750

We hope you, your team and businesses, have a prosperous 2024. Consensus HR | Your Outsourced HR Dept, Helping companies take the pain away of managing people whilst Preventing People Problems.

About Us......

Why us?

Welcome to your Outsourced Human Resources Dept.

If you’re looking for straight-talking, flexible Outsourced Human Resources solutions, you’re in the right place!

At Consensus HR, we offer Outsourced Human Resources, HR support, HR com and advice tailored to your requirements. Our HR services are always practical and fully scalable to suit the changing needs of your business.

You’ll discover that we have a common goal: to prevent HR problems. We find a positive way forward that suits your business and your employees. Of course, we do this while ensuring you are fully compliant with your HR obligations.

Outsourced HR: A Positive Difference

Enjoy a flexible way to take the pain out of employee-based activities … one based on a unique blend of professional knowledge and experience. Outsourcing your HR requirements offers key strengths of speed, flexibility and reassurance. Our professional HR services are available to all businesses, of any size, structure or sector. Let’s increase your retention and make you an employer of choice.

To view our range of HR & Employment Law services, Click Here

At Consensus HR, we provide a range of Employment HR & Employment Law services for companies of all sizes and sectors.

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YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

Round-up of all the legal changes in January 2024 | Consensus HR - Herts, Beds - 01438 576750

19 12 2023

Draft legislation will bring the Carer’s Leave Act into force in 2024 | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Handbook #bedfordshirebusinesses, #hertfordshirebusinesses, #outsourcedhumanresources, #outsourcing, bedfordshire, Business, Business Owners, employment law, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

The Carer’s Leave Act received royal assent on 24 May 2023 and requires secondary legislation to bring its provisions into force.

The Government has now published, as a draft Statutory Instrument, the Carer’s Leave Regulations 2024 (available at https://www.legislation.gov.uk/ukdsi/2024/9780348254808) which will bring the Act into force on 6 April 2024 in England, Wales and Scotland.

Under the Act, which inserts new provisions into the Employment Rights Act 1996, carer’s leave will be available to eligible employees from the first day of their employment. Staff will be able to take the leave flexibly to suit their caring responsibilities and will not need to provide evidence of how the leave is used or who it will be used for, ensuring, the Government said, a smoother process for both businesses and their employees.

Employees taking their carer’s leave entitlement will be subject to the same employment protections that are associated with other forms of family related leave, the Department for Business, Energy and Industrial Strategy (BEIS) confirmed, meaning they will be protected from dismissal or any detriment as a result of having taken time off. They have the right to return to the job in which they were employed before taking a period of carer’s leave.

The draft regulations set out the details of how the new system will operate.

They include conditions for entitlement which must be satisfied by the employee in order to take carer’s leave and which include substantive requirements for the entitlements such as falling within the definitions of a dependant with a long term care need (set out at 80J(2)(a) and 80J(2)(b) of the 1996 Act).

The regulations also give details of the procedural requirements to be satisfied by the employee, such as appropriate notice to the employer before taking leave. The required notice period is twice as many days as the period of leave required, or three days (whichever is longer), in advance of the earliest day of the leave and does not need to be in writing.

The one week of carer’s leave is to be taken within a 12 month rolling period with employees given the option to take the leave as half or full days, up to and including taking a block of a whole week of leave at once.

The process by which an employer can postpone a period of carer’s leave, where this would unduly disrupt the operation of their business, is explained. Employers must give notice as soon as is reasonably practicable and, following consultation with the employee, confirm a new date on which they can take the leave within a month of the original date(s) requested.

While the details are unlikely to be changed, it is important to note that the above relates to draft regulations which have still to be formally adopted by Parliament. It is expected that, when they are adopted, the Government will provide accompanying guidance.

Our HR Comment / Advice – Draft legislation will bring the Carer’s Leave Act into force in 2024 | Consensus HR – Herts, Beds

Matthew Chilcott , FCIPD, ACEL, BA(Hons) Owner of Consensus HR comments: “Following our blog yesterday which can be obtained by Clicking Here and all the changes to Employment Law we announced which are planned to come into effect in April 2024, here is another much needed one in relation to careers. However, business owners and managers are going to find it extremely difficult when managing their teams and will need support from their HR Departments or HR Consultants like Consensus HR. All HR Employment Law needs to be practiced correctly and to best practice and the law for the benefit and success of the business and all members of the team by ensuring companies act reasonably.”

