In the biggest upgrade to workers’ rights in a generation, the proposed reforms include ending exploitative zero-hours contracts, limiting fire and rehire practices, and strengthening workers rights. This includes day-one employment rights to statutory sick pay, paternity and parental leave, as well as enhanced protection from unfair dismissal.

This article summarises some of the key proposals from the Bill, focussing specifically on the potential impact these reforms could have on businesses and workers, and identifying the steps employers can take to prepare for upcoming changes. 

### Unfair dismissal rights

Employees will have a new right not to be unfairly dismissed from day one of starting employment, subject to a probationary period of up to 9 months (subject to consultation). Currently, employees have limited legal rights and protection during the first two years of employment. This represents a major change to employment law, and a shift significantly in favour of the employee.

>**“Strengthening unfair dismissal rights will have a significant impact on some employers. Many businesses will be required to reconsider their approach to dismissals, ensuring that all employees, regardless of their length of service, are treated fairly and consistently. Employers will also need to put greater emphasis on their hiring practices, as there will be increased pressures to recruit the right person for their business on the first attempt.”**

>**Louise Cossar**, 
Senior Employment Law & HR Consultant

### Fire and rehire possible in only very limited circumstances

Also known as dismissal and re-engagement, the Bill stipulates that it will be automatically unfair to dismiss an employee who refuses to accept a change in their terms of employment or to replace them with another employee on altered terms for a substantially similar role. A narrow exception will be allowed in instances where a company is in significant financial distress (specific details to be established through consultation). However, it is clear that the Bill will greatly restrict an employer's ability to change contractual terms without obtaining employee consent.

### Zero-hours contracts

The Bill introduces new rights for workers on low hours or zero-hours contracts to be offered guaranteed hours if they work regularly over a defined reference period - it’s likely this will be calculated over a 12-week period. There is no obligation on the worker to accept the offer. Employers will need to repeatedly offer guaranteed hours at the end of each reference period.

In addition, the Bill provides that workers on zero and low hours contracts must be given ‘reasonable notice’ of changes in shifts or working time, with compensation payable for shifts cancelled, curtailed or moved at short notice. 

>**“Employers who rely on flexible contracts will understandably be very concerned about these proposals. There will be increased administrative costs attached to having to offer relevant workers guaranteed hours at the end of each reference period. In addition, businesses will have reduced workforce flexibility and will face additional financial costs of having to compensate workers for cancelled shifts at short notice.”**

>**Louise Cossar**, 
Senior Employment Law & HR Consultant

Details of how these rights will operate (including the level of compensation) will be set out in separate regulations following a full consultation period. The consultation process will begin in 2025 and will also explore whether these rights should be extended to agency workers. 

### Family friendly rights

Parental leave rights will be strengthened under the Bill with proposals to introduce day-one rights for paternity and parental leave (currently employees need 26 weeks of continuous services to qualify for paternity leave, and one year’s service to qualify for parental leave). 

The Bill also proposes to extend bereavement leave to a wider group of employees (this group is still to be defined and subject to consultation). At present, bereavement leave is only available to parents who lose a child under 18 or experience a stillbirth after 24 weeks of pregnancy. Those who have lost a child will remain entitled to two weeks' leave but the entitlement will be one week (in respect of each deceased person) in other cases. 

Consideration will also be given during the consultation phase to whether paid carer’s leave should be introduced.

### Statutory Sick Pay

Currently, Statutory Sick Pay (SSP) is payable from the fourth day of being unwell, and employees need to earn at least on or above the lower earnings limit (currently £123 per week) to qualify. The Bill proposes to change this, making SSP payable from day one of absence and removing the rule to earn on or above the lower earnings limit. 

Analysis from the Department of Work and Pensions (DWP) suggests the additional SSP payments payable by employers will cost around £400 million per year. 

“This development marks a significant shift towards improved financial security and support for employees. However, it poses a challenge for employers, who will need to prepare for the impact these changes will have on operational costs,” says Louise Cossar, Senior Employment Law & HR Consultant at Mentor. 

### Trade unions

The Bill includes additional provisions to strengthen unions’ rights. This includes changes designed to make it easier for trade unions to gain access to workplaces, secure statutory recognition (removing the current requirement to secure backing of at least 40% of the workforce) and take industrial action in the event of a dispute.

The legislation will also require employers to inform new employees of their right to join a trade union and to remind staff regularly of this right. Union representatives’ right to reasonable paid facility time (time off work to carry out their trade union role) will also be strengthened.

Commenting on these proposals, the government has acknowledged that strengthening trade union bargaining power could lead to employers being required to pay higher wages or having to provide better terms and conditions. 

## Will there be any other changes?

Yes, additional key proposed reforms from the Bill includes:

- additional third-party harassment measures
- enhanced dismissal protection for pregnant women and returners from statutory family leave
- stronger flexible working rules
- changes to collective redundancy rules
- amendments to gender pay gap reporting
- the establishment of a Fair Work Agency to ensure workers’ rights are enforced.

## What happens next?

The Bill will now start its journey through parliament and may be subject to various amendments. 

The good news for employers is that implementing changes will take a considerable period of time - for some proposals, this could be several years away. Indeed, the government has stated that it expects to begin consulting on these reforms in 2025, seeking input from all stakeholders, and that the majority of reforms will not happen until at least 2026. Reforms of unfair dismissal rights will not take effect until Autumn 2026 at the earliest. 

Once the Bill is passed and consultation documents are published, the pace of change will accelerate significantly, leading to a busy period for businesses, HR professionals, and employment lawyers.

## How Mentor could support you

Manage your people anywhere, anytime, on any device with MentorDigital. You’ll get HR calculators, document storage and time off tracking, health & safety risk assessments and accident reporting, and step-by-step employee case management – all for free. [Get free instant access.](/join) 

Let Mentor's team of experts take care of your HR, health & safety, and environmental issues with
unlimited calls and real-time live chat, onsite audits of your current practices, and flexible subscriptions that don't tie you to a long-term contract. [Get a quote](/get-in-touch).

Please note, Mentor services incur a cost.

Person at home working on a laptop studying paper documents

news image (2).jpg

What does the Employment Rights Bill mean for your business and workers?

Person at work using their laptop and headphones taking down instructions

Flexible working.jpg

Flexible working rules: Are employers up to speed?

## New legislation called the Employment (Allocation of Tips) Act 2023 takes effect from the 1 October 2024 and will regulate the allocation and distribution of tips.

This new law will affect any business that accepts and manages tips – primarily impacting on the hospitality and service sectors. All in-scope tips, gratuities and service charges paid by customers on or after 1 October 2024, along with some tips received by workers, will be subject to the new rules. 

## What are the new rules?

Under the new legislation, an employer must ensure that:

- the total amount of the qualifying tips*, gratuities and service charges paid at a place of business is allocated fairly between workers (and agency workers) at that place of business
- all tips are paid to workers by the end of the month following the month in which the tips are received from customers (for example, if a customer leaves a tip on 23 October, it must be distributed by 30 November at the latest)
- no deductions (including administrative charges) are made from tips, other than any tax deductions required by law.

*Qualifying tips are those that the employer receives, or exercises control or significant influence over. Tips received and kept by individual workers, with no employer involvement, are not in-scope. 

### Requirement to keep a written policy

If tips are paid on “more than an exceptional or occasional basis”, employers must have a written policy on how tips are dealt, and this policy should be made available to workers. 

There is also a requirement for these employers to keep records of how each tip has been dealt with for a period of three years from the date when the qualifying tip was paid. 

Workers have the right to make written requests to view the tipping records of the business for a period dating back up to three years, provided they worked for the employer for the full duration of the requested period.

## Where can I find further guidance?

### Code of Practice on fair and transparent distribution of tips

The government has issued a [Code of Practice](https://www.gov.uk/government/publications/distributing-tips-fairly-statutory-code-of-practice/code-of-practice-on-fair-and-transparent-distribution-of-tips-html-version#introduction-and-purpose) that provides guidance and suggestions to employers on how to allocate tips fairly. 

The four key areas covered by the Code include:

- identifying qualifying tips and qualifying workers 
- the factors and methods relevant to fairness
- what the requirements for transparency are
- how to address problems and disputes.

A key recommendation in the Code is that “employers should consult with workers to seek broad agreement in the workplace that the system of allocation of tips is fair, reasonable and clear.” 

## How Mentor could support you

Manage your people anywhere, anytime, on any device with MentorDigital. You’ll get HR calculators, document storage and time off tracking, health & safety risk assessments and accident reporting, and step-by-step employee case management – all for free. [Get free instant access.](/join) 

Let Mentor's team of experts take care of your HR, health & safety, and environmental issues with
unlimited calls and real-time live chat, onsite audits of your current practices, and flexible subscriptions that don't tie you to a long-term contract. [Get a quote](/get-in-touch).

Please note, Mentor services incur a cost.

Cafe worker behind counter giving a customer their change

24.09.03_news_tips (1).jpg

New rules on allocating tips at work: What employers need to know

## In the face of ongoing civil unrest in the UK, it’s important that businesses take measures to ensure the safety of their employees and customers.

Violent protests can be upsetting and dangerous, especially for any employees who are part of communities that are being targeted. But with careful planning and thoughtful decision-making you can help keep them safe.

NatWest Mentor has identified some key areas to focus on in order to safeguard your employees' safety and well-being during these challenging times.

## Prioritise employee safety and wellbeing

It’s important to make sure your employees are informed about the ongoing national situation so that any potential local incidents can be considered.

Their safety should be paramount and it’s crucial that they know this, so they feel supported and reassured. This also helps them understand any changes to business operations.

Kevin Boyle, Senior Safety, Health and Environment Advisor with NatWest Mentor, says: “The risk of violent protests is no different from any other risk that can be anticipated.

This means that as an employer you have a legal duty of care under the Health and Safety at Work Act 1974 to protect the health and safety of both workers and others on your premises and provide a safe place of work.

Depending on the level of risk in relation to proximity, you may consider closing the premises early, locking down or securing the building as much as is reasonably practicable, or allowing staff to leave work early or work from home.

Consideration should also be given to supporting your employees in relation to the psychological impact the current situation could be having on them. Be prepared to offer emotional and practical support, and reassurance, to all affected employees.”

## Make sure your communication is clear

Depending on the size of your business, it could help to establish a communications plan that includes emergency contact numbers and procedures.

- Make sure any emergency protocols and contact details are kept up to date and that they suit the current circumstances.
- This may include designating safe areas within your premises and providing instructions on what to do in case of an emergency.
- When unrest could be happening locally (to the business or the employee’s home), encourage remote working where possible.
- Keep potentially vulnerable staff out of harm's way and ensure that your team has the necessary tools and resources to work effectively from home.

## Stay informed and connected

As an employer, it’s important to stay updated on the latest developments through reliable news sources and official channels. It’s worth noting that any reports on social media should be verified and checked.

- Sign up for local alerts to receive real-time information about the situation in your area, so that accurate information can be passed to employees.
- Community collaboration can be important too, so follow any advice from local authorities to ensure the safety of your business and employees.
- Connecting with neighbouring businesses through local organisations or even informally is both a good source of information and a way to support each other.

## How Mentor could support you

Manage your people anywhere, anytime, on any device with MentorDigital. You’ll get HR calculators, document storage and time off tracking, health & safety risk assessments and accident reporting, and step-by-step employee case management – all for free. [Get free instant access.](/join) 

Let Mentor's team of experts take care of your HR, health & safety, and environmental issues with
unlimited calls and real-time live chat, onsite audits of your current practices, and flexible subscriptions that don't tie you to a long-term contract. [Get a quote](/get-in-touch).

Please note, Mentor services incur a cost.

Image of an apprehensive person sitting by their work computer

news image (1).jpg

UK protests: putting employees first in times of uncertainty

## The recent landslide victory for the new Labour government will lead to a raft of changes in employment law and HR.

Labour has promised that within 100 days of entering office, they will bring forward an Employment Rights Bill to legislate a “New Deal for Working People”. This means that by 12 October 2024, parliamentary consultation on a number of key changes to employment legislation could be underway.

## What changes have Labour promised to make?

In June 2024, the Labour Party announced their manifesto ahead of the 2024 General Election. This article summarises their key promises, focussing specifically on proposed employment law changes and the impact this may have on UK businesses.

#### Rules on Unfair Dismissal

Labour has proposed that the right not to be unfairly dismissed should be a day one right. Currently, employees need two years service before gaining legal protection for ordinary unfair dismissal.

Whilst this is undoubtedly positive for employees starting new employment, it means employers may have to retain underperforming employees for longer periods. Employers will not be able to dismiss their employees with under two years’ service without following a full and fair procedure, and this may include several stages.

>**“Strengthening unfair dismissal rights will have a significant impact on some employers. Many businesses will be required to reconsider their approach to dismissals, ensuring that all employees, regardless of their length of service, are treated fairly and consistently.”**

>**Louise Cossar**, 
Senior Employment Law & HR Consultant

#### National Living Wage

Labour has pledged to introduce a ‘genuine living wage’ in place of the National Minimum Wage. This includes changing the Low Pay Commission’s remit to ensure that future minimum wages hikes take into account the cost of living. 

In addition, Labour has promised to remove the age bands in determining minimum wage, so that all adults will be entitled to the same minimum wage. The manifesto reads: "Labour will also remove the discriminatory age bands, so all adults are entitled to the same minimum wage, delivering a pay rise to hundreds of thousands of workers across the UK."

>**“It would be sensible for employers to proactively prepare for the potential rise in wage costs.”**

>**Louise Cossar**, 
Senior Employment Law & HR Consultant

#### Statutory Sick Pay

Labour has proposed to increase Statutory Sick Pay (SSP); change the qualifying rules making this a day one right; and expand eligibility to SSP to workers and self-employed. In addition, the requirement to earn above the lower earnings limit to qualify for SSP may also be removed. 

With substantially more workers qualifying for SSP, and given that the obligation to pay SSP rests solely on the employer, UK businesses will likely see increased absence related costs when these changes take effect.

#### Zero-hours contracts

Labour has promised to ban ‘exploitative’ zero-hours contracts and give workers a right to a contract that reflects the number of hours they regularly work, based on a 12-week reference period.

It is unclear what specific factors will make a zero-hours contract ‘exploitative’ and therefore potentially unlawful.  Commenting on this, Louise Cossar believes that “further guidance and consultation is required to establish how UK businesses and workers can continue to benefit from the flexibility that zero-hours contracts offer”.

#### Single worker employment status

Labour also plans to simplify employment status by moving towards a single ‘worker’ status, thereby removing the current distinction between ‘worker’ and ‘employee’. Doing this will likely strengthen the employment rights of workers, who will gain the same legal protections currently only available to employees. This will be a significant change in legislation and at present, it’s unclear how these new rights will operate in practice.

## Will there be any other changes?

Yes, there are other proposals, including:

- ending fire and rehire practices
- establishing a “Fair Pay Agreement” in adult social care, setting fair pay, terms and conditions and training standards
- tackling the Access to Work backlog and improving employment support and access to reasonable adjustments for disabled people.
- introducing a Race Equality Act and ethnicity pay gap reporting for large employers
- taking further action to reduce the gender pay gap
- strengthening equal pay rights and protections from maternity and menopause and from discrimination and sexual harassment
- enacting the socio-economic duty within the Equality Act 2010
- introducing a full right to equal pay for disabled people and disability pay gap reporting for large employers
- introducing basic rights from day one to parental leave
- creating a Single Enforcement Body responsible for ensuring employment rights are upheld
- strengthening rights around workplace whistleblowing and sexual harassment.

## How long will it take for these proposals to become law?

Whilst Labour has committed to introducing these changes to parliament in a short space of time, this doesn’t mean that new laws will be in place any time soon. The process of creating new legislation can take many months and sometimes even several years to implement. 

Labour has also promised to “consult fully with businesses, workers and civil society on how to put our plans into practice before legislation is passed”. They also acknowledge that where proposals require substantial secondary legislation, they will engage widely with experts and stakeholders, including employers and trade unions. Given this, it is plausible that some changes will be made much quicker than others.

## How Mentor could support you

Manage your people anywhere, anytime, on any device with MentorDigital. You’ll get HR calculators, document storage and time off tracking, health & safety risk assessments and accident reporting, and step-by-step employee case management – all for free. [Get free instant access.](/join) 

Let Mentor's team of experts take care of your HR, health & safety, and environmental issues with
unlimited calls and real-time live chat, onsite audits of your current practices, and flexible subscriptions that don't tie you to a long-term contract. [Get a quote](/get-in-touch).

Please note, Mentor services incur a cost.

People at work discussing staffing and HR challenges

shutterstock_1184389300_resized_a95ccfe934.jpg

What does the new Labour government mean for employers?

## Employers are expected to adopt a new system for calculating annual leave for irregular hours and part-year workers with holiday years starting on or after 1 April 2024. 

### The government’s recent reforms are set out in the Working Time Regulations and include the introduction of the holiday entitlement accrual method, as well as the option of rolled-up holiday pay for irregular and part-year workers.

The reforms were made to address a disparity in the Supreme Court decision in the case of [Harpur Trust v Brazel 2022](https://www.supremecourt.uk/cases/uksc-2019-0209.html). This ruled that term-time workers were underpaid using the traditional pro-rated method to that of a full-time worker, and so a different method should be used. However the ruling resulted in part-year workers receiving a greater holiday entitlement than part-time workers on the same hours. The judgment was reversed after the government launched a consultation to address the disparity.

“This is the biggest change to the holiday pay element of the Working Time Regulations since they were introduced over 25 years ago, so it’s very significant,” asserts Susan Galashan, Senior Consultant in Employment Law & HR at the bank.

## Which workers are affected?

- **Workers with irregular hours** – agency workers, casual staff, those with [zero hours contracts](https://www.gov.uk/government/publications/zero-hours-contracts-guidance-for-employers/zero-hours-contracts-guidance-for-employers).

- **Part-year workers** – such as seasonal or term-time only, where the contract says there’s at least one week where they won’t be paid. However, it’s worth remembering that if they’re paid in equal instalments over the year then there are no weeks when they do not receive pay so they don’t meet the government’s definition of a part-year worker.

## When will this change take place?

The reforms will apply to leave or holiday years beginning **on or after 1 April 2024**. This means that if some workers have already started their holiday year back in January, then the new rules won’t apply until their new holiday year starts in January 2025. Susan also points out that employers can start holiday years in April for new variable hours workers while existing employees remain on their current holiday year contracts.

## What are the new rules?

The aim is that holidays accrued are proportionate to hours worked for irregular hours and part-year workers. Time off will accrue at the end of each pay reference period (when a worker is paid, often monthly or weekly), at 12.07% of hours worked during that pay period.

For a worker who clocks up 52 hours in May, for example, an employer would calculate 12.07% of 52 hours, which is 6.2 hours for that pay reference period.

“You round this up if your figure comes to 0.5 of an hour or more and you round down if it’s less than that, so in this case it would be 6 hours,” explains Susan.

“The 12.07% figure is based on the statutory minimum holiday requirement of 5.6 weeks’ leave but some employers may choose to offer more than the minimum holiday entitlement and will then need a higher multiplier than 12.07%.”

Holiday pay is based on the average hourly rate of pay over the previous 52 weeks.

## Maternity, family-related leave and sick leave pay

During maternity or family-related leave, a worker would continue to accrue leave. Annual leave cannot be taken during maternity leave. Some other types of family-related leave can be taken with annual leave in between. The [government states](https://www.gov.uk/browse/working/time-off) that maternity, family-related or sickness leave should not be included when calculating average weekly hours worked.

## Rolled-up holiday pay

Holiday pay and holiday accrual are two separate things, says Susan. “The accrual is the 12.07% of hours worked and everyone gets to accrue the time off. But there are now two ways of paying for that time off for irregular hours and part-year workers – the most straightforward is rolled-up holiday pay.”

For leave years starting on 1 April 2024, rolled-up holiday pay allows employers to include an additional amount in every payslip to cover a worker’s holiday pay instead of paying it when a worker is actually on annual leave.

“Employers will be pleased to have the option to use rolled-up holiday pay but it’s a big change to terms and conditions. We’re suggesting they need to agree the variation in terms with their existing employees as it will be unpaid at the time they take it off so might affect areas such as budgeting,” she adds.

## Changes to annual leave carryover

From 1 January 2024 [additional regulations were published](https://www.gov.uk/government/publications/simplifying-holiday-entitlement-and-holiday-pay-calculations/holiday-pay-and-entitlement-reforms-from-1-january-2024) on the carryover of annual leave. Holidays that were missed due to taking statutory leave such as maternity and family-related leave, or due to sick leave, can be carried over into the next year. A worker will be able to carry forward leave missed due to sickness absence as long as it’s taken within 18 months of the end of the accrual year.

Irregular hours and part-year workers who were off sick can now carry over up to 28 days as long as it’s taken within that same 18-month time period.

Susan reminds us that the new regulations put the onus on employers to prove they’ve engaged with individuals to avoid the following scenarios:

- Not paying a worker their paid leave entitlement.
- Not providing reasonable opportunity and encouragement to take time off.
- Failing to inform the worker that they must take their leave to prevent it from being lost.

In the case of any of the above scenarios, individuals would be allowed to carry over holidays.

## Other considerations for annual leave pay

The new regulations provide extra information and clarity on how to calculate a week’s holiday pay correctly.

For those on set working hours but who also receive commission or regularly work overtime, basic pay for at least four weeks of holidays should include an average of those extra payments. This can be calculated by adding up the extra payments over 52 weeks leading up to the holiday and dividing by 52. Don’t include unpaid weeks, and weeks in which there was any sick leave or statutory leave.

These additional payments are included in all holiday pay for variable hours workers because that is based on a 52-week average of all remuneration.

## How Mentor could support you

Manage your people anywhere, anytime, on any device with MentorDigital. You’ll get HR calculators, document storage and time off tracking, health & safety risk assessments and accident reporting, and step-by-step employee case management – all for free. [Get free instant access.](/join) 

Let Mentor's team of experts take care of your HR, health & safety, and environmental issues with
unlimited calls and real-time live chat, onsite audits of your current practices, and flexible subscriptions that don't tie you to a long-term contract. [Get a quote](/get-in-touch).

Please note, Mentor services incur a cost.

Cafe worker behind counter with a cake and cooking tongs

image.dim.full.nw-photo-cafe-worker-behind-counter-hero_1016x570.jpg

New regulations set to shake up holiday entitlement and pay

## Changes in the rules for taking leave from work could affect many UK businesses.

### Here, Senior Employment Law and HR Consultant, Louise Cossar, gives her insights into some common types of leave and the changes employers should be aware of.

Protections for UK employees requesting time off work after childbirth, or to care for a dependant, are changing – so it’s important that businesses understand the different types of leave that can be requested and some of the new rules.

Protections have been in place for many years, with the current legislation being the Employment Rights Act 1996. Over time, legislation has become more stringent for employers, but many employees need support at certain times in their working lives so it’s good practice to have positive conversations at an early stage.

>"It’s important to maintain awareness of employees’ rights, as failure to do so can be damaging and costly."
>
>**Louise Cossar** 
>Senior Employment Law and HR Consultant, Royal Bank Mentor

The rules around employees’ rights are often complex, so maintaining a cautious attitude is key, and it’s always a good idea to take legal and HR advice to ensure you are acting within the law and best practice.

In an uncertain economy, one topic to focus on is the significant changes to redundancy legislation under the [Protection from Redundancy (Pregnancy and Family Leave) Act 2023](https://www.legislation.gov.uk/ukpga/2023/17/contents/enacted). 

The process for employees on family leave is like those for other employees. Care must be taken to ensure that they aren’t excluded from consultation, and that they are not selected for redundancy on the grounds that they are pregnant or taking family leave.

If an employee on family leave is selected for redundancy and there is a suitable alternative vacancy, the employer must offer the post to them. Failure to do so would mean that the employee may be able to make a claim for automatic unfair dismissal and potentially discrimination.

Regulations have been published which will extend the right to be offered a suitable alternative vacancy to an employee who is selected for redundancy:

## Pregnancy

Additional protection starts from the point at which an employee tells their employer about their pregnancy (if that is on or after 6 April 2024). If the pregnancy ends and they are not entitled to statutory maternity leave, the protected period ends two weeks after the end of pregnancy.

## Maternity leave

For maternity leave which ends on or after 6 April 2024, the additional protected period ends 18 months after the date of the child's birth.

## Adoption leave

For adoption leave which ends on or after 6 April 2024, the additional protected period ends 18 months after the child's placement or the date they enter Great Britain (in the case of overseas adoptions).

## Shared parental leave

For those taking six or more consecutive weeks of [shared parental leave](https://www.gov.uk/shared-parental-leave-and-pay) (SPL) on or after 6 April 2024, and who have not taken maternity or adoption leave, the additional protected period ends 18 months after the date of the child's birth or placement, or date they enter Great Britain.

## Focus on employee rights

Many businesses are currently going through a period of challenging costs and uncertainty. But even during such periods, it’s important to maintain awareness of employees’ rights, as failure to do so can be damaging and costly to a business. Understanding the basics and always acting in a non-discriminatory manner is essential.

Employees have statutory rights and no matter how inconvenient to the business, if an employer were to treat them differently because they’ve requested or are taking leave, they could potentially make a claim to the employment tribunal.

It can be very stressful and disruptive to businesses and these claims, if proven, can be expensive for the employer – with maternity and pregnancy discrimination having the potential to attract significant compensation.

It’s a good idea to be familiar with the types of leave you could expect to encounter as an employer and the rules around each. Here are some of the main types:

## Paternity leave

Currently, eligible employees can choose to take either one or two working weeks off after childbirth, which must be taken in one go. Leave cannot start before the birth and must end within 56 days of the birth (or due date if the baby is early).

For babies born on or after 6 April 2024 the two weeks can be taken in separate one-week blocks or one two-week block and can be taken any time in the first year from the date of the birth. The rules are [different if you adopt](https://www.gov.uk/paternity-pay-leave/adoption).

## Shared parental leave

Eligible employees and their partners may be able to get [shared parental leave](https://www.gov.uk/shared-parental-leave-and-pay) (SPL) and statutory shared parental pay (ShPP) if they are having a baby, using a surrogate to have a baby, adopting or fostering a child they’re planning to adopt. They can share up to 50 weeks of leave and up to 37 weeks of pay between both partners and the pay and leave must be shared in the first year after the child is born or placed with the family.

The leave can be used in blocks or taken all in one go, and the partners can choose to be off work together or stagger the leave and pay. There are different eligibility criteria for birth parents, adoptive parents or parents using a surrogate.

It's worth noting that statutory maternity pay is rising to £184.03 per week in April 2024.

This is the most complex of family leaves. It allows couples to share the child-caring responsibilities after birth, while retaining an income during that period.

## Unpaid parental leave

After one year’s service, eligible employees can take [unpaid parental leave](https://www.gov.uk/parental-leave) to look after their child’s welfare. The entitlement is 18 weeks’ leave for each child and adopted child, up to their 18th birthday. Each eligible parent can take four weeks for each child per year unless the employer agrees otherwise. The leave doesn’t have to be taken all at once. In theory, an employee can request this time off at any time up until the child’s 18th birthday.

## Dependant’s leave

An employee is allowed time off to deal with an [emergency involving a dependant](https://www.gov.uk/time-off-for-dependants). The dependant could be a spouse, partner, child, grandchild, parent, or someone who depends on them for care. The employee is allowed a reasonable amount of time off to deal with the emergency, but there’s no set amount of time as it depends on the situation.

There’s no limit to the number of requests employees can make for this type of leave. Some employers may continue to pay the employee but there’s no legal obligation to do so. Sometimes this is covered by a company’s compassionate leave policy.

## Carer’s leave

Employees will have a statutory right to take unpaid leave from work to provide or arrange care for their dependants with long-term care needs from 6 April 2024.

If employees meet the qualifying conditions, they are entitled to one week's unpaid leave to provide or arrange care in each rolling 12-month period. This is irrespective of how many dependants they have that meet the criteria. The leave may be taken in either individual days or half days, up to a block of one week.

An employee who is penalised for exercising the right to take carer’s leave, including disciplinary action and dismissal, could potentially make claims to an employment tribunal.

## How Mentor could support you

Manage your people anywhere, anytime, on any device with MentorDigital. You’ll get HR calculators, document storage and time off tracking, health & safety risk assessments and accident reporting, and step-by-step employee case management – all for free. [Get free instant access.](/join) 

Let Mentor's team of experts take care of your HR, health & safety, and environmental issues with
unlimited calls and real-time live chat, onsite audits of your current practices, and flexible subscriptions that don't tie you to a long-term contract. [Get a quote](/get-in-touch).

Please note, Mentor services incur a cost.

Happy couple on the sofa playing with their baby

image.dim.full.nw-photo-couple-with-baby-on-sofa-hero_1016x570.jpg

Supporting employees taking family leave

## Changes to flexible working laws aim to give UK employers happier, healthier, more productive workforces.

Flexible working has evolved in the years following the Covid-19 pandemic, and the ability to adjust working hours and conditions is now considered a ‘must-have’ for many employees – and a way of attracting and retaining talent by employers.

Data explains why the issue is so important to businesses. Research by the Chartered Institute of Personnel and Development (CIPD) shows that six percent of employees changed jobs in 2022 specifically due to a lack of flexible options, and 12 percent left their profession altogether due to a lack of flexibility within the sector. This represents almost two and four million UK workers respectively.

Every employee in the UK now has the right to apply for flexible working as soon as they start working, and by law, employers must treat all flexible-working requests in a [‘reasonable manner’](https://www.gov.uk/flexible-working).

There is a defined process businesses must follow when a flexible working application is received. Legal and financial penalties can apply if an employer is found to have refused flexible working unfairly or discriminated directly or indirectly against anyone requesting it.
 
## Types of flexible working

- Working from home, or hybrid working
- Tailored working hours
- Moving from full-time to part-time
- Job sharing
- School-term working
- Compressed or annualised hours
- Phased retirement

Susan Galashan, Senior Consultant on Employment Law and HR with Natwest Mentor, says: “An employee can request flexible working for many reasons, whether it’s to look after a sick relative, to manage childcare, or even just to have more free time. The reason for the request is less important than whether it can realistically be accommodated by the business.

“Although anyone has the right to request it, there’s no obligation on the employer to grant flexible working. However, there is a process to follow, and only under certain accepted circumstances can the request be refused.”

Reasons employers can reject a flexible-working request:

- The extra costs will damage the business
- The work cannot be re-organised amongst other staff
- People cannot be recruited to do the work
- Flexible working will affect quality and performance
- The business will not be able to meet customer demand
- There’s a lack of work to do during the proposed working times
- The business is planning changes to the workforce

Susan says: “If an employer is struggling to approve a request, it’s a good idea to think about a compromise with the employee, and it’s considered best practice to consult with the employee before making a decision.”

## How the law on flexible work is changing from 6 April 2024

Employers should be aware of several changes to flexible-working practices from 6 April 2024.

1. The requirement to have 26 weeks’ continuous employment before making a flexible-working request has been removed, as a provision of the Flexible Working (Amendment) Regulations, 2023. Anyone will be able to request flexible working from day one of employment.

2. Employees will no longer have to make a statement of how their transition to flexible working will affect the business. This was previously a requirement under the submission process.

3. Employers must make a decision within two months of an application, down from three months, and employees will be able to make two, not one, applications for flexible working in any 12-month period.

4. Employers will be required to consult with an employee before rejecting their flexible working request – previously this was advised, but not a requirement.

Commenting on the changes on the [gov.uk website](https://www.gov.uk/government/news/millions-to-benefit-from-new-flexible-working-measures), Business and Trade Minister, Kevin Hollinrake MP, says: “A happier workforce means increased productivity, and that’s why we’re backing measures to give people across the UK even more flexibility over where and when they work.

“Not only does flexible working help individuals fit work alongside other commitments – whether it’s the school drop-off, studying or caring for vulnerable friends and family – it’s good business sense too, helping firms to attract more talent, increase retention and improve workforce diversity.”

## What if you can’t support flexible working?

Sometimes employers can’t grant a flexible working request. In these cases, it’s important that the reasons for refusing are valid, and don’t leave the business open to a discrimination claim.

Also, it’s important to note that while employees don’t have a statutory right to appeal, it’s advised that employers offer an appeal process as part of considering flexible working submissions in a ‘reasonable manner’.

An employee can go to an employment tribunal if they feel their employer:

- Did not handle the request in a ‘reasonable manner’
- Wrongly treated the employee’s application as withdrawn
- Dismissed or treated an employee poorly because of their flexible working request, for example refused a promotion or pay rise
- Rejected an application based on incorrect facts

Adds Susan: “There has been a universal shift in attitudes towards flexible working and the new legislation reflects this evolution. Employers need to be aware of the changes and make sure they have internal processes in place to accommodate them.”

## How Mentor could support you

[Join MentorDigital](/join) for free help and advice in employment law, HR, and health & safety.
[Get in touch](/get-in-touch) for 24/7 support and dedicated account management from our team of experts.

Please note, Mentor services incur a cost.

image 1.jpg

Flexible working: How the law is changing 

**Susan Galashan**, Senior Consultant, Employment Law & HR | Last updated - 15 February 2024

## After a year or so of relative calm in the employment law and HR world, 2024 is shaping up to be a very busy one for organisations in all sectors.

New legislation will increase legal protections for pregnant women, carers, new partners and those wanting to work flexibly. New rules will be introduced for how holidays are calculated for irregular hours and part-year workers, and the National Minimum Wage is increasing.

Here’s an overview of the key changes to be ready for from April 2024 and beyond.

>### Paternity leave

>From 6th April, fathers and partners will be able to take leave as two separate blocks of one week, rather than only in one block of either one or two weeks. Only 28 days’ notice will need to be given (seven days for adoption), and leave can be taken at any point in the first year after the birth or adoption, rather than only within the first eight weeks. 

>### Holidays for irregular hours and part-year workers

>A new method of holiday accrual will be introduced for holiday years that start on or after 1st April 2024 (so if you have a ‘variable hours’ employee whose holiday year starts in January, for example, the new rules won’t apply to them until January 2025). Time off will accrue at the end of each pay reference period at the rate of 12.07% of all hours worked during that period. There will also be an option for employers to introduce rolled-up holiday pay for irregular hours and part-year workers.

>### Carer’s Leave

>From 6th April, all employees will be entitled to take up to one week's unpaid leave in any 12-month period to provide or arrange care for a dependant with a long-term care need. Leave can be taken in half-day increments.

>### Flexible working

>From 6th April, the requirement to have at least 26 weeks’ continuous service before making a flexible working request will be removed. It is also likely that additional changes to the flexible working process will come into force at the same time. This will include: removing the requirement for employees to explain what effect they think it will have on the employer; allowing employees to make two flexible working requests in a 12-month period; and reducing the deadline for an employer decision on flexible working requests from three months to two months. Learn more about [Flexible working: How the law is changing](flexible-working-how-the-law-is-changing). 

>### Redundancy protection

>Employees on maternity, adoption or shared parental leave have the right to be offered a suitable available vacancy if their job is made redundant whilst they are on leave. From 6th April, this right will be extended to cover the whole period of pregnancy, as well as 18 months after the date of the child's birth or placement for adoption (although the extended protection will only apply to shared parental leave if a period of six consecutive weeks has been taken).

>### National Minimum Wage

> The Government has announced the new hourly minimum wage rates that will take effect for pay periods starting on or after 1st April 2024. There will no longer be a lower rate for workers aged 21-22. The highest rate, £11.44 per hour, will apply to all workers aged 21 and over; those aged 18-20 will move up to £8.60 per hour; and 16-17-year-olds and apprentices (aged under 19 or in their first year of apprenticeship) will move up to £6.40 per hour.

## Looking ahead

In July we are expecting the new legislation on tips and gratuities to come into force. Employers will be required to ensure that tips are passed on to workers in full, with very limited exceptions. There will also be a requirement to have a tipping policy, and keep records on distribution of tips.

There will also be welcome changes to the consultation requirements that apply when there is a transfer of employees between organisations, which will make the process more straightforward for smaller employers.

From Autumn 2024, workers whose hours of work lack predictability will have the right to make a request for a more predictable working pattern. The process for dealing with requests will operate in a similar way to flexible working requests.

There will also be a new duty on employers to take reasonable steps to prevent sexual harassment of their employees, and employment tribunals will gain the power to uplift compensation by up to 25% where an employer is found to have breached this new duty.

## How Mentor could support you
[Join MentorDigital](/join) for free help and advice in employment law, HR, and health & safety.
[Get in touch](/get-in-touch) for 24/7 support and dedicated account management from our team of experts.

Please note, Mentor services incur a cost.

Colleagues reading and discussing legal updates

addiction_c9cb8e844f 1.jpg

Employment law changes in 2024: What you need to know

## The ISO 45001 standard is a structured management system that helps businesses control every element of health and safety in the workplace.

Lives are lost or changed in the UK every day because of work accidents or diseases linked to work activities. To help prevent this, the International Organization for Standardization (ISO) drew up a defining framework for maintaining health and safety at work.

