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.
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.
COSLA tables increased offer with school strikes looming
Local government umbrella body COSLA has tabled an improved offer to unions in an attempt to avert school strikes.
Commenting on a revised offer which was sent to the Trade Unions yesterday (Wednesday) COSLA’s Resources Spokesperson Councillor Katie Hagmann said: “The reality of the situation is that as employers, Council Leaders have now made a strong offer even stronger.
“Council Leaders have listened to the workforce and then acted on what they heard by adding additional Council funds to get us to the position today where a revised offer can be made.
“We have also secured additional baseline funding from Scottish Government of £94 million, which will be built into the Scottish Government’s funding for Councils from next year, that ensures the viability and sustainability of this offer.
“This is an extremely strong offer which not only compares well to other sectors, but recognises the cost-of-living pressures on our workforce and which would mean the lowest paid would see a 21% increase in their pay over a two-year period.
“Councils value their workforce and this offer will support those workers during a cost of living crisis, whilst also protecting vital jobs and services. We hope that our Trade Union colleagues will give their membership the chance to consider this strong offer.”
Commenting on Cosla’s revised pay offer which was sent to unions last night, UNISON Scotland’s head of local government, Johanna Baxter said: ““UNISON Scotland’s local government committee will hold an emergency meeting first thing tomorrow (today, Thursday) and will go through the detail of Cosla’s revised offer and consider our position. UNISON will do everything we can to find a solution – we do not want to see mass school closures.
“However, we need to be convinced that this is a substantially improved offer. UNISON members in schools have voted in unprecedented numbers to take action and we have a mandate to call over 21,000 school staff out on strike over this – our members have clearly had enough. COSLA and the Scottish government need to make sure these workers are properly rewarded for their commitment and hard work.”
More than three quarters of Scotland’s schools face closure later this month in a dispute over pay, as UNISON announces strike dates. If it goes ahead the action will affect primary and secondary schools in 24 local authorities, with 76% of Scotland’s schools affected (1,868 schools).
UNISON, Scotland’s largest local government union, says more than 21,000 members will take part in the action over three days from Tuesday, 26 to Thursday, 28 September.
UNISON Scotland’s head of local government, Johanna Baxter said last week: “Going on strike is always a last resort – our members want to be in schools supporting children not on picket lines outside them.
“But they have been left with no option. Local government workers overwhelmingly rejected COSLA’s below-inflation pay offer back in March and despite our repeated representations no improvement has been forthcoming.
“A real-terms pay cut in the midst of a cost-of-living crisis is a cut our members simply cannot afford. This is not a highly-paid workforce – three quarters of local government workers earn less than the average Scottish wage.
“All they want is to be paid fairly for the vital work they do supporting Scotland’s communities – COSLA and the Scottish Government need to get back round the table and work with us to deliver that.”
Chair of UNISON Scotland’s local government committee, Mark Ferguson said last week:“Our members are steadfast in their resolve to fight for fair pay. COSLA’s offer falls short of UNISON’s pay claim, it is also less than the offer made to the lowest paid local government staff south of the border.
“No-one wants to see schools close but COSLA need to come back with a significantly improved pay offer very soon if strike action is to be avoided. We remain committed to engaging in negotiations with COSLA and the Scottish Government at any point to try to resolve this dispute.”
COSLA has now came back with that new offer – but will this ‘even stronger’ offer be enough to avert looming industrial action?
BREAKING NEWS:
2pm: UNISON HAS REJECTED LATEST PAY OFFER – STRIKES GO AHEAD
We’re delighted to be welcoming Joined Up for Jobs (part of Capital City Partnership) to the Drill Hall for the Leith Job Fair.
It’s an employability event for clients to come along and meet directly with employers and partners based in Edinburgh for support in looking for jobs, CV writing, job interview preparation.
Mental health and chronic pain are having the most significant impact on economic inactivity rates in Scotland, according to a new report from the Scottish Parliament’s COVID-19 Recovery Committee.
