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Mandie Wilkinson - Peninsula - HR & Health and Safety, Shifnal, Shifnal (2026)

02/06/2022

𝗧𝗿𝗶𝗯𝘂𝗻𝗮𝗹 𝗳𝗶𝗻𝗱𝘀 𝗗𝗼𝗹𝗹𝘆 𝗣𝗮𝗿𝘁𝗼𝗻 𝗰𝗼𝗺𝗺𝗲𝗻𝘁𝘀 𝘄𝗲𝗿𝗲 𝗵𝗮𝗿𝗮𝘀𝘀𝗺𝗲𝗻𝘁

A policeman who was called ‘Dolly’ after Dolly Parton because he worked ‘9 to 5’ has brought a successful employment tribunal claim for victimisation and harassment relating to disability.

It was alleged that another officer whistled the song and printed photos of Dolly Parton to display on his desk.

The claimant had changed his hours as he had childcare responsibilities and he cared for his disabled mother.

The tribunal concluded that an “intimidating” email sent to the claimant when he was long-term sick, threatening disciplinary action if he failed to return to work, amounted to harassment.

30/05/2022

𝗚𝗮𝗺𝗲𝗿𝘀 𝗲𝗻𝗰𝗼𝘂𝗿𝗮𝗴𝗲𝗱 𝘁𝗼 𝗰𝗵𝗲𝗰𝗸 𝘁𝗵𝗲𝗶𝗿 𝗽𝗮𝘆

The government has announced it will use mobile game adverts for the first time to encourage gamers to check they are receiving the correct pay. The adverts will appear in games such as Angry Birds, The Sims and FIFA.

The aim is to raise awareness among younger workers of the increase in National Minimum Wage rates on 1 April 2022, which included the largest ever rise in the National Living Wage to £9.50 per hour.

The adverts will run during natural pauses in the game play and players will be incentivised to watch the full advert by gaining an in-game reward such as coins, points or extra lives.

26/05/2022

𝗣𝗿𝗼𝗽𝗼𝘀𝗮𝗹𝘀 𝘁𝗼 𝗿𝗲𝗳𝗼𝗿𝗺 𝗦𝘁𝗮𝘁𝘂𝘁𝗼𝗿𝘆 𝗦𝗶𝗰𝗸 𝗣𝗮𝘆 𝘂𝗻𝘃𝗲𝗶𝗹𝗲𝗱 𝗶𝗻 𝗽𝗮𝗿𝗹𝗶𝗮𝗺𝗲𝗻𝘁

Leading experts presented recommendations to parliament last week to overhaul the Statutory Sick Pay system by introducing new Statutory Sickness Support.

• Research has found that around 2 million workers, 70% of them women, do not qualify for Statutory Sick Pay. Industry experts are calling for reform to provide a stronger financial safety net for workers.

• The changes would put new obligations on employers to pro-actively implement measures to support positive health and wellbeing in the workplace, with the aim of reducing sickness absences.

• SMEs who do so effectively would be given access to a conditional sick pay rebate scheme, meaning they could claim back the cost of SSP. However, they would have to show that their measures noticeably reduced absences and improved employees’
health.

• Statutory Sickness Support would widen eligibility to protect all workers, accommodate flexible working / phased returns, and simplify calculation and administration for employers.

• The reforms would mean that on average workers on SSP would get 63% of their salary covered while on sickness absence compared to 28% under the current system.

• The proposals are still in the early stages with much more work needed before they are brought before parliament for consultation.

20/05/2022

𝗖𝗼𝘃𝗶𝗱: 𝗗𝗶𝘀𝗺𝗶𝘀𝘀𝗮𝗹 𝗳𝗮𝗶𝗿 𝗳𝗼𝗿 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗲 𝗿𝗲𝗳𝘂𝘀𝗶𝗻𝗴 𝘁𝗼 𝘄𝗼𝗿𝗸

An employee who refused to work due to dangers posed by the Covid pandemic, and was subsequently dismissed, has lost his automatically unfair dismissal appeal.

The Employment Appeal Tribunal (EAT) agreed with the ET that the employer had taken reasonable steps to avert danger and, had these been followed by the employee, he would have been able to continue working safely.

Under s100 of the Employment Rights Act, employees are protected from being dismissed if they reasonably believe work poses a serious and imminent danger, which cannot be avoided.

17/05/2022

“𝗕𝗮𝗻𝘁𝗲𝗿” 𝘁𝗿𝗶𝗯𝘂𝗻𝗮𝗹 𝗰𝗮𝘀𝗲𝘀 𝗼𝗻 𝘁𝗵𝗲 𝗿𝗶𝘀𝗲

The number of employment tribunal cases in which workplace “banter” was cited rose from 67 in 2020 to 97 in 2021 – a 45% increase, highlighting the need for employers to do more to prevent situations turning hostile.