First published in March 2018, the main goal of ISO 45001 is the reduction of occupational injuries and diseases, including promoting and protecting physical and mental health. 

If applied properly, the standard can result in a safer, healthier and more secure workforce as well as improved productivity. It is also key to helping businesses demonstrate their responsible working practices, which are becoming increasingly important to corporate brands and reputations.


>"If a business can tick the box saying they have ISO 45001 certification, then the procurement process is completely streamlined."
>
>**Patrick O’Donnell** 
>Senior Health and Safety Advisor

The ISO 45001 standard can be applied to any function of a business that looks to support health and safety, including:

- training
- risk assessment
- consultation and communication with employees
- management review
- products and services
- work activities.

The standard is designed to be flexible and adaptable to any business. So, for example, if employee stress and mental health issues had been identified as a risk to your business, they could be specified as an item within risk assessment and actioned.

Patrick O’Donnell, Senior Health and Safety Advisor for NatWest Mentor, says the difference between ISO 45001 and other management systems is that it is structured, internationally recognised, and requires annual audits against the standard by an independent, external body.

He explains: “The auditor will review documentation to ensure it’s current, hold interviews with employees, examine training materials and discuss health and safety processes with senior management. They may also carry out a site inspection to make a real-time evaluation of whether ISO 45001 is being followed in the workplace.”

## Commercial advantages

The main commercial reason businesses might want to attain ISO 45001 would be to improve their standing in the tender process. It is an easier way for a large company to understand if a business has a good health and safety culture without having to conduct a lengthy investigation of every company involved in a tender.

Larger organisations, in sectors like manufacturing and construction, will often not permit sub-contractors or supply-chain partners to enter their tender processes if they are not ISO 45001 compliant. 

“It’s not a legal requirement, but the ability to participate in these tenders is a real driver for smaller businesses to get certified,” says Patrick. “If a business can tick the box saying they hold ISO 45001 certification, then the procurement process is completely streamlined.”

Although ISO 45001 certification can make a business more viable at tender, achieving it can sometimes be complicated, time-consuming and with significant costs attached depending on the size of the business – so it may not be right for every company.

Patrick explains: “It might be overkill for a very small business, working on small, domestic projects, to undertake ISO 45001 certification but it’s often essential for smaller companies looking to work on bigger projects and drive more business.

“When it’s needed, it’s really needed, and when certified, it can make a huge difference to the business and its employees.”

While external partners like NatWest Mentor can help businesses conduct gap analyses, set up action plans and assist with the adoption and maintenance process, it’s advisable to have a dedicated staff member take responsibility for its upkeep. Without regular checks it’s likely that the business will lose its certification, along with any contracts that depend upon it, Patrick says.

## Combining 45001 with other ISO systems

The ISO 45001 framework works alongside other standards, like [ISO 14001](understanding-the-benefits-of-iso-14001) for environmental management, and ISO 9001 for quality management, and shares an overall structure with them. Some businesses choose to adopt an integrated system that combines two or all three systems, handling all aspects of health and safety for the business.

“Regardless of what industry you’re working in, health and safety is a big part of any of any occupational setting now,” Patrick says. “ISO 45001 is universally accepted and a valuable certification in a wide variety of industries.”

## How Mentor could support you
[Join MentorDigital](/join) for free help and advice in employment law, HR, and health & safety.
[Get in touch](/get-in-touch) for 24/7 support and dedicated account management from our team of experts.

Please note, Mentor services incur a cost.

Workers wearing high visibility jackets and hard hats testing measuring equipment

ISO 45001_1016x570_2.jpg

How ISO 45001 helps ensure health and wellbeing at work

## The health and safety risks intrinsic to nearly every construction project can be managed with careful planning, and by taking steps to comply with government regulations.

Worker safety on construction projects is normally the responsibility of several duty holders working in collaboration under a defined set of management rules.

The Construction (Design & Management) Regulations of 2015 (CDM 2015) are the main set of guidelines for managing health, safety and welfare on construction projects in the UK. The regulations apply to all building and construction work, including new builds, demolition, refurbishment, extensions, conversions, repairs and maintenance.

>"Cooperation and coordination are the keys to the successful application of the CDM regulations."
>
>**Kevin Boyle** 
>Senior Safety, Health and Environment Advisor

The regulations affect all construction work, with clients being defined by the Health and Safety Executive (HSE) as “any individual or organisation that carries out a construction project as part of a business.”

Commercial clients have a crucial influence over how projects are run, including the management of health and safety risks, according to the HSE. Whatever the project size, the commercial client has contractual control, appoints designers and contractors, and determines the money, time and other resources for the project.

The HSE advises commercial clients to effectively manage a construction project by ensuring that:

- other duty holders are appointed, where appropriate
- sufficient time and resources are allocated
- relevant information is prepared and provided to other duty holders
- the principal designer and principal contractor carry out their duties
- welfare facilities are provided

For a more detailed breakdown of the responsibilities of each duty holder in a construction project, visit the HSE’s [Summary of Duties under CDM 2015](https://www.hse.gov.uk/construction/cdm/2015/summary.htm).

Kevin Boyle, Senior Safety, Health and Environment Advisor with NatWest Mentor, says: “Construction is a higher-risk industry, and unfortunately every year there are thousands of people killed, injured or made ill during construction projects globally."

“The CDM 2015 regulations are in place to ensure the proper planning of the work, and to make sure a full assessment of hazards takes place. This helps to promote the safety of everyone involved in the construction project.”

CDM 2015 places duties on virtually everyone involved in the project, including clients, contractors, designers, and the workers themselves. And the regulations encourage a constant dialogue between the duty holders throughout the project, so that safety standards are constantly reinforced.

## Know your CDM 2015 duties

It’s important to understand the responsibilities of other duty holders as well as your own, and each duty holder must be aware of their place in the ‘chain’ of responsibility.

“Cooperation and coordination are the keys to the successful application of the CDM regulations,” says Kevin. “A regular and consistent information loop is vital.”

It’s also important to remember that the HSE is a regulatory body with enforcement powers, including the authority to shut down a construction project for health and safety violations.

Kevin explains: “The HSE wouldn’t take these steps lightly, but they can issue a prohibition notice and stop the work if there’s imminent danger, or issue an improvement notice to make the site safe."

“If the HSE issues a notice and it’s ignored, they can look to prosecute. Officers carry the same powers as the police. It’s wise to cooperate with them and take action when asked to.”

HSE inspectors also carry out regular, targeted checks, during which they inspect sites for specific health and safety issues. Recently, for instance, they have targeted sites for the presence of harmful dust, and for unsafe manual handling procedures.

## A moral obligation

As well as the legal requirements placed on duty holders by the regulations, Kevin suggests that there is also a moral obligation for everyone involved in a construction project to take the regulations seriously to help avoid injury or death.

He says: “An accident or death on a construction site can affect everyone on the site, their families, and members of the public too. The CDM 2015 legislation is a critical piece of guidance, which is key to ensuring that health and safety remains paramount in construction projects and that accidents are avoided."

“Construction will probably continue to be a higher-risk activity, but with proper planning of work, and careful assessment of the dangers, we can go some way towards ensuring safety on every site.”

## How Mentor could support you
[Join MentorDigital](/join) for free help and advice in employment law, HR, and health & safety.
[Get in touch](/get-in-touch) for 24/7 support and dedicated account management from our team of experts.

Please note, Mentor services incur a cost.

Construction worker with a hard hat on smiling and happy at work

image.dim.full.nw-bus-insight-web-construction-regulations_1016x570.png

Why construction regulations are key to worker safety

## A well-maintained environmental management system can be an important factor in a business achieving its goals.

The incorporation of the ISO 14001 standard might be a smart approach for the long-term viability of a business – and it can often improve its financial performance too.

## The ISO 14001 standard

Embracing the ISO 14001 standard for environmental management is often considered essential for businesses operating in a highly competitive marketplace, but it can also provide commercial and reputational benefits.

The set of guidelines, drawn up by the International Organisation for Standardisation, are an internationally recognised benchmark which ensures an organisation’s environmental management system (EMS) meets a high standard and is continuously improving.

Certification is an ongoing process, centred on the environmental policy of a business and managed by its staff, before being externally assessed.

The ISO 14001 guidelines were developed primarily to help businesses access a framework for better management control, which can result in a reduction of their environmental impacts. If implemented correctly, additional benefits of ISO 14001 can include:

- Increased efficiency
- A reduction in waste
- Lower consumption of resources
- Reduced operating costs
- Conformance to regulations and legal requirements
- Enhanced reputation with staff and customers

Kevin Boyle, Senior Safety, Health and Environment Advisor with NatWest Mentor, says: “ISO 14001 is used and recognised worldwide, and if implemented properly, it can help a company improve its environmental performance through a more efficient use of resources.

“It can also gain a company an edge when bidding for contracts, as it instils a sense of trust among stakeholders. This results in ISO 14001-accredited companies often having a competitive advantage in the pre-qualification stage of a tendering process.

“If you’ve adopted ISO 14001 and you’re competing for a contract against businesses that haven’t, there’s a higher probability you’ll get through that first stage, so it’s a definite advantage.”

The ISO 14001 system itself helps organisations identify, monitor, manage and control environmental issues in a holistic manner. And because it follows a standardised, high-level structure it means that all management system standards will have the same principles, and enable integration between systems of different disciplines. 

>"It requires some time and investment, but the advantages are significant."
>
>**Kevin Boyle** 
>Senior Safety, Health and Environment Advisor

The ISO 14001 guidelines are designed to be suitable for organisations of all types and sizes and they go above and beyond the bare minimum legal responsibilities that businesses are expected to meet.

“You build the system to suit the business, and not the other way round” says Kevin. “It’s very much a holistic approach.”

While meeting environmental objectives can have associated costs, which often cause businesses to avoid setting them in the first place, they can bring about cost savings too. 

"Businesses hear the word ‘sustainability’ and alarm bells start to ring,” says Kevin. “But if you set the right objectives and you’re managing the business properly there can be significant advantages to setting these targets – avoiding fines as a result of non-compliance, for instance.”

## Risk of reputational damage

The results of breaching environmental regulations can cost thousands, sometimes hundreds of thousands of pounds, so it’s important for businesses to take their environmental management strategy seriously, advises Kevin.

“Reputational damage is a concern when environmental responsibilities aren’t met,” he says. “It can take a company years to recover from a serious breach of environmental law. The fines can be hefty, and in some cases, businesses might even have to close.

“Embracing the ISO 14001 standards and using them to build, monitor and improve your EMS can help to avoid this. It requires some time and investment, but the advantages are significant.”

## How Mentor could support you

[Join MentorDigital](/join) for free help and advice in employment law, HR, and health & safety.
[Get in touch](/get-in-touch) for 24/7 support and dedicated account management from our team of experts.

Please note, Mentor services incur a cost.

A healthy and safety inspector is discussing findings with a customer

image.dim.full.bus-insights-photo-ISO-14001-1016x570-hero.jpg

Understanding the benefits of ISO 14001

## Ensuring your business is diverse, equal and inclusive is vital in today’s competitive environment.

Creating a welcoming workplace isn’t just the right thing to do for your employees, it can help your business to thrive in the long term.

Embedding diversity, equity and inclusion (DE&I) into a company’s culture is increasingly important in today’s business landscape.

DE&I frameworks promote fair treatment and full participation of all people in an organisation – particularly groups that have historically been under-represented or subject to discrimination.
And although there may be some challenges, taking the first steps towards improving your business’s DE&I credentials needn’t be overwhelming.

## Some types of diversity to consider

- Ethnic and cultural diversity
- LGBTQ+ inclusion
- Gender and age diversity
- Disability inclusion
- Intersectional diversity (where there are multiple protected characteristics, such as a gay man with a disability)
- Social mobility (where individuals have had different opportunities in life, for example growing up in an affluent or deprived area)

## Ways to promote workforce equity

- Educational equity
- Fair hiring and recruitment processes
- Training and development
- Pay parity for all employees
- Supporting minority groups and opportunities for them

## Examples of inclusiveness

- Top-down representation at senior levels (‘like me’ role models)
- Using objective tools to understand how different team members think and contribute from different perspectives
- Inclusive leadership
- Tailored mentorship and sponsorship programmes
- Inclusive decision-making
- Employee engagement and feedback.

Head of litigation and management team sponsor of DE&I at Royal Bank of Scotland, Mentor, Paul Rae, says: “Societal attitudes to DE&I have completely changed and all businesses need to keep up.

“There’s so much going on in the diversity landscape that sometimes it can be difficult to stay on top of it all, but they key is to make a start. Keeping all the plates spinning is a challenge but being inclusive and diverse means not just focusing on one area at the expense of another.”

