There is a lot changing in employment law, and for employers it can feel like there is an ever growing list of things to understand, update and prepare for.
The good news is that you do not have to tackle everything at once.
In our recent LinkedIn Live, Fiona McKee from The HR Practice talked through some of the key changes employers need to be aware of, what they mean in practice and, importantly, what businesses should be doing now.
You can watch the full conversation above, or keep reading for the key points: https://youtu.be/z2Y0xsHpEB8
Start with the areas that need your attention now
With changes relating to sexual harassment prevention, third party harassment, trade union information, right to work checks and unfair dismissal, there is plenty for employers to consider.
Fiona’s advice is not to panic and attempt to change everything overnight.
The priority is to understand what is changing, review your existing policies and processes, and make sure your managers know what will be expected of them.
Manager capability is going to be particularly important. A policy can set out what should happen, but it is often a line manager who will be the first person dealing with a concern, performance problem or difficult conversation.
If your managers have not had people management training for some time, now is a good opportunity to refresh it.
Sexual harassment prevention needs to be more than a policy
One of the important areas discussed was employers’ responsibility to prevent sexual harassment.
The key message is that having a policy sitting in a handbook is not enough.
Employers need to be actively considering the risks within their workplace and taking steps to reduce those risks. This includes looking at where problems could potentially arise, setting clear expectations around behaviour, making sure employees know how to raise a concern and ensuring people feel able to speak up.
Workplace events are a good example.
A Christmas party, networking event or event involving alcohol might not immediately feel like something requiring an HR risk assessment, but employers need to consider the circumstances in which their employees are working and interacting with others.
The aim is not to stop people enