Welcome July!
We are well into ‘summer’! We have been just as busy these past few months since our last newsletter, working with various businesses. In April this year there was some substantial legislative changes with the introduction of Carers Leave, changes to paternity leave and more widely known, changes to flexible working. Therefore, we have been reviewing handbook and policies to reflect these new changes.
We reached out to everyone in preparation but perhaps you were busy and missed us checking in? Please do get in touch in you need your policies, handbooks and contracts updated.
F&B HR are committed to bringing you the latest updates, insights, and resources to help you stay ahead in the dynamic world of people!
Welcome July!
We are well into ‘summer’! We have been just as busy these past few months since our last newsletter, working with various businesses. In April this year there was some substantial legislative changes with the introduction of Carers Leave, changes to paternity leave and more widely known, changes to flexible working. Therefore, we have been reviewing handbook and policies to reflect these new changes.
We reached out to everyone in preparation but perhaps you were busy and missed us checking in? Please do get in touch in you need your policies, handbooks and contracts updated.
F&B HR are committed to bringing you the latest updates, insights, and resources to help you stay ahead in the dynamic world of people!
General Election 2024
Based on its manifesto pledges, Labour intends to bring in the following changes to employment law now that it has won the general election.
- Give employees protection against unfair dismissal from day one of employment. This could impact contractual clauses and policies relating to disciplinary and capability processes.
- Remove National Minimum Wage age-related bandings. This will place pressure on a lot of small businesses but also the care sector as this is also likely to apply for travel for mobile workers (carers) and for sleep in shifts.
- Require employers to provide self-employed people with a written contract. This is a first as they haven’t been a legal entitlement before. This will benefit self-employed contractors/freelancers as it will have greater power when they are to be paid.
- Make employers include a clause covering the ability to join a union in employees’ written statement of main terms. Currently, a contract will normally have a ‘collective agreement’ clause, but this is likely to be expressed in greater detail.
- Increase the amount of Statutory Sick Pay and make more people eligible to receive it. This will help those that receive earning below the qualifying threshold.
- Make flexible working the default for all workers from day one except where it is not reasonably feasible. In April 2024, the right to make a flexible working request was extended so that these can be made from day one of employment. There may be greater flexibility required from employers.
- Ban exploitative zero-hours contracts. This is to ensure that employers are treating people fairly and has been derived from the various cases in hospitality and couriers (Deliveroo, Just Eat, Uber etc).
- Strengthen “fire and re-hire” (dismissing an employee to enforce a change to their employment terms and re-engaging them on the new terms) laws. This particular process has always been risky with potential claims for unfair dismissal, but new rules are expected to increase that risk.
- Give those with an employment status of “worker” the same employment rights as “employees”, including parental leave and protection against unfair dismissal. There are still a lot of companies that have zero-hour workers/workers but actually, they are working regular hours and there is no substantial difference between them and employees. This is to protect those rights.
- Provide employees with the right to disconnect, preventing employers from contacting them outside of working hours. This could also impact any policies on social media use, mobile phones, data protection.
- Remove laws limiting the impact of industrial action – meaning the impact of teacher strikes/transport strikes could be greater.
- Require larger businesses to have a menopause action plan and report on both their disability and ethnicity pay gaps.
The timeline
Labour was elected on 4th July 2024 and the State opening of Parliament is 17th July 2024. Their 100 days takes us up to 25th October 2024 and that’s when they will have introduced new laws to Parliament. Still to come is the finalisation and implementation of those new laws, the changes to contracts and policies.
What will employers need to do?
To be compliant, contracts and policies will need to be reviewed (even those that were only introduced or amended in April this year), new policies will need to be introduced, employers and managers will need to understand the impact that these will all have on their business, and they need to train any line managers to confidently understand the new laws.
How will F&B HR support you?
We will continue to update you and let you know how your business will be impacted. We will make any necessary changes and ensure that we have you covered!
General Election 2024
Based on its manifesto pledges, Labour intends to bring in the following changes to employment law now that it has won the general election.
- Give employees protection against unfair dismissal from day one of employment. This could impact contractual clauses and policies relating to disciplinary and capability processes.
- Remove National Minimum Wage age-related bandings. This will place pressure on a lot of small businesses but also the care sector as this is also likely to apply for travel for mobile workers (carers) and for sleep in shifts.
- Require employers to provide self-employed people with a written contract. This is a first as they haven’t been a legal entitlement before. This will benefit self-employed contractors/freelancers as it will have greater power when they are to be paid.
