Tag: ACAS

New protections from sexual harassment come into force

Employers now have a legal duty to take reasonable steps to prevent sexual harassment and create a safe working environment

  • New duty under the Equality Act 2010 will require employers to take “reasonable steps” to prevent sexual harassment of their employees.
  • New guidance for employers on how they can protect their staff.
  • New measure comes into force as further legislation goes through Parliament to boost economic growth by tackling poor productivity, insecure work and broken industrial relations.

From Saturday 26 October, employees can expect their employers to take reasonable steps to protect them from sexual harassment as a new duty comes into force.

Employers now have a duty to anticipate when sexual harassment may occur and take reasonable steps to prevent it. If sexual harassment has taken place, an employer should take action to stop it from happening again. This sends a clear signal to all employers that they must take reasonable preventative steps against sexual harassment, encourage cultural change where necessary, and reduce the likelihood of sexual harassment occurring.

Anneliese Dodds, Minister for Women and Equalities, said: “This government is determined to ensure that we not only Make Work Pay; we also make work safe.

“Too many people feel uncomfortable or unsafe at work due to sexual harassment and we are putting every effort into putting a stop to it. The preventative duty is an important step on the journey, and we will continue to improve protections for workers until everyone can thrive.

“The Equality Act provides legal protections against sexual harassment in the workplace. Despite this, persistent reports and revelations in recent years indicate that it remains a problem. So from today employers will be required to take ‘reasonable steps’ to prevent sexual harassment of their employees.

“We will strengthen this duty through our Employment Rights Bill, which had its Second Reading this week, and will boost economic growth by tackling poor productivity, insecure work and broken industrial relations.”

Guidance for employers on developing appropriate plans and policies has been published by the Advisory Conciliation and Arbitration Service (Acas) and the Equality and Human Rights Commission.

This includes what behaviour needs to be addressed and how complaints should be handled, to help employers protect their staff and avoid tribunals.

Acas urges employers to act now on sexual harassment

Workplace expert Acas is encouraging employers and their staff to create a zero-tolerance approach to sexual harassment at work ahead of a change in law this week.

The Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into effect on 26 October 2024, introducing a legal duty for employers to proactively take reasonable steps to prevent sexual harassment.

Acas is suggesting employers create a culture where sexual harassment is understood to be unacceptable, including anyone in a position of authority.

This includes developing a policy on sexual harassment, training managers on their responsibilities, and creating an environment where people feel safe to report incidents of sexual harassment and situations where they felt unsafe.

According to a recent Acas survey, 14% of employers and 6% of employees said they had witnessed sexual harassment in their workplace.

Acas Head of Inclusive Workplaces Julie Dennis said: “Sexual harassment is unacceptable at work or anywhere else. We want everyone to understand this, and we are urging employers to take a proactive approach to stamping it out.

“Proper policies and training for managers can help eliminate the potential for sexual harassment to occur. They can also help foster environments where staff feel empowered to report any harassment and avoid it before it occurs.”

Sexual harassment is unwanted behaviour of a sexual nature.

Under the new law, employers must take reasonable steps to prevent sexual harassment.

They must not wait until something has happened before they take action.

This covers harassment from colleagues, whether at work or in settings connected to work, and also harassment from third parties such as customers, service users or members of the public.

In order to identify and address risks, employers need to:

  • consider the risks of sexual harassment happening in their organisation
  • consider steps they could take to reduce the risks of sexual harassment happening
  • consider which of those steps are reasonable for them to take.

For more information, please visit: https://www.acas.org.uk/sexual-harassment

ACAS: Industrial disputes becoming more polarised

Two new reports from workplace expert Acas show that groups involved in industrial disputes are increasingly polarised.

The reports look at people’s perceptions of group workplace conflict in Britain and Acas’s role in helping to resolve them.

Acas is the leading authority on workplace relations and dispute resolution in Great Britain.

Acas provides a free, impartial and voluntary collective conciliation service, which means when there is a disagreement between an employer and a group of employees, Acas can help both sides try to come to an agreement and settle the dispute.

