The UK Government has introduced significant changes to neonatal care provisions, aimed at providing additional support to parents whose babies require extended hospital care after birth. These changes, set to take effect in April 2025, mark a significant step in improving family-friendly workplace rights and ensuring financial assistance during a critical time. The Neonatal Care (Leave and Pay) Act 2023 underpins these reforms, establishing new statutory entitlements for eligible parents.

Key Changes to Neonatal Care Leave and Pay

One of the most impactful changes introduced by the Neonatal Care (Leave and Pay) Act 2023 is the provision of neonatal care leave. This new right grants eligible employed parents up to 12 weeks of additional leave if their baby requires neonatal care. This leave is in addition to existing entitlements such as maternity, paternity, adoption, or shared parental leave. The aim is to alleviate the burden on parents who need to spend extended time in hospital with their newborns.

Eligibility Criteria:

To qualify for neonatal care leave, a baby must be admitted to hospital within the first 28 days of birth and must remain in care for at least seven consecutive full days. Parents eligible for leave include birth parents, adoptive parents, and those in surrogacy arrangements.

Neonatal Care Pay

Employees who meet specific eligibility requirements will also be entitled to neonatal care pay. To qualify, an employee must have completed at least 26 weeks of continuous service with their employer and meet the minimum earnings threshold. The statutory neonatal care pay rate will be £187.18 per week or 90% of the employee's average weekly earnings (whichever is lower).

Implementation Timeline

The changes introduced by the Neonatal Care (Leave and Pay) Act 2023 will come into force on 6 April 2025. The new rights will apply across England, Scotland, and Wales. Employers are expected to update their policies and procedures accordingly before this date to ensure compliance with the new legislation.

Employment Protections

The new law ensures that employees taking neonatal care leave are protected from discrimination, unfair treatment, or dismissal as a result of taking this leave. These protections align with existing rights granted under other family-related leave policies.

Conclusion

The introduction of the Neonatal Care (Leave and Pay) Act 2023 represents a significant step towards improving support for families during challenging times. By providing additional leave and financial assistance, the UK government aims to reduce the stress faced by parents with babies requiring neonatal care. As the April 2025 implementation date approaches, both employees and employers should prepare to embrace these positive changes that prioritise family well-being and workplace support.

If you have any questions or need further guidance on implementing these changes, please don’t hesitate to contact us at hr@skaltd.co.uk 

Creating an inclusive and supportive workplace isn’t just good practice - it’s a legal responsibility.

The Equality Act 2010 is the foundation of UK employment law when it comes to preventing discrimination and ensuring equal opportunities. A key element of this law is the duty to make reasonable adjustments for employees with disabilities; we look at what this means within the workplace.

What are ‘reasonable adjustments’?

A reasonable adjustment is a change that removes barriers preventing a disabled employee or job applicant from working effectively. These adjustments ensure that disabled individuals aren’t at a disadvantage compared to non-disabled colleagues.

What counts as a reasonable adjustment?

Reasonable adjustments don’t have to be expensive structural alterations; sometimes even a simple change can make a difference. Examples include:

• Workplace modifications: installing ramps, adjusting desk heights, or improving lighting for visually impaired employees.
• Flexible working arrangements: allowing remote work, adjusting shifts, or modifying job duties to accommodate an employee’s condition.
• Supportive tools and services: providing assistive technology, sign language interpreters, or extra time for tasks.

Am I legally required to make adjustments?

Employers are legally required to consider adjustments when:

• A workplace rule or practice puts a disabled employee at a disadvantage: for example, strict start times may be difficult for someone with a medical condition requiring frequent treatment.
• A physical feature of the workplace creates a barrier: such as a lack of wheelchair access or inadequate restroom facilities.
• An employee requires additional support to do their job effectively: perhaps someone with a motor impairment might need a specialist keyboard.

What’s counts as 'reasonable'?

Not all requests for adjustments will be considered reasonable, and employers must strike a balance between supporting employees and maintaining business operations. Factors to consider include:

• Company size and resources: larger businesses may be expected to make more significant adjustments than smaller ones.
• Effectiveness of the adjustment: the change should help the employee without placing excessive strain on the company.
• Feasibility and cost: some adjustments may require investment, but grants such as Access to Work can help fund workplace adaptations.

What are the risks of not making reasonable adjustments?

