hertfordshire

26 02 2024

Manual handling at work: guidance on the law | Consensus HR – Herts, Beds

Matthew Chilcott Blog, General, Health & Safety #bedfordshirebusiness, #consensus hr, #consensushr, #Health&Safety, #hertfordshirebusinesses, #manualhandling, #outsourcedemploymentlaw, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

As an employer, you must protect your workers from the risks of manual handling injuries in the workplace.

You can find help with preventing these sort of risks in your workplace on the HSE manual handling website pages.

There is a range of information and advice for employers, including sections on assessing manual handling and training for workers.

You can also find links to a variety of useful resources. These include our free-to-download publications:

At Consensus HR, we provide Health & Safety services by working with our specialist HR suppliers.

For full details, Click Here

Manual handling at work: guidance on the law | Consensus HR - Herts, Beds

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:

Click Here

Are you concerned about how you recruit and your recruitment strategy?

If you ever need to recruit and want to ensure that your Recruitment Strategy is fit for purpose and gains the best results for the business and team, 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.”

Your Outsourced Human Resources (HR) Department.

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

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.”

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

Click Here

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.

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

21 02 2024

Government takes action against ‘fire and rehire’ practices | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Law, General, Recruitment, Redundancy #bedfordh, #consensushr, #Fire, #outsourcedemploymentlaw, #outsourcedhumanresources, #rehire, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

A new statutory Code of Practice concerning certain controversial dismissal tactics will, the Department for Business and Trade (DBT) argues, protect workers’ rights whilst respecting business flexibility.

Dismissal and re-engagement, also known as ‘fire and rehire’, refers to when an employer sacks an employee and then offers them a new contract on new, often less favourable, terms.

Business Minister Kevin Hollinrake said: “Our new Code will crack down on employers mistreating employees and sets out how they should behave when changing an employee’s contract.”

It will, he went on, make clear how employers must behave in this area and help to preserve security and opportunity for those in work.

A consultation on a draft statutory Code that sets out employers’ responsibilities when seeking to change employment terms and conditions ran from 24 January to 18 April 2023.

The Government has now published its response to the 50 replies it received to that consultation. This can be found at https://www.gov.uk/government/consultations/draft-code-of-practice-on-dismissal-and-re-engagement together with an updated draft statutory Code on dismissal and re-engagement.

This has been laid in Parliament for approval by both Houses and, subject to that approval, it will be brought into effect later in the summer.

Employment tribunals will have the power to apply an uplift of up to 25% of an employee’s compensation if an employer unreasonably fails to comply with the Code.

Head of Public Policy at the Chartered Institute of Personnel and Development (CIPD), Ben Willmott, said: “The Code promotes good practice, making clear employers should always seek to agree any changes to terms and conditions with employees and that ‘fire and rehire’ should only be used as an absolute last resort. It highlights the importance of early and meaningful consultation with employees to maximise the chances of finding alternative solutions which can lead to agreement over proposed changes.”

HRInform – 20-02-24

Our HR Comments: – Government takes action against ‘fire and rehire’ practices | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “The updated draft of the Code for dismissal and re-engagement is an interesting read following the feedback received with the power to award a 25% uplift should an employer not follow the Code. The link provided within this article links to the draft code and the history behind ‘fire and rehire’ and I do not find anything new and should be what any reasonable employer would be following resulting in the correct and legal outcome for the employee(s) involved. Good constructive consultation is key as with all HR and management in general, to ensure a suitable outcome for the member(s) of the team, management and business in general. At Consensus HR, we work with our clients to ensure that any amendments proposed are managed professionally and to best practice.”

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

Click Here

Are you concerned about how you recruit and your recruitment strategy?

Your Outsourced Human Resources (HR) Department.

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

20 02 2024

Sullivan v Isle of Wight Council – Whistleblowing: Job applicants | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusiness, #consensushr, #hertfordshirebusinesses, #jobapplicants, #outsourcedemploymentlaw, #outsourcedhumanresources, #whistleblowing, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultants, HR Support, Recruitment, Small Business, SME, SME's, stevenage

Summary:

Whistleblowing protection does not extend to external job applicants.

Note for employers:

This case clarifies the level of protection that job applicants can be given against whistleblowing and confirms that it will not be applied to external applicants, save under limited NHS job candidates not applicable in this case.

Nevertheless, even though the protection wasn’t extended in this case, this should serve as a reminder of the need for a robust recruitment process. This includes measures such as having more than one interviewer to avoid misinterpretation of what has been said. Another measure that can helps employers in cases such as these are compiling detailed notes during the interview process, including when it comes to making decisions. This will help employers get an overview of what happened during the interview and (hopefully) reassure them that genuine and on-discriminatory reasons explain the applicant’s rejection.

Our HR / Employment Law comments are at the bottom of this article.

LAW

The Employment Rights Act 1996 (ERA) sections 47B and 48 give protection to employees and workers following a public interest disclosure. It does not, however, extend that protection to job applicants.

