Investigations

Employment Rights Bill - Roadmap for Employers

22 07 2025

📜 Employment Rights Bill: A Roadmap for UK Employers | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Handbook, Investigations, Training & Development #consensushr, #EmploymentRightsBill, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

📜 Employment Rights Bill: A Roadmap for UK Employers

The UK’s proposed Employment Rights Bill brings one of the most significant reforms in employment law in recent years. It aims to deliver a “New Deal for Working People”, enhancing employee protections while creating a fairer labour market.

At Consensus HR, we provide expert HR & Employment Law support to help businesses in Hertfordshire and Bedfordshire prepare for change.

🧾 Key Employment Law Reforms

According to the official roadmap, the Employment Rights Bill will introduce:

1️⃣ Day-One Employment Rights

Protection against unfair dismissal from day one
Immediate eligibility for Statutory Sick Pay (SSP) and paternity leave

2️⃣ Fair Work Enforcement Agency

A new body to oversee compliance with employment law by combining existing agencies.

3️⃣ Ending Exploitative Practices

Regulation of zero-hour contracts
Ban on controversial “fire and rehire” tactics

4️⃣ Stronger Trade Union Rights

Easier recognition of trade unions
Better access to employees in the workplace

5️⃣ Flexible Working by Default

Employees will have the right to request flexible working from day one (subject to business grounds for refusal).

📅 Proposed Implementation Timeline

The Employment Rights Bill will be introduced in phases:

April 2025: Day-one rights, parental leave updates, and establishment of the Fair Work Agency
Late 2025–2027: Ban on fire-and-rehire, zero-hour contract reforms, flexible working rights, and trade union enhancements

Note: Some changes may be delayed due to consultation feedback and business community concerns.

💬 Comment from Matthew Chilcott – Consensus HR

“The Employment Rights Bill introduces a wide range of changes that will impact all businesses, especially SMEs. While the goal is a fairer workplace, these reforms bring added responsibility for employers. At Consensus HR, our role is to help businesses apply these changes correctly—reducing risk and supporting a productive, legally compliant workplace.”

“We strongly encourage employers to review their current HR practices and employment contracts now to avoid future issues.”

✅ What Employers Should Do Now

Here’s how to prepare for the changes:

🔍 Review employee handbooks and contracts for compliance
📋 Ensure dismissal procedures are fair and robust from day one
🕒 Reassess use of zero-hour and casual contracts
💼 Update your flexible working policies
📣 Prepare for union engagement
🤝 Seek expert HR advice before making policy changes

👥 How Consensus HR Can Help

We offer tailored HR support including:

📄 Employment contract and policy reviews
🔧 Documentation updates for new legal obligations
👥 Redundancy & dismissal process support
🧑‍🏫 Flexible working strategies
📞 Ongoing retained HR support and training

👉 View Our Services

🔗 Useful Links

📞 Get in Touch

Is your business prepared for these changes?

Contact Consensus HR today for professional, jargon-free advice tailored to your business.

👉 www.consensushr.com | 📧 [email protected] | 📞 01438 576750

To view more about our range of HR & Employment Law Services

At Consensus HR, we are proud to offer a wide range of HR & Employment Law services to help our clients with all areas of best practice and Employment Law which can be found by clicking on the button:

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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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Important Health & Safety Update | Consensus HR in Herts & Beds

17 04 2025

Supreme Court Ruling on the Definition of a Woman | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Contracts, Employment Law, General, Investigations, Training & Development #definitionofawoman, #supremecourt, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

Consensus_HR_UK_Supreme_Court_Featured_Image (1)

Supreme Court Ruling on the Definition of a Woman: What It Means for UK Employers

By Matthew Chilcott – Owner, Consensus HR

In a landmark decision in April 2024, the UK Supreme Court has ruled in favour of maintaining the biological definition of a woman in legal terms for specific contexts. This ruling followed a high-profile case involving gender identity, equality rights, and the interpretation of the Equality Act 2010.

While this decision may appear legalistic, it has direct implications for UK employers, their HR policies, and workplace practices. At Consensus HR, we believe in supporting businesses of all sizes by keeping them up to date with employment law and HR compliance. As part of our retained HR services, all our clients’ Employee Handbooks are automatically updated to reflect the latest legal rulings—ensuring full compliance and clarity.