The evaluation shows that Acas’s collective conciliation remains highly rated amongst those who use it; but those involved in workplace conflict are becoming more polarised and are increasingly unsure how to resolve the issue.

Decreasing negotiation skills, lack of experience of handling collective conflict, increasingly polarised starting positions and challenging economic and political factors have all contributed to an increase in parties seeking Acas’s help.

Acas Director of Dispute Resolution Kate Nowicki said: “Industrial disputes increased last year against a challenging economic and political backdrop, and we have seen the landscape of collective workplace conflict become more complex, with opposing positions often more entrenched.

“Despite this, our research shows that satisfaction levels amongst Acas customers remain very high. We are listening carefully to what people say about us, gaining new insights to make sure that our conciliation service is as good as it can be.

“This validation of the service comes at an important time, as the employment relations landscape faces significant change with the introduction of the government’s Employment Rights Bill.”

Acas Chief Conciliator Marina Glasgow added: “The report underlines the importance of Acas as an impartial, independent expert in workplace disputes and it reflects our success.

“I’m delighted that the research shows that the vast majority of our customers get good outcomes for their organisations. Turning to Acas is a hallmark of success, not failure, and this research validates that choice.

“It is extremely satisfying to be able to help people in heated, entrenched situations come out the other side able to shake hands and move forward.”

Acas was involved in 618 collective disputes between 1 April 2023 and 31 March 2024.

For more information, please visit: 

https://www.acas.org.uk/about-us/evaluations/acas-collective-conciliation-evaluation

https://www.acas.org.uk/research-and-commentary/workplace-conflict/continuity-and-change-in-collective-workplace-conflict

ACAS: More than one third of women do not think they get equal pay in their organisation

More than one-third of women (36%) believe they do not get the same pay as men at their organisation, according to a new survey.

Ahead of International Equal Pay Day (18th September), workplace expert Acas commissioned YouGov to survey perceptions of pay equality.

The survey showed that more than one-third of women believed they were not being paid as much as men.

The survey also showed that just 10% of men believed they were being paid more than women.

By law, men and women must get equal pay for doing ‘equal work’.

Acas’s individual dispute resolution service, Early Conciliation, which helps to resolve potential employment tribunal claims, saw a 34% increase between 2022/23 and 2023/24.

Acas Head of Inclusive Workplaces Julie Dennis said: “Having an equal pay policy can help bosses be open and clear with their staff about how they achieve equal pay and how they will resolve any pay issues.

“This can help tackle any perceptions that men are being paid more than women and help ensure employers are not breaking the law.

“Women doing equal work to their male colleagues should not be paid less and employers should be consistent when deciding people’s pay and contractual terms and conditions.”

“Acas has advice for employers on setting equal pay policies, and performing an “equal pay audit” if businesses have more than 50 employees. An “equal pay review” is for businesses that have fewer than 50 staff to check for potential issues.

“Employees who believe they are not receiving equal pay should talk to their employer to try to resolve the issue. Acas also provides advice on raising the issue formally as a grievance and making an equal pay claim.”

Acas urges employers to aim for gold medal team line ups for the Olympics

Workplace expert, Acas, has issued top tips today to help employers prepare for potential issues that could arise during the 2024 Olympics Games in Paris that start on Friday.

Paris 2024 will take place between Friday 26 July and Sunday 11 August 2024. Acas advises employers and small businesses to have agreements in place that cover requests for time off, sickness absence, website use during working hours or watching TV during this period.

Relais de la flamme des Jeux Olympiques de Paris 2024, Val-de-Marne

Acas Chief Executive, Susan Clews, said: “Paris 2024 will be an exciting event for many sports fans but staff should avoid getting disqualified for unreasonable demands or behaviour in the workplace during this period.

“For many businesses, maintaining a certain staffing level is critical in order to survive and sprint to that finish line. Employers should have a set of simple workplace agreements in place before the starting gun goes off for the Olympic Games. These agreements can help ensure businesses remain productive while keeping staff happy too, which are key ingredients for a gold medal winning team line up.