- Make employers include a clause covering the ability to join a union in employees’ written statement of main terms. Currently, a contract will normally have a ‘collective agreement’ clause, but this is likely to be expressed in greater detail.
- Increase the amount of Statutory Sick Pay and make more people eligible to receive it. This will help those that receive earning below the qualifying threshold.
- Make flexible working the default for all workers from day one except where it is not reasonably feasible. In April 2024, the right to make a flexible working request was extended so that these can be made from day one of employment. There may be greater flexibility required from employers.
- Ban exploitative zero-hours contracts. This is to ensure that employers are treating people fairly and has been derived from the various cases in hospitality and couriers (Deliveroo, Just Eat, Uber etc).
- Strengthen “fire and re-hire” (dismissing an employee to enforce a change to their employment terms and re-engaging them on the new terms) laws. This particular process has always been risky with potential claims for unfair dismissal, but new rules are expected to increase that risk.
- Give those with an employment status of “worker” the same employment rights as “employees”, including parental leave and protection against unfair dismissal. There are still a lot of companies that have zero-hour workers/workers but actually, they are working regular hours and there is no substantial difference between them and employees. This is to protect those rights.
- Provide employees with the right to disconnect, preventing employers from contacting them outside of working hours. This could also impact any policies on social media use, mobile phones, data protection.
- Remove laws limiting the impact of industrial action – meaning the impact of teacher strikes/transport strikes could be greater.
- Require larger businesses to have a menopause action plan and report on both their disability and ethnicity pay gaps.
The timeline
Labour was elected on 4th July 2024 and the State opening of Parliament is 17th July 2024. Their 100 days takes us up to 25th October 2024 and that’s when they will have introduced new laws to Parliament. Still to come is the finalisation and implementation of those new laws, the changes to contracts and policies.
What will employers need to do?
To be compliant, contracts and policies will need to be reviewed (even those that were only introduced or amended in April this year), new policies will need to be introduced, employers and managers will need to understand the impact that these will all have on their business, and they need to train any line managers to confidently understand the new laws.
How will F&B HR support you?
We will continue to update you and let you know how your business will be impacted. We will make any necessary changes and ensure that we have you covered!
What’s next for F&B HR?
New member of the team –We are really pleased to introduce Jennie Britten to the F&B HR family. Jen has been working as a freelance HR consultant for the past year and decided to join forces with F&B HR. Jen said, “I am really looking forward to being part of F&B HR and continue the excellent work Nicola has achieved over the past 18 months building up the business. I have a wealth of HR knowledge and experience that I am bringing to F&B HR.”
We are really pleased to have Jen on board and watch out for more on our socials about our continued success.
Training – we are lucky enough to have had some great feedback on the bitesize training sessions we delivered over the year to date so we will continue with these as well as develop more subjects that cover the employment life cycle. They will continue to be bite sized of around an hour so that it’s not taking up too much of your time. They will also act as a refresher for any skills or knowledge that you may have applied before but just needed that sense check, before you take any action. These are perfect for any new managers you may have recruited or promoted.
Upcoming Training Courses
10th July 2024 – Managing Disciplinaries and Capability Concerns Book Tickets here!
4th September 2024 – Appraisals and Managing Performance and Objectives Setting Book Tickets here!
9th October 2024 – Grievance Management Book Tickets here!
Retained packages – as per our last newsletter, we have also had a few businesses ask about retained packages, which we do provide to businesses. One of our recent retained clients said, “it is great to be working with F&B HR. Having that peace of mind that we have the HR advice and support readily available to us is just fantastic”.
We tailor make our services as not all businesses that we partner with, are looking for the same service. Some businesses ask to buy a certain amount of time from us either per week or per month or some want a selection of services over a course of 12 months. Whatever you’re looking for, we can help.
Referrals – most of the businesses we work with have been through referrals (proud moment!). We ask those that we work with to leave a Google review for us, and you can do so here: Leave us a review
We have also promised that if a Company refers us to another, we will make a charitable donation to the charity that the referrer chooses. Community is really important to F&B HR so we are committing to that and as we grow, so will the work and support we provide within our community.
What’s next for F&B HR?
New member of the team –We are really pleased to introduce Jennie Britten to the F&B HR family. Jen has been working as a freelance HR consultant for the past year and decided to join forces with F&B HR. Jen said, “I am really looking forward to being part of F&B HR and continue the excellent work Nicola has achieved over the past 18 months building up the business. I have a wealth of HR knowledge and experience that I am bringing to F&B HR.”
We are really pleased to have Jen on board and watch out for more on our socials about our continued success.