What Was the Supreme Court Case About?

The case centred around the Gender Recognition Reform Bill and the ability to define sex as either biological or acquired through legal means. The Supreme Court ruled that certain laws may continue to use the biological sex definition, which can influence how organisations implement equality, diversity, and inclusion (EDI) policies—especially in areas like recruitment, facilities provision, and single-sex services.

HR Implications for Employers:

This ruling highlights the need for businesses to regularly review and adapt their HR documentation, including:

Equality and Diversity Policies
Recruitment and Selection Procedures
Gender Identity Support Frameworks
Grievance and Disciplinary Procedures

Employers must strike a careful balance between upholding legal compliance and supporting a diverse and inclusive workplace culture. Missteps in policy application could lead to discrimination claims, employee relations issues, or reputational damage.

What This Means for Your Business:

With the legal definition of “woman” now clarified in certain legal contexts, organisations may need to update terminology and policy language to reflect this. HR teams should ensure:

Clarity and consistency in how terms like “sex” and “gender” are defined and used
That all managers are trained on inclusive and lawful practices
That any changes to policy are communicated clearly and sensitively to all employees

How Consensus HR Supports You:

At Consensus HR, we understand that changes in employment law—like this Supreme Court ruling—can cause uncertainty and confusion. That’s why all our retained clients benefit from:

✅ Automatic updates to their HR policies and Employee Handbooks
✅ Proactive guidance on complex employment law issues
✅ Tailored advice for sensitive workplace topics
✅ Training and support for people managers

Matthew Chilcott, Owner of Consensus HR, comments:

“The recent Supreme Court decision reinforces how quickly the legal landscape can shift. For employers, this is a reminder of the importance of regularly reviewing HR policies to ensure they’re legally compliant and fit for purpose. Our clients never have to worry—because we take care of it all for them.”

Final Thoughts:

Whether it’s a court ruling, legislative update, or cultural shift, HR practices must evolve. At Consensus HR, we’re here to prevent people problems and ensure your business remains legally compliant and employee-focused.

If you’re not yet a retained client and want to ensure your HR documentation is always up to date—without the headache—get in touch with us today.

📞 Call us or 📧 email us for a no-obligation chat about how we can support your business.

#HRCompliance #EmploymentLaw #EqualityAct2010 #UKSupremeCourt #HRSupport #EmployeeHandbook #GenderDefinition #DiversityAndInclusion #ConsensusHR #MatthewChilcott #RetainedHRServices

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03 04 2025

Employment Law Cases in the UK – 3 | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Law, General, Investigations, Training & Development #bedfordshirebusinesses, #consensus hr, #consensushr, #discrimination, #hertfordshirebusinesses, #princess, #sexual discrimination, #stevenagebusinesses, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

Employment law in the UK has seen a myriad of unique and unprecedented cases that highlight the complexities of workplace relations. Below is just one of our weekly Employment tribunal (ET) cases, detailing the circumstances, outcomes, and financial awards where applicable.

3. Bisexual Barman Called ‘Princess’ Wins £10,000

In January 2025, Scott Duncan, a bisexual bar worker, was awarded £10,000 after his boss repeatedly called him a “princess” and made other derogatory remarks. The tribunal ruled that this created a degrading work environment.

Matthew Chilcott, Owner of Consensus HR, Comments:

“These cases highlight just how crucial it is for businesses to have the correct HR procedures in place. Discrimination, unfair dismissals, and wrongful terminations can cost companies significant amounts in legal fees and compensation—and more importantly, they damage reputations. At Consensus HR, we work closely with businesses to ensure they are legally compliant and create positive workplace environments that prevent these kinds of disputes from arising. Taking proactive HR measures is key to avoiding costly mistakes.”

How Consensus HR Can Help:

These cases demonstrate why having a strong HR foundation is vital for employers and employees alike. At Consensus HR, we provide expert HR support, employment law compliance, and tailored business solutions to help companies stay legally compliant and protect their employees.

📌 For expert HR support, visit: www.consensushr.com

Follow Consensus HR for updates on UK employment law:

LinkedIn: Consensus HR LinkedIn
Twitter/X: @ConsensusHR
Facebook: Consensus HR Facebook

🚀 Stay compliant, avoid legal risks, and create a positive work environment with Consensus HR!

