September’s employment law updates highlight the need for change in zero hours contracts following a TUC survey, progress with AI as the UK signs an international treaty on AI risks, and the ECHR has issued an action plan for addressing Pontins’ discriminatory practices regarding travellers as well as published new guidance on how to support disabled staff with hybrid working. We also bring you an update from HMRC regarding new statutory leave and pay rights for parents of premature babies. Much food for thought.
- Zero-hours Contracts: TUC survey highlights importance of government plans on zero-hours contracts
- Technology: UK signs first legally binding international treaty on AI risks
- Discrimination: EHRC action plan sets out steps Pontins must take to address its discriminatory policies
- Disability: EHRC publishes new guidance for employers supporting disabled staff with hybrid working
- Statutory Pay: New Neonatal Care Leave and Pay to apply from April 2025
Zero-hours Contracts: TUC survey highlights importance of government plans on zero-hours contracts
At the end of August, the Trade Union Congress (TUC) published the results of a poll into zero-hours contracts, which reveal that 84% of zero-contract workers want regular full-time work hours, while 75% of those polled indicated they are struggling to meet living expenses due to not being offered enough hours. The TUC suggests that the upcoming Employments Rights Bill is crucial in order to ensure a rise in employment standards.
The poll of zero-hours contract workers between 9 and 21 May 2024 further reveals that:
- 14% of those surveyed do not want to work regular hours;
- 66% of people employed on zero-hours contracts are seeking extra work;
- 58% of zero-hours workers’ requests for more hours are being refused by employers;
- 52% have had shifts cancelled at less than 24 hours’ notice;
- 66% of zero-hours contract workers say they received no compensation for cancelled shifts—with just 5% fully compensated;
- 76% say they felt they had to work despite feeling unwell;
- 50% say they have experienced difficulty managing childcare with their work, and this number rises to 67% for mothers on zero-hours contracts;
- 76% say they have missed out on a planned family or social event due to needing to work.
Technology: UK signs first legally binding international treaty on AI risks
On 5 September, the UK government signed the first legally-binding international treaty addressing the risks of AI. The new framework agreed by the Council of Europe commits parties to collective action to manage AI products and protect the public from potential misuse. The treaty aims to strengthen safeguards against potential threats to human rights, democracy, and the rule of law posed by AI. It commits parties to collective action to manage AI products and protect the public from potential misuse. It will ensure countries monitor AI development and that the technology is managed within strict parameters. The government will work with regulators, devolved administrations, and local authorities to implement the treaty’s requirements once ratified. This could include strengthening the Online Safety Act 2023.
Discrimination: EHRC action plan sets out steps Pontins must take to address its discriminatory policies
The Equality and Human Rights Commission (EHRC) has developed an action plan to tackle discrimination endured by Irish Travellers at holiday park operator Pontins. Pontins have already issued a formal apology to the Irish Traveller community it discriminated against, the first step in the action plan, and have also agreed to introduce a zero-tolerance approach to discrimination, the permanent removal of the electoral roll terms, a whistleblowing action plan to strengthen protection for whistleblowers, and safeguards in systems and processes. The EHRC will monitor the implementation of the action plan.
The EHRC first started investigating Pontins in February 2024, and later served Pontins with an unlawful act notice. The investigation uncovered company systems and practices aimed at banning Irish Travellers from their holiday parks between 2013 and 2018.
The EHRC’s investigation found 11 unlawful acts committed by Pontins which discriminated against Irish Travellers. These included:
- refusing or cancelling any bookings that were made by people with an Irish accent or surname,
- a list of Irish surnames, published on its intranet page, titled ‘undesirable guests’. Staff at Pontins were then required to block any potential customers with those names from booking, and
- introducing an electoral roll requirement in its booking terms and conditions as a disguised form of discrimination against the Traveller community.
Disability: EHRC publishes new guidance for employers supporting disabled staff with hybrid working
The Equality and Human Rights Commission (EHRC) has published new guidance to help small and medium sized employers understand their legal obligations and the practical steps they can take to best support disabled employees with hybrid working.
The Equality Act 2010 places a duty on employers to make reasonable adjustments, meaning they must take steps to remove, reduce or prevent obstacles a disabled worker faces. Making these adjustments creates environments where staff can perform more effectively and achieve their full potential. Poorly implemented hybrid working arrangements can create difficulties for disabled staff, including isolating them from colleagues, preventing access to necessary support or equipment, and creating a culture that lacks inclusion.
This guidance is designed for small and medium sized employers so they can support disabled staff with reasonable adjustments and help their employees to thrive when hybrid working. It provides practical tips for what employers can do, such as the usage of workplace assessment tools to help identify technology that can help disabled employees who work flexibly, and the how providing specialised desks can minimise discomfort for staff with musculoskeletal conditions.
The EHRC’s guidance, which covers recruitment and all stages of employment, explains the law for employers and provides conversation prompts to ensure managers foster a culture where reasonable adjustments can be discussed openly. It also provides practical tips, conversation prompts (to ensure managers foster a culture where reasonable adjustments can be discussed openly), questions and case study examples.
The guidance can be accessed here.
Statutory Pay: New Neonatal Care Leave and Pay to apply from April 2025
From April 2025 HMRC will be introducing a new statutory allowance — Statutory Neonatal Care Leave and Pay (SNCP) on behalf of the Department for Business and Trade (DBT).
HMRC understands that there will be circumstances where a baby is born prematurely and poorly and may then receive neonatal care in hospital. In some cases, this care may need to last for a prolonged period of time. SNCP therefore looks to reduce some of the burden on new parents who may have to return to their workplace at a time when their baby is still receiving hospital care.
This new statutory allowance:
- is going to be paid to those qualifying parents who have a child that requires neonatal care in the first 28 days following the birth of that child
- can be paid for a maximum period of 12 weeks but it can be claimed flexibly dependent upon individual parental circumstances
SNCP will give such parents the option to:
- take up to 12 weeks of paid leave;
- take SNCP in addition to other leave entitlements currently in operation such as statutory maternity or paternity leave;
- afford them the ability to find, and spend, more time with their baby in neonatal care at what is most probably a time of great stress.
SNCP is expected to broadly follow the same administration process as other existing statutory payments such as Statutory Parental Bereavement Pay & Leave (SPBP).
And finally …
The Employment Rights Bill, which will contain the new government’s legislative and other proposals contained in the King’s Speech delivered on 17 July 2024, was promised to be introduced within 100 days of entering office. That will take us to 12 October 2024. We therefore look forward to an interesting October of proposed changes to the Employment Law world.
Further Information:
If you would like any additional information, please contact Anne-Marie Pavitt or Sophie Banks on: hello@dixcartuk.com