In some cases, an individual might not mean to deliberately cause harm. But, what one person sees as a joke can be extremely damaging to another. Employers should, therefore, take steps to prevent this.

Any comments or actions which create a humiliating or offensive environment will instead be seen to be bullying or harassment, which employees can raise tribunal claims for.

13/05/2022

𝗡𝗲𝘄 𝗹𝗮𝘄𝘀 𝗼𝗻 𝘀𝘁𝗮𝗳𝗳 𝘁𝗶𝗽𝘀 𝘀𝗵𝗲𝗹𝘃𝗲𝗱

In September 2021, the Government announced plans to introduce a new law making it illegal for employers to withhold tips from workers.

The change would make staff entitled to keep 100% of the tips they earn, including service charges paid by card and cash tips given directly.

But, such plans have been shelved so will unlikely be discussed until May 2023 at the earliest, with further time needed to confirm and implement any changes.

For now, employers remain legally able to take a portion of staff tips, although they should be mindful of the impact doing so will have on employee relations, including motivation, engagement and productivity.

11/05/2022

𝗚𝗼𝘃𝗲𝗿𝗻𝗺𝗲𝗻𝘁 𝘁𝗼 𝗶𝗻𝘁𝗿𝗼𝗱𝘂𝗰𝗲 𝗹𝗲𝗴𝗶𝘀𝗹𝗮𝘁𝗶𝗼𝗻 𝘁𝗼 𝗲𝘅𝘁𝗲𝗻𝗱 𝘁𝗵𝗲 𝗯𝗮𝗻 𝗼𝗻 𝗲𝘅𝗰𝗹𝘂𝘀𝗶𝘃𝗶𝘁𝘆 𝗰𝗹𝗮𝘂𝘀𝗲𝘀

𝗡𝗲𝘄 𝗹𝗮𝘄𝘀 𝘄𝗶𝗹𝗹 𝗺𝗮𝗸𝗲 𝗲𝘅𝗰𝗹𝘂𝘀𝗶𝘃𝗶𝘁𝘆 𝗰𝗹𝗮𝘂𝘀𝗲𝘀 𝘂𝗻𝗲𝗻𝗳𝗼𝗿𝗰𝗲𝗮𝗯𝗹𝗲 𝗶𝗻 𝗲𝗺𝗽𝗹𝗼𝘆𝗺𝗲𝗻𝘁 𝗰𝗼𝗻𝘁𝗿𝗮𝗰𝘁𝘀 𝘄𝗵𝗲𝗿𝗲 𝘁𝗵𝗲 𝗴𝘂𝗮𝗿𝗮𝗻𝘁𝗲𝗲𝗱 𝘄𝗲𝗲𝗸𝗹𝘆 𝗶𝗻𝗰𝗼𝗺𝗲 𝗶𝘀 𝗯𝗲𝗹𝗼𝘄 𝗼𝗿 𝗲𝗾𝘂𝗶𝘃𝗮𝗹𝗲𝗻𝘁 𝘁𝗼 𝘁𝗵𝗲 𝗟𝗼𝘄𝗲𝗿 𝗘𝗮𝗿𝗻𝗶𝗻𝗴𝘀 𝗟𝗶𝗺𝗶𝘁 (𝗟𝗘𝗟), 𝗰𝘂𝗿𝗿𝗲𝗻𝘁𝗹𝘆 £𝟭𝟮𝟯 𝗽𝗲𝗿 𝘄𝗲𝗲𝗸.

• Exclusivity clauses restrict workers from taking on additional work with other employers. They were banned from being included in zero-hours contracts in 2015, but will now be extended to anyone earning under the LEL.

• The legislation will also give employees the right not to be unfairly dismissed, and workers the right not to be subjected to a detriment, for failing to comply with an exclusivity clause. They will also be able to claim compensation for any unfair treatment.

• It is hoped that be removing red tape, the lowest paid workers will be given the choice to work multiple jobs if they wish, to give them more flexibility over when and where they work.

• Businesses will also benefit from a wider talent pool of applicants, since candidates might have previously be unable to apply for additional positions due to an exclusivity clause with another employer. It will also help attract more people into key industries, such as retail and hospitality, and encourage employers to create jobs with contracts which suit them and their needs, for example, offering few weekly hours.

• There isn’t yet a set date for when the new law will come into force, but it will be laid before Parliament later this year.

• Employers may need to review existing policies and procedures and prepare to update these.

