We round up the latest employment news.
Menopause: new guidance to help employers understand their obligations to women
The Equality and Human Rights Commission (EHRC) has published new guidance to help employers understand the steps they need to take to support staff experiencing menopausal symptoms. It confirms that, under the Equality Act 2010 (EqA) and health and safety legislation:
- Menopause and peri-menopause symptoms can qualify as a “disability” under the Equality Act if they have a substantial impact on a woman’s ability to carry out her normal day-to-day activities and are long term (i.e., has lasted 12 months or is likely to last 12 months). If so, an employer is under a legal duty to consider and make reasonable adjustments and must not discriminate against the woman on the grounds of her disability.
- Women experiencing menopause and peri-menopause symptoms may also be protected from discrimination on the grounds of age and sex.
- Employers must carry out a risk assessment of their workplace to ensure that menopause and peri-menopause symptoms are not made worse by the workplace and make any necessary adjustments.
You can read our detailed analysis here.
New ICO guidance to employers about sharing sensitive information about staff going through a mental health emergency
In a significant move to address mental health crisis in workplaces, the Information Commissioner’s Office (ICO) has released guidance for employers to help them to understand when they can share sensitive information about workers going through ‘mental health emergencies’.
The ICO's guidance:
- Clarifies that a mental health emergency is where an employer believes that an employee is at risk of serious self-harm or poses a danger to others.
- Signposts where employers can obtain further information and support.
- Explains how mental health information is treated under data protection laws and the lawful basis and special category conditions likely to apply when employers share personal information in these circumstances.
- States that employers should share necessary and proportionate information about a worker’s mental health emergency with the appropriate emergency services or health professionals without delay and could share some information with their next of kin or emergency contact.
- Encourages employers to plan ahead so that they can make timely and informed decision-making in crisis situations.
- States that employers should develop a policy on sharing personal information in a mental health emergency, ensure that workers know about, and can access, the policy and train staff about how to handle personal information in these circumstances.
Government calls on employers to support autistic people
The DWP has released a new report into workplace culture changes necessary to support autistic people to both start and remain in work. It identifies the barriers faced by autistic people in the workplace and sets out 19 recommendations necessary to increase the employment opportunities of autistic individuals over the next five years.
Some improvements in the ethnic diversity of FTSE, and private companies
The Parker review committee has published an update report: improving the ethnic diversity or UK business. For the first time, the review analyses data about senior managers as well as board members. It also has expanded its research to include 50 private companies as well as those that are listed.
Key findings:
- 96% of FTSE 100 companies have met the target of having at least one ethnic minority director on their board, with 56 companies exceeding this target
- FTSE 250 companies are not far behind, with 70% already meeting their target ahead of the 2024 deadline, marking a 12-percentage point increase within a single year
- 13% of senior manager in FTSE 100 and 12% in FTSE 250 companies are from ethnic minority groups
- 44% of private companies meet the target of having at least one minority director on their board
The report underscores the importance of diversity in fostering a meritocratic business culture that can drive productivity and competitiveness.
New Code of Practice on Picketing
The Department for Business and Trade has published the final version of its revised Code of Practice on picketing. The final version is identical in content to the draft revised Code which was published on 16 January 2024 (although the page numbering is different).
The revised Code came into force on 11 March 2024.
Slowest salary inflation in three years
The latest Report on Jobs published by the Recruitment and Employment Confederation (REC) and KPMG reveals:
- The rate of salary inflation for starting pay for both permanent and temporary workers in February was the slowest since 2021 due to ongoing economic uncertainty and hiring freezes
- There was a marked fall in permanent placements, continuing a 12-month trend
- The retail and construction sectors experienced a downturn in demand for temporary workers, while blue-collar and engineering sectors saw an increase
UK's Gender Pay Gap Widens
The latest 'Women in Work 2024' report reveals that the UK has fallen from 13th to 17th place within the OECD countries in terms of its gender pay gap.
The report, which scrutinises the persisting pay disparities between men and women, found that the gender pay gap in the UK widened from 14.3% in 2021 to 14.5% in 2022. It attributed this to the UK's slower pace in advancing gender equality at work compared to other nations.
The report underscores the substantial economic benefits that could be unlocked by addressing the gender pay penalty. It estimates a potential £55 billion annual increase in women's earnings if the pay disparities were eradicated, alongside a boost to the UK GDP by up to £125 billion annually with a 5% rise in female employment.
Discrimination and toxic workplaces
In a recent study released to coincide with My Whole Self Day, one in three employees in the UK reported experiencing microaggressions or discriminatory behaviour from their managers within the last six months. The campaign, spearheaded by Mental Health First Aid England, believes that workplaces across the UK need radical change.
Key findings:
- The research, involving 2,000 employees, highlighted that ageism, inflexible work patterns, and insensitivity towards personal life and health are the most common managerial missteps
- Nearly half of the workforce has faced discriminatory or exclusionary acts, such as lack of recognition, favouritism, and sarcasm, from their superiors
- Younger employees and ethnic minorities reported higher instances of such behaviour, with Black or Black British workers being the most affected group
National Insurance cuts
The Chancellor has announced changes to National Insurance contributions (NICs) in the Spring Budget 2024. The main rate of Class 1 employee NICs will be reduced from 10% to 8% starting from 6 April 2024.
Read more – March 2024
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