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19 11 2024

Week 2: Effective Recruitment Strategies | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Handbook, Investigations @sg1businessclub, #consensus hr, #consensushr, #hrstrategy, #networkinbeds, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Recruitment, Small Business, SME, SME's

Welcome to Our 12-Week HR Essentials Blog Series for Business Owners and Managers – Week 2:

At Consensus HR, we know that effective HR management is key to creating a productive, compliant, and supportive workplace. Over the next 12 weeks, we’re providing business owners and managers with practical insights into different aspects of HR—from recruitment and onboarding to performance management, mental health support, and legal compliance.

Each weekly blog offers actionable advice to help you strengthen your HR practices, minimise risks, and support your team’s growth and well-being. Join us on this journey as we explore how thoughtful HR can positively impact your business and create a thriving, engaged team.

Week Two of Twelve

Week 2: Effective Recruitment Strategies to Attract Top Talent:

Overview:

Recruiting the right talent is foundational to business success. Well-thought-out recruitment strategies attract candidates who are not only qualified but also a cultural fit for the business.

Key Points:

Crafting Job Descriptions: Write clear, precise job descriptions that outline responsibilities and the ideal candidate profile. Include essential skills and desirable attributes.
Sourcing Candidates: Utilise various platforms like job boards, social media, and employee referrals to widen the candidate pool.
Effective Interviewing: Develop structured interviews to assess both technical skills and cultural fit and consider including practical tasks for relevant roles.
Promoting Diversity: Strive for a diverse team by reducing biases in recruitment, ensuring all potential employees have an equal opportunity

Previous of our 12 week blogs:

Week 1: Understanding the Role of HR in Business Success

At Consensus HR, We’re Here to Help:

Managing HR can feel complex, but you don’t have to navigate it alone. If you have questions about this week’s topic or need tailored HR support for your business, our team is ready to help you create a productive, compliant, and supportive workplace. For more information, visit our website at www.consensushr.com or get in touch with us directly. Let’s work together to make HR a strong asset for your business.

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13 11 2024

What is HR? | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Contracts, Employment Law, General, Health & Safety, Investigations, Performance Management, Recruitment, Redundancy, Rewards & Benefits, Training & Development

What is HR? Unpacking the Value of Human Resources for Your Business:

As business owners, managers, or employees, you may have heard the term “HR” (Human Resources) thrown around, but have you ever wondered what HR really is and what it does? At Consensus HR, we often find that many people don’t fully realise the scope of HR or how crucial it is to running a successful business. Here, we’ll break down what HR is, what it can do for your business, and how we can help companies of all sizes and sectors prevent people problems.

What is HR?

HR, short for Human Resources, is the department within a company that handles everything related to people – your most valuable asset. This can range from recruitment and training to dealing with legal issues, employee benefits, workplace culture, and more. HR isn’t just about hiring and firing; it’s about managing and developing your team to ensure they work efficiently and in compliance with employment law.

Whether you’re a small business with a few employees or a larger organisation with hundreds, HR plays a pivotal role in making sure your team functions effectively, remains engaged, and that you meet your legal responsibilities as an employer.

What Does HR Do?

Here are some of the key areas HR covers:

Recruitment & Onboarding: HR helps you find the right people for your business and ensures that new employees integrate smoothly into the team.
Performance Management: Ensuring your team is performing at its best is a critical function of HR. This includes conducting appraisals, setting performance goals, and providing feedback.
Training & Development: HR ensures your team is equipped with the right skills, offering development opportunities to grow within their roles.
Employee Relations: Handling conflicts, grievances, and disciplinary issues fairly and legally is vital to maintaining a healthy workplace.
Compliance & Legal Issues: Employment laws are complex and constantly changing. HR ensures that your business stays compliant with laws like the Equality Act 2010, and handles contracts, policies, and procedures to protect your business from legal risks.
Workplace Culture & Well-being: HR plays a critical role in shaping your company’s culture, ensuring a positive working environment, and promoting employee well-being.

How Can Consensus HR Help Your Business?

Many businesses, especially SMEs, don’t have a dedicated HR team, but that’s where we come in. At Consensus HR, we offer outsourced HR solutions to support businesses of all sizes and industries. Whether you’re in retail, hospitality, manufacturing, or a professional services firm, we provide the expertise and guidance you need to manage your team effectively and prevent common people problems.