Failing to make reasonable adjustments isn’t just bad for morale; it can lead to legal action for disability discrimination. Unlike unfair dismissal claims, disability discrimination cases don’t require a minimum length of service, and compensation awards can be unlimited - including for emotional distress.

Beyond the legal risks, failing to accommodate employees can damage a company’s reputation and impact employee retention and engagement. Conversely, by understanding and implementing reasonable adjustments, employers can build a workplace where everyone can thrive while staying compliant with the law.

What is best practice for an employer?

• Be proactive: regularly assess your workplace for potential barriers.
• Encourage open conversations: employees should feel comfortable discussing their needs.
• Work collaboratively: engage with employees to find solutions together.
• Keep records: document discussions, decisions, and any adjustments made.
• Seek expert advice: HR professionals and occupational health specialists can provide valuable guidance.

The duty to make reasonable adjustments isn’t just about ticking a compliance box - it’s about creating a workplace where everyone can contribute and succeed. By embedding inclusivity into workplace culture, businesses enhance employee well-being, improve retention, and build a positive reputation.

Remember, a fair and supportive workplace isn’t just a legal requirement; it’s a business advantage.

Contact us at HR@skaltd.co.uk or call 01427 420 403 and #oneoftheteam will be able to help.

From 26 October 2024, employers have a new legal duty to take “reasonable steps” to prevent sexual harassment in the course of employment.

Sexual harassment can be a criminal offence, so it is extremely important that employers handle complaints in the appropriate manner.

What is sexual harassment?

The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

Employers’ obligations

Under the Act, employers have a legal obligation to take reasonable steps to prevent the sexual harassment of their workers, not only from their own workers but also third parties which workers may encounter in the course of their employment with you. No employer is exempt from this obligation.

If employers do not comply with their legal obligations, they are acting unlawfully and face potential claims from workers as well as enforcement action.

What action must employers take?

The Equality and Human Rights Commission has provided an 8-step guide for employers which we have summarised below. Whilst this guide is not legally binding, it is likely to be referred to by the employment tribunal when considering whether an employer has met its legal obligations.

A full copy of the guide is available at EHRC publishes updated workplace sexual harassment guidance ahead of change to law | EHRC (equalityhumanrights.com).

Step 1: Develop an effective Anti-Harassment Policy

If you are a Stallard Kane client, you will already have an Anti-Harassment and Equal Opportunities Policy in place. We are now able to provide a new sexual harassment policy to complement these and address the specific requirements of the Guide.

If you are not a Stallard Kane client and would like support with your Anti-Harassment policy, including a sexual harassment policy, please contact our team at hr@skaltd.co.uk

Step 2: Engage workers

Encourage regular engagement with workers, for example by holding appraisal and review meetings, and exit interviews. This will be an opportunity for the Company to consider whether the current processes are working and remind workers of the Sexual Harassment Policy.

Step 3: Assess and take reasonable steps to reduce risk in your workplace

Risk assessments will help comply with legal obligations. A risk assessment should consider a number of factors to prevent sexual harassment, such as power imbalances, a lack of diversity, lone working, customer-facing workers, worker social events, and workplace “banter” culture. This is not an exhaustive list, and employers should consider all potential risks and steps that could be taken to minimise them.

As there are many permutations in workplaces, it is important to consult with and take a collaborative approach with your Human Resources and Health and Safety Consultants at Stallard Kane.

Step 4: Reporting

Your Sexual Harassment Policy will set out how issues should be reported but also consider a reporting system that allows workers to raise issues.

You should also keep a centralised and confidential record of any concerns that are raised.

Step 5: Training

Workers should be trained on what sexual harassment is, what to do if they experience or witness sexual harassment and how to handle any complaints of sexual harassment.

You should review the effectiveness of any training offered and offer refresher training regularly.

Our eLearning Platform can provide online training to help organisations effectively understand and implement the latest legislation regarding the prevention of harassment, with a particular focus on sexual harassment in the workplace. Further information on our eLearning platform is available here. If you would like to discuss this training further, contact our team at training@skaltd.co.uk

Step 6: Reacting to a Sexual Harassment Complaint

Employers should act immediately to address the complaint when made, taking into consideration how the individual raising the complaint wants it to be resolved.

It is crucial that employers react in an appropriate way to sexual harassment complaints ensuring the correct processes are followed to protect all parties involved. Employers are therefore urged to contact their HR Consultant immediately and consult closely with them to ensure the right steps are taken throughout the management of the issue.