29/04/2022

𝗖𝗮𝗹𝗹𝘀 𝗳𝗼𝗿 𝗽𝗲𝗿𝗺𝗮𝗻𝗲𝗻𝘁 𝗲𝘅𝘁𝗿𝗮 𝗯𝗮𝗻𝗸 𝗵𝗼𝗹𝗶𝗱𝗮𝘆

𝗕𝘂𝘀𝗶𝗻𝗲𝘀𝘀 𝗹𝗲𝗮𝗱𝗲𝗿𝘀 𝗮𝗿𝗲 𝗰𝗮𝗹𝗹𝗶𝗻𝗴 𝗳𝗼𝗿 𝘁𝗵𝗲 𝗲𝘅𝘁𝗿𝗮 𝗯𝗮𝗻𝗸 𝗵𝗼𝗹𝗶𝗱𝗮𝘆 𝘁𝗵𝗶𝘀 𝗝𝘂𝗻𝗲 𝗺𝗮𝗿𝗸𝗶𝗻𝗴 𝘁𝗵𝗲 𝗤𝘂𝗲𝗲𝗻’𝘀 𝗣𝗹𝗮𝘁𝗶𝗻𝘂𝗺 𝗝𝘂𝗯𝗶𝗹𝗲𝗲 𝘁𝗼 𝗯𝗲 𝗺𝗮𝗱𝗲 𝗽𝗲𝗿𝗺𝗮𝗻𝗲𝗻𝘁.

A new “Thank Holiday” would be intended to recognise the Monarch’s service and bring communities together, whilst boosting the economy post-Covid.

The Chancellor, Rishi Sunak is said to be considering the proposals, although we will have to wait and see if this actually becomes a reality.

Whether or not employers will be required to give employees an extra day off if a new “Thank Holiday” is given will depend on what is written in the contract of employment.

28/04/2022

𝗥𝗲𝗰𝗼𝗴𝗻𝗶𝘀𝗶𝗻𝗴 𝘁𝗵𝗲 𝗶𝗺𝗽𝗼𝗿𝘁𝗮𝗻𝗰𝗲 𝗼𝗳 𝗳𝗶𝗻𝗮𝗻𝗰𝗶𝗮𝗹 𝘄𝗲𝗹𝗹𝗯𝗲𝗶𝗻𝗴 𝗶𝗻 𝘁𝗵𝗲 𝘄𝗼𝗿𝗸𝗽𝗹𝗮𝗰𝗲

𝗔𝘀 𝘁𝗵𝗲 𝗰𝗼𝘀𝘁 𝗼𝗳 𝗹𝗶𝘃𝗶𝗻𝗴 𝗰𝗼𝗻𝘁𝗶𝗻𝘂𝗲𝘀 𝘁𝗼 𝘀𝗼𝗮𝗿, 𝘀𝘂𝗽𝗽𝗼𝗿𝘁𝗶𝗻𝗴 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀’ 𝗳𝗶𝗻𝗮𝗻𝗰𝗶𝗮𝗹 𝘄𝗲𝗹𝗹𝗯𝗲𝗶𝗻𝗴 𝗶𝘀 𝗺𝗼𝗿𝗲 𝗶𝗺𝗽𝗼𝗿𝘁𝗮𝗻𝘁 𝘁𝗵𝗮𝗻 𝗲𝘃𝗲𝗿.

• A survey carried out by the CIPD shows that employees whose workplaces have a financial wellbeing policy are more likely to agree that their job protects them from poverty and that they feel in control of their finances, but only 20% of employees say their employer actually has such a policy.

• Worries about personal finances can have a significant detrimental impact on employees’ physical and mental health, as well as their ability to do their job. These concerns can lead to increased absence levels, reduced productivity and ultimately, impact overall business performance.

• However, implementing a financial wellbeing policy, as part of a wider wellbeing strategy, can help to improve employees’ wellbeing, reduce absence levels, improve retention and attract new talent to the organisation.

• A financial wellbeing policy should signpost employees to relevant support within the business and externally. It can also be useful to remind employees if they have access to an employee assistance programme.

• Employers should aim to normalise conversations about money worries at work and breakdown any stigma, supporting managers to encourage employees to open up if they have concerns so they can be offered appropriate sources of help.

25/04/2022

𝗦𝘂𝗽𝗽𝗼𝗿𝘁𝗶𝗻𝗴 𝗻𝗲𝘂𝗿𝗼𝗱𝗶𝘃𝗲𝗿𝘀𝗲 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀 𝗶𝗻 𝘁𝗵𝗲 𝘄𝗼𝗿𝗸𝗽𝗹𝗮𝗰𝗲