We’re here to help you:

Develop comprehensive HR policies tailored to your business needs.
Resolve employee disputes before they escalate into legal issues.
Ensure your business is compliant with the latest employment laws.
Manage recruitment and onboarding so you hire the right talent.
Create a performance management system that drives success.

Preventing People Problems:

People problems can have a significant impact on your business if not managed properly. From high staff turnover to poor productivity and even legal challenges, the costs of neglecting HR can add up quickly. Our retained HR services at Consensus HR are designed to help you prevent these issues before they arise, providing you with ongoing support, advice, and solutions to manage your workforce effectively.

In conclusion, HR is a vital function that can make or break your business. At Consensus HR, we understand the challenges employers face and offer practical, personalised HR support that takes the stress out of managing your team. Let us help you prevent people problems and create a productive, compliant, and happy workplace.

Movember UK | Consensus HR in Herts & Beds

If you’re ready to explore how Consensus HR can support your business, visit our website www.consensushr.com or contact us for a consultation. Let’s work together to ensure your business and your team thrive.

Get Involved in Movember 2024:

Whether by growing a moustache, participating in a fitness challenge, or hosting a mental health workshop, there are many ways to get involved with Movember this year. Every little bit helps in raising awareness and funds for crucial men’s health issues.

For more information on how you and your organisation can support Movember UK, visit the official Movember website.

Matthew Chilcott
Owner, Consensus HR

Disclaimer: This article provides general information on the Movember campaign. For specific health concerns or advice, always consult with a healthcare professional.

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20 05 2024

7 Reasons to hire professional HR services. Consensus HR, Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Health & Safety, Investigations, Performance Management, Recruitment, Redundancy, Rewards & Benefits, Training & Development #bedfordshirebusinesses, #Hertfordshire, #hertfordshirebusinesses, #networkinbeds, #outsourcedemploymentlaw, #outsourcedHR, #outsourcing, #professionalservices, #stevenage, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME

Latest blog:

7 Reasons to hire professional HR services. Consensus HR, Herts, Beds – How Professional Services Add Value

It’s understandable that business owners want to cut costs. However, this can often lead to poor advice, a low level of customer service and, potentially, higher costs than the ones initially avoided.

It’s fair to assume that price generally equals quality. You get what you pay for!

Sadly, people often take advice from friends or relatives – or Google – rather than consult a professional consultant/tradesperson, purely to avoid costs.

Whether you need legal, human resources, marketing or trades advice, here’s why it’s best to work with a professional rather than take your friend’s advice:

7 Reasons to Hire Professional Services

Professional qualification/licence. Your contractor/consultant should be professionally qualified or trained. Ask them about their training and experience – they should be proud to tell you about it.
Relevant experience. Too often, cutting corners involves taking advice from someone who does not have the knowledge to adapt their understanding to your specific requirement. A professional can adapt their skills to suit the needs of your business.
Insurance. You are protected by professional insurance should something go wrong, or mistakes made. You should check that the person you are hiring has the right insurances in place before starting to work with them.
A professional contractor/consultant generally completes work faster, as well as to a better standard, than someone who is not fully trained.
Professionals can adapt to your situation and/or changing circumstances as jobs progress.
Peace of mind. The reassurance to be gained by working with someone who demonstrates professional knowledge and offers practical advice is invaluable.
Transparent costs. A credible professional should offer a clear quote. Too often, people are tempted by the ‘no win, no fee’ approach. This can include hidden administration and commission costs amounting to more than the cost of hiring a professional in the first instance.

In-House vs Outsourced HR Support

There are many different aspects involved with these options, making it difficult to make a direct comparison. Key factors to consider are:

Time – 45% of small business owners spend at least one day per week working on HR issues. Is this the best use of their time?
Control – involving an external HR specialist offers a different perspective … solutions based on a wealth of experience blended with a deep understanding of the business.
Expertise – engaging an HR professional fills internal skills gaps and ensures up-to-date professional knowledge is applied to HR practices.
Cost – often, paying a full-time HR employee’s salary is more expensive than outsourcing to an HR consultant, due to the flexible nature of the time required.