Step 7: Harassment by third parties

Employers are not only required to take preventative measures concerning their own workers, but also from third parties with whom workers encounter in the course of their employment such as customers and suppliers. It is important concerns from third parties are treated as sensitively as those involving colleagues.

Consider preventative steps to prevent this type of harassment, such as risk assessing high-risk workplaces where, for example, workers may be left alone with third parties.

Step 8: Monitor and evaluate your actions

Whilst we will work to keep your supporting paperwork up to date, it is important that employers continuously evaluate the effectiveness of the steps in place to prevent sexual harassment in the course of employment, being sure to implement changes that are identified.

The above is a snapshot of the detailed guidance employers must follow to prevent sexual harassment in the workplace.

All employers need to familiarise themselves fully with the legal obligations and consult with their HR and Health and Safety Consultants to ensure these obligations are met.

Contact the HR Team, or your dedicated advisor, to learn more about your responsibilities and how we can support your business through this change.

We're here to help you navigate these changes with confidence.

The Government presented an Employment Rights Bill on 10^th October 2024 unveiling plans to significantly reform employment practices.

Before we discuss these changes and how they could impact your business, we must highlight that the points discussed are not current legal changes. 

A Bill is a proposal to change an existing law or create a law that must pass through various stages before it becomes law. This can take around 18 months and the proposal can vary several times between a Bill and becoming Legislation that must be followed.

What are the key points of the proposed Employment Rights Bill?

• Protection from Unfair Dismissal: Presently an employee must have been employed for at least two years to pursue an “ordinary” claim of unfair dismissal against a company before the employment tribunal. The Bill proposes to give employees this a day one right. 

There is an indication that this reform will not take place until Autumn 2026.

• Probation Periods: Currently there are no laws dictating the duration of a probation period. The Bill proposes setting a statutory probation period for new workers. 

• Statutory Sick Pay: Presently a worker must earn a lower earnings limit to and be off sick for 3 qualifying days before being entitled to SSP. The Bill proposes to remove the lower earnings limit for all workers reduce the waiting period before being eligible for SSP. 

• Zero-Hour Contracts: Put an end to zero-hour contracts, unless employees request them. 

• Fire and Rehire Practices: Put measures in place to end these types of practices.

• Parental Rights: To be strengthened and made available as a day one right, removing a requirement of continuous employment before an employee is eligible. Further, enhanced protection against dismissal will be strengthened for pregnant women and new mothers.

• Bereavement Leave: To set a clear standard for employers by establishing a new right to bereavement leave.

• Flexible Working: To become the default, unless the employer can show it is not reasonable. 

• Sexual Harassment: Employers to take “all reasonable steps” to prevent sexual harassment of workers, this is further than the existing requirement to take “reasonable steps”. 

• A Fair Work Agency: Shall be created to enforce rights such as holiday pay and supporting employers. 

• Equal Pay: Large employers will be required to create action plans on addressing gender pay gaps and the Government will review of the application of the National Minimum Wage.

These are just some key features of the proposals under the Employment Rights Bill and other measures such as a right to “switch off and a move towards a single status of worker are also under review for reform. 

Presently, the provisions of the Employment Rights Bill are not in force and you are not required to change your workplace practices. We share this information at this time to keep you informed of potential changes to support with future planning within your business. 

We will keep you updated about any changes that may affect your business. If you have any questions, please contact your HR Consultant at Stallard Kane. If you want to discuss your HR and Employment Law needs, please email us at hr@skaltd.co.uk, and one of our team members will get in touch with you.

The Workers (Predictable Terms and Conditions Act) 2023 is a landmark legislation aimed at enhancing job security and work-life balance for employees. The Act mandates employers to provide clearer and more predictable terms and conditions of employment, thereby reducing uncertainty and fostering a more stable working environment.

Key Provisions

1. Advance Notice of Work Schedules: Employers are required to give employees a minimum of two weeks' notice regarding their work schedules. This measure allows employees to better manage their personal and professional commitments.
   
2. Compensation for Schedule Changes: If employers alter a worker’s schedule with less than the mandated notice period, they must provide additional compensation. This provision seeks to disincentivise last-minute changes and compensate workers for any inconvenience caused.
   
3. Right to Request Flexible Working Arrangements: Employees now have the right to request changes to their working hours, patterns, or locations. Employers must consider these requests and can only refuse them on reasonable business grounds.
   