𝗪𝗶𝘁𝗵 𝗔𝗽𝗿𝗶𝗹 𝗯𝗲𝗶𝗻𝗴 𝗿𝗲𝗰𝗼𝗴𝗻𝗶𝘀𝗲𝗱 𝗮𝘀 𝗔𝘂𝘁𝗶𝘀𝗺 𝗔𝘄𝗮𝗿𝗲𝗻𝗲𝘀𝘀 𝗠𝗼𝗻𝘁𝗵, 𝘁𝗵𝗶𝘀 𝗰𝗮𝗻 𝗯𝗲 𝗮 𝗴𝗿𝗲𝗮𝘁 𝗼𝗽𝗽𝗼𝗿𝘁𝘂𝗻𝗶𝘁𝘆 𝗳𝗼𝗿 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗿𝘀 𝘁𝗼 𝗿𝗮𝗶𝘀𝗲 𝗮𝘄𝗮𝗿𝗲𝗻𝗲𝘀𝘀 𝗼𝗳 𝗮𝘂𝘁𝗶𝘀𝗺 𝗮𝗻𝗱 𝗻𝗲𝘂𝗿𝗼𝗱𝗶𝘃𝗲𝗿𝘀𝗶𝘁𝘆 𝗶𝗻 𝘁𝗵𝗲𝗶𝗿 𝗼𝗿𝗴𝗮𝗻𝗶𝘀𝗮𝘁𝗶𝗼𝗻𝘀.

• Neurodiversity describes the range of differences in individual brain function and behavioural traits, and includes neurological conditions such as autism, dyslexia, dyspraxia and attention deficit hyperactivity disorder (ADHD). It is important to recognise
that individuals may be neurodiverse even if they haven’t been diagnosed as such.

• Neurodiversity is associated with many workplace benefits including higher levels of innovation, creative thinking, lateral thinking, highly specialised skills and analysing strategically.

• As neurodiversity is recognised on a spectrum, employers should avoid adopting a ‘one size fits all approach’ to neurodivergent employees and ensure that support is tailored to individual needs. Employers should be aware that neurodiverse employees may be classed as disabled under the Equality Act 2010, triggering the employer’s legal duty to make reasonable adjustments.

• Employers could consider setting up a taskforce to help design a work environment that is inclusive for neurodiverse employees.

• A neurodiversity policy can help to encourage employees to speak to appropriate individuals about their condition and to provide reassurance that this will be treated sensitively and that they will be fully supported, without such policy employees are likely to be more reluctant to raise this initially.

22/04/2022

𝗖𝗮𝗹𝗹𝘀 𝗳𝗼𝗿 𝗿𝗲𝗳𝗼𝗿𝗺 𝗼𝗳 𝗔𝗽𝗽𝗿𝗲𝗻𝘁𝗶𝗰𝗲𝘀𝗵𝗶𝗽 𝗟𝗲𝘃𝘆

HR professionals are calling for the replacement of the current Apprenticeship Levy with a broader training levy, which can be accessed by more employees.

In his Spring Statement, the Chancellor said the government will review the current Levy, which has been criticised for not increasing take-up of apprenticeships.

The Apprenticeship Levy is paid by employers with a pay bill of over £3 million who pay 0.5% of their total annual pay bill.

Opening up the scope of the current Levy to be a wider training levy would be particularly valuable if it could be used to retrain or upskill existing staff members, boosting retention and productivity levels.

20/04/2022

𝗚𝗼𝘃𝗲𝗿𝗻𝗺𝗲𝗻𝘁 𝗲𝘅𝗽𝗲𝗰𝘁𝗲𝗱 𝘁𝗼 𝗱𝗲𝗹𝗮𝘆 𝗶𝗻𝘁𝗿𝗼𝗱𝘂𝗰𝘁𝗶𝗼𝗻 𝗼𝗳 𝗻𝗲𝘄 𝗲𝗺𝗽𝗹𝗼𝘆𝗺𝗲𝗻𝘁 𝗿𝗶𝗴𝗵𝘁𝘀

Trade unions have reacted with anger to reports that the introduction of the long-awaited Employment Bill is to be delayed until at least May 2023.

• The Employment Bill was expected to be announced in the Queen’s Speech on 10 May 2022, but government officials are reported to have confirmed that the Bill will now be postponed.

• In response to the current P&O Ferries dispute more than 30 trade unions, including RMT, Nautilus, Unite, Unison and GMB had written to Business Secretary Kwasi Kwarteng seeking a publication date for the Employment Bill, which was first promised by the government in 2019.

• The Employment Bill would introduce new statutory rights such as a brand new right for employees to carer’s leave, which would give them the right to take up to 5 days unpaid leave each year to help them carry out their caring responsibilities, and a new right to 12 weeks’ paid neonatal leave for parents with babies in neonatal care units.

• The Bill would also extend current flexible working request rules to include a right to request flexible working from day one of employment and improve redundancy protection for pregnant employees and those returning from maternity leave.

• Whilst the delay in these changes being implemented gives employers more time to prepare, some employers may want to introduce measures now that go above and beyond current legal entitlements to improve inclusion and diversity in the workplace.

Mandie Wilkinson - Peninsula - HR & Health and Safety

02/06/2022

30/05/2022

26/05/2022

20/05/2022

17/05/2022

13/05/2022

11/05/2022

29/04/2022

28/04/2022

25/04/2022

22/04/2022

20/04/2022

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