“Our top tips can help managers get the best from their team athletes by planning for potential hurdles, arranging team relay handovers if necessary and avoiding unnecessary false starts.”

Acas offers some top tips for employers to consider for the 2024 Olympic Games:

Time Off – Employers may wish to look at being a little more flexible when allowing employees time off during this period and employees should remember that it may not always be possible to book a holiday. The key is for both parties to try and come to an agreement. All requests for leave should be considered fairly. A consistent approach should be applied for holiday requests for other major sporting events too.

Sickness absence – Employers may want to remind staff that their sickness and attendance policies will still apply during the Olympics. Any unauthorised absence, patterns of absence or late attendance are likely to be investigated and could result in formal proceedings.

Flexibility – One possible option is to have a more flexible working day. Employees could come in a little later or finish sooner and then agree when this time can be made up.

Allowing staff to listen to the radio or watch the TV may be another possible option. Employers could also allow staff to take a break during popular events. Another option is to look at allowing staff to swap shifts with their manager’s permission.

It is important for employers to be fair and consistent with all staff if they allow additional benefits during the Olympics.  Any change in hours or flexibility in working hours should be approved before the event.

Use of social media and websites – there may be an increase in the use of social media or websites covering Paris 2024. Employers may wish to remind staff of any policies on the use of social media and websites during working hours. The policies should be clear on what is and is not acceptable web use.

Demand for Acas services remains high in difficult year for employment relations

Inflationary pressures and cuts in real pay in many sectors have continued to trigger disputes across the public and private sectors in the last year according to workplace expert, Acas, in its latest annual report.

The new annual report covers the period from 1 April 2023 until 31 March 2024.

Acas Chair, Clare Chapman, said: “It has been another exceptionally demanding year for Acas and our staff have worked hard to help spread good work practice and resolve conflict in a challenging economic climate.

“The past 12 months have seen continuing inflationary pressures and a cut in real pay across the economy that are key drivers for collective disputes. Acas experts handled more than 600 of these disputes over the past year and resolved 94% of them.

“Our individual dispute resolution service also performed very strongly and helped to prevent costly and distressing court action for tens of thousands of employers and employees.

“The service dealt with over 100,000 cases during the year and over one million in the last decade. These successes have benefitted businesses and workers across Britain.”

Key facts and figures from this year’s annual report, include:

  • Acas was involved in 618 collective disputes between employers and groups of workers with a settlement rate of 94%. Pay was the leading cause of the disputes.
  • The individual dispute resolution service at Acas, which helps to resolve potential employment tribunal claims, dealt with 104,884 notifications for ‘early conciliation’. Seven out of 10 cases avoided the need for an employment tribunal. Wages were the top cause of conflict, followed by unfair dismissal and disability discrimination.
  • The Acas website continues to be popular for employers and employees seeking advice on workplace rights. Customers accessed its web pages 17.9 million times in 2023-24.
  • The Acas helpline answered 578,463 calls from employers and employees across Great Britain. Discipline, dismissal and grievance were the top topics for calls.
  • Acas trained over 40,000 people in good workplace practice. 93% of attendees said their course met their objectives.
  • Acas has made significant efficiencies in key service costs. The cost of handling a case in our collective and individual conciliation services has been reduced by 30% and 11% respectively.

A full copy of the 2023-2024 Acas Annual Report can be viewed here: 

www.acas.org.uk/annualreport.

Acas publishes new Code of Practice on flexible working

Workplace expert, Acas, has published its new statutory Code of Practice on requests for flexible working alongside accompanying guidance.

From today, all employees will have the right to ask their employer if they can work flexibly from their first day of employment. This right previously only applied if employees worked for their employer for 26 weeks or more.

Susan Clews, Acas Chief Executive, said: “There has been a global shift to flexible working following the pandemic, which has allowed more people to better balance their working lives and employers have also benefitted from being an attractive place to work.

“Our new Code aims to foster flexible working further and covers the new law changes. It sets out good practice on flexible working requests and will help employers and employees avoid any pitfalls.