Under the Human Rights Act 1998 section 3(1), primary legislation has to be read, so far as possible, in a way that is compatible with the European Convention on Human Rights (ECHR), including the status of worker under the ERA. That is unless by doing so it is necessary to amend the wording of the law; only parliament can do that.

Article 10 ECHR relates to the freedom of expression, and article 14 the prohibition of discrimination. Withholding protection from a whistle-blower legally entitled to protection would be a breach of these rights.

In Gilham v Ministry of Justice [2019], the Supreme Court had to decide how to interpret the ECHR definition of “other workers” found in article 14 in order to apply the whistleblowing protection under the ERA. To do so, it created a four stage test:

(i) whether the facts fell within an ECHR right;

(ii) whether the claimant was treated less favourably than others in an analogous situation;

(iii) whether the reason for such treatment was based on a listed ground or other status;

(iv) whether the treatment was proportionate

FACTS

The claimant had two job interviews with the respondent but was not accepted for either role. The claimant then filed a police report that alleged that during the interviews she had been verbally harassed by the respondent’s employees. She later complained directly to the respondent about the way the interviews had been conducted, prompting an internal investigation. She also made a complaint to her MP about the interviews and alleged that an employee of the respondent was involved in trust related financial irregularities. The respondent dismissed the complaints and disapplied her right to appeal.

The claimant subsequently brought a claim before the ET arguing that she had suffered a detriment when her right to appeal had been disapplied, and that this was because of the allegations regarding the financial irregularities she had made. She argued that whilst she was not a worker under the ERA, the protections for whistle-blowers should be extended to applicants by reason of ECHR articles 10 and 14

EMPLOYMENT TRIBUNAL (ET)

The ET had to first establish if it had jurisdiction to hear this case, which hung on whether or not the claimant held the appropriate status to be eligible to bring an ET claim.

In order to answer this, the ET applied the four stage test in Gilham v Ministry of Justice [2019]. To answer the second stage of that test, an “analogous” situation must be identified. Here, the claimant was arguing that internal applicants could be used for comparative purposes, and that by denying the right of appeal she had been treated less favourably that an internal applicant would have been. This was however rejected by the ET. In the case of an internal applicant, there is an existing relationship between the that does not exist in the same way as between the employer and an external applicant, and as such the situations cannot be analogous.

This reasoning led to the conclusion that she was not eligible to bring a whistleblowing claim. The ET held that Parliament had clearly intended to exclude job applicants from having whistleblowing protection. It also held that the ECHR was not engaged here, as ‘job applicant’ was not a recognised status for the purposes of article 14. In any event, the ET held that even if that were not the case, the actions of the respondent would have been proportionate in the circumstances.

This was appealed.

EMPLOYMENT APPEAL TRIBUNAL (EAT)

Dismissing the appeal, the EAT confirmed the ET’s decision that the claimant was not treated less favourably to others in an analogous situation as her status as external job application did not fall within the prescribed statuses in article 14. To hold otherwise, the EAT said, would only be possible after “legislative deliberation” on the wording of the existing law.

HRInform

Our HR Comment and Advice: – Sullivan v Isle of Wight Council – Whistleblowing: Job applicants | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: – “This is a rather interesting and comprehensive case that took me a few reads to fully understand but highlights the importance of companies ensuring their Recruitment Strategy is correct and working to best practice and the law. As stated within this case, Sullivan was not an employee and as such not eligible to bring a Whistleblowing claim but regardless of this, if the employer had ensured that they worked to best practice when recruiting by ensuring more than one person was recruiting and detailed notes of the interview had been kept when making the decision, this could have been dealt with a lot easier and promptly.”

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

Click Here

Are you concerned about how you recruit and your recruitment strategy?

Your Outsourced Human Resources (HR) Department.

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

Retail union calls on Low Pay Commission to be ambitious on minimum wage rates | Consensus HR in Herts & Beds

19 02 2024

Pay settlements set to fall for rest of 2024 | Consensus HR – Herts, Beds

Matthew Chilcott Blog, General, Payrol #bedfordshirebusiness, #bedfordshirebusinesses, #consensushr, #hertfordshirebusinesses, #outsourcedhumanresources, #payroll, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourced hr, Small Business, SME, SME's, stevenage

According to the latest Labour Market Outlook, produced by the Chartered Institute of Personnel and Development (CIPD), employers’ basic pay increase expectations over the next 12 months have fallen for the first time since spring 2020.

Having held steady at 5% for more than a year, UK employers expected basic pay increases for the year ahead have fallen to 4%, the CIPD has reported.

Its report also shows that fewer employers expect their workforce to grow than in previous quarters. Overall, a third (33%) of employer’s plan to increase their total staff level over the next three months while 10% plan to decrease their overall staffing levels.

However, many employers (38%) continue to report hard-to-fill vacancies and one in five respondents (21%) expect significant problems filling roles over the next six months.

Senior Labour Market Economist for the CIPD, Jon Boys, said: “We’ve seen a sustained period of high wage growth in response to a tight labour market, and high inflation pushing up the cost-of-living. Pay growth has helped individuals but it leaves employers with a higher wage bill to cover.”