Training – we are lucky enough to have had some great feedback on the bitesize training sessions we delivered over the year to date so we will continue with these as well as develop more subjects that cover the employment life cycle. They will continue to be bite sized of around an hour so that it’s not taking up too much of your time. They will also act as a refresher for any skills or knowledge that you may have applied before but just needed that sense check, before you take any action. These are perfect for any new managers you may have recruited or promoted.
Upcoming Training Courses
10th July 2024 – Managing Disciplinaries and Capability Concerns Book Tickets here!
4th September 2024 – Appraisals and Managing Performance and Objectives Setting Book Tickets here!
9th October 2024 – Grievance Management Book Tickets here!
Retained packages – as per our last newsletter, we have also had a few businesses ask about retained packages, which we do provide to businesses. One of our recent retained clients said, “it is great to be working with F&B HR. Having that peace of mind that we have the HR advice and support readily available to us is just fantastic”.
We tailor make our services as not all businesses that we partner with, are looking for the same service. Some businesses ask to buy a certain amount of time from us either per week or per month or some want a selection of services over a course of 12 months. Whatever you’re looking for, we can help.
Referrals – most of the businesses we work with have been through referrals (proud moment!). We ask those that we work with to leave a Google review for us, and you can do so here: Leave us a review
We have also promised that if a Company refers us to another, we will make a charitable donation to the charity that the referrer chooses. Community is really important to F&B HR so we are committing to that and as we grow, so will the work and support we provide within our community.
Summer Time
Summer is in full swing right now and we are busy planning our summer holidays. Below we discuss all things summer including, holiday planning, hiring tips and keeping employees engaged during those long hot summer months.
Summer Hiring Tips
As businesses ramp up for the summer season, we understand the challenges of hiring the right talent. Check out our top tips for successful summer hiring:
- Plan ahead and start recruiting early to secure top candidates.
- Utilise social media and online platforms for a broader reach.
- Offer flexible work options to attract a diverse pool of candidates.
- Streamline your hiring process to ensure a smooth and efficient experience for applicants. Add interview dates on recruitment advertisements, to ensure availability for candidates.
Employee Engagement Ideas
Keeping employees engaged during the summer months is crucial for productivity and morale. Here are some fun ideas to boost employee engagement:
- Organise outdoor team-building activities or picnics.
- Implement a wellness program focusing on mental and physical health.
- Recognise and reward outstanding performance with incentives or bonuses.
- Encourage open communication and feedback through regular check-ins.
Holiday Planning
The holiday season can cause delays and difficulties at work, if you have not planned for them. There will of course, be circumstances when absence is unplanned and not expected but planning is essential for your business.
Some of the benefits of holiday planning ensures continuity of operations. Therefore, not affecting your services to your clients or customers. Planning allows for proper delegation of duties and responsibilities. It may be some additional training is required before the employee departs for their summer break and that you make sufficient time to plan for that all important handover, but this will mean that you are planning ahead and will not disrupt your business operation.
Who doesn’t want a better work/life balance? Employees need to have a break to refresh and recharge their batteries (and this is likely to become law – see above). Allowing employees to have a well-earned rest from work where you have planned the resources around them means reduced stress for managers and staff especially as employees know their job is still being done whilst they are off.
Luckily for you, as we operate flexibly, we cover holiday for those in HR and for those SME’s owners that don’t always want projects to come to a standstill whilst they are enjoying their well-earned time off. Get in touch to see how we can help you.
Summer Time
Summer is in full swing right now and we are busy planning our summer holidays. Below we discuss all things summer including, holiday planning, hiring tips and keeping employees engaged during those long hot summer months.
Summer Hiring Tips
As businesses ramp up for the summer season, we understand the challenges of hiring the right talent. Check out our top tips for successful summer hiring:
- Plan ahead and start recruiting early to secure top candidates.
- Utilise social media and online platforms for a broader reach.
- Offer flexible work options to attract a diverse pool of candidates.
- Streamline your hiring process to ensure a smooth and efficient experience for applicants. Add interview dates on recruitment advertisements, to ensure availability for candidates.
Employee Engagement Ideas
Keeping employees engaged during the summer months is crucial for productivity and morale. Here are some fun ideas to boost employee engagement:
- Organise outdoor team-building activities or picnics.
- Implement a wellness program focusing on mental and physical health.
- Recognise and reward outstanding performance with incentives or bonuses.
- Encourage open communication and feedback through regular check-ins.
Holiday Planning
The holiday season can cause delays and difficulties at work, if you have not planned for them. There will of course, be circumstances when absence is unplanned and not expected but planning is essential for your business.