“There are many types of flexible working such as part-time working, flexitime, job sharing, staggered hours, hybrid and homeworking. The starting position for businesses should be to consider what may be possible.”

The new Code covers the new changes to the law around statutory flexible working requests. These are:

  • A new right to request flexible working from the first day of employment
  • Allowing an employee to make two flexible working requests in any 12-month period rather than one
  • A new requirement that an employer must not reject a request without consulting the employee first
  • Employers now having two months to decide on the request rather than three months.

The new Code underwent a consultation process in its draft form last year. 77% of respondents to the consultation agreed that Acas should reconsider the overall good practice principles when updating the Code to reflect changes to the law.

The Code encourages employers to take a positive approach to flexible working so that requests are not rejected by default without due consideration and an open dialogue about what may be workable.

It is important for employers to comply with the Code as any breach may be considered by an employment tribunal for relevant cases.

Acas has also published new detailed guidance to accompany the Code, which provides practical examples for employers and employees on flexible working requests.

The new Code and guidance can be seen at: www.acas.org.uk/flexibleworking

UK Government cracks down on controversial ‘fire and rehire’ tactics

  • UK Government acts against controversial dismissal tactics through a new statutory Code of Practice.
  • Employment tribunals will have the power to apply an uplift of up to 25 percent of an employee’s compensation if an employer unreasonably fails to comply with the code.
  • Code protects workers’ rights whilst respecting business flexibility.

Action against unscrupulous employers to tackle the use of controversial ‘fire and rehire’ practices have been rolled out by the Westminster Government.

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

The Government has been clear that it firmly opposes this practice being used as a negotiating tactic. Today, a new statutory Code of Practice has been published making clear how employers must behave in this area. 

This new Code of Practice shows the Government is going a step further to protect workers across the country. This will help to preserve security and opportunity for those in work, as part of our plan to grow the economy.

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

“This announcement shows we are taking action to tackle fire and re-hire practices by balancing protections for workers with business flexibility”.

In future the courts, and employment tribunals, will take the Code into account when considering relevant cases. This will include on unfair dismissal claims where the employer should have followed the Code.

https://twitter.com/i/status/1759563650212200518

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

The new Code clarifies how employers should behave when seeking to change employees’ terms and conditions, aiming to ensure employees are properly consulted and treated fairly.

Employers will now also need to explore alternatives to dismissal and re-engagement and have meaningful discussions with employees or trade unions to reach an agreed outcome.

The Code makes it clear to employers that they must not use threats of dismissal to pressurise employees into accepting new terms. They should also not raise the prospect of dismissal unreasonably early or threaten dismissal where it is not envisaged.

Acas Chief Executive Susan Clews said: “Fire and rehire is an extreme step that can seriously damage working relations and has significant legal risks for organisations. Employers should focus on maintaining good employment relations to reach agreement with staff if they are thinking about making changes to their contracts.

“Acas offers impartial advice on employment rights and obligations, and has expertise in helping parties to maintain good industrial relations and resolving disputes where they arise.

“The Government’s new draft Code is clear that employers should contact Acas for advice before they raise the prospect of fire and rehire with employees.”

Principal Policy Advisor at Institute of Directors, Alexandra Hall-Chen said: “The publication of this Code of Practice provides employers with welcome clarity and practical guidance.

“The Code rightly places good industrial relations at its core and represents an effective means of balancing worker protections with labour market flexibility.”

Head of Public Policy at CIPD, Ben Willmott said: “The Code promotes good practice, making clear employers should always seek to agree any changes to terms and conditions with employees and that ‘fire and rehire’ should only be used as an absolute last resort.

“It highlights the importance of early and meaningful consultation with employees to maximise the chances of finding alternative solutions which can lead to agreement over proposed changes.

“It also emphasises that Acas has a key role to play and should be contacted by an employer for advice before it raises the prospect of fire and rehire with the workforce.”

The Government previously asked Acas to produce guidance for employers on fire and rehire practices, which was published in 2021.

