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Mayhew Employment Law Services

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Mayhew Employment Law Services

Mayhew Employment Law Services brings 12 years of experience in listening to clients and advising on all manners of HR and Employment Law Issues.

Specialties: service agreements, terms and conditions of employment, Staff Handbook, commercial awareness, sound judgement, negotiating skills, analytical skills, organisational skills, drafting skills, settlement, negotiation, unfair dismissal discrimination, whistleblowing, TUPE, identifying and managing risk.

07/03/2024

The Paternity Leave (Amendment) Regulations will transform how fathers or partners can take time off following the birth or adoption of a child.

Key Changes:

Flexible Blocks: Dads/partners can split statutory paternity leave into one-week blocks.
Extended Timeframe: Leave can be taken anytime during the first year, not just the initial 8 weeks.
Shorter Notice Period: Notify your employer of paternity leave intent with just 28-days’ notice.
Greater Flexibility: Dads/partners may be able to vary the initial dates notified to their employer.

What it means:

Flexibility for Families: Split leave to suit family needs.
Extended Support: Enjoy leave flexibility throughout the first year.
Simplified Process: Reduced notice period streamlines the administrative aspect.

The regulations are due to come into force on 8 March 2024 and will take effect in relation to children expected to be born after 6 April 2024 and children whose expected date of placement for adoption, or expected date of entry into Great Britain for adoption, is on or after 6 April 2024.

Keep an eye out for these changes if you're expecting a baby or adopting a child after 6th April 2024. A positive shift for parents seeking more flexible and accessible paternity leave options.

Connect with [email protected] to explore how we can support your business during this transformative period.

01/03/2024

On April 6th 2024, the UK introduces new regulations granting employees the right to request flexible working arrangements from day one of employment. A significant shift from the current 26-week employment requirement.

𝐊𝐞𝐲 𝐂𝐡𝐚𝐧𝐠𝐞𝐬 𝐈𝐧𝐜𝐥𝐮𝐝𝐞:

Employers must consult with employees on flexible working requests before rejecting them.
Response time reduced to two months from the current three.
Employees can make two requests within a 12-month period.

𝐄𝐦𝐩𝐥𝐨𝐲𝐞𝐫 𝐏𝐫𝐞𝐩𝐚𝐫𝐚𝐭𝐢𝐨𝐧 𝐓𝐢𝐩𝐬:

Review Policies: Align existing policies with the new regulations.
Upskill Managers: Equip managers to handle requests effectively and empathetically.
Embrace Change: View the alterations as an opportunity to reassess operational models.
Technology Investment: Adopt technology supporting remote or hybrid work.
Culture Shift: Foster a culture valuing output over traditional working hours.

𝐄𝐦𝐩𝐥𝐨𝐲𝐞𝐫 𝐀𝐝𝐯𝐢𝐜𝐞:

Be Transparent: Clearly communicate flexibility levels in job adverts.
Consider Alternatives: Explore options to make requests work where possible.
Balance Business Impact: Weigh business requirements when accepting or rejecting requests.

If you need any guidance while navigating these changes in your business, feel free to get in touch [email protected].

22/02/2024

The Transfer of Undertakings Protection of Employment (TUPE) Regulations 2006, protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer. This is known as a TUPE transfer.

As part of this process, employers with ten (10) or more employees are currently obliged to inform and consult with affected employees on any proposed changes via elected ‘employee representatives’.

However, for TUPE transfers occurring on or after July 1, 2024 certain employers will be able to directly consult affected employees if no ‘employee representatives’ already exist. These employers are those that either:

• employ fewer than 50 employees – a Small Businesses, or
• are of any size, and are involved in a transfer of fewer than 10 employees – a Small Transfer

This makes more sense for small businesses, will offer greater flexibility to all employers and, in most cases, will serve to simplify the consultation process.

For more information, please feel free to get in touch.

#2024

14/02/2024

A survey of 500 HR directors by Nous.co reveals that 75% fear the cost-of-living crisis is affecting employee performance. Concerns include a reported 34% drop in productivity due to employees dealing with personal matters during work hours.