## Ways to get started

### 1. Review your current position

Identify areas that can be improved by assessing your existing business processes, methods of recruitment and staffing. Use employee engagement surveys to produce diversity data.

### 2. Communicate

Speak to staff members who may have lived experiences of inequality or non-inclusion and learn from them. Make clear to your employees that creating a DE&I workplace is a genuine business concern and include staff when deciding upon which campaigns to support. Show colleagues that members of management come from diverse backgrounds and create ‘like me’ opportunities.

### 3. Establish best practices

If your business isn’t big enough to have employee-led networks, actively promote advocacy action groups such as Race Equality Matters, Disability Rights UK and Stonewall who guide employers on what to do, and how to do it well. The Arbitration, Advisory and Conciliation Service (ACAS) is also a great source of free materials for employers.

### 4. Practice what you preach

Always be genuine when getting behind individual causes like LGBTQ+ or disability rights. If you’re doing it for purely commercial reasons, be prepared to be called out on social media and elsewhere.

### 5. Aim beyond legal minimums

Many businesses believe it’s enough to simply comply with legal requirements when deciding on a DE&I strategy but going beyond these minimums is where it really makes a difference. Minimum compliance is not going to make your business an employer of choice.

### 6. Open your mind to different ways of working

Does your vacant role really need to be done Monday to Friday, 9-5? Demonstrating flexibility is a real selling point to candidates and a great tool for retaining talent.

## Where to go for help

Charities and advocacy groups are a good source of information and guidance when establishing a DE&I strategy.

“It’s worth remembering that laws encourage a minimum standard, but best practices are often well beyond these benchmarks,” says Paul. 

“Learn from what other businesses are doing too to get an idea of what’s possible. You don’t have to start the journey from scratch, lots of charities and businesses want to help you, it’s just knowing where to look.” 

It’s a good idea to consult the usually free best-practice guidelines laid out by organisations such as:

- The Advisory, Conciliation and Arbitration Service [(ACAS)](https://www.acas.org.uk/)
- [Race Equality Matters](https://www.raceequalitymatters.com/)
- [Stonewall](https://www.stonewall.org.uk/)
- The Chartered institute of Personnel and Development [(CIPD)](https://www.cipd.org/en/)
- The Equality and Human Rights Commission [(EHRC)](https://www.equalityhumanrights.com/en)

## Building for the future

Having a diverse and inclusive workforce not only creates a better environment to work in, it also presents a positive business case, says Paul.

“People are a lot more aware of inequality now and having a diverse workforce that reflects our customer base makes for a more productive, engaged workforce which serves customers and communities better,” he says.

“You’ll be able to attract the very best talent by demonstrating that you’re a diverse business. As a result, you’ll get your pick of the talent pool, helping your business flourish in the long term.”

## How Mentor could support you
[Join MentorDigital](/join) for free help and advice in employment law, HR, and health & safety.
[Get in touch](/get-in-touch) for 24/7 support and dedicated account management from our team of experts.

Please note, Mentor services incur a cost.

Photo of colleagues from a diverse backround discussing a work project and generating ideas

image.dim.full.nw-bus-insight-mentor-article-1016x570.png

Building a DE&I workplace

## Providing support to workers claiming long-term sickness benefits will give them the best chance of returning to work.

The number of UK workers claiming long-term sickness benefits is increasing. Here, our HR and employment law specialist gives some insights into the key issues employers should be aware of.

The level of long-term sickness in the UK workforce has reached record levels and is compounding the skills shortage that businesses are already facing, according to data from the Office of National Statistics (ONS).

The number of people out of work due to long-term sickness has reached 2.55M, says the [May 2023 labour-market report](https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/employmentandemployeetypes/bulletins/uklabourmarket/may2023) from ONS, at the same time as the number of employees on payrolls fell for the first time in two years.

The ONS figures show that 438,042 more people were not looking for work from January to March 2023 than in the same period in 2022, due to long-term sickness.

Businesses are also experiencing increasing numbers of employees on their payrolls claiming long-term sick leave, according to Dawn Smith, senior employment-law and HR consultant with NatWest Mentor.
“Currently, one in five calls we receive are from clients to get advice on employee absence due to illness,” she says. “Many of the cases are as a result of mental health issues and some are long-term-Covid related.”

## How can businesses manage long-term sickness?

Seeking sound HR and legal advice early in the process, and building a consistent, company-wide policy for handling employee sickness are the keys to success, says Dawn.

>**“Employers have a duty to deal with long-term illness proactively and should try to help the employee get back to work.”**

>**Dawn Smith, Senior Employment law and HR Consultant**

Providing the proper help and support to the worker claiming long-term sickness is not only crucial to a successful return to work, but might also be required by law, she says.

“Don’t assume that once an employee’s statutory sick pay runs out, they will leave the company, or that it’s within an employer’s rights to end their employment,” says Dawn.

## Further steps employers can take

- Set up regular return-to-work meetings for all absences
- Offer to consult the employee’s doctor or occupational health for more information
- Provide mental-health first aid or refer to an employee assistance programme
- Be open to changing the person’s job and making reasonable adjustments
- Consider offering flexible or part-time work and phased returns
- Manage absence where employees hit trigger points

There can be financial implications for businesses with one or more employees claiming long-term sickness, as it’s often difficult or not cost-effective to hire a contractor or agency worker to fill in temporarily.

In the current recruitment landscape, many contractors are looking for longer-term employment and the current skills shortage is making this easier for them to find.

“Even if you can find a replacement, it puts additional financial strain on the business because you’ll be paying sick pay to the employee as well as the additional cost of the contractor or putting pressure on existing employees to do extra work,” says Dawn.

Another point to consider is whether the sick worker has a disability, as defined in the[ Equality Act of 2010]( https://www.gov.uk/guidance/equality-act-2010-guidance). If so, there’s a duty to look at whether reasonable adjustments could be made to their role to accommodate them, and whether there’s suitable alternative employment available.

“I’ve seen employees move to completely different departments and roles within companies very successfully,” says Dawn. “A change of role, with agreement, can also be a good way of reducing workplace stress that may have contributed to the long-term absence in the first place.”

## It’s important to follow the correct steps

If, having completed the return-to-work procedures, there still isn’t a resolution, an employer may ultimately look to terminate the worker’s employment.

However, every situation is different, says Dawn, and if the employee has an illness with a protected characteristic, such as cancer or long-term mental health issues, their rights could be protected by law.

“It’s very important that the correct steps are followed, but I’d advise businesses to treat everyone with a long-term health problem through the same process as for disability, as defined by policy. It’s just good practice, and will ultimately result in the best chance of a successful outcome.” says Dawn.

## How Mentor could support you
[Join MentorDigital](/join) for free help and advice in employment law, HR, and health & safety.
[Get in touch](/get-in-touch) for 24/7 support and dedicated account management from our team of experts.

Please note, Mentor services incur a cost.

Photo of a return to work meeting between manager and employee

image.dim.full.bus-insights-photo-return-to-work-meeting-1164x535-hero.jpg

Supporting employees during long-term sickness

## Addiction can affect anyone, regardless of their background - SMART Recovery CEO Dr Charlie Orton shares her insight on how business owners can offer support.

People from all walks of life can suffer from addiction, often without realising it. A work hard, play hard culture can help turn habit into dependency. But addiction is treatable and there are many ways business owners can support those affected.

Life is stressful, and people will behave in certain ways to manage their stress, says Dr Charlie Orton, Chief Executive of not-for-profit SMART Recovery, whose mission is to empower individuals to gain independence from addictive behaviour and lead fulfilling and balanced lives.

Whether it’s drugs, alcohol, cigarettes, gambling, food, shopping or gaming, people tend to reach out to one or more of these things to alleviate stress.

“Stress doesn’t have to be rooted in previous trauma. It can be a single activating event in your life, like a redundancy, a demotion, a difficult appraisal, or an intimidating relationship at work,” says Charlie. “At SMART Recovery we’re trying to normalise the conversation as much as possible. To help reduce the stigma and the myths surrounding addiction, and help people realise someone might be high performing or in a senior role in business and still be enacting behaviours that may not be very healthy for them or their loved ones.”

## What is an addiction?

SMART Recovery views addiction as a set of learned behaviours to alleviate uncomfortable feelings. You could have an issue if your behaviour is affecting:

- your finances
- your relationships (with loved ones or colleagues)
- your hobbies
- your mental and physical health.

SMART Recovery specialists get asked this question a lot: when do things become an addiction? If your behaviour is causing issues or harm, it may be time to take a step back, think about it, and then decide you want to change or to stop.

## Addiction warning signs to look out for

When life becomes unbalanced, that’s when problems tend to occur. “People in the workplace can experience unbalanced lives through working too much. Lots of people have heard that phrase ‘workaholic’. People can become addicted to pretty much anything,” says Charlie.

Concerned about a colleague? Here are some things to look out for:

- changes in their behaviour at work
- changes in their performance
- not being quite themselves in a meeting
- struggling to present themselves in the way they used to
- having difficulty attending on time
- looking particularly stressed
- losing or gaining weight.

Natalie Nelson, Technical Advice Lead at Mentor, notes that addiction can affect people from all walks of life, so it’s important for managers to be mindful of the signs and to signpost the help that’s available. “Addiction can have serious consequences for both the individuals suffering and those around them.” she says. “If you are concerned about someone in a safety-critical role, you may need to consider moving them to another job while they obtain support.”

## The impact of the cost of living crisis

“The main thing the pandemic did was isolate everybody, and isolation leads to people wanting to alleviate boredom,” adds Charlie.

For example, between March 2020 and March 2021, surveys measuring self-reported alcohol consumption saw a 58.6% increase in the proportion of respondents drinking at increasing-risk and higher-risk levels (‘Monitoring alcohol consumption and harm during the COVID-19 pandemic’, Public Health England, July 2021).

As people have returned to their places of work and resumed routines, some are realising they may have developed a problem during the pandemic. For example, they may be drinking alcohol at different times of the day or night, during the week, not just weekends. They’re experiencing urges to drink alcohol, even though they are in work.

The cost of living crisis is also a trigger for many, says Charlie. People are really concerned about their financial situations. “You might think that would drive people to spend less, but it doesn’t. People feel the need to relieve stress and make themselves feel better. So they reach out to things like online gambling, substance use or alcohol.”

## Understanding attitudes to addiction

Some people might not know how to surface a conversation around addiction, even those with HR responsibilities.

When it comes to addiction, a common perception is that you can choose whether to use a substance or gamble. People with addiction can be perceived as difficult individuals, not contributing to society or work. The result is that society feels it doesn’t owe them much sympathy or empathy, says Charlie.

An important first step is to learn about addiction within the framework of people’s health and well-being. An employee with an addiction can be supported in the same way as if they were suffering from a physical illness.

## How do you open a conversation about addiction?

The thing people often find the most difficult, when they have concerns around potentially addictive behaviour, is where to start. The SMART Recovery approach is simply to ask an open question in a non-judgemental way. “Is everything OK?” rather than “You look terrible; what’s wrong with you?”

“If something is telling you things don’t seem quite right, I always advise people not to feel nervous about it, just check in with them,” says Charlie. People may feel more comfortable opening up about an alcohol or shopping addiction than discussing their use of illicit substances. Even then, that shouldn’t stop them being signposted to help and support.

## What are the costs of addiction in the workplace?

According to a 2018 report by UK Addiction Treatment Centres, addiction can lead to:

- decreased productivity
- increased accidents and fatalities
- increased absenteeism
- damaged relationships
- affected performance
- needless risk-taking.

The Hidden Cost of Substance Abuse in the UK also found that:

- 70% of substance abusers are in full-time employment
- lost productivity due to alcohol costs the UK approximately £7.3bn a year
- 17m working days are lost each year in the UK due to alcohol misuse
- 15% of workers are drunk at work at least occasionally
- 40% of industrial accidents are linked to substance abuse.

Rather than instantly dismissing the person you’re concerned about, though, consider ways to get them the help they need. SMART Recovery has training programmes and short online courses for professionals, while many organisations offer general support. The mental health charity Mind, for example, has a list of useful contacts here.

“It’s horrible to have an addiction,” says Charlie. “And it can be a daunting prospect to surface a conversation about it. But by offering signposting to support, having a recovery champion or addiction programme embedded in the business, and a trusted, non-judgemental environment that encourages people to act and get better, you’re doing a good job.”