The TUC says the guidance does not go far enough: ‘Government’s code of practice on fire and rehire lacks bite.

“It will not deter bad employers like P&O from treating staff like disposable labour. We need far more robust legislation to protect people at work.

“Labour’s New Deal for Working People would be the biggest upgrade in workers’ rights in a generation and end fire and rehire.”

Acas publishes advice to help employers avoid fire and rehire practices

Workplace expert, Acas, published evidence on the use of fire and rehire practices at work in June.

In response, the Government asked Acas to produce guidance to help employers explore all other options first before considering fire and rehire to change employee contracts.

This new advice has been published today and can help employers maintain good employment relations and reach agreement with staff if they are thinking about making changes to their contracts.

Acas Chief Executive, Susan Clews, said: “Our new advice is clear that fire and rehire is an extreme step that can seriously damage working relations and has significant legal risks for organisations.

“Employers should thoroughly explore all other options first and make every effort to reach agreement with staff on any contract changes.

“Organisations that consult with their workforce in a genuine and meaningful way about proposed changes can help prevent conflict at work and stay within the law.”

Acas advice is that organisations that are considering contract changes should fully consult with all affected staff and their representatives in a genuine and meaningful way.

Effective consultation can help maintain good workplace relations as it allows staff to understand the reasons behind proposed changes and provides them with an opportunity to give their views. This can help to build trust and find a solution that works for everyone.

Tensions can arise if employees feel that they have not had the opportunity to inform decisions around proposals or do not support the changes. This can result in staff feeling less committed and can impact an organisation’s performance.

If both sides are finding it difficult to reach an agreement then Acas advice includes tips on how to:

  • keep discussions constructive;
  • explore alternative options to reach a compromise; and
  • stay focused on trying to reach consensus.  

Acas advises that the practice of fire and rehire is an extreme step that can damage staff morale, productivity, working relations and can also lead to industrial action.

Other risks for employers in using fire and rehire practices can include:

  • making it harder for both sides to reach a negotiated solution if employees feel ‘threatened’ by an employer
  • expensive legal claims from staff who feel that they have been unfairly dismissed or discriminated against;
  • reputational damage, which can make it difficult for an organisation to attract new employees;
  • immediate and long-lasting damage to trust with staff; and
  • losing valued people because they do not accept the offer of a new contract, or staff leaving later due to unhappiness over the change or the way it was made.

Acas’s full advice is available at: http://www.acas.org.uk/changecontract

Acas: Employee mental health support has got better since the start of the pandemic

New research by Acas has found that over a third (36%) of British employers have seen their mental health support improve since the start of the coronavirus (COVID-19) pandemic.

Acas commissioned YouGov to ask businesses in Britain about whether they had seen a change to employee mental health and wellbeing support in their organisation since the start of the pandemic. The poll found that:

  • Over a third (36%) said it had got better;
  • Nearly one in ten (9%) said it had got worse;
  • Half (50%) reported it as staying the same; and
  • 6% of employers did not know.

Acas Chief Executive, Susan Clews, said: “The pandemic has been a challenging period for everyone and it’s great to see that over a third of bosses have managed to improve their organisation’s mental health support for their staff.

“However, nearly one in ten employers have seen this support deteriorate so it is important for businesses to invest in the wellbeing of their workers as they open up again.

“Acas has good advice and training on how to support and manage mental health and wellbeing at work.”

Acas advice for employers on managing mental health during COVID-19 includes:

  • Be approachable, available and encourage team members to talk to you if they’re having problems;
  • Keep in regular contact with your team to check how they are coping;
  • Be understanding towards the concerns and needs of your staff while they work in new or unexpected ways. For example, working from home or managing childcare while working;
  • Address any individual communication preferences such as asking team members if they prefer to talk over the phone, through video meetings or by email; and
  • Look after your own mental health and get support if you feel under more pressure than usual. This support could be a colleague at work, a mental health network or a counsellor.

For the full Acas advice, please see: www.acas.org.uk/coronavirus-mental-health