The report considers the impact of the COVID-19 pandemic on Scotland’s labour market, looking specifically at long-term illness and early retirement as drivers of economic inactivity.
The Committee found that although the pandemic has not significantly impacted economic inactivity in Scotland, it has clearly highlighted the extent to which a healthy working-age population is required to sustain a healthy economy.
The Committee heard that implementing remote and/or flexible working practices may improve employees’ wellbeing, bring more people into the labour market, including disabled people and people with chronic or mental illness, and support older workers to remain in the labour market for longer.
This morning, the COVID-19 Recovery Committee published a new report into the impact of the pandemic on Scotland's labour market.
However, evidence from employers highlighted that many employers, particularly small and medium-sized enterprises, require additional support to implement flexible working and improve reasonable adjustment policies.
The report expresses disappointment that due to budgetary pressures, the Scottish Government’s plans for a ‘Centre for Workplace Transformation’, which would seek to embed some of the learning gained from the pandemic, was not delivered on target in 2022.
Additionally, the Committee noted that best practice from wrap-around employability services, like the Fair Start Scotland programme, which provides tailored support to get working-aged people who are disengaged from the labour market back into employment, should be shared across all of Scotland’s local authorities.
Convener of the Scottish Parliament’s COVID-19 Recovery Committee, Siobhian Brown MSP, said: “Whilst our report found the pandemic has not had a significant impact on economic inactivity levels, issues such as poor mental health and chronic illnesses, are part of the complex challenges to Scotland’s economic and social recovery from COVID-19.
“Increased partnership working between the Scottish Government and employers to support investment in employees’ wellbeing and embedding post-pandemic opportunities for flexible working is crucial to supporting more people into the labour market.
“Remote and flexible working practices could also support more disabled people and those living with chronic health or mental health conditions into the workforce, whilst also enabling older people to stay in the labour market for longer.
“It’s important that as a priority, the Scottish Government sets out what additional support it is providing for employers to develop practical resources to support the adoption of flexible working policies and share best practice, which are vital to improving Scotland’s economic activity levels.”
With recent studies showing that nine in ten women feel menopause affects their work, many employers are reassessing the needs of their employees and introducing menopause support resources in the workplace.
In order to support and educate employers on how best to handle menopause in the workplace, Thorntons Solicitors is hosting an hour-long webinar led by Employment Law Legal Director, Amy Jones, on World Menopause Day 2021.
Taking place virtually between 9:30-10:30am on Monday 18th October, Amy will discuss potential for discrimination and other claims if menopause is not handled appropriately together with practical tips on handling the effects of menopause within the work environment.
Amy, who has specialised in employment law for over ten years, said: “As a society, we are making progress in acknowledging the ways the menopause can impact a person – physically, emotionally, and professionally. In my upcoming webinar, I’ll be discussing the legal position around menopause at work and the importance of training, support and flexibility for managers and co-workers.”
“Many employers will be considering the need to make adjustments for staff, and I will be offering some insight on what that might look like in their workplace as well as taking the time to answer audience questions.”
Attendees can sign up for the webinar using this link:
There have been reports of people being forced back to workplaces without proper consultation, even as Covid-19 cases remain high, or forced to stay at home due to money-saving office closures (writes TUC’s ALICE ARKWRIGHT). Employers should consult with unions to manage this period positively – rather than issuing directives.
So, what can you do if you feel like you’re being forced to stay at home or go back into the office?
Talk to your colleagues
If your boss is asking you to return to the workplace or stay at home and you don’t feel comfortable, you should speak to other members and your union rep immediately – they may feel the same about the situation.
If you raise the issue collectively with your employer, they’re much more likely to listen. Employers shouldn’t be imposing changes on anyone. You and your colleagues should clearly lay out what you want and why it’s beneficial for both you and your employer.