How Professional Services Add Value | Consensus HR in Herts, Beds

Our HR comment:

“By not seeking professional advice, you risk incurring greater costs in the long run,” says Matthew Chilcott of Consensus HR. “One of our clients risked incurring penalties of almost £50,000 by not engaging relevant legal expertise when a former employee threatened them with Employment Tribunal (ET) proceedings. The fee involved with using our professional Employment Law service was far lower than their potential ET financial penalties.

“It’s a shame that some people don’t value the training and expertise of professionals until something goes wrong. As well as qualifying within their relevant specialist fields, many consultants must demonstrate continuing professional development to retain their qualification. This means their knowledge and skills are always up to date.”

Matthew adds: “When you pay for a professional, you are paying for years of training and expertise, plus the reassurance of their experience and insurance. Long term, it’s quicker, cheaper and much higher quality.”

Would you like to explore how professional human resources support can help your business?

Talk to the friendly team at Consensus HR. Enjoy a free initial consultation with no pressure or jargon. Oh – and be reassured … our HR team is professionally trained and qualified!

Do you need help with your HR and Employment Law?

If you find it hard to keep on top of HR and Employment Law changes and manage a team, give us a call / email now to talk about how we can help you Prevent People Problems. Consensus HR | Your Outsourced Human Resources & Employment Law Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems.” – 01438 576750.

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

At Consensus HR, we ensure that our clients do not make assumptions when it comes to the performance / abilities of team members and that if identified, we seek the member of teams consent to write to a relevant medical professional to obtain support and advice and any reasonable adjustments needed to ensure what is possible is provided. If you manage a team / business and find it hard to keep on top of changing Employment Law and best practice and wish you could outsource it to a HR Charity for a small monthly investment, give us a call now for a non-obligatory conversation. 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.

13 03 2024

Workplace mental health service firm faces investigation | Consensus HR | Herts, Beds

Matthew Chilcott Absence Management, Blog, General, Health & Safety, Investigations #bedfordshirebusiness, #consensushr, #hertfordshirebusinesses, #Mental health, #outsourcedemploymentlaw, #welfare, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Claims about one of the UK’s biggest providers of workplace mental health services are to be investigated by the British Association for Counselling and Psychotherapy (BACP), it has said. BBC Radio 4’s File on 4 programmes has heard allegations that calls from vulnerable people to Health Assured were not always handled properly. Health Assured refutes these allegations. Employee Assistance Programmes (EAPs) are intended to help employees deal with personal problems that might affect their wellbeing and performance at work. According to the UK Employee Assistance Programme Association, three-quarters of the UK working population (almost 25 million people) have access to an EAP through their employer. File on 4 has spoken to 15 current and former employees of Health Assured, an EAP that provides support to 13 million workers in the UK and Ireland, and whose clients include NHS trusts, universities, and police forces. Counsellors and team managers at Health Assured described low morale, high staff turnover, and a frequent struggle to keep up with demand.

BBC News

Our HR Comments / Advice – Workplace mental health service firm faces investigation | Consensus HR | Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “When it comes to the welfare of your team, it is vital that you provide the best support available according to the situation. EAP’s – Employee Assistance Programs, are a great way to provide this service through an external provider, of which there are now many across the UK who provide this service as part of an insurance. At Consensus HR and part of our service, we will always go to the medical professionals for advice, if we have concerns about any members of our clients’ teams, if informed and will see the team members consent to write to their GP / Consultant for their advice on how we can support the team member. This can be a lengthy process and may also consider using our Occupational Health Providers to look at the best solutions in helping our team member and the business. Consensus HR also provides Mental Health development for managers and employees at our central office in Stevenage or at the clients offices together with a wide range of employee and management development workshops.

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Do you know how to correctly deal with managing your team when it comes to dealing with employee issues?

If you manage a team and are concerned for their welfare and would like to talk to us about the Policies, Procedures and development we can provide you, contact us now. Consensus HR | Your Outsourced Human Resources and Employment Law Department | “Helping companies take the pain our of managing people whilst Preventing People Problems – 01438 576750”.

Your Outsourced Human Resources (HR) Department.

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26 02 2024

Menopause symptoms can be considered a disability

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Investigations #bedfordshirebusiness, #consensushr, #equalityact2010, #equalityanddiversity, #hertfordshirebusinesses, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, menopause, Small Business, SME, SME's, stevenage

The Equality and Human Rights Commission (EHRC) issued the guidance to clarify the legal obligations to workers going through the menopause.