To see a sustained return to growth, he continued, there needs to be a real focus on boosting productivity by investing in workplace skills and technology.

If firms are planning to reduce base pay increases, Mr Boys suggested that it would be in their interest to highlight their wider benefits package and to improve job quality.

The Labour Market Outlook for Winter 2023–24 can be found here.

HRInform – 13^th February 2024

Our HR Comment: – Pay settlements set to fall for rest of 2024 | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This article from the CIPD, our Chartered Institute has some very interesting statistic and emphasises the importance of business ensuring that their recruitment strategy for their business is correct and attracting / retaining the right talent. A Consensus HR, we work with companies to ensure that when they do recruit, they have all the correct tools in place to make it a success such as: Right advertising and marketing, correct recruitment strategy, writing of a Job Description, drafting of an applicable Contract of Employment, which they must have from day one of Employment. Access to a comprehensive HR Employee Handbook and state of the art IT system where they can gain access to all their / companies HR Policies and Procedures and records and book a holiday. Consensus HR help companies in all areas of Human Resources whilst making sure that our clients are never treated as a number and when they call us, we know straight away what they wish to discuss whilst providing a suitable best practice and Employment Law solution.”

Are you currently considering a pay review?

If you have a team and business that is growing and now are at the stage where you need to recruit or ensure that your company is working to best practice and the law whilst being an employer of choice, contact us now for a non-obligatory telephone conversation. Consensus HR | Your Outsourced Human Resources & Employment Law Department | “Helping companies take the pain out of employing people whilst Preventing People Problems – 01438 576750”.

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

Click Here

14 02 2024

Employment Law Newsletter February 2024 | Consensus HR – Herts, Beds

Matthew Chilcott Employment Law, General, Newsletter #hertfordshirebusinesses, #outsourcedemploymentlaw, #PWC #outsourcedHR, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Welcome

In this Quarters February 2024, Employment Law Newsletter edition we discuss:

The Employment Tribunal considered whether a university professor had been directly discriminated against, harassed and victimised for her gender-critical beliefs.
Employment contract affirmed in a case of constructive dismissal. All the relevant features of the case must be considered, not just the length of any delay
In the case of Holbrook v Cosgrove KC and others [2023] EAT 168, the Employment Appeal Tribunal (EAT) affirmed that extending the time for filing a belief discrimination claim, submitted five months late by an experienced barrister, was not deemed just and equitable.
Flexible working to become a day one of employment right
Pensions – gender pay gap revealed
The Council of the EU publishes AI Act
New guidance for Barristers and KCs using ChatGPT
Fixed fee of £55 is proposed for Employment Tribunal claims and EAT appeals

The Employment Tribunal considered whether a university professor had been directly discriminated against, harassed and victimised for her gender-critical beliefs.

The Employment Tribunal has affirmed the claims made by a former professor against her previous employer, the Open University. The allegations include direct discrimination, harassment, victimisation, and constructive dismissal based on her gender-critical beliefs. Her perspectives, such as asserting that a person cannot alter their biological sex and emphasising the distinction between sex and gender identity, met the Grainger criteria and were protected under the Equality Act 2010.

Professor Phoenix expressed her gender-critical views by co-signing a letter to The Sunday Times in 2019, leading to harassment and direct discrimination by colleagues. In one instance, the Deputy Head of Department likened her to “the racist uncle at the Christmas dinner table.”

In 2021, Professor Phoenix and others established the Gender Critical Research Network (GCRN), an academic research group focusing on sex, gender, and sexualities from a gender-critical perspective. An open letter, signed by 368 colleagues, opposed the GCRN, calling for its closure due to perceived hostility and harm to the trans community. Professor Phoenix filed a grievance of bullying and harassment, citing false allegations of being hostile to trans rights, damage to her professional reputation, and mental health issues, including death threats. Six months after GCRN’s launch, she resigned following a statement from the Vice Chancellor that failed to condemn the campaign against her.

The Tribunal determined that Professor Phoenix had the right to express her beliefs by initiating and participating in GCRN. The publication of the open letter by colleagues, encouraging a “pile on” from others, was deemed harassment based on those beliefs. Several other instances of similar harassment were also upheld. Although the university did not disaffiliate GCRN, it failed to adequately protect Professor Phoenix from harm, fearing support for gender-critical beliefs. Specifically, it neglected to address her grievance while still employed and refused to remove certain online statements. This failure to act constituted harassment, and the decision to terminate the grievance process after Professor Phoenix resigned amounted to post-employment victimisation. The university’s breaches of implied terms of trust and confidence and the duty to provide a suitable working environment resulted in constructive dismissal.

Employment contract affirmed in a case of constructive dismissal. All the relevant features of the case must be considered, not just the length of any delay.

The Employment Appeals Tribunal, EAT has held that a decision to affirm the employment contract in a constructive dismissal claim needs to address all potentially relevant features rather than relying solely on the fact of delay.