There’s still limited access to childcare at the moment, so parents and carers may need specific arrangements. Your boss should be working with you and your workmates to understand this.
And suggesting pay cuts for home workers, as we’ve heard in the media, is the last thing employers should be doing. People have shown huge flexibility during the pandemic and worked hard to keep the country going – now is not the time to be making threats.
Brush up on health and safety
There are lots of factors that your employer needs to think about at this time. Primarily, health and safety – is your workplace safe to be in and has your employer considered the mental health impact of returning to the workplace?
This could include feelings of isolation with continued homeworking or anxiety about returning to the workplace. Our latest webinar provides all you need to know on health and safety at work since government restrictions were lifted.
Know your rights
You have certain rights when deciding where to work:
Employment contract
Check your employment contract. You might have a “place of work” included and, it could be a breach of contact if your employer unilaterally imposes a change of location, without consent. This is important if your employer is saying you must work from home permanently.
Safety
The virus hasn’t gone away, and workers will want to know what their employer is doing to keep them safe. It’s a legal requirement for bosses to carry out a workplace risk assessment. Employers must also carry out the actions that come from their risk assessment – this could include continuing with home working where possible.
If you think there is a serious or imminent danger to you or your colleagues, you may have the right to leave work depending on the specific circumstances. The relevant law is Section 44 of the Employment Act 1996 and it covers all employees. More information on your health and safety rights on returning to work can be found here.
And remember, your employer still has a duty to keep you safe when you’re working from home – see our guidance on risk assessments for homeworkers.
Flexible working requests
Under current law, all employees have the right to request flexible working arrangements, this can include a request to change your location either permanently or for part of your working time. Any employee can make a request, you don’t have to be a parent or carer, but you must have been in the job for 26 weeks and you can only make one request per year.
Employers have to review these requests fairly and respond within 3 months. They can turn down requests for ‘business reasons’ – but we’re campaigning for better flexible working rights for everyone.
Reasonable adjustments
Employers have a legal duty under the Equality Act 2010 to proactively make reasonable adjustments to remove, reduce or prevent any disadvantages that disabled workers face. The law recognises that to secure equality for disabled people, work may need to be structured differently, support given, and barriers removed. This can include working from home.
If you’re a disabled worker and have been working from home successfully during the pandemic, continuing to work from home could be a reasonable adjustment that your employer can provide, should you want it – but bosses must also provide reasonable adjustments in the workplace.
Right to time off in emergencies to look after children
There are huge gaps in childcare provision leaving parents without the support they need to juggle work and care. If your employer has given you short notice to return to the workplace, by law anyone classed as an employee has the right to take time off work to help someone who is dependent on them in an unexpected event.
A dependent includes children but also a partner, someone you live with or a person who relies on you to make care arrangements. If you’re looking at any of these options, talk to your union and they can support you.
Finally, if you’re not in a union, join one.
Unionised workplaces have negotiated for additional access to flexible work and support to manage care that goes way above what you get under the law.
4 in 10 report taking less time off during pandemic
New research by Acas has found that around 4 in 10 British employees (39%) have taken less paid time off work during the pandemic compared to before it started.
Acas commissioned YouGov to ask British employees workers about how much annual leave or paid time off they had taken since the start of the pandemic when compared to previous years. The poll also found that the results varied depending on the size of the organisation:
35% of employees in large businesses (employ more than 250 people) were less likely to have taken paid time off.
Acas advice is that it is important for people to take time off to get rest, to keep both physically and mentally healthy and to use their holiday entitlement within their current leave year where they can.
Susan Clews, Acas Chief Executive, said: “Our poll findings are unsurprising as many workers may have taken advantage of a new law introduced last year, which allows them to carry over most of their paid time off into this year.
“Whilst the easing of pandemic restrictions is good news for many businesses, many staff will be keen to use up the leave they have saved up to take advantage of the summer season.
“Acas advice is for employees to agree any holiday plans with their managers and keep them updated on any new COVID developments that could impact work such as travel quarantine or being asked to self-isolate.”