## How Mentor could support you
[Join MentorDigital](/join) for free help and advice in employment law, HR, and health & safety.
[Get in touch](/get-in-touch) for 24/7 support and dedicated account management from our team of experts.

Please note, Mentor services incur a cost.

addiction_c9cb8e844f.jpg

National Recovery Month: What does addiction mean to you?

## A strong diversity and inclusion policy could help attract and retain talent. We look at how to build a workplace that values employees’ cultural and faith-based traditions.

Against a challenging recruitment backdrop, company culture has become a key factor for attracting people and retaining existing talent. Employers must demonstrate meaningful purpose, a commitment to social responsibility, and interest in employee well-being.

One key component of an attractive workplace culture is the strength of the employer’s diversity and inclusion practices. Whether and how they celebrate key religious, spiritual and cultural dates, festivals and traditions is one aspect that is sometimes overlooked by employers.

Understanding and recognising employees’ cultural and faith-based beliefs and traditions can be key to creating a culture that respects and values diversity and a sense of belonging.

## Embrace balance over the year

Most businesses are well versed in the usual Christmas festivities and typically shut down for a time over the Christmas period.

Contrast this with whether workplaces feature a hanukkiah during the Jewish holiday of Hanukkah, or the number of offices that closed in October to observe Diwali. Too heavy a focus on one set of traditions to the exclusion of others may lead to employers appearing dismissive and employees feeling an important part of their identity isn’t valued. This could result in poorer job satisfaction, reduced engagement and higher turnover.

For businesses that can remain open year-round, there is greater opportunity for employees to choose their own annual leave and which days they wish to take off work for religious observance or celebration.

Rather than only creating space for those colleagues who share in the tradition or practice, the best company cultures foster learning and understanding among the wider employee community.

While approval of leave will be dependent on genuine business needs (and appropriate notice), allowing employees to choose whether to work or take time off on public holidays can go some way to mitigating the UK’s bias towards Christian holidays.

## How should we recognise holy days, festivals and religious holidays?

There is an abundance of important dates and celebratory occasions across faiths and cultures. Within any one belief system there tends to be occasions or observances considered to be of greater importance over others.

One effective way of better understanding the needs and identities of your workforce is simply to ask. During onboarding, consider giving employees an opportunity to tell you what they celebrate and which observances are important to them (handling responses as ‘special category data’ for Data Protection Act 2018 purposes).

If your organisation has a multicultural network or committee, involve them in plans as they will often have a clear understanding of employee needs and will be well placed to take on the mantle of organising events

If your organisation does not have such a group, we recommend forming one to champion and support colleagues from all faiths, ethnicities and cultures, enabling them to thrive within your organisation.

## How do we celebrate?

Shutting down multiple times over the year to celebrate various festivals and holy events is not a viable option for most businesses. Recognition is an important part of celebrating diversity though. This can be achieved through a newsletter or article on the company intranet, for example, explaining the significance of the occasion.

Rather than only creating space for those colleagues who share in the tradition or practice, the best company cultures foster learning and understanding among the wider employee community. A great way to encourage this is to ask colleagues or external speakers to share their personal experiences and why observance is important to them.

Although occasions are best celebrated around the relevant date(s), if logistics or cost gets in the way of celebrating each occasion individually consider arranging a shared event. Colleagues could decorate the space, and come together in dress to share those dishes and practices which celebrate their traditions or faith.

## Celebration doesn’t always have to involve alcohol

Attitudes and expectations concerning alcohol vary widely within and between faiths. Always consider whether consumption of alcohol would be appropriate to the occasion. And keep in mind that faith is not the only reason staff abstain from alcohol.

Drinkaware’s review of various health surveys found that 20% of adults in England and Wales (17% in Scotland, and 19% in Northern Ireland) do not drink alcohol. Some surveys indicate sobriety is on the rise, so it’s important to hold different formats of celebration, beyond just alcohol-fuelled soirées, to ensure everyone feels welcome. Alternatives include quizzes, guest speakers, performances of song or dance, and even donations to relevant charities.

## Be a considerate employer

Adding a calendar containing prominent religious/spiritual/cultural dates can help managers keep track and ensure they avoid booking team events while their Muslim colleagues, for example, are fasting during Ramadan.

You may have seen an increase in businesses asking if recipients want to receive Mother’s or Father’s Day communications. It is also important to recognise that celebratory times of year such as the Christmas period can be financially difficult, especially this year during the cost of living crisis. Some colleagues may find it emotionally challenging if they have suffered a bereavement.

Take the opportunity to remind colleagues of the support available to them and, where possible, the option to be left out of communications.

## How Mentor could support you
[Join MentorDigital](/join) for free help and advice in employment law, HR, and health & safety.
[Get in touch](/get-in-touch) for 24/7 support and dedicated account management from our team of experts.

Please note, Mentor services incur a cost.

Picture of a group of people from a range of backgrounds and experiences

diversity_news2_cdf0437d0e.jpg

Respect workplace diversity this festive season and beyond

The head of the National Grid has warned that UK households could face blackouts this winter if energy supplies run low due to the disruption of the war in Ukraine. John Pettigrew recently stated that electricity and gas may be switched off on “those deepest, darkest evenings in January and February” between 4pm and 7pm on “really, really cold” winter weekdays.

In addition to the risk of blackouts, extreme cold weather, heavy snow and high winds can cause huge disruption for workers and businesses.

Commenting on this challenging and unpredictable backdrop, senior Mentor Health & Safety advisor Kevin Boyle recommends that “during these difficult times, the safety and wellbeing of employees should be a priority for all businesses to ensure a safe and healthy workforce and workplace. Planning in advance will help to achieve this”. It is important therefore that employers consider what steps they can take now to manage these risks and safeguard staff.

See Mentor’s top tips below to help your business prepare for blackouts and bad weather:

## Planning ahead

Employers should put in place policies and procedures to deal with adverse weather or blackouts. Having written procedures in place will help improve staff communication and ease any concerns or anxieties people may have, whilst also ensuring your business has prepared for all possibilities. Areas to cover include:

- information on pay in the event staff are unable to attend work or where the business has to close on a temporary basis
- contact information and keeping in touch obligations - staff should know who to contact in the event of bad weather or blackouts and employers need to ensure they have up to date emergency contact information for all staff
- communication obligations - businesses should commit to keeping employees updated on any travel disruption / extreme weather forecasts / planned blackouts / contingency plans

## Offering flexible working arrangements

Staff may be concerned about travelling into work due to bad weather or scheduled blackouts - consider offering alternative working arrangements such as:

- homeworking - ensuring appropriate measures have been implemented to enable this (e.g. risk assessments / workstation / access to technical equipment) 
- working from a different location
- adjusting working hours on a temporary basis - such as allowing staff to come into work later or leave earlier / adjusting work patterns to avoid any planned blackouts (any changes to terms and conditions will need to be agreed with affected staff)
- taking annual leave or unpaid time off (see Legal Considerations section at the foot of this article)
 
## Working during a blackout

Although it may not always be possible for businesses to operate during a blackout, consider if you can put in place arrangements that would allow for this, such as:

- using standby generators to maintain power supply for critical equipment or facilities
- using Wi-Fi hotspots - employees should be trained on how to access these (ensuring they have available mobile data and providing the network isn’t disrupted by blackouts)
- asking employees who normally work from home to come into the workplace (or vice-versa)
- keeping phones / laptops fully charged (ensuring battery time is still effective without the use of power)

**Managing health & safety**

Employers have a legal obligation to safeguard their employees’ health, safety and welfare at work. This includes providing a safe working environment and systems of work. Employers should put in place appropriate measures to manage any health & safety risks connected to any work that is carried out during bad weather or blackouts (including those who work from home).

For example, this might include providing staff training on how to safely operate generators, or providing step-by-instructions on how to safely deal with a loss of power, light or heating, ensuring appropriate back-up equipment is available (e.g. torches / blankets / gas heaters etc) and staff know how to use these. It may also be beneficial to ensure that your employees mental health and wellbeing is carefully managed during what could be difficult times - this could simply be by staying in touch and offering any support they may require.

## Legal considerations

### Do I have to pay my employees if they can’t get into work?

Employees have a legal obligation to come to work in order to be entitled to pay. If they are unable to attend work due to bad weather or blackouts, they will not be entitled to pay (unless the business offers paid leave in these circumstances - always check what the policy and employment contract states and take legal advice if in doubt).

It is worthwhile considering ways that would ensure employees are still paid despite being unable to attend the workplace due to extreme weather or blackouts, for example:

- offering a set amount of paid leave in the event of bad weather / blackouts (this should be pro-rated for part-time staff)
- asking staff to take annual leave (or forcing annual leave subject to contractual rules and giving the required notice)
- offering flexi-working arrangements so that staff can work back the missed hours another time
- asking staff to work at an alternative workplace or to work from home

## What if the workplace has to close on a temporary basis? Do I still have to pay my employees?

Extreme weather conditions or rolling blackouts could result in the temporary closure of businesses. If this happens, most employees (who are contracted to work on the day of the closure) would still be entitled to their normal pay. The exception to this rule would be if the employer implements lay-offs or short-time working during affected periods - employers can only lawfully do this if the employment contract allows for this or with the full agreement of the affected employees. Employees who are laid off or put on short-time working may still be entitled to a guarantee payment, subject to qualifying conditions, but would not be entitled to normal pay.

## How Mentor could support you
[Join MentorDigital](/join) for free help and advice in employment law, HR, and health & safety.
[Get in touch](/get-in-touch) for 24/7 support and dedicated account management from our team of experts.

Please note, Mentor services incur a cost.

People carrying out a health & safety risk assessment

shutterstock_761907301_fdff598bea.jpg

Is your business prepared for energy blackouts and bad weather this winter?

From unusual recruitment trends to rising business costs and hybrid working, small and medium-sized enterprises (SMEs) face a unique combination of staffing challenges in the post-pandemic era.

That is according to new survey results from Mentor, which reveal battles on multiple fronts.

The poll of 500 SME decision-makers, carried out by OnePoll, shines a light on the most pressing HR issues affecting these businesses in 2022.

It highlights four key themes:

**1. Recruitment challenges take a heavy toll**
Wage negotiations and interview no-shows are the biggest recruitment challenges for SMEs. Almost a quarter have seen new hires leave shortly after joining. 

**2. Staff attrition fuels talent concerns**
The ‘Great Resignation’ has cast its shadow over SMEs, with more than a quarter struggling to plug talent gaps. Millennials are the workers most likely to have left for pastures new, with 29% of SMEs reporting this.

**3. Cost of living crisis bites into budgets**
Almost two-thirds of SMEs have endured above-inflation running costs, as the crisis hits the business world.

**4. Juggling act on hybrid working, wellness and inclusivity**
Around a third of decision-makers plan to scrap hybrid working within the coming six months. Diversity, equity and inclusion (DEI) is still not a priority for 28% of SMEs, meanwhile.

## Recruitment challenges take a heavy toll
A large majority of SMEs have faced struggles when recruiting staff members, with only 5% experiencing no issues in the past 12 months.

More than a quarter (29%) reported problems with wage negotiations not meeting candidate expectations. The same proportion flagged the issue of people agreeing to interviews but not turning up.

Hybrid working expectations (24%) and new hires leaving shortly after joining the company (23%) were among the other top challenges.

London’s SMEs face the most intense pressure, coming top for pay negotiations failing to meet expectations (56%). The same was true for interview no-shows (48%).

## Staff attrition fuels talent concerns
The end of Covid-19 restrictions and a desire for a better work-life balance have inspired a ‘Great Resignation’ across many countries.

The UK’s SMEs are not immune, with 28% struggling to replace employees they have lost. North-east firms are under the greatest strain (69%). In contrast, SMEs in the West Midlands (28%) and north-west (23%) are leading the way in replacing staff quickly.

On a positive note, more than a third (38%) of SMEs nationally are yet to be affected, climbing to 65% in Yorkshire and the Humber.

Millennials aged between 25 and 34 are the hardest employees to keep hold of, with 29% of SMEs putting this age range at the top.

## Cost of living crisis bites into budgets
SMEs have not been shielded from the cost of living crisis, with nearly two-thirds (62%) reporting higher running costs. Some 55% also warned of above-inflation cost increases.

Certain regions have been hit particularly hard, with eight in 10 East Anglian firms seeing their costs jump by 11-20%. Costs have climbed by 6-10% for almost two-thirds of those in Yorkshire and the Humber. Meanwhile, in the capital, costs have surged 21-30% for roughly a third of respondents.

## Juggling act on hybrid working, wellness and inclusivity
New divides are emerging around hybrid working, wellness initiatives and DEI.