Symptoms can include hot flushes, brain fog and difficulty sleeping.

The EHRC said bosses should offer changes such as providing rest areas or flexible hours to help.

Relaxing uniform policies to allow women to wear cooler clothes could also help.

Menopause marks the end of a woman’s menstrual cycle, and usually happens in her 40s or 50s.

Failing to make “reasonable adjustments” amounts to disability discrimination under the Equality Act 2010 if the symptoms have a “long-term and substantial impact” on a woman’s ability to carry out their usual day-to-day activities, the EHRC said.

A video explaining the guidance says: “The costs of failing to make workplace adjustments for staff can run into hundreds of thousands of pounds when taking into account the loss of talent and costs of defending a claim.”

What is the menopause and what are the signs?

The EHRC cited research showing that one in 10 women surveyed who worked during their menopause were forced to leave their job due to the symptoms.

Two-thirds of women between the ages of 40 and 60 experienced menopausal symptoms at work, which largely had a negative impact. Very few asked for adjustments during this time because they were concerned about the potential reaction, it added.

The EHRC adds that taking disciplinary action against women for a menopause related absence could amount to discrimination, and that language that ridicules someone’s symptoms could constitute harassment.

EHRC chairwoman Baroness Kishwer Falkner said the watchdog was “concerned both by how many women report being forced out of a role due to their menopause-related symptoms, and how many don’t feel safe enough to request the workplace adjustments”.

She added that employers “may not fully understand their responsibility to protect their staff going through the menopause”, and that the new guidance had been issued to provide advice on how they can support their staff.

By Ali Abbas Ahmadi – BBC News

Our HR Comment: – Menopause symptoms can be considered a disability and employers face being sued if they do not make “reasonable adjustments”, a watchdog has said. |Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is another very interesting article on the Menopause and what many women suffer during their life’s and is a subject that until recently has never really been discussed generally in business. However, as this article from the BBC demonstrates, in extreme circumstances where is has not been managed correctly and best action taken such as thorough investigations into why a member of the team may not be performing it can result in some very severe financial and reputable consequences for the business. In this situation and as explained by the BBC, it would be covered by the Equality Act 2010 and full information on this act can be found in the Equality Act 2010 guidance and Definition of Disability under the Equality Act 2010

You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

What ‘substantial’ and ‘long-term’ mean

‘substantial’ is more than minor or trivial, e.g. it takes much longer than it usually would to complete a daily task like getting dressed.
‘long-term’ means 12 months or more, e.g. a breathing condition that develops as a result of a lung infection.

Organisations need to remember that employees are entitled to make a Disability claim from day one of employment and awards are unlimited.”

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Are you concerned about how you manage and your HR and Employment Law?

If you employ a team and run a successful business and would like to have support with ensuring that you are working to best practice and Employment Law, give us a call or email us now for a non-obligatory chat. Consensus HR | Your outsourced Human Resources Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems” 01438 576750

Your Outsourced Human Resources (HR) Department.

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01 02 2024

NHS anaesthetist fell asleep on the job | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Handbook, Health & Safety, Investigations #consensus hr, #consensushr, #hertfordshirebusinesses, #misconduct, #NHS, #outsourcedemploymentlaw, #outsourcedhumanresources, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

A senior NHS anaesthetist, Thomas Herbst, has been suspended after he was caught napping in an operating theatre during surgery. Herbst fell asleep shortly after administering an anaesthetic and failed to wake up even when tapped by a colleague. He blamed long working hours and an undiagnosed illness for his drowsiness. This is not the first time Herbst has been caught sleeping in the theatre, as he was previously given a warning by the General Medical Council. Despite being found guilty of serious professional misconduct, Herbst was suspended for six months after offering to reduce his number of shifts. The incident resulted in the cancellation of an afternoon list of patients due for operations. Herbst defended his behaviour, stating that many anaesthetists across the UK close their eyes in operating theatres. The Medical Practitioners Tribunal Service has ordered a review hearing for Herbst later in the year.