Acas has advice for employers and employees on taking leave, what the rules are and what has changed as well as information on what to do if you need to self-isolate when returning from abroad.
In 2020, the Government introduced a law allowing employees and workers to carry over up to four weeks statutory paid holiday into their next two holiday leave years. This law applies for any holiday that staff do not take due to COVID-19.
Acas advice on taking paid time off includes:
Workers should try and make requests for paid holiday throughout their holiday year;
If holiday plans suddenly change due to COVID-19 then employees should get in touch with their boss to agree alternative options for time off; and
Get any time off requests in as soon as possible as employers need to plan staff cover for their businesses and are unlikely to agree staff all taking holiday at the same time.
It’s important to check the latest Government guidance before and after travelling:
People who need to self-isolate should not leave their home to go to work but can work from home if it’s agreed with their employer;
If an employee cannot do their job from home, they should talk to their employer to agree what type of leave to use;
Employees and workers are not entitled to Statutory Sick Pay (SSP) if they’re self-isolating after travel abroad and cannot work from home. But an employer can choose to pay them sick pay at the same rate as SSP or a higher rate if they want to.
Employers claim just 2.5% of working-age Covid deaths are from exposure to Coronavirus at work
System for reporting workplace deaths and infections is “letting bad bosses off the hook”, says TUC
Under-reporting has badly undermined health and safety regulation and enforcement during the pandemic
The number of people who have died from exposure to Covid at work is being “massively under-reported” by employers, according to a new TUC report published yesterday (Sunday).
The report highlights a huge discrepancy between Covid work-related deaths reported by employers and data from the Office for National Statistics (ONS) and Public Health England.
Between April 2020 and April 2021 the ONS reported that 15,263 people of working age died from Covid. But according to reports filed by employers just 387 (2.5 per cent) of these deaths came from workers contracting Covid at work.
The union body says this under-reporting has badly undermined health and safety regulation enforcement during the pandemic with employers less likely to face action from regulators for putting staff at risk.
Under-reporting in at-risk sectors
The TUC’s report shows that in sectors with high numbers of deaths during the pandemic – like food production and transport – only a small fraction of deaths have been reported as work-related by employers.
Figures from the ONS show that between March 2020 and December 2020 more than 600 people working in the transport sector died.
But according to reports filed by employers (over the longer period of April 2020 to April 2021) just 10 deaths in the transport sector were work-related.
And figures from the ONS show that 63 food production workers died between March 2020 and December 2020.
But according to data supplied by employers (over the longer period of April 2020 to April 2021) just three of these deaths were the result of work.
The TUC believes the true number of work-related deaths in these and other sectors are much higher, especially considering the high number of breaches of safety protocols we have seen during the pandemic and the high numbers of outbreaks.
Reporting system “letting bad bosses off the hook”
Employers are required by law to report deaths, injuries and illnesses that take place at work or in connection with work.
This is done through a mechanism called RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) which logs work-related deaths, illnesses and injuries for the Health and Safety Executive (HSE).
But under the current reporting system employers are given “free rein” to decide whether a Covid-19 diagnosis is the result of occupational exposure or from exposure outside of work premises.
The TUC says this loophole has led to employers not reporting the true scale of Covid work-related deaths and infections to the HSE, despite this information being vital to containing the spread of the virus.
Enforcement crisis
The TUC says that for the HSE to do its job effectively it must possess an accurate and up-to-date picture of where and when work-related deaths and infections are taking place.
But during the pandemic it has only been provided with very partial information from employers.
This has prevented the HSE from carrying out potentially urgent inspections and ensuring employers take the necessary action to keep workers and the public safe, says the report.
TUC analysis shows that just 1 in 218 workplaces has been inspected by the HSE (between March 2020 and April 2021) and not one single employer has been prosecuted for putting staff at risk.
