THE EZHR WEEKLY UPDATE 9th October 2023

In this week’s EZHR update, we talk all things….

✅ Menopause as a discrimination claim

✅ Monitoring workers in the workplace

✅ Tribunal Statistics & Terms of Employment 

✅ Setting National Living Wage expectations

Menopause as a discrimination claim

A landmark tribunal on menopause is being heard this week (Ms M Rooney v Leicester City Council), a topic which has grabbed a lot of attention recently, and the outcome of this is likely to impact how menopause is managed by the tribunal system.

The claim, supported by the Equalities and Human Rights Commission, is seen as the case to be used to set the precedent on how employers will be expected to engage with menopause and the surrounding aspects of the issue.

While the outcome of the tribunal is yet to be confirmed this is a key area for employers to keep an eye on and ACAS provided guidance earlier this year for people experiencing menopause earlier this year. https://www.acas.org.uk/menopause-at-work

Monitoring workers in the workplace

The Information Commissioner’s Office has produced guidance for employers on how to manage their legal obligations and workers’ rights before implementing workplace monitoring.

With the rise of monitoring software, the ICO has created this overview to support employers on how data protection law applies to the processing of personal data for monitoring workers and considers specific types of monitoring practices, including the use of biometric data to monitor time-keeping and attendance.

The key things an organisation should consider when looking to monitor employees must include:

·       Making workers aware of the nature, extent and reasons for monitoring

·       Having a clearly defined purpose and using the least intrusive means to achieve it

·       Having a lawful basis for processing workers’ data – such as consent or legal obligation

·       Telling workers about any monitoring in a way that is easy to understand

·       Only keeping the information which is relevant to its purpose

·       Carrying out a data protection impact assessment for monitoring that is likely to result in a high risk to the rights of workers, and

·       Making the personal information collected through monitoring available to workers if they make a subject access request.

The guidance also provides an overview of how data protection law applies to the processing of personal data for monitoring workers and considers specific types of monitoring practices, including the use of biometric data to monitor time-keeping and attendance.

You can find the full guidance here https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/employment-information/employment-practices-and-data-protection-monitoring-workers/

Tribunal Statistics & Terms of Employment 

The Ministry of Justice (MoJ) has published its latest quarterly update for cases brought to, heard and disposed of before the Employment Tribunal (ET) service. This covers Quarter 1, April to June 2023.

 While in the main they provide fairly uninspiring reading there is one piece of information that is worth your attention.

There has been a large increase in claims for failure to provide the written main terms of employment. This is generally because people are more aware of their basic employment rights. Failure to do this can result in a fine of up to £2,572 per employee.

Things like this are easily resolved and remember all you need to do is provide a new employee with the following:

·       The days of the week that they are required to work.

·       Whether working hours or days may be varied, how this can happen, and how this will be determined.

·       All paid leave entitlement in addition to annual leave and holiday pay (including but not limited to paid parental leave and sick leave).

·       All employee benefits and remuneration.

·       Any probationary period, including duration and conditions.

·       Training that the employer will provide.

·       Any mandatory training that they must complete (including training that the employee will need to pay for).

Closely related to this is the increase in breach of contract claims. This can happen when an employer misunderstands how the terms of their contract can be used, especially when it comes to changing bonus payments. Employers looking to avoid making this same mistake might want to see our webinar on this very topic How to avoid a breach of contract.

Setting National Living Wage expectations

The Chancellor has confirmed at the Conservative Party Conference that the national living wage is set to increase to at least £11 an hour from next April.

While the actual figure is yet to be confirmed the Low Pay Commission has already advised on the potential increase in April 2024, with a guide national living wage rate of between £10.90 and £11.43, with an estimate of £11.16.

If you have any questions on these issues please don't hesitate to contact us at info@ezhr.uk or 0161 843 5678.