July Newsletter

Summer’s finally here and I’m enjoying the warmth, light evenings, summer festivals and will even admit to dipping my toes into a bit of the football!

In this issue I cover:

Employment law update - the ERA, what’s happening and when?

Statutory rates and entitlements

Duty to prevent workplace harassment - are you taking ALL reasonable steps?

I love you to email your comments and feedback on topics you'd like me to cover in future newsletters

Employment Law update - Employment Rights Act 2025 - what’s happening and when?

A raft of changes came into force in April and will be followed in October by the next tranche, which are:

1. Workplace Harassment: Employers are legally required to take "all reasonable steps" to prevent sexual harassment (raising the standard from just "reasonable steps") and are liable for third-party harassment, eg, from clients or customers unless all preventative steps were taken. See below for more guidance on this;

2. Trade Union Rights: Employers must proactively provide workers with a written statement regarding their right to join a trade union. Unions gain stronger workplace access rights, new protections for representatives as well as protections against detriment for industrial action;

3. Tribunal Time Limits: The period to bring most employment tribunal claims is extended from three months to six months.

If you read my May newsletter and attended my briefing you’ll be aware of a fundamental change coming into force on 1 January. From 1 January, employers are required to follow all legal dismissal process steps to remove an employee with 6+ months service, ie;

• Notify the employee, in writing, that they are required to attend a meeting at which a potential outcome is their dismissal, providing reasonable advance notice;

• Inform the employee of their legal right to be accompanied by a trade union representative or a work colleague;

• Provide a report, or at least clear information and evidence about the potential reason for dismissal that will be considered at the meeting so the employee can respond;

• Provide the right of appeal against the outcome.

I advise that you shorten any 6 months probationary period to 5 months as a pragmatic way to manage out any unsuitable employees through a “light touch” dismissal process before they have achieved 6 months service.

Don’t be afraid to extend probation if needed, but communicate and document the reasons well and follow a full dismissal process if you need to part ways with the employee at the end of the extension.

Puzzled? Have a look at my video which goes into more detail (5 minutes), and re-read the May newsletter for guidance on following a robust probation process.

Statutory Pay Rates and Allowances

National Living (NLW) Wage Rates by hourly rate at April 26

• For workers aged 21 and above £12.71

• For workers aged 18 to 20 years: £10.85

• For workers aged 16 and 17 who are above school age and workers in an Apprenticeship scheme who are aged under 19, or who are aged 19 whilst they are in the first year of their Apprenticeship: £8.00

The Real Living Wage Campaign sets a living wage rate based on the cost of living. The campaign encourages companies to pay voluntarily, and is subscribed to by over 14,000 UK employers.  The hourly rate is currently £13.45 an hour and £14.80 in London.

Statutory Sick Pay is paid at the rate of £123.25 or 80% of average weekly earnings if below this amount from the first day of absence.

Maternity, Paternity, Adoption, Shared Parental leave and Statutory Bereavement leave are paid at the rate of £194.32 per week where employees meet the qualifying criteria. 90% of average earnings is paid for the first 6 weeks of Maternity and Adoption leave.

Workplace harassment - are you taking ALL reasonable steps?

October brings a subtle but important change to employer responsibilities for preventing harassment in the workplace. Prior to October an employer must take “reasonable steps” to prevent sexual harassment. From October an employer must take “all reasonable steps”. One small word makes a big difference!

Employees may experience harassment from third parties such as customers, clients and members of the public as well as fellow employees of the company. A behaviour or action that might constitute harassment to one person may not be perceived in the same way by someone else, so this whole area can be complex and confusing.

I issued a guide in 2024 when a legal framework was first introduced to place a duty on employers to prevent sexual harassment in the workplace. The guide stands in the wake of changing legislation, but places more emphasis on content in Pages 11 and 12 to embed a culture to prevent harassment and encourage reporting.

How to prepare for the new regulations:

• Review evidence

• Undertake risk assessments to identify areas of the company where any potential harassment concerns may arise and identify action to prevent any risk. Risks may relate especially to public facing roles, late night, lone working or working with people whose inhibitions are compromised;

• Review whether there have been any incidents or concerns reported in the last 2-3 years, and if so, examine patterns to work out what needs to change and what support systems you can put in place to remove all potential risk in future. Involving managers and staff in the risk assessment process is likely to provide useful insight.

• Involve managers and staff

• Ensure that managers are trained to understand a zero tolerance approach to harassment, and that they feel trained and empowered to challenge inappropriate conduct and behaviours calmly and professionally;

• Ensure that managers are clear what the reporting process is so that any concerns are flagged and dealt with proactively, consistently, calmly and professionally;

• Involve managers in risk assessments, especially in areas of the business which carry anything above a low level of risk;

• Seek input from employees and managers on any areas of concern, and to gauge whether incidents are under-reported - where this is the case, seek to understand why;

• It may be useful to set up a working group to monitor the situation and take proactive action over a period of time.

• Review documentation and communications

• Ensure that your policies, documentation and communications are clear that the company has a zero tolerance approach to all forms of harassment;

• Consider the use of company values to help articulate what is and is not acceptable in the workplace culture;

• Ensure that employees can easily find how to report a concerns or raise an issue of potential harassment, that managers are consistent in their approach and that the process is clear and accessible;

• Ensure that there is a written Policy to refer to, which includes how and when to report and what will happen if a concern reported. This doesn’t need to be a dedicated Policy - it may be included in an EDI Policy or a general statement on conduct;

• The new legislation presents a great opportunity to remind everyone about the company’s approach to harassment, encourage reporting and provide clarity on how report issues of concern and seek support.

The legislation is likely to impact on industries such as events, entertainment,  hospitality, security as well as public facing roles. Please get in touch if you need any template documentation or support on this issue.