The claimant had worked as an academic at a university for 40 years. Between January 2019 and June 2020, he raised concerns with his employer about how it handled various grievance-related issues. In July 2020, the claimant contacted solicitors, and negotiations were made between his solicitor and the university. The claimant identified the failure of the negotiations on 7 September 2020 as the last straw and resigned.

He claimed constructive dismissal. The Employment Tribunal found that the claimant had realised at the end of June 2020 that the university would not help him and that he had affirmed his contract by waiting until 7 September 2020 to resign. The claimant appealed, and the only issue before the EAT was whether or not he had affirmed the contract.

The EAT considered the factors in play from the end of June 2020 to 7 September 2020. It acknowledged that the claimant’s 40 years of service meant that resigning might have involved particular upheaval and distress, potentially taking him some time to decide. In the context that the claimant was a university academic, the EAT also looked at the work he had been doing over the summer holiday period and whether he was doing work of such a nature or significance that continuing to do work itself constituted affirmation. It also considered the point that the claimant hoped that the negotiations over the summer would resolve his concerns.

The EAT held that the tribunal had relied too heavily on the pure fact of delay with insufficient consideration of these other relevant factors. The appeal was upheld and remitted to the same tribunal.

In the case of Holbrook v Cosgrove KC and others [2023] EAT 168, the Employment Appeal Tribunal (EAT) affirmed that extending the time for filing a belief discrimination claim, submitted five months late by an experienced barrister, was not deemed just and equitable.

The EAT concluded that a tribunal rightly denied an extension of time for the claimant to present his belief discrimination claim. The claimant, a barrister with over 30 years of experience, tweeted in January 2021 about a schoolgirl repeatedly sent home due to her Afro hairstyle, gaining media attention. His colleagues perceived the tweet as offensive and racist, resulting in his expulsion from chambers. The claimant, asserting a belief in social conservatism, filed a belief discrimination claim submitted five months beyond the deadline.

The claimant contended that the tribunal should extend the time on a “just and equitable” basis, arguing he believed the case Forstater v CGD Europe and others ET/2200909/2019 (which initially held that Ms Forstater’s gender critical belief wasn’t a protected belief) suggested his claim’s lack of success. He claimed to have read the reversed EAT decision in Forstater v CGD Europe and others UKEAT/010520 two months after publication due to preoccupation with Bar Standard Board (BSB) proceedings.

The Employment Tribunal rejected the claim, deeming it unreasonable for the claimant to rely on a non-binding authority and to delay reading the EAT decision. The claimant appealed.

The EAT upheld the tribunal’s decision, stating there was “no real uncertainty as to the legal position.” Given Forstater’s tribunal judgment was a first-instance decision and the EAT decision was based on established principles, the claimant’s prioritisation of BSB proceedings wasn’t a valid reason for missing time limits. The Tribunal’s assessment of prejudice to the claimant was found without error.

Flexible working to become a day one of employment right

The Flexible Working (Amendment) Regulations (SI 2023/1328) eliminate the necessity for employees to possess a minimum of 26 weeks’ service to qualify for submitting a flexible working request, and these regulations will be effective from 6 April 2024.

The Employment Relations (Flexible Working) Act 2023 received Royal Assent on 20 July 2023. This Act introduces various alterations to the right to request flexible working, notably allowing employees to make two requests (instead of one) within any 12-month period. Additionally, employers must respond to requests within two months, a reduction from the previous three-month timeframe. Commencement regulations will be established to fully implement the Act, accompanied by an updated Acas statutory Code of Practice.

Upon the Act’s passage, the Government declared its commitment to make the right to request flexible working a “day one” entitlement through secondary legislation. The Flexible Working (Amendment) Regulations 2023 were presented to Parliament on 11 December 2023 and will be in effect from 6 April 2024. These regulations annul regulation 3 of the Flexible Working Regulations 2014, which mandated a continuous employment period of at least 26 weeks for an employee to be eligible to make a flexible working request. Consequently, as of 6 April 2024, no prior service requirement will be necessary to submit a flexible working request. These regulations apply to England, Scotland, and Wales.

Pensions – gender pay gap revealed

Research has unveiled a significant disparity between UK women’s and men’s retirement savings. On average, women would need to engage in full-time employment for an additional 19 years to attain a pension pot equivalent to that of men. The study reveals that women retiring at 67 currently possess an average pension savings of £69,000, whereas men have £205,000.

The report, conducted by NOW: Pensions and the Pensions Policy Institute, underscores the need for girls to save at three to match the retirement savings of their male counterparts, especially considering that pension auto-enrolment typically begins at 22. Various factors contribute to this gender pension gap, including caring responsibilities, childcare expenses, career breaks, and lower income.

In response to these findings, NOW: Pensions advocates for governmental action to eliminate the £10,000-a-year earnings threshold for pensions auto-enrolment. This threshold disproportionately affects women working part-time, holding multiple jobs, or working as freelancers. Additionally, the organisation calls for the commencement of auto-enrolment at age 18 and urges the government to introduce a supplementary contribution for individuals who take time off work to care for children or other family members.