### Clouds over future of hybrid workplaces
While many firms continue to embrace a split between home and office working, the future is less certain for others.

More than a third (35%) of SMEs feel team dynamics have improved thanks to hybrid working, with London firms seeing the biggest upward swing (63%).

Yet many continue to face pushback from their staff. Between 26% and 50% of workers are resisting the office return nationally, according to 31% of the businesses polled.

The future of hybrid working also appears far from secure, with 32% planning to call time on the policy within three to six months. However, another 38% have no plans to ditch it.

### Wellbeing inches up SME agendas
Wellbeing initiatives are yet to catch on among some SMEs, with 31% having no plans in place. But others are showing more imagination, with 24% introducing flexible working hours, 23% opting for free or supplemented private healthcare, and 21% creating wellbeing champions.

### Progress on inclusivity stalls
More than a quarter (28%) of SMEs are failing to prioritise DEI issues, the survey discovered, despite a growing focus in the media. Only 21% flagged it as a top priority, with wide regional differences – 40% in London versus 3% in the West Midlands.
 
## Inflation fears loom large
Looking to the future, inflation and profitability were flagged as the most pressing concerns for SMEs in the coming 12 months (both 24%).

Nationally, 14% cited recruitment as the biggest issue on the horizon. This rose to 24% among London-based companies.

## How Mentor could support you
[Join MentorDigital](/join) for free help and advice in employment law, HR, and health & safety.
[Get in touch](/get-in-touch) for 24/7 support and dedicated account management from our team of experts.

Please note, Mentor services incur a cost.

SMEs face a unique set of staffing and HR challenges, new poll reveals

Many businesses are struggling to hire and retain talent following the UK leaving the EU and the impact of the global pandemic. Mentor’s Natalie Nelson offers insights to business owners with vacancies to fill.

According to the Spring 2022 Labour Market Outlook report from the Chartered Institute of Personnel and Development (CIPD), 45% of employers report challenges filling vacancies, with many looking at increasing wages to address this in the short term. And according to June 2022 employment figures from the Office for National Statistics (ONS), unemployment continues to decrease (3.8%) while job vacancies between March and May 2022 reached a record high of 1.3m.

With this challenging backdrop, it’s important that recruiters employ progressive ways to address employment shortages, such as: 

• focusing on well-being
• offering career-returner programmes
• encouraging flexible working
• planning workforce needs strategically 
• investing in skills and internal mobility
• evaluating employee value proposition

The Great Resignation is a result of a number of factors including; a reduction in available workers post-Brexit, loss of staff following the pandemic with many not returning post furlough and poor succession planning, coupled with factors such as an ageing workforce. This all played a part in creating the current demand and supply shortfall, and businesses must understand why they have these gaps if they are to be successful in filling vacancies.

Here are 10 points for employers to consider:

**1. Demand for skills**
A particular skill might be in high demand and other employers are paying more for that skill due to inflation. But offering higher wages for a role to attract more applicants is only a short-term solution linked to the current economic situation. Instead, businesses should take a longer term view and try to make themselves attractive by other means. 

**2. Employee value proposition**
Recruitment managers should remember that employees are now looking at an array of elements beyond their salaries when it comes to selecting an employer, so the entire employee value proposition should be considered when advertising for staff, not just the pay cheque.

**3. Well-being**
Offering or improving well-being and employee assistance programmes should be a priority for firms looking to hire new talent. Many employees consider these an essential requirement in a post-pandemic world. And with the current cost-of-living crisis, this includes assistance with financial well-being too.

***Companies should invest in career apprenticeship schemes and other personal development programmes now to dial in skills that will be needed in the coming years.***

**4. Internal talent**
Evaluating your internal talent pool and investing in training your company’s current workforce can be a great way to fill existing vacancies. Managers should first be asking themselves whether it’s possible to close skills gaps from within before looking further afield.

**5. Career returners**
Career returner schemes for experienced workers who retired during the pandemic, but now want to get back into the job market, can be an effective strategy. Many recent retirees are discovering that the cost-of-living crisis is making it hard for them to afford the retirement they had originally planned. Companies should also consider attracting job seekers who may have been out of work for a period of time due to factors such as periods of parental leave or factors such as disabilities that have made it difficult to travel to a workplace but can now work remotely. 

**6. Flexible working**
The pandemic has created a re-evaluation of how work should fit into people’s lives, so a growing number of companies are offering flexible work opportunities. In fact, many job seekers now consider this to be a requirement for employment. 

**7. Company culture**
It’s important to think about company culture and how to project that to potential employees. Strong diversity and inclusion policies and sustainability credentials, for example, may make employers more attractive. Younger people are especially trending towards organisations with a purpose, which contribute positively to society. 

**8. Employment perks**
Employment perks can also be key to attracting and retaining talent in a tight marketplace. This can include offering savings with certain retailers, help with energy bills, employee retention bonuses and help with paying off student loans.

**9. Strategic planning**
Strategic workforce planning, based on data-led insights, will help companies avoid future staff shortages. Managers should be thinking about the makeup of their current workforce, and what it might look like in five to 10 years’ time, to prevent gaps before they appear.

A good example of why this is important is the haulage industry. Businesses might have been able to avoid the current recruitment gap for lorry drivers if they had prepared earlier for Brexit-related shortages and the impact an ageing workforce has had on this sector. 

**10. Personal development**
Companies should invest in career apprenticeship schemes and other personal development programmes now to dial into skills that will be needed in coming years. A company that sponsors training and education will be in a stronger position when talent shortages occur.

## Listen here
For more on attracting the right talent, listen to Natalie Nelson chatting to hosts Holly Mackay and Eshita Kabra-Davies on the [NatWest Business Extra Show](https://www.natwest.com/business/insights/business-management/business-strategy/the-business-show/the-business-show-recruiting-and-retaining-talent.html).

## How Mentor could support you
[Join MentorDigital](/join) for free help and advice in employment law, HR, and health & safety.
[Get in touch](/get-in-touch) for 24/7 support and dedicated account management from our team of experts.

Please note, Mentor services incur a cost.

Photo of a group of people at a recruitment induction meeting

shutterstock_1536299711_resized_024eb4faae.jpg

Attracting talent amid the Great Resignation

Brexit triggered a number of changes that pose new challenges for British businesses, with those that deal in the distribution or manufacture of chemicals and work equipment now required to comply with new UK health and safety requirements.

What legal changes to health and safety have occurred as a result of Brexit?
In the UK, the backbone of legal protection for employees is the Health and Safety at Work etc Act 1974, which has been altered and supplemented by numerous EU regulations and directives since it became law. These changes remained part of UK domestic law after Brexit took effect from 1 January 2021, and new UK regulations have been introduced to ensure that these measures can work effectively in the UK. The extent to which EU and UK health and safety law will diverge in the coming months is likely to be minimal.

However, regulations have changed in relation to specific industries in England, Wales and Scotland, with separate rules being introduced for businesses in Northern Ireland. Some of these changes relate to the manufacture and supply of new products including work equipment and machinery, and the manufacture and supply of chemicals.

## New product safety requirements

To ensure that levels of product safety are maintained, the UK has introduced two new standards: the UK Conformity Assessed (UKCA) mark and UK Northern Ireland (UKNI) mark for Northern Ireland. Products intended for the UK market must comply with the requirements of all applicable UK legislation, which include UKCA marking instead of CE marking. However, the Health and Safety Executive (HSE) has stated that products in conformity with relevant European product supply legislation and correctly bearing the CE marking will (until 31 December 2021) be treated as satisfying the requirements of the relevant UK legislation and need not bear UK marking. 

It's important for all companies to understand their role and what their duties are with respect to product safety, including work equipment and machinery. The HSE offers information on the duties required of work equipment users, purchasers, installers, suppliers/importers/exporters, designer/manufacturers and exhibitors, and Mentor can offer detailed guidance on the legal requirements for your business.

## Requirements for businesses in the chemical industry

Brexit has had an impact on the following areas relating to chemical industry regulation:

- REACH: registration, evaluation, authorisation and restriction of chemicals
- Biocides: authorisation of biocidal substances and product
- CLP: classification, labelling and packaging of substances and chemicals
- PIC: prior informed consent (export and import of hazardous chemicals
- PPP: pesticides or plant protection products

As with product safety, it's important for companies to understand where they fit into the supply chain - if they are a manufacturer, importer, exporter or downstream user - as this status may have changed as a result of Brexit. For example, a company that bought its chemicals from outside Great Britain but within the EU (under EU REACH registration) and was therefore classified as a 'downstream user' prior to Brexit would now be classed as an 'importer' (under UK REACH). 

For full information on how regulation within the chemicals industry has changed, visit the HSE website.

## How could Mentor help you

If you're an existing Mentor customer, visit MentorDigital, where we host a range of tools, templates and guidance to help you plan for the longer-term changes to ways of working, including our dedicated coronavirus hub.

If you're not an existing Mentor customer and would like to talk about how we might help your business, call us today on 0800 074 8151 or sign up to our free MentorDigital platform. Customers with hearing and speech impairments can contact us via Relay UK on 18001 0800 074 8151.

Please note that Mentor services incur a cost.

Photo of a person assessing the impact Brexit has had on health & safety

How has Brexit affected health _ safety-.jpg

How has Brexit affected health & safety?

From 1 July 2021, the requirements for right-to-work checks for EU/European Economic Area (EEA) and Swiss nationals will change, and evidence of UK immigration status will be required using a Home Office online service, subject to limited exceptions.

## So what's changing?

Right-to-work checks remain a requirement for UK employers, as they were before Brexit. Until 30 June 2021, EU/EEA and Swiss workers who were already in the UK before 1 January 2021 will be able to prove their right to work in the UK by providing their passport or national identity card as an acceptable document.

However, a points-based immigration system has been in place since 1 January 2021, and for people who entered the UK after that date, the right to work no longer automatically includes EU/EEA or Swiss nationals. A visa will usually be needed.

There is no need for employers to conduct retrospective checks - until 30 June 2021 they can continue to accept passports and national identity cards of EU citizens as evidence of their right to work. If an employer has conducted a compliant right-to-work check for an EU/EEA or Swiss national before 1 January 2021, they will not need to repeat this. The government's online checking service, which will be digital-only, can confirm whether a prospective employee has settled or pre-settled status.

## Recent guidance from the Home Office

Given the changes, the Home Office has acknowledged that employers might be concerned about helping employees obtain the immigration status they need to continue working in the UK beyond 30 June. 

Employers may invite individuals who have been granted status under the EU Settlement Scheme or the post-Brexit immigration system to prove their right to work via the Home Office, but they cannot insist that an individual proves their right to work using the online service before 30 June.

Employers are not required - but are allowed - to carry out retrospective right-to-work checks on existing EEA national/EEA family member employees, so long as these comply with the Home Office Code of Practice on avoiding unlawful discrimination while preventing illegal working. If an EEA national (or presumably their family member, although this is not stated in the guidance) cannot provide documents in a retrospective check to the standard required for a 'statutory excuse', the employer should contact the government's Employer Checking Service.

Employers might be concerned that a new employee entered the UK after 1 January 2021, but so long as they comply with the Home Office guidance in relation to right-to-work checks as it stands currently, they will be deemed compliant. 

## How could Mentor help you

If you're an existing Mentor customer, visit MentorDigital, where we host a range of tools, templates and guidance to help you plan for the longer-term changes to ways of working, including our dedicated coronavirus hub.

If you're not an existing Mentor customer and would like to talk about how we might help your business, call us today on 0800 074 8151 or sign up to our free MentorDigital platform. Customers with hearing and speech impairments can contact us via Relay UK on 18001 0800 074 8151

Please note that Mentor services incur a cost.

Right_to_work_checks_Your_duties_as_an_employer (1).jpg

 Right-to-work checks: Your duties as an employer

With the tragedy of the Grenfell Tower fire nearing its 4th anniversary, the events and subsequent enquiry have exposed serious failings across the whole system of building and managing high-rise homes. The Government has taken a number of measures around fire safety, including the recent enactment of the Fire Safety Act with more on the way, including the Building Safety Bill. 

Both the Act and the Bill relate to England and Wales and not Scotland or Northern Ireland who have their own regulatory regime for fire.

## What changes have been made to Fire Safety?

The Act makes changes to the Regulatory Reform (Fire Safety) Order 2005 (RRO). This is existing fire legislation that applies to non-domestic premises, and includes common parts of domestic premises with multiple homes. The RRO designates those in control of non-domestic premises as the “responsible person” for fire safety. They have a duty to undertake fire risk assessments and manage fire risks. 