Daily Telegraph

The Times

London Evening Standard

The Daily Telegraph

Our HR Comment: NHS anaesthetist fell asleep on the job | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This article demonstrates a very worrying episode of tiredness at work and in a sector where the health and welfare of your team is of the utmost importance. Consensus HR states that regardless of what sector you work in, the hours you work must be managed correctly or as in this instance you could be having the adverse effect to what you are aiming to achieve and thankfully in this case, no detriments to health occurred. Businesses always need to ensure that any misconduct is fully investigated correctly, and the appropriate action taken such as reducing the number of shifts / hours a member of the team works.”

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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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16 01 2024

£309,867.86 – Borg-Neal v Lloyds Banking Group – Unfair dismissal: Band of reasonable responses | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Law, General, Handbook, Investigations, Training & Development #bedfordshirebusiness, #hertfordshirebusinesses, #herts, #outsourcedemploymentlaw, #outsourcedhumanresources, #outsourcing, #reasonableness, Business, Business Owners, employment law, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Our Chartered Institute of Personnel & Development – CIPD, have written a great article on: £309,867.86 – Borg-Neal v Lloyds Banking Group – Unfair dismissal: Band of reasonable responses

SUMMARY

When dealing with an employee on their use of an offensive word or phrase, the context within which it was said is a key factor in determining if dismissal is a reasonable response.

LAW

The test for unfair dismissal is set out in section 98 of the Employment Rights Act 1996. This section requires there to be a fair reason for the dismissal, which falls within the ‘fair’ reasons laid out in the section (in this case, conduct).

Secondly, employers must act reasonably in dismissing for the fair reason. Guidance for reasonableness was provided in the EAT case of British Home Stores v Burchell [1978]. This set out three stages for determining the reasonableness of the dismissal:

(1) did the employer genuinely believe the claimant was guilty of the alleged misconduct?

(2) was that belief held on reasonable grounds?

(3) was a proper and adequate investigation carried out?

Finally, the tribunal will decide whether it was reasonable for the employer to have dismissed the claimant for that reason. The question is whether dismissal was within the band of reasonable responses open to a reasonable employer, i.e. would another reasonable employer have dismissed in the same circumstances. This includes both the investigation preceding the dismissal and the decision to dismiss.

FACTS

The claimant worked as a manager. As part of its Race Action Plan, the claimant along with 700,000 other employees was invited to attend race education training.

During the training session, whilst the trainer was discussing intent v effect, the claimant asked how they should deal with a hypothetical situation – what if the claimant, a white male, heard someone from an ethnic minority use a word that could be considered offensive if used by another, not of that minority. The specific example they gave was the use of the ‘N’ word by the black community (the claimant later said that they were thinking of the words used in rap music). In the session, they used the full word. The claimant then apologised for using this word and did not say it again. Following the training session, such was the impact on the trainer that they felt they had to take a week off work.

£309,867.86 - Borg-Neal v Lloyds Banking Group - Unfair dismissal: Band of reasonable responses | Consensus HR - Herts, Beds

EMPLOYMENT TRIBUNAL (ET)

Note that as an employment tribunal case, this is not binding authority. ET cases may be persuasive on other tribunal decisions, but unlike those courts higher in the system (EAT, CoA, Supreme Court), they do not have to be followed by other courts and therefore the outcome is only indicative of how a similar case might be treated.

The ET made it clear in its judgment that it considered the respondent to have been entirely reasonable in its view that “(1) the full N word is an appalling word which should always be avoided in a professional environment; and (2) even if no malice was intended and the full word was used not as a term of abuse and not as a descriptor of people, nevertheless, simply hearing it said is likely to be intensely painful and shocking for black people…”.

However, this alone did not render the decision to dismiss in this case fair, as the question whether the claimant should have been dismissed for using the full word was a different question to whether or not they should have used it. In the ETs opinion, the respondent likely had the concern that failure to dismiss could be seen as the respondent condoning the use of the word by an employee.

Acknowledging that in many circumstances the above could be grounds for dismissal, on the facts of this case, the ET held that the decision to dismiss the claimant was not within the band of reasonable responses. This was based on the fact that the subject matter of the training session at the time the comment was made was exploring intention v effect. The claimant, in the view of the ET, did not ask this question in order to get the opportunity to use the offensive word “under the guise of an innocent question”. It was asked to deepen their knowledge and clarify an area of confusion. Indeed, the dismissing officer in this case referred to it as a “good question”. As a result, the ET held that the decision to dismiss was unfair. The respondents aim of sending a message of “zero-tolerance policy on any racial discrimination or use of racist language” could have been met with a formal sanction under the disciplinary procedure rather than dismissal.