The Council of the EU publishes AI Act

The most recent version of the Artificial Intelligence Act has been released by the Council of the European Union, aiming for approval from the European Parliament, which is expected to occur in April 2024. Council approval was granted on 2 February, 2024, following a political agreement reached in December 2023 after an extensive fifth trilogue meeting. This updated text incorporates an analysis of changes made since the previous published versions of the Act. Notable alterations encompass the final definition of an AI system, prerequisites for a fundamental rights impact assessment, restrictions on real-time biometric identification, and regulations for general-purpose AI systems. The European Parliament will review the latest text before a final vote by Members of the European Parliament (MEPs) scheduled for 10 April 2024. Upon approval, the Act is set to come into effect later in the year following its publication in the Official Journal.

New guidance for Barristers and KCs using ChatGPT

The Bar Council has released updated guidelines for barristers regarding utilising ChatGPT and generative artificial intelligence software based on large language models (LLM). These guidelines outline the primary risks associated with LLMs, including anthropomorphism, hallucinations, information disorder, biases in data training, mistakes, and the potential exposure of confidential data during training. Additionally, the guidance delves into considerations for barristers when employing LLM systems: To mitigate possible hallucinations and biases, barristers are advised to verify the output of LLM software and adhere to established procedures for checking generative outputs. The guidelines emphasise that LLMs should not substitute for the exercise of professional judgment, high-quality legal analysis, and the expertise expected by clients, courts, and society. The guidance highlights the risk of disciplinary proceedings, professional negligence, defamation, and data protection claims arising from careless or inappropriate use of LLM systems. Barristers are urged to exercise extreme caution when sharing legally privileged or confidential information with an LLM system, as the input data may be utilised to generate future outputs that could potentially be publicly disclosed. Additionally, barristers should critically evaluate whether content generated by LLMs might infringe on intellectual property rights and avoid using language that could breach trademarks. Staying updated on relevant Civil Procedure Rules is emphasised, as future amendments may introduce regulations or practice directions related to using LLMs. The guidelines conclude that while there is nothing inherently improper about incorporating reliable AI tools to enhance legal services, practitioners must comprehend these tools thoroughly and utilise them responsibly, ensuring accuracy and compliance with applicable laws, rules, and professional codes of conduct. A press release accompanying the guidelines, provided by the Council, further elaborates on these points.

“The growth of AI tools in the legal sector is inevitable and, as the guidance explains, the best-placed barristers will be those who make the efforts to understand these systems so that they can be used with control and integrity. Any use of AI must be done carefully to safeguard client confidentiality and maintain trust and confidence, privacy, and compliance with applicable laws.

“This Bar Council guidance sets out the key risks and considerations and will support barristers using LLMs to adhere to legal and ethical standards. It will be kept under review and practitioners will need to be vigilant and adapt as the legal and regulatory landscape changes.”

Fixed fee of £55 is proposed for Employment Tribunal claims and EAT appeals

The Ministry of Justice (MoJ) has initiated a consultation on the potential reinstatement of fees for Employment Tribunal claims and appeals to the Employment Appeal Tribunal (EAT). The proposed structure involves a fixed fee of £55 for both claims and appeals, accompanied by a fee remission program for individuals meeting specific financial criteria.

Commencing on 29 January 2024, the MoJ’s consultation revisits the concept of fees, previously introduced in 2013 but invalidated by the Supreme Court in 2017 due to its disproportionate impact on access to justice R (Unison) v Lord Chancellor [2017] UKSC 51. The current proposal suggests a modest £55 issue fee for all Employment Tribunal claims, excluding those related to payments from the National Insurance Fund (typically arising from employer insolvency), which would be exempt. This fee remains fixed at £55, irrespective of the number of complaints or claimants on the form. Unlike the 2013 scheme, no separate hearing fee is suggested; the £55 issue fee covers the entire claims process. For EAT appeals, a proposed fee of £55 applies to each judgment, decision, direction, or order being appealed.

The consultation maintains the authority of tribunals to order a respondent to reimburse a successful claimant’s fees through a costs award (rule 76(4), ET Rules).

The MoJ asserts that a £55 fee is reasonable and generally affordable. Claimants falling below certain income and savings thresholds can benefit from extending the existing civil court fee remission scheme, Help with Fees (HwF), to the Employment Tribunal and EAT. The Lord Chancellor is also allowed to remit fees in exceptional cases outside the HwF scheme.

In contrast to the 2013 fees regime, where fees ranged from £160 to £950, the Government acknowledges that the previous structure did not strike the right balance between funding the tribunal system and safeguarding access to justice. The proposed reinstatement of fees aims for consistency with other civil courts and tribunals while generating funds (estimated at £1.3m–£1.7m annually) to invest in Acas dispute resolution, reducing costs to taxpayers. The government anticipates tribunal fees may incentivise parties to resolve disputes through Acas early conciliation.

The consultation period spans eight weeks, concluding on 25 March 2024.

This newsletter does not provide a full statement of the law and readers are advise to take legal advice before taking any action based on the information contained herein’.

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

Click Here

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”.