The union body says this “crisis of regulation and enforcement” has allowed bad bosses to get away with flagrant labour rights abuses – adding that the pandemic has highlighted Britain’s enforcement system’s long-standing deficiencies.
New approach needed to health and safety
As well as calling for improvements in the way work-related delated deaths and infections are reported, the union body says government must reverse cuts to the HSE of the past decade, which it says left the country “under-prepared and vulnerable” to the pandemic.
The last ten years has seen real term cuts of 50 per cent to the HSE budget, on top of local authority budgets being slashed.
There has also been a dramatic decline in inspections. There were 27 per cent fewer HSE inspections carried out in the UK in 2019 than 2011, amounting to a fall of over 5,700 a year.
TUC General Secretary Frances O’Grady said: “Everybody deserves to be safe at work. But this pandemic has exposed a crisis in health and safety regulation and enforcement.
“Employers have massively under-reported Covid work-related deaths and infections. This has made it much harder for regulators to track where outbreaks are happening and allowed bad bosses to get away with flagrant labour rights abuses.
“It’s staggering that not a single employer has been prosecuted for putting workers at risk of contracting Covid-19.
“The government must fix the deficiencies in how workplace deaths, illnesses and injuries are reported. The current system is letting bosses off the hook.
“And ministers must fund enforcement bodies properly so they can recruit and train qualified workplace inspectors, inspect more workplaces, and prosecute companies who don’t keep their workers safe.”
More employers across Edinburgh and the Lothians can now tap into funding to provide upskilling and reskilling opportunities for their staff through the Edinburgh College Flexible Workforce Development Fund.
For the first time, the fund will now be available for both levy payers and SMEs, across the private, public and third sectors.
Of this, an extra £4 million will be available to support SMEs through Edinburgh College – opening up new training and upskilling opportunities for SMEs.
Edinburgh College Principal Audrey Cumberford said: “The announcement of this additional money by Scottish Government for the Flexible Workforce Development Fund is welcomed news for the college sector, and for SMEs across our region and the entire country.
“Since the inception of the Flexible Workforce Development Fund, Edinburgh College has delivered first-class bespoke training and upskilling to organisations across a wide range of sectors which has led to incredible results and the establishment of long-term training and other business support partnerships.
“We are delighted that we can now extend this work to small and medium-sized businesses and we look forward to working with some of the most innovative and exciting firms Scotland has to offer, to provide bespoke training programmes to suit their needs, at a time when workforce training and development is crucial as the nation recovers from the current economic downturn.”
Business, Fair Work and Skills Minister Jamie Hepburn said: “Opportunities for training are essential for both employers and employees, and in August we doubled funding for our Flexible Workforce Development Fund to £20 million for 2020/21 to ensure businesses across Scotland can continue to invest in their workforce.
“As this fund adapts and responds to the impacts of the pandemic, we will also see the introduction of additional delivery partners including the Open University in Scotland and private training providers for employers who require more specialist training.
“By strengthening and upskilling the existing workforce, in partnership with colleges, we can retain jobs and support employers as they pivot and adapt to a new and very different working environment as a result of the pandemic.”
Andrew McRae, FSB’s Scotland policy chair, said: “This new funding could help many Scottish smaller businesses, and their staff teams, navigate the current crisis and ensure they’re prepared to take advantage of the recovery when it comes.
“FSB has been making the case to open up this cash pot to local firms, and we’d encourage all sorts of smaller operators to investigate how to access this support to build their business and develop their employees.”
The Flexible Workforce Development Fund helps businesses continue to invest in their workforce, and business support and is available for all of Scotland’s employers who are subject to the UK Government’s Apprenticeship Levy.
In August, the Scottish Government announced immediate investment in jobs to provide the foundations for a strong economic recovery from coronavirus (COVID-19).
As part of this, the fund, which is now in its fourth year, was doubled to £20m for 2020/21.
Thursday 20th July
10am – 1pm, free entry