To view further information on Employment Law

At Consensus HR, we provide support when it comes to all areas of HR and Employment Law and full detailed information can be found by Clicking Here

Planned / Proposed Employment Law Changes for April 2024-

Extended redundancy protection for maternity, adoption or shared parental leave.
Proposed rates of SSP and family friendly leave announced – On 28 November 2023, the Government published its proposals for pay rates for family friendly leave, statutory sick pay, and the lower earnings threshold to be applied from April 2024.
Employment Law Newsletter November 2023 (Click here)
- Consultation for Acas new Code of Practice
- Bonus clawback clause in contract not a restraint of trade
- Menopause Manifesto published.
- Worker Protection (Amendment of Equality Act 2010) Act 2023 now in force.
- Remote working claims increase.
New employment laws: update – 2023 /24 (click here)
- The new Laws are:
- Employment (Allocation of Tips) Act 2023
- Carer’s Leave Act 2023
- Protection from Redundancy (Pregnancy and Family Leave) Act 2023
- Strikes (Minimum Service Levels) Act 2023
- Neonatal Care (Leave and Pay) Act 2023
- Workers (Predictable Terms and Conditions) Act 2023
- Pensions (Extension of Automatic Enrolment) Act 2023

To view our range of HR & Employment Law services, Click Here

At Consensus HR, we provide a range of Employment HR & Employment Law services for companies of all sizes and sectors.

Contact us now

If you run a business and you are concerned about the amount of changes in Employment Law and how this could affect your businesses success and team, give us a call now for a non obligatory chat and to discuss outsourcing your HR. Consensus HR | Helping companies outsource their HR and manage employees whilst Preventing People Problems. – 01438 576750

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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19 12 2023

Code of practice proposed to help with fair distribution of tips | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General #bedfordshirebusinesses, #hertfordshirebusinesses, #outsourcedhumanresources, #tips, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

The Employment (Allocation of Tips) Act 2023 aims to ensure that all tips are passed on to workers without deductions.

The Act requires that tips be passed on to workers in full, with very limited exceptions; that businesses have a tipping policy and provide this to their workers; that businesses keep records on distribution of tips; and gives workers a new right to request a copy of their tipping record, enabling them to bring a claim to employment tribunal in order to enforce their rights.

The Department for Business and Trade (DBT) has now decided that a statutory code of practice is needed to provide guidance to employers and workers in tipping industries on the fair and transparent allocation and distribution of tips.

It has therefore issued a draft code, which will apply in England, Scotland and Wales and invited businesses, workers, customers and other interested parties to comment on its provisions.

Details of this consultation, together with a copy of the draft code, can be found here and the deadline for responding to the DBT is 22 February 2024.

The code defines qualifying tips, qualifying workers, transparency and the key principles of fairness and methods of allocation and distribution (including troncs).

It states that an employer should ensure they have fair processes in place for resolving issues and responding to queries from workers who have not received the share of tips they expected to. For the purposes of fairness, employers should ensure they give equal weight to queries from agency workers as they do to their own, directly employed, staff.

To view further information on Employment Law

At Consensus HR, we provide support when it comes to all areas of HR and Employment Law and full detailed information can be found by Clicking Here

Our HR comments- Code of practice proposed to help with fair distribution of tips | Consensus HR – Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is a long overdue piece of legislation and is great to see that they are currently consulting. Having had the opportunity to work within the Hospitality industry within the bars and restaurants and Heathrow and Gatwick airport, we always had a few tips for service and the products we were offering, and this would be totalled up at the end of each day and divided equally between all team members who were working. The Charity did not take any, but this was in the days when cash was king and credit / debit cards were never used. Nowadays with cash not being king but credit / debit cards, I can be a lot harder to manage and companies need to have a detailed Policy & Procedure to follow and manage. At least this Act will help to ensure that all members of the team get their tips, but it will still be down to the company / management who gets the tip! Is it the team as a whole, or the person that served them? Personally, I prefer it to be split between all the team who were working on that day, because you are all part of a team and all play a part and if there is anybody that continually does not play their part, the team will tend to react, and management / business will need to take the appropriate action.!”

To view our range of HR & Employment Law services, Click Here

At Consensus HR, we provide a range of Employment HR & Employment Law services for companies of all sizes and sectors.

Contact us now

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

18 12 2023

Extended redundancy protection for maternity, adoption or shared parental leave | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Handbook, Redundancy #adoption, #bedfordshirebusinesses, #employmentlaw, #hertfordshirebusinesses, #maternity, #outsourcedhumanresources, #redundancy, #sharedparentalleave, bedfordshire, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, SME, SME's, stevenage

Published in May this year, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 requires secondary legislation to bring its provisions into force and full details can be seen below, together with a number of other planned employment law changes.

The relevant statutory instrument, the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024, has been laid before Parliament in draft form and is expected to come into force on 6 April 2024.

The draft regulations amend the Maternity and Parental Leave, etc Regulations 1999 (SI 1999/3312) (MAPLE), the Paternity and Adoption Leave Regulations 2002 (SI 2002/2788) and the Shared Parental Leave Regulations 2014 (SI 2014/3050).