12 02 2024

Britain has a bigger but sicker workforce than previously thought | Consensus HR – Herts, Beds

Matthew Chilcott Absence Management, Blog, Employment Law, General #bedfordshirebusiness, #consensus hr, #consensushr, #hertfordshirebusinesses, #sickness, absence, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

The Office for National Statistics (ONS) has revised its estimates of the size and shape of the UK labour market showing that it has a bigger workforce, with employment up 170,000 compared to previous estimates.

However, the ONS has also highlighted that the number of people economically inactive due to long-term sickness has been revised up from its previous record high of 2.6 million to 2.8 million.

Independent think tank, the Resolution Foundation, explained that ONS’ reweighting of the labour force survey was to reflect the UK population growing faster than previously thought and it confirms that the labour market is bigger but weaker than previous estimates.

The ONS has also revised the shape of the UK population, with a slightly larger share of younger (aged 16–17 and 18–24) workers (up 0.2 and 0.1 percentage points respectively), and a smaller share of workers aged 25–34 and 50–64 (down 0.3 and 0.2 percentage points).

Hannah Slaughter, Senior Economist at the Resolution Foundation, said: “Britain has a bigger, but sicker, workforce than we previously thought. Of particular concern is that the fact that a record 2.8 million people in the country are currently inactive due to ill-health. Tackling rising ill-health is a huge social and economic challenge that we’ll be facing throughout the 2020s, as will getting the UK employment back up to and beyond pre-pandemic levels.”

Our HR Comment / Advice: – Britain has a bigger but sicker workforce than previously thought | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: There are some very interesting statistics within this article and interesting how it differs dependent of age. Sickness within the team can cause severe consequences within any business and is why we always ensure a suitable, proactive sickness Policy & Procedure I introduced with management taking the necessary action as requested. All employees regardless of length of service or sickness should have a return-to-work meeting arranged, to discuss their absence and identify if there is any action the company / employee can take to support them, whilst ensuring it does not become a regular occurrence. Failure to manage sickness appropriately can result in a demotivated team and drop in sales and customer service.”

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

Click Here

What is your Employment Status?

Your Outsourced Human Resources (HR) Department.

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

Understanding the New "Fire and Re-hire" Code of Practice in the UK | Consensus HR in Herts & Beds

06 02 2024

Proposal to bring back fees in Employment Tribunals and the EAT | Consensus HR – Herts Beds:

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusiness, #employmenttribunal;, #hertfordshirebusinesses, #HR Herts, #outsourcedemploymentlaw, #outsourcedhumanresources, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

The Ministry of Justice (MoJ) has launched a consultation into the proposed reintroduction of modest fees in the Employment Tribunals (ET) and Employment Appeal Tribunal (EAT).

With full details available at https://consult.justice.gov.uk/digital-communications/introducing-fees-employment-tribunals-eat, it states that the aim is to contribute to the continuous improvement of the Courts and Tribunals Service and to reduce the cost to the taxpayer to fund these services.

The proposal is to introduce “modest fees” for claimants to bring a claim in the ET and appellants bringing an appeal in the EAT.

Parliamentary Under Secretary of State, Mike Freer, said: “The Ministry of Justice has carefully considered the 2017 Supreme Court ruling on the previous approach to fees in the Employment Tribunals and has endeavoured to ensure that the fees proposed in this consultation are proportionate and affordable, in line with the judgment.”

As with other court and tribunal jurisdictions, he went on, those who cannot afford to pay the proposed fees will be supported by the Government’s fee remission scheme, Help with Fees (HwF).

In addition, modest fees may incentivise parties to settle their disputes early through ACAS without the need for claims to be brought to an Employment Tribunal, the MoJ argues.

The proposal is to introduce a £55 issue fee that is payable by the claimant on bringing a claim to the Employment Tribunal with the same fee charged in the EAT, payable per judgment, decision, direction or order of an ET being appealed.

The deadline for responding to this consultation is 25 March 2024.

HRInform – Jan-24

Our HR Comment: Proposal to bring back fees in Employment Tribunals and the EAT | Consensus HR – Herts Beds.

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is a very interesting article and the information / link provided by the Government shows some detailed information since the previous introduction of fees was trialled from July 2013 to July 2017 and characterised claims in two different ways:

‘Type A’ or ‘Type B’ claims different fees payable dependent on whether the claim was a Type A or Type B claim. Type A claims (which covered simple disputes such as unpaid holiday pay) attracted an issue fee of £160 and a hearing fee of £230, totalling £390 in fees. Type B claims (which covered more complex disputes such as discrimination) attracted an issue fee of £250 and a hearing fee of £950, totalling £1200 in fees. The EAT attracted a £400 issue fee and a £1200 hearing fee, totalling £1600 in fees.

A proposed fee of fee £55 is generally seen as affordable for claimants and appellants and we wait to see if this progresses with the current long waiting times.”

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 dot their ‘Is’ and Cross their ‘T’s’

Click Here

Possible Return of Employment Tribunal Fees

Do you run a business with a team and wish to concentrate on what you know best, your product and have somebody else look after the HR & Employment Law side ensuring you are working to best practice and the law whilst becoming an employer of choice? 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”.