Some of the benefits of holiday planning ensures continuity of operations. Therefore, not affecting your services to your clients or customers. Planning allows for proper delegation of duties and responsibilities. It may be some additional training is required before the employee departs for their summer break and that you make sufficient time to plan for that all important handover, but this will mean that you are planning ahead and will not disrupt your business operation.
Who doesn’t want a better work/life balance? Employees need to have a break to refresh and recharge their batteries (and this is likely to become law – see above). Allowing employees to have a well-earned rest from work where you have planned the resources around them means reduced stress for managers and staff especially as employees know their job is still being done whilst they are off.
Luckily for you, as we operate flexibly, we cover holiday for those in HR and for those SME’s owners that don’t always want projects to come to a standstill whilst they are enjoying their well-earned time off. Get in touch to see how we can help you.
In focus – Unpaid Holiday
In this case on unpaid holiday pay, that went as far as the European Court of Justice (ECJ), it was held that where holiday has not been taken because the worker was not permitted to do so, then this holiday will carry over indefinitely, even where the leave was not given because the employer wrongly believed the individual was not legally a worker.
King, a salesman, was paid on a commission-only basis, and received no payment when he took leave, even though he was entitled to statutory paid leave as a ‘worker’. He maintained that he did not take his full holiday entitlement because of this and made a claim for unlawful deduction of wages for 24 weeks’ holiday pay, for leave which he had not requested, between 1999 and 2012.
An employment tribunal decided he was entitled to pay in lieu of the accrued leave, and the Employment Appeals Tribunal agreed that the principle that allowed leave untaken because of sickness to be carried over until a later date, or paid in lieu, could also apply in these circumstances. However, the Employment Appeals Tribunal overturned the tribunal’s decision on the basis that the claim should have been for breach of the working time regulations, rather than an unlawful deduction, and so was out of time (claims must be brought within three months of the deduction or the last in a series of deductions).
This decision was appealed, and the case was taken to the European Court of Justice where it was decided workers are entitled to carry over and accumulate their accrued but untaken holiday where the organisation doesn’t allow the worker to exercise their right to paid leave.
This case has implications for any employers who make use primarily of ‘workers’, such as those operating in the ‘gig economy’. Where such workers are not permitted to take annual leave (usually because they have been wrongly designated as self-employed), then the four-week portion that is given under the WTD and regulation 13 of the Working Time Regulations 1998 can be carried over indefinitely and should be paid to the worker on termination of the employment.
In focus – Unpaid Holiday
In this case on unpaid holiday pay, that went as far as the European Court of Justice (ECJ), it was held that where holiday has not been taken because the worker was not permitted to do so, then this holiday will carry over indefinitely, even where the leave was not given because the employer wrongly believed the individual was not legally a worker.
King, a salesman, was paid on a commission-only basis, and received no payment when he took leave, even though he was entitled to statutory paid leave as a ‘worker’. He maintained that he did not take his full holiday entitlement because of this and made a claim for unlawful deduction of wages for 24 weeks’ holiday pay, for leave which he had not requested, between 1999 and 2012.
An employment tribunal decided he was entitled to pay in lieu of the accrued leave, and the Employment Appeals Tribunal agreed that the principle that allowed leave untaken because of sickness to be carried over until a later date, or paid in lieu, could also apply in these circumstances. However, the Employment Appeals Tribunal overturned the tribunal’s decision on the basis that the claim should have been for breach of the working time regulations, rather than an unlawful deduction, and so was out of time (claims must be brought within three months of the deduction or the last in a series of deductions).
This decision was appealed, and the case was taken to the European Court of Justice where it was decided workers are entitled to carry over and accumulate their accrued but untaken holiday where the organisation doesn’t allow the worker to exercise their right to paid leave.
This case has implications for any employers who make use primarily of ‘workers’, such as those operating in the ‘gig economy’. Where such workers are not permitted to take annual leave (usually because they have been wrongly designated as self-employed), then the four-week portion that is given under the WTD and regulation 13 of the Working Time Regulations 1998 can be carried over indefinitely and should be paid to the worker on termination of the employment.
Blogs
We are writing blogs on a variety of topics including how can HR lead the change which you can find here: Our Latest Blogs
If you would like us to cover a specific topic then do let us know.
Connect with Us
Follow us on social media for the latest updates, tips, and industry news. We’re here to help you navigate the dynamic world of HR with confidence and success.
Get in Touch
If you need any people advice please do get in touch with us!
Wishing you a productive and enjoyable summer season!