4. Enhanced Transparency: Employers must furnish detailed written statements of employment particulars to new hires within the first week of employment. This statement includes job description, working hours, pay, and other key terms.
   
5. Protections for Part Time and Temporary Workers: The Act extends several protections to part-timeand temporary workers, ensuring they receive similar terms and conditions to their full-timecounterparts when performing comparable duties.
   
6. Limitations on On-Call Scheduling: The Act restricts the use of on-call scheduling practices, which often leave workers uncertain about their hours and income.

Implications for Employers

Employers must adjust their HR policies to comply with the new requirements. This involves updating employment contracts, improving communication channels for schedule changes, and considering employee requests for flexible work arrangements more seriously. Non-compliance could result in legal challenges and financial penalties.

Benefits for Employees

For workers, this Act promises greater job stability and the ability to plan their lives with more certainty. It aims to create a fairer workplace where employees are better informed about their terms of employment and can expect a more consistent and predictable working environment.

Conclusion

The Workers (Predictable Terms and Conditions) Act 2023 represents a significant shift towards more employee-centric labour laws. By prioritising predictability and transparency, it seeks to balance the needs of employers with the rights of workers, creating a more equitable and stable job market.

For additional information or support, please do not hesitate to contact us at HR@skaltd.co.uk or call 01427 420 404 and #oneoftheteam will be happy to help.

The legislation surrounding parents’ protection from redundancy changed on 6th April 2024. We look at what you need to know. 

What has changed?

If an employee takes Maternity Leave, Adoption Leave or Shared Paternity Leave they have a protected right from redundancy, plus the right to be offered first refusal of any suitable alternative vacancies a company may have during a redundancy consultation process. 

Before 6th April 2024, employees were protected from the start of their leave (or placement of child) until the end of their leave period. However, this new legislation extends the employees’ protected period should they take the above leave to up to 18 months after the child has been born (or the adoption placement has begun). 

This would mean employees would still have a period of protection when they return to work after their period of ‘family-friendly’ leave.

What do I need to do?

It is vital companies have accurate records of employees’ leave that can be reviewed when required. 

If your company is considering redundancies and instigating a redundancy consultation, you should ensure that the criteria for a fair redundancy process are being met. The first step includes providing a clear and fair reason for redundancy, such as the company is having financial difficulties, there has been a serious downturn in work or there is a reduced need for employees doing work of a particular kind. 

The second part is understanding which roles are at risk of being made redundant whilst also identifying whether any other employee completes similar work or uses similar skills, as there is potential that these employees would need to be included in the redundancy process as well.

Looking at the above, when you have established which roles are at risk and how many roles need to be reduced, you must then follow a redundancy consultation process. Each employee must be reviewed to consider whether the current protection period would still apply and whether additional measures need to be taken.

If these employees are not given first refusal of any potential alternative roles, your company may be at risk of potential claims of unfair dismissal and discrimination before an employment tribunal.

As always, should you need review a redundancy process you are advised to contact your HR Advisor from Stallard Kane to review the details and work closely with them to ensure the correct procedure is followed throughout.

For additional information or support, please do not hesitate to contact us at HR@skaltd.co.uk or call 01427 420 404 and #oneoftheteam will be happy to help.

The National Minimum wage came into effect with the implementation of the National Minimum Wage Act 1998, with the aim of reducing ‘poverty pay’ and the income gap between the low-paid and other workers.

What is the National Minimum Wage?

The National Minimum Wage is the minimum pay workers are entitled to receive per hour.

What do I need to do?

As an employer, you must be aware of the NMW rates and ensure you are paying your employees according to their age and employment status. This may also require you to review the salary rates for those on salaried contracts.

This year sees the government make the largest ever cash increase to the minimum wage. This increase comes partly as a reaction to the current cost-of-living crisis, which has seen inflation peak at 11.1% – the highest in 40 years.

What are the new National Minimum Wage rates of pay?

The rates recommended by the Low Pay Commission are set out below.

What happens if I don’t pay the National Minimum Wage?

If you, as an employer, fail to pay the national minimum wage then the employee has two options available to them; they can choose either to complain to HMRC or to make a claim via an employment tribunal. They cannot take the same issue through both legal processes.

How does the complaints process work?

If the employee chooses to make a complaint directly to HMRC, they will then start an investigation.

