Welcome to our December 2024 Employment Law Update!
In our last edition for 2024, we touch on the government's intention to extend the time limit within which a claim can be brought before a Tribunal and provide you with the latest update surrounding the Employment Rights Bill.
We also provide our top employment tips for the Christmas period!
Tribunal time limits extended for claims
Among the amendments to the Employment Rights Bill tabled by government is its intention to extend the time limit within which a claim can be brought before a Tribunal from three months to six. This proposal will apply to all claims, regardless of type. Although the longer time limit may help some employers to complete their investigations, there is also the danger that it will encourage many more claims that will simply add to the current, growing backlog. The obvious answer is to avoid claims by ensuring that your policies and procedures are up to date and properly followed.
Employment Rights Bill
Arguably one of the most radical bills to come before Parliament, a substantial amendment paper has already been tabled to address inconsistencies and clarify technical points. The most significant changes include the extension of tribunal time limits (see above); a definition of the ‘initial period of employment’ to be between three and nine months before a claim for unfair dismissal can be brought; the inclusion of menstrual issues under ‘matters relating to gender equality’; and the voiding of any NDAs that try and prevent employees disclosing harassment. We will continue to keep this important bill under regular review next year.
Top employment tips for Christmas
As 2024 draws to a close, employers may face seasonally related challenges such as increased sick leave and extended shutdown periods. Many businesses will also be organising Christmas parties.
To help employers prepare, we have compiled some top tips for employers so that businesses stay legally compliant while allowing employees to enjoy the festive celebrations. We outline the main points below and you can find more detail on our website. Continue reading here.
Christmas parties and the new duty to prevent sexual harassment
On 26 October 2024, a new duty was placed on employers to take all reasonable steps to prevent sexual harassment. The late hours and alcohol consumption that usually accompany the Christmas party season is likely to put the new law to the test as employees, suppliers and customers enjoy the festive celebrations. Employers must remember that office Christmas parties are workplace events and that any misconduct that occurs should be treated in the same way as if it occurred in the workplace itself. Therefore, it is critical that a policy covering sexual harassment is in place, employees have received appropriate training, and that all necessary measures are taken to prevent it happening in the first place (such as restricting the type of alcohol available). In our experience, staff members are often unaware which actions constitute sexual harassment so staff training is it essential. However, the new duty now makes it more important than ever for employers to demonstrate they have taken all reasonable steps to prevent sexual harassment.
We offer various training courses to businesses. Our most popular are:
- Preventing Sexual Harassment in the Workplace
- Banter vs Discrimination
- Bullying & Harassment
If you would like to book a training session, please contact Tina.
Shutdown period
Let customers and suppliers know what your operating hours are during the Christmas period on websites and email footers; ask employees to update their out of office notices; and if appropriate, contact key clients and customers personally to let them know the Christmas arrangements.
Christmas absences and leave
Adjust flexible working arrangements if necessary; ensure absence and holiday policies are up to date; consider incentives such as festive activities to encourage attendance; and be flexible around start and finish times around weekday Christmas office parties and other events such as Christmas school plays.
Respect cultural differences
Be mindful that not every staff member will celebrate Christmas. Employers should also consider flexible working policies to accommodate religious festivals other than Christmas. Equally, when organising festive activities and Christmas parties please remember to consider dietary requirements because of allergies or religious beliefs. It is also important to offer a selection of non-alcoholic beverages.
Well-being
The holiday season can be very stressful for some employees. The pressure of completing tasks and meeting deadlines before the Christmas break, financial pressures and balancing personal responsibilities can become overwhelming. Line managers should continue to check in with their team regularly and not leave it until after Christmas. It is also a good time for the People or HR team to remind all staff of employee wellbeing initiatives and benefits.
We look forward to reconnecting with all our clients and contacts in 2025. In the meantime, all of us in the Employment Law team wish you a very happy Christmas and a prosperous New Year!