Key Insights:

1. 40% of HR leaders believe employees are handling life admin during working hours.
2. 18% mention employees taking annual leave to manage bills due to financial strain.
3. 18% of businesses granted extra time off, and 26% offer workplace counselling services.

Experts emphasise the need for open dialogues on financial well-being and the implementation of initiatives like financial wellness programs.

HR leaders suggest approaches such as flexible policies and even introducing "life admin days" to support employees.

Read more:- https://buff.ly/3uzR2C4

Do you have any strategies you would recommend as an employer navigating these challenges? Or as an employee, how do you cope with personal matters affecting work?

06/02/2024

Under the Flexible Working Regulations, employees can request changes to their hours or work location, yet this doesn't guarantee approval. A recent case, Wilson v Financial Conduct Authority, illustrates the complexities employers face when handling such requests.

In the case, Miss Wilson's request to work from home permanently was denied by her employer despite successful remote work during the pandemic. While the tribunal ruled in favour of the employer, it highlighted the importance of fair consideration and timely responses under the Regulations.

Key Takeaways:

✅ Employers have broad discretion to reject flexible working requests, but they must be cautious of potential discrimination claims.
✅ The 'work from home vs. office' debate is a central issue in today's workplace, demanding individualised consideration.
✅ Flexibility in working arrangements is increasingly expected by employees and can impact recruitment and retention.
✅ Employers should carefully assess requests, especially those tied to protected characteristics, to avoid legal risks and maintain positive employee relations.

How do you navigate flexible working issues in your business?

Share your insights and experiences in the comments below.

30/01/2024

In discussions about 'gender identity' at work, the focus often shifts to gender-neutral bathrooms, sparking strong opinions. However, the evolving nature of diversity, equality, and inclusion (EDI) brings identity-based issues to the forefront. Some individuals identify beyond traditional male or female categories, and a lack of understanding can lead to vulnerabilities in the workplace.

To foster inclusivity, employers can take cost-neutral steps without immediately redesigning facilities. Preparation is key, addressing potential disputes and discrimination claims. Training is crucial, with gender identity education distinct from broader EDI training. Creating a respectful workplace tone through effective codes of conduct and consistent training is essential.

Simple solutions include adopting gender-inclusive language, revising policies, and introducing pronoun choices in email signatures. Uniform flexibility and dress code options also contribute to a more inclusive environment.

As workplaces evolve, employers must stay attuned to changing dynamics and adapt, aligning with the evolving landscape of employment law.

Feel free to share your thoughts or reach out for legal guidance.

24/01/2024

Recent weight-based discrimination laws in US states prompt consideration in the UK.

New York City has implemented such laws, and Colorado is considering similar legislation. In the UK, recent criticism of singer Cliff Richard's comments highlights the ongoing challenge of weight-based stigma in the job market.

Despite strides in diversity and inclusion, studies reveal that 45% of employers show reluctance in hiring overweight candidates. Women with obesity face a wage penalty of up to 13%. The Equality Act 2010 doesn't explicitly protect against obesity discrimination, although related conditions may be covered.

While the government doesn't currently support obesity as a protected characteristic, discussions persist. Calls for protection align with broader efforts to enhance employee rights, particularly if the Labour Party succeeds in the upcoming general election.

Employers can lead change by implementing robust equal opportunity and anti-harassment policies, fostering awareness, and combating stigma.

What are your thoughts on recognising obesity as a protected characteristic? Share your perspective in the comments below ⬇️

08/01/2024

Acas reveals that a significant 70% of employees are unaware of their upcoming right to request flexible working from day one of their job, starting 6th April 2024.

Currently, this right is granted after 26 weeks of employment. The change aims to enhance work-life balance globally, making employers more attractive. Acas is set to release a Code of Practice supporting both employers and employees through this transition, addressing key changes in flexible working laws.

Key Points:

1. The day one right takes effect on 6th April 2024.
2. Additional reforms under the Employment Relations (Flexible Working) Act 2023 are expected simultaneously.
3. Acas's draft Code of Practice covers crucial aspects like meeting companions, transparent rejections, and proactive appeal offerings.
4. Acas Chief Executive, Susan Clews, emphasises the importance of preparation for these legal shifts, with the final Code set for publication next year.