If HMRC finds that the employer has not paid the minimum wage, they can take the following action against the employer:

• issue a notice to pay money owed, going back a maximum of 6 years
• issue a fine of up to £20,000 and a minimum of £100 for each employee or worker affected, even if the underpayment is worth less
• take legal action, including criminal legal proceedings
• pass on the names of businesses and employers to the Department for Business and Trade (DBT) who may put them on a public list

What if the employee makes a claim to an employment tribunal?

The amount of money the employee or worker can claim will depend on the type of claim they make. For example, if they make a claim for non-payment of minimum wage, they can claim for money owed going back 2 years.

An employee can claim up to 2 years back pay, as long as either of the following criteria apply:

• there is less than 3 months between deductions
• the deductions are linked – for example, they might be linked if they are caused by the same error

For additional information or support, please do not hesitate to contact us at HR@skaltd.co.uk or call 01427 420 404 and #oneoftheteam will be happy to help.

The draft regulations for the Carer’s Leave Act 2023 were laid in Parliament on 11 December 2023; it has been confirmed that the new legislation will come into effect from 6 April 2024.

The draft regulations set out some important details about the Act:

• It will cover employees in England, Wales and Scotland.
• Only employees providing long term care will be entitled to the provision.
• An employee will be able to be take up to 1 week’s leave. The leave can be taken in half or full days, up to and including taking a block of a whole week of leave at once.
• An employee needs to provide the appropriate notice to take the leave; this is calculated as twice the length of leave taken, in advance of the earliest day of leave. (For example, a week’s leave would need to be booked two weeks in advance.) 
• An employee will not have to notify their employer in writing regarding their request to take Carer’s Leave, although they can do so if they wish. 

It is important to note that employees taking Carer’s Leave will have the same employment protections as associated with other forms of family-related leave. This includes protection from dismissal or detriment as a result of having taken the leave. 

Employers are not able to deny an employee’s request for Carer’s Leave but they can postpone it if they reasonably consider that the operation of the business would be unduly disrupted if the leave was approved. If the employer does postpone the leave they must provide a written counter notice within seven days of the request, explaining the reason for the postponement and offering revised dates that the employee can take the leave. The employee must be allowed to take the requested leave within a month of their original request.

An employee will be able to bring an employment tribunal claim if their employer has unreasonably postponed, prevented or attempted to prevent them from taking Carer’s Leave. A tribunal can then make a declaration and award the employee compensation. The amount of compensation is subject to what the tribunal considers “just and equitable”, taking into account the employer’s behaviour and any consequential loss sustained by the employee.

If you are an existing client of Stallard Kane we will now work with you to ensure the appropriate documentation is in place. Should you not be a client and would like further support, please get in touch. 

Each situation is unique, and we're here to provide tailored guidance for your specific needs. Contact hr@skaltd.co.uk and #oneoftheteam will be there to help. 

As part of several employment law updates anticipated throughout 2024, legislation surrounding paternity leave is expected to change from 6^th April. 

Paternity leave affects a father of a baby, a partner of a mother who is having a baby, a child’s adopter or an intended parent. 

• The person taking leave must be an employee of the business.
• The employee must notify the company of their intention to take paternity leave at least 15 weeks before the baby’s due date. 
• The employee must have worked for the company for 26 continuous weeks by the 15^th week before their baby’s expected due date.

Currently, employees can take either one or two weeks of paternity leave and leave must be taken in one block (meaning that leave cannot be split into two separate blocks of 1 week). 

Paternity leave must start after the birth of the baby and end within 56 days of the child’s birth and, should an employee wish to change the date of their paternity leave, they must tell their employer with a minimum of 28 days’ notice. 

Expected Changes from 6^th April 2024

From 6^th April 2024, employees who qualify for paternity leave will be entitled to split their leave into two blocks of one week. It is also anticipated that they will be entitled to take their paternity leave at any point within 52 weeks of their child’s birth, rather than the existing 56 days.  

Employees must still notify their employer of their intention to take paternity leave at least 15 weeks before the baby’s due date but will no longer have to provide specific leave dates so far in advance. Instead, employees will be required to provide just 28 days’ notice of the specific dates they wish to take each period off paternity leave. 

Policy Update

All HR clients of Stallard Kane will be provided with an updated paternity leave policy later this year.  

For additional information or support, please do not hesitate to contact us at HR@skaltd.co.uk or call 01427 420 404 and #oneoftheteam will be happy to help. 

You can also download our “Employment Law Update - Quick Reference Guide”, which provides an overview of the changes anticipated throughout 2024.