On a final note, the claimant explained that the question that caused the offense may not have been worded appropriately due to their dyslexia. This had the effect of causing them to keep reformulating questions and spurting things out before losing their train of thought. As a result, the claimant would concentrate more on their complex thoughts than actually formulating questions and on the surrounding social cues. The ET therefore upheld that, on the balance of probabilities, that the claimant’s dyslexia was a strong factor in their use of the full word rather than finding another way to phrase the question.

In the remedy hearing, the claimant was awarded £309,867.86. This included £15,000 injury to feelings award for the shock, hurt, humiliation and damage to their self-esteem, and loss of a job they loved.

Note for employers

This case is a reminder for employers of the importance of making decisions based on the facts and the context of the case at hand, rather than the use of a particular phrase or word in isolation to what was happening at the time. Where a comment is said without malice, and in an effort to further understanding of the subject matter being discussed, then dismissal may be a reaction that goes beyond what was reasonable in the circumstances.

Training on diversity, inclusion, equality and equity, including race education, is a vitally important tool for employers in meeting their obligations to create a discrimination free workplace. And during those sessions, there is a possibility that strongly held beliefs are challenged, and individuals question the use of certain words of phrases in order to understand what they should or should not be saying. There may therefore be times where an incident similar to this case arises. But taking a zero-tolerance stance does not always mean having to to dismiss, as the respondent learned here the hard way.

Our HR comment: Borg-Neal v Lloyds Banking Group – Unfair dismissal: Band of reasonable responses | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is a fantastic example of when a decision to dismiss an employee is not fully investigated properly and the appropriate action taken. When investigating an area of concern in the workplace, the investigating manager must ensure that they obtain all the true facts in relation to the incident and then make a decision if it is to go further. This case showed that due to some extremely bad use of language, which should never be tolerated by any company or member of the team, the company made too many assumptions due to the phrase that was used, rather than fully looking into the situation and context of all involved and made the incorrect decision which has now resulted in a hefty award for the company of £309,867.86.”

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When companies employ people, they need to ensure that assumptions are not made and any areas of concern / conduct are fully investigated correctly following the Acas Code of Practice, whilst acting as a reasonable employer which is covered under Civil Law and the balance of probabilities. If you run a business and have a team and would like some support on your companies HR and Employment Law from an outsourced HR company, give us a call now. Consensus HR | Your Outsourced HR & Employment Law Dept. “Helping companies take the pain out of managing people whilst Preventing People Problems – 01438 576750

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10 days after the incident, delayed due to the pre-booked leave of the investigatory officer, a HR case was opened by the respondent. During the investigations, a key witness refused to speak to the investigator as they felt too uncomfortable to do so. The teams recording of the session during which the claimant made their comment was also deleted. When asked why they had made the comment, the claimant explained that they had been told the session was a safe space, and that their question was asked to further their understanding of the subject matter of the training, and not intended in any way to cause offence.

The claimant was disciplined on the basis their behaviour breached the respondent’s Colleague Conduct Policy, Code of Responsibility and requirements to act with integrity and in line with the respondent’s commitment to create an inclusive environment for all by being an anti-racist organisation. Further, that their personal integrity had been brought into question and the alleged behaviour may have caused offence, intimidation or cause an external party to feel vulnerable.

Whilst it was accepted by the respondent that the claimant had not intended to cause any hurt, and that the question was valid and without malice, it was held that the claimant should have known better. The claimant should have realised that the use of the full word in a professional environment could have a serious impact, and this situation could not be rectified by the apology immediately offered by the claimant. On the basis of these allegations, the claimant was dismissed for gross misconduct.

Claims including unfair dismissal and disability discrimination were brought by the claimant.

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

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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.

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If you run a successful company but are unsure of what legal law and best practice is required for your team, give us a call now for a non-obligatory chat about Outsourced HR and what we can provide you and your team for future success of your business. Consensus HR | Helping companies outsource and manage their HR and Employment Law and Prevent People Problems – 01438 576750

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

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