To view further information on Redundancy

At Consensus HR, we provide support when it comes to HR areas such as Redundancy and full detailed information can be found by Clicking Here

Under current rules, before offering redundancy to an employee on maternity leave, shared parental leave or adoption leave, employers have an obligation to offer them a suitable alternative vacancy where one exists. This is set out in Regulation 10 of the MAPLE.

The new legislation will enable this redundancy protection to be extended so that it applies to pregnant women as well as new parents returning to work from a relevant form of leave. This will, the Department for Business, Energy and Industrial Strategy (BEIS) said, help shield new parents and expectant mothers from workplace discrimination, offering them greater job security at an important time in their lives.

The aim is to extend the MAPLE protections through an expanded period covering from when an employee tells their employer they are pregnant until 18 months after the birth.

The 18-month window will ensure that an employee returning from a year of maternity leave can receive six months’ additional redundancy protection. The 18-month window will also apply to adoption leave and shared parental leave.

For those taking shared parental leave who have not taken maternity or adoption leave, there is a six-week threshold of continuous leave that needs to be met for the requirements to apply for a period of time after shared parental leave has ended. Where the six-week threshold is not met, the requirements apply during shared parental leave.

While the details are unlikely to be changed, it is important to note that the above relates to draft regulations which have still to be formally adopted by Parliament.

Our HR Comment: Extended redundancy protection for maternity, adoption or shared parental leave.

Matthew P Chilcott, FCIPD, ACEL, BA (Hons), Owner comments: “We knew this was on its way, when it was published in May this year and it is nice to get some further information from our Chartered Institute & HR inform. This is another piece of legislation that we now know will be coming into force in April 2024, together with Flexible Working from day one of employment. Click Here to read our previous blog on Flexible Working, a day one right.

Other planned Employment Law changes

Proposed rates of SSP and family friendly leave announced – On 28 November 2023, the Government published its proposals for pay rates for family friendly leave, statutory sick pay, and the lower earnings threshold to be applied from April 2024.
Employment Law Newsletter November 2023 (Click here)
- Consultation for Acas new Code of Practice
- Bonus clawback clause in contract not a restraint of trade
- Menopause Manifesto published.
- Worker Protection (Amendment of Equality Act 2010) Act 2023 now in force.
- Remote working claims increase.
New employment laws: update – 2023 /24 (click here)
- The new Laws are:
- Employment (Allocation of Tips) Act 2023
- Carer’s Leave Act 2023
- Protection from Redundancy (Pregnancy and Family Leave) Act 2023
- Strikes (Minimum Service Levels) Act 2023
- Neonatal Care (Leave and Pay) Act 2023
- Workers (Predictable Terms and Conditions) Act 2023
- Pensions (Extension of Automatic Enrolment) Act 2023

To view our range of Employment Law services, Click Here

At Consensus HR, we provide a range of Employment HR & Employment Law services for companies of all sizes and sectors.

Contact us now

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

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Employment Contracts

Did you know? The Right to request Flexible Working, starts tomorrow.

Our HR Comment: New legislation on flexible working becomes law tomorrow – 6th April 2024 |Consensus HR | Herts, Beds

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Are you concerned about keeping your business up to date with Employment Law changes?

Your Outsourced Human Resources (HR) Department.

Our HR comment: – More than 500 businesses fail to pay minimum wage | Consensus HR – Herts, Beds

The rates which will apply from 1 April 2024 are as follows:

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Your Outsourced Human Resources (HR) Department.

Summary:

Law:

Facts:

Employment Tribunal (ET):

Employment Appeal Tribunal (EAT):

Note for employers:

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What is your Employment Status?

Your Outsourced Human Resources (HR) Department.

This case took place in Croydon – Case Number: 2302739/2023 and the full Judgment can be ready by clicking here.

Our HR Comment: UK judge rules against FCA manager who wanted to work from home | Consensus HR – Herts, Beds

We have written a number of blogs on this subject which can be accessed by clicking on the link below:

To view more on Employment Law

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YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

Employment law dates at a glance – 2024

What are the planned Employment Law changes for this year and beyond?

To view more on Employment Law

Forthcoming changes

31 January 2024 (at the earliest)

31 March 2024

1 April 2024

1 April 2024

6 April 2024

6 April 2024

6 April 2024

6 April 2024

April 2024

April 2024

1 July 2024

Further anticipated Employment Law changes..... What further Employment Law changes can be expected in 2024 and beyond?

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YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

Our HR comment: Government publishes draft paternity leave regulations | Consensus HR – Herts, Beds

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YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

Our HR Comments: – FTSE 100 CEOs earned median UK worker’s annual pay in three days |Consensus HR – Herts, Beds

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Our HR Comment: New legislation on flexible working becomes law tomorrow – 6^th April 2024 |Consensus HR | Herts, Beds