27/12/2023

After 36 hours of negotiations, EU officials have secured a provisional deal on ground-breaking regulations for artificial intelligence (AI), marking the world's first comprehensive laws in this domain.

The AI Act proposals cover systems like ChatGPT and facial recognition, with the European Parliament set to vote on them in early 2024. Implementation, however, is not expected until at least 2025.

Key Points:

✅ Safeguards for AI use within the EU.
✅ Limitations on adoption by law enforcement.
✅ Consumer rights to launch complaints.
✅ Fines for violations.

EU Commissioner Thierry Breton calls it a "historic" step, setting "clear rules for the use of AI" and positioning the EU as a global AI leader.

European Commission President Ursula von der Leyen hails it as a "unique legal framework for the development of AI you can trust."

This marks a significant move towards responsible AI development, ensuring technology aligns with safety and human rights.

22/12/2023

Wishing you a wonderful Christmas and a Happy New Year from Sara Mayhew and Mayhew Employment Law 🎄

14/12/2023

A recent Acas survey, conducted by YouGov, uncovers that 3 in 5 workers lack awareness of the rights associated with zero-hours contracts.

This is especially pertinent during seasonal peaks, such as the Christmas period, where zero-hours contracts are widely used for temporary positions.

Zero-hours contracts, offering flexibility to employers and workers, often lead to uncertainty. Acas emphasises that individuals on these contracts could be classified as employees or workers, determining their legal rights. Despite the varied nature of these arrangements, certain rights always apply:

✅ National Minimum Wage and National Living Wage
✅ Paid holiday
✅ Rest breaks
✅ Protection from discrimination
✅ Receiving payslips

Acas Chief Executive, Susan Clews, sheds light on upcoming developments. A new law in 2024 aims to grant zero-hours contract workers the right to request a more predictable working pattern. Acas is currently seeking input on a draft Code of Practice to guide businesses and workers through this change.

The consultation, closing on 17th January 2024, focuses on the draft Code of Practice. It aims to ensure that requests for a predictable working pattern are handled reasonably, promoting understanding and consideration.

As we approach the Workers (Predictable Terms and Conditions) Act's anticipated launch in Autumn 2024, staying informed is crucial. Visit Acas for advice on zero-hours contracts and contribute to the consultation on the draft Code of Practice to shape the future of workplace predictability.

If you’d like help with navigating zero hours contracts or have any questions, get in touch.

05/12/2023

OpenAI and ChatGPT have been much in the news recently, albeit for different reasons. But a year after its launch, ChatGPT is causing a stir among businesses for varying reasons ⬇️

What is ChatGPT?

ChatGPT (or Generative Pre-trained Transformer) is a piece of language processing technology which uses machine learning models to generate human-like output or responses. It does this by studying vast amounts of knowledge stored on the internet to respond to tasks or prompts it is given. So, like your own dedicated personal assistant, it can be used to generate business ideas, translate text, write reports and review data.

While its potential for business is mind-blowing, concerns are arising about its use in the workplace.

What are the potential risks to employers?

According to research published by career-based social networking app, Fishbowl, one of the main risks for employers is that they are not aware that their employees are using it. This can result in unintended and serious consequences when you take into account that ChatGPT may produce plausible yet incorrect output, giving rise to a real risk of inaccurate information or incorrect advice being given to customers or to other employees.

It can also pose a threat to the confidentiality of, and/or copyright in, information which employees input to achieve their desired tasks.

As AI continues to shape the workplace, proactive steps are essential for employers to mitigate risks and ensure responsible use.

What actions should employers take?

As a minimum, employers should clearly communicate whether the use of ChatGPT for work purposes is permitted.

If permitted, employers would do well to implement controls to prevent potential issues and to provide guidance on acceptable use. This can be done by way of a suitable policy.

If not permitted, employers would do well to set out the potential consequences of a breach by updating their disciplinary policies and procedures.

What is clear is that employers who do nothing may unexpectantly find themselves in very choppy waters!

Feel free to reach out if you have any questions about introducing policies for AI usage in your business.

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Objective Zed Limited, 23 Lockyer Street
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