The Act makes clear that “common parts” of multi-occupied domestic premises also includes:

- the structure and external walls 
- cladding 
- balconies and balcony doors 
- windows and the entrance doors to individual flats that open into common parts

This clarity will ensure that the “responsible person” assesses and takes measures to reduce the fire safety risks relating to these parts of the premises.

Enforcement powers of the fire and rescue services will also be improved and we anticipate further regulations requiring the “responsible persons” to undertake regular inspections of fire doors and share information on wall systems with the fire and rescue service. 

## What does the future hold?

The Act makes provision for further regulations under the RRO. These are expected over the coming months.

## How could Mentor help you

If you're an existing Mentor customer, visit MentorDigital where we host a range of tools, templates and guidance to help you plan for the longer-term changes to ways of working, including our dedicated coronavirus hub.

If you're not an existing Mentor customer and would like to talk about how we might help your business, call us today on 0800 074 8151 or sign up to our free MentorDigital platform. Customers with hearing and speech impairments can contact us via Relay UK on 18001 0800 074 8151

Please note that Mentor services incur a cost.

Person complying with the Fire Safety Act 2021 

The new Fire Safety Act 2021.jpg

The new Fire Safety Act 2021

## Thebe Ringner is HR manager at Thames Lido, Bristol Lido, Fish Bar and Three Brothers Burgers

“Hospitality is a million-mile-an-hour industry, and when staff go off sick it's less likely to be over a sprained ankle than it is from being overwhelmed and stressed. 

Working systems can make people disillusioned and frustrated - if nothing works properly, they're more inclined to take days off or even leave altogether. So when I joined the first thing I did was streamline and organise. We got brilliant advice and support from NatWest Mentor, who helped us enormously to flip things around so instead of the chaos and the firefighting we could plan ahead. It immediately brought more structure as everyone knew where they fitted. 

We held well-being training days, which taught our managers how to look out for their teams, how to spot if someone is having a bad day and gauge if it's down to outside events or because of what we're doing.

They also made staff feel valued; our training encouraged managers to view everyone as individuals. We'll get happier, more productive staff if we induct them properly and take a genuine interest. Everyone in all departments and sites did this training, which again makes people feel invested.

We ran employment engagement surveys, and looked at perks - we can't afford huge incentives, but we can give all staff a free lido membership worth £700. I'd advise companies to look at your resources, and staff demographic, so you can offer something they'll really want. Our other resources are ex-staff - some are now yoga teachers or PTs so they do sessions as well.

At the heart is two-way communication - just inviting ideas, suggestions, comments. Sometimes you'll be telling staff things they may not want to hear, but listen genuinely and empathetically and encouragingly.”


## Hilary Austin is finance director at Check-It Scaffold Services in Glasgow and Lanarkshire

“Workplace well-being is about creating a space, physical or virtual, where people can have honest and open conversations. Like many businesses, we've had to manage staff returning from furlough and everyone's different - some couldn't wait to get back, others needed a little encouragement, and others were prepared to return but still worried about the virus.

So it was about sitting down with them and properly listening to their concerns. I listed our safeguards but it's about more than just saying 'well, we've done this' - one staff member still felt uncomfortable so we teased out how else we could help her feel safe, and we listened to her, we empathised, and we resolved it. And it's not just about the employee - you promote well-being by ensuring the whole team are empathetic. Mentor helped us particularly on the practical side: the furloughing, the contracts, all of which built a solid base to help us get people back and support them when they returned. 

During lockdown we understood the importance of involving everyone as much as possible. We'd previously held weekly meetings for senior managers but while remote-working we put these on Zoom and invited everyone. Now we're back physically but we've continued those meetings. That's boosted morale - just keeping everyone involved in decision-making and encouraging their opinion makes them feel valued, heard and motivated. 

Getting together socially is important too and I'm looking forward to us going out again for lunch. That builds bonds too - we all deserve a reward sometimes. It doesn't have to be money - it can just be enjoying each other's company and having a good time.”

## Michelle Vinter is owner and manager of Oakley Road Dental Practice in Totton, Southampton

“The past year has been stressful for everyone - but we've learned the best way to look after our staff is connection. 

So, we did a Zoom Mentor course about how we could help each other. I have had a difficult year personally but this reminded me of the need to focus on how everyone is feeling, to talk and to listen sympathetically and be calm and support each other. 

As a result we have a range of new processes. We have a huddle every morning where we check in on how everyone is feeling and if there's anything they want to share. Many things troubling us have nothing to do with work, but can impact on our work, so it's important for colleagues to be able to support us on a personal emotional level if we need it. 

We all enjoy walks together about once a week and invite everyone to join in. We also enjoy online Pilates classes and even have a masseuse come in regularly as a special treat! A lot of well-being is about being able to switch off, or put into perspective, the strains of work, so all this gives us a chance to connect, unwind and offload away from the stress of the working day.

As for work itself, regular staff meetings give us time and space to communicate - and vent, if necessary. But I also ensure to check in with everybody personally, even if just for five minutes, which gives them opportunity to share ideas as well as concerns. That ensures little problems don't become big problems, either for individuals or the team.

These processes help us put things in perspective, to be calmer and work more effectively. Despite lockdown, we're a closer team now than we've ever been.” 

## How could Mentor help you

If you're an existing Mentor customer, visit MentorDigital, where we host a range of tools, templates and guidance to help you plan for the longer-term changes to ways of working, including our dedicated coronavirus hub.

If you're not an existing Mentor customer and would like to talk about how we might help your business, call us today on 0800 074 8151 or sign up to our free MentorDigital platform. Customers with hearing and speech impairments can contact us via Relay UK on 18001 0800 074 8151.

Please note that Mentor services incur a cost.


Photo of a person happy and relaxed at work

Lessons learned- implementing a workplace well-being strategy.jpg

Lessons learned: Implementing a workplace well-being strategy

Food business operators in the retail and catering sector are required to provide allergen information and follow labelling rules as set out in food law.

This means that they must:

- provide allergen information to the consumer for both prepacked and non-prepacked food and drink
- handle and manage food allergens effectively in food preparation
- make sure that staff receive training on allergens

However, it's not just about ensuring your business is compliant from a customer perspective. Employers have a duty of care to keep their employees safe too, regardless of the industry they operate within. Volunteers, students and contractors should also be considered when assessing allergen risks.

There are a number of prominent allergies that food businesses should factor into their risk assessments, such as those to common food and drink including eggs, fish and shellfish, peanuts, milk, soya and mustard.

## Labelling requirements

Under UK food law, food businesses must inform customers if any food they provide contains any of the following 14 allergens:
Celery; cereals containing gluten (such as barley and oats); crustaceans (such as prawns, crabs and lobsters); eggs; fish; lupin; milk, molluscs (such as mussels and oysters); mustard; peanuts; sesame; soybeans; sulphur dioxide and sulphites (if they are at a concentration of more than ten parts per million); and tree nuts (such as almonds, hazelnuts, walnuts, brazil nuts, cashews, pecans, pistachios and macadamia nuts).

A customer may of course be allergic or have an intolerance to other ingredients, but only the above 14 allergens must be declared as allergens under food law. This also applies to additives, processing aids and any other substances that are present in the final product. 

Different allergen labelling rules apply depending on how the food is provided, ie whether it is prepacked (any food put into packaging before being placed on sale) or non-prepacked (loose food). 

Allergen information must be in writing if you sell or provide food to your customers directly and can be demonstrated through:

- full allergen information on a menu, chalkboard or in an information pack
- a written notice placed in a clearly visible position explaining how your customers can obtain this information

When allergen information is provided as part of a conversation with a customer, this should be backed up by written information to ensure that it is accurate and consistent. More information is available via the Food Standards Agency website.

## Spotting and reacting to anaphylaxis

Anaphylaxis is a severe and life-threatening allergic reaction that can be fatal.

Severe symptoms include a swollen tongue, difficulty breathing or becoming unconscious, and usually develop suddenly, often within minutes of being exposed to an allergy trigger such as a particular food, latex, insect stings or certain drugs.

The following signs should help you recognise a potentially life-threatening reaction:

- **Airway**: persistent cough, hoarse voice, difficulty swallowing, swollen tongue
- **Breathing**: difficult or noisy breathing, wheeze or persistent cough
- **Consciousness**: persistent dizziness or appearing pale or floppy, suddenly sleepy, collapse, unconsciousness

There is no cure for anaphylaxis; people at risk must manage their condition and carry adrenaline, a life-saving emergency medication. The Human Medicines Regulations (2012) state that any lay person can administer adrenaline for the purpose of saving a life.

## Employer responsibilities

Employers should ensure they undertake a risk assessment and are aware of which employees have allergies. Controls such as creating a safe area for food to be stored to avoid any cross-contamination risk and ensuring the workplace is adequately ventilated are important, as allergens can potentially be airborne.

## Employee responsibilities

It is a good idea for employees to have their own allergy action plan to cover the specific allergen, symptoms and actions required. They should let their colleagues know where to locate their adrenaline auto injector (AAI) and always carry two in line with NHS guidance.

Employees who suffer with allergies could ask colleagues to label food they bring in and not to eat known allergens within their workspace. They can also sign up to allergy alerts for product recalls relevant to their food allergy.

Further information and training courses are available from:

- [AllergyUK](https://www.allergyuk.org/information-and-advice/conditions-and-symptoms/36-types-of-food-allergy)
- [The Anaphylaxis Campaign](https://www.anaphylaxis.org.uk/campaigning/managing-allergens-in-the-workplace/)
- [AllergyWise](https://www.allergywise.org.uk/) (via the Anaphylaxis Campaign)
- [The Food Standards Agency](https://www.food.gov.uk/safety-hygiene/food-allergy-and-intolerance)

If you're an existing Mentor customer, visit MentorDigital where we host a range of tools, templates and guidance.

If you're not an existing Mentor customer and would like to talk about how we might help your business, call us today on 0800 074 8151 or sign up to our free MentorDigital platform. Customers with hearing and speech impairments can contact us via Relay UK on 18001 0800 074 8151.

Please note that Mentor services incur a cost. 


Photo of a health & safety expert checking kitchen equipment and machinery is adequate

Allergy awareness- stay on top of food safety.jpg

Allergy awareness: stay on top of food safety

The International Labour Organisation (ILO) marks its World Day for Safety and Health at Work on or around 28th April each year. World Day is an international campaign to promote safe, healthy and decent work around the globe. The World Day for Safety and Health at Work 2021 focuses on the role of occupational safety and health (OSH) in building resilience and safeguarding workplaces against future crises.

With the UK being a founding member of the ILO, the Health & Safety Executive (HSE) is fully supportive of the ILO's promotion of this day, which will be recognised by a number of tripartite events taking place around the world.

The COVID-19 pandemic has led governments, employers, workers and the general population to face unprecedented challenges in relation to the virus and the many effects it has had on the world of work. The World Day for Safety and Health at Work will focus on strategies to strengthen national occupational safety and health (OSH) systems to build resilience, in order to face crises now and in the future, drawing on lessons learned and experiences from the world of work.

Since emerging as a global crisis in early 2020, the COVID-19 pandemic has had profound impacts everywhere. The pandemic has touched nearly every aspect of the world of work, from the risk of transmission of the virus in workplaces, to occupational safety and health (OSH) risks that have emerged as a result of measures to mitigate the spread of the virus. Shifts to new forms of working arrangements, such as the widespread reliance on Home (Virtual) working, have, for example, presented many opportunities for workers but also posed potential OSH risks, including psychosocial risks and violence in particular.

The World Day for Safety and Health at Work 2021 focuses on leveraging the elements of an OSH system as set out in the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The world day report examines how the current crisis demonstrates the importance of strengthening these OSH systems, including occupational health services, at both the national and undertaking level.

The ILO will take this opportunity to raise awareness and stimulate dialogue on the importance of creating and investing in resilient OSH systems, drawing on both regional and country examples in mitigating and preventing the Spread of COVID-19 at the workplace.

For more information, [please visit ILO website](https://www.ilo.org/safework/lang--en/index.htm). 

## How Mentor could support you

If you're an existing Mentor customer, visit MentorDigital, where we host a range of tools, templates and guidance to help you plan for the longer-term changes to ways of working, including our dedicated coronavirus hub.

If you're not an existing Mentor customer and would like to talk about how we might help your business, call us today on 0800 074 8151 or sign up to our free MentorDigital platform. Customers with hearing and speech impairments can contact us via Relay UK on 18001 0800 074 8151.

Please note that Mentor services incur a cost.


The latest industry news