Your Outsourced Human Resources (HR) Department.

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

05 02 2024

Dotting the I’s and Crossing the T’s | Consensus HR – Herts, Beds

Matthew Chilcott Blog, General @sg1businessclub, #bedfordshirebusiness, #consensus hr, #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

One of the many things I have learnt since I have been fortunate to be in employment within a wide range of sectors and roles prior to moving permanently to HR is the importance of Dotting the I’s and Crossing the T’s.

Many of our clients have very successful businesses who have had to adapt in some cases drastically since the Covid situation with drop in sales and bottom-line profit, team members working from home, high sickness levels and more than ever as the need to dot the I’s and cross the T’s been more apparent.

Employment Life Cycle:

Human Resources (HR) is made up of what we call within the business, the HR Employment Life Cycle (ELC) from the recruitment, development, reward and termination which affects all members of the team.

Assets:

We always say that your team within your company is one of your most important assets and need to be treated as such with the correct tools in place when recruiting the right candidate to ensure the relevant development, salary and benefits are provided whilst remembering the Rome was not built in a day!

Planning:

Now, probably more than ever time and planning are crucial if your business is going to be successful. Although many business owners know their products and services extremely well, when it comes to employing people, they fail to ensure that the correct Policies and Procedures are followed to ensure best practice and adherence to the law.

Experience:

Experience has shown us that many business owners are extremely reasonable and, in some circumstances, too reasonable but fail to keep a note of what action they have taken to demonstrate how reasonable they have been as an employer. As I have commented many times, HR is covered by Civil Law and the ‘Balance of Probabilities’ and the word reasonable is used continually. Business owners have to be able to demonstrate that the action they have taken is reasonable and should it come to an Employment Tribunal (ET) they would be the one answering the claimants Barristers / Solicitors questions whilst justifying why the action taken was what a ‘reasonable’ employer would do. You may ask ‘what would a reasonable employer do?’ This is where you come in and explain the actions you took and why you as an employer / manager believed they were ‘reasonable’. The ET Judge will then decide if they agree or not and if not why?

Why Dotting the ‘I’s’ and Crossing the ‘T’s”:

When I thought about the title of this blog, I wanted to emphasise that in the world of HR, it may seem to some business owners that we are all paperwork and policies and procedures, but it is vital that the correct, professional systems (ACAS) and documents are put in place from the start. One of our previous blogs titled ‘HR Foundations” highlights this. If business owners are spending time being a reasonable employer, then they need to ensure that they gain the benefits from it. We always suggest that managers / business owners keep draft bullet points on a team members strengths and development needs for use when needed such as in a performance review (Appraisal) as the bad points are generally remembered more than the good points and both are needed to ensure a successful review takes place. (General Data Protection Regulations (GDPR) must be adhered to.) Success in this area can result in businesses receiving the benefits such as better employee retention and sales to name a few but it is vital that this is not kept as a secret or used in a negative way or it could result in the opposite of bad motivation, retention, sales and a breach of the GDPR and law.

Employers when having the opportunity to employ should ensure that their Policies and Procedures within the world of HR cover all areas of the Employment Life Cycle and are written in plain English, user friendly, properly implemented, followed and documented with the team, whilst ensuring they Dot the “I’s’ and Cross the ‘T’s’. Employers must ‘practice what they preach’ and ‘walk the talk’ as failure when dealing with any performance, conduct or capability issues to name a few, could result in a negative, rather than a positive outcome.

Too many times we see new employees dumped with a barrage of paperwork on their first day of employment and it is known from experience that a new employee will sign anything on their first day as they want to make a good impression and not ask questions that they believe will make them look silly. New members of the team should be welcomed to the business and given a tour of their new business environment whilst ensuring a briefing / induction session takes place on the companies Policies & Procedures, Health & Safety and where to find a copy if needed in the future. We use Breathe HR for our clients and ensure that all members of their teams have access to the business Policies & Procedures as and when needed through their portal whether this be on their mobile or computer.

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 dot their ‘Is’ and Cross their ‘T’s’

Click Here

At Consensus HR & Employment Law

If you run a company with a team and wish to grow and continue with what you know best, your product and not get tied down with HR, Employment Law and Payroll, give us a call now for a non-obligatory chat to see how we can help you work to best practice and the law. Consensus HR | Your Outsourced HR Dept – “Helping companies take the pain our of managing people whilst Preventing People Problems – 01438 576750

Your Outsourced Human Resources (HR) Department.

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

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.”

How we work

FAQ's

Pricing

Our HR Team

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 dot their ‘Is’ and Cross their ‘T’s’

Click Here

Ensuring you manage correctly.

If you run a company and have a team and wish to ensure that you are running it correctly when it comes to HR, Employment Law & Health & Safety, give us a call now to discuss how we can help you. Consensus HR | Your Outsourced HR & Employment Law Department – “Helping companies take the pain our of employing people whilst Preventing People Problems – 01438 576750

Your Outsourced Human Resources (HR) Department.

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

30 01 2024

Monthly HR blog Newsletter – January 2024 | Consensus HR, Herts, Beds

Matthew Chilcott Blog, General, Newsletter #bedfordshirebusiness, #hertfordshirebusinesses, #HRNewsletter, #outsourcedemploymentlaw, #outsourcedhumanresources, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

In our current Monthly recap HR blog Newsletter – January 2024 we have:

HMRC asks for comments on IR35 | Consensus HR – Herts, Beds
Lone working: protect those working alone | Consensus HR – Herts, Beds
UK judge rules against FCA manager who wanted to work from home | Consensus HR – Herts, Beds
Employment Law Updates – 2024 | Consensus HR – Herts, Beds
Government publishes draft paternity leave regulations | Consensus HR – Herts, Beds
Government amends Equality Act to ensure rights continue | Consensus HR – Herts, Beds

HMRC asks for comments on IR35 | Consensus HR – Herts, Beds

HM Revenue and Customs (HMRC) has launched a consultation seeking views on calculating PAYE liabilities in cases of non-compliance for off-payroll working (IR35).

This technical consultation sets out the mechanism by which HMRC will be able to account for taxes already paid by individuals and their intermediary on income received from off-payroll working when recovering the tax due under PAYE from the employer.

It includes a draft Statutory Instrument (SI), the Income Tax (Pay As You Earn) (Amendment) Regulations 2024, and several items of draft guidance/

Lone working: protect those working alone | Consensus HR – Herts, Beds

At Consensus HR, we are continually asked about many areas of Health & Safety and one area that recently raised its head was Lone working: protect those working alone. This detailed information from the Health & Safety Executive (HSE) gives some very valuable guidance and tools:

Lone workers can be at greater risk of harm as they may not have anyone to help or support them if things go wrong.

Employers should provide training, supervision, monitoring and support for those working alone.

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

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.

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.

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

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.

Government amends Equality Act to ensure rights continue | Consensus HR – Herts, Beds

The Equality Act 2010 (Amendment) Regulations 2023, which came into force on 1 January 2024, maintain the effects of certain retained EU law in relation to several aspects of the 2010 Act.

The new Regulations, which can be found here, amend the Equality Act 2010 to ensure that current rights continue given that the interpretive effects of EU law on the UK’s statute book were removed, at the end of 2023, by the Retained EU Law (Revocation and Reform) Act 2023. Employment Law is always changing and we discuss this on our website.

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 for clients with team.

Click Here

At Consensus HR & Employment Law

Your Outsourced Human Resources (HR) Department.

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

29 01 2024

HMRC asks for comments on IR35 | Consensus HR – Herts, Beds

Matthew Chilcott Blog, General, Payrol #bedfordshirebusiness, #consensus hr, #consensushr, #hertfordshirebusinesses, #hwerf, #outsourcedemploymentlaw, #outsourcedhumanresources, #outsourcing, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Ir35, Small Business, SME, SME's, stevenage

HM Revenue and Customs (HMRC) has launched a consultation seeking views on calculating PAYE liabilities in cases of non-compliance for off-payroll working (IR35).

It includes a draft Statutory Instrument (SI), the Income Tax (Pay As You Earn) (Amendment) Regulations 2024, and several items of draft guidance/

The draft SI contains detailed provisions to be introduced in the Income Tax (Pay As You Earn) Regulations 2003 to allow the PAYE liability that is recovered from the deemed employer to be reduced by amounts of tax already assessed and/or paid by the worker and their intermediary.

It also contains conditions under which it can apply, the mechanics of the recovery and the appeal rights associated with it.

People who work through their own intermediary (eg a personal service company (PSC)) are advised to consider this consultation as are medium and large-sized clients, public authorities, agencies, partnerships and individuals who engage people who work through their own intermediaries.

HMRC suggests that it will also be of interest to HR managers and those who deal with recruitment processes and payroll.

Full details, including the various drafts, can be found on the GOV.UK website and the deadline for submitting comments is 22 February 2024.

HRInform – 26-Jan-24

Our HR comment: HMRC asks for comments on IR35 | Consensus HR – Herts, Beds

Matthew Chilcott FCIPD, ACEL, Owner of Consensus HR comments: “It is good to see that the HMRC are asking for comments in relations to payments in relation to IR35 as this has been a rather complicated system since its introduction. The IR35 – off payroll working rules make sure that a worker (sometimes known as a contractor) pays broadly the same Income Tax and National Insurance as an employee would.

The rules apply if the worker who provides services to a client through their own intermediary would have been an employee if they were providing their services directly to that client.

The Gov.UK website has detailed information in relation to this and who the rules apply to etc.

At Consensus HR, we work with a payroll company that ensures all our clients not only have the best HR & Employment Law services but also payroll support when needed.

To view more about Payroll and our Partners

At Consensus HR, we are proud to offer Payroll support with our partners.

Click Here

Contact us now

Your Outsourced Human Resources (HR) Department.

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

Lone working: protect those working alone | Consensus HR – Herts, Beds

Cookie	Duration	Description
cookielawinfo-checkbox-analytics	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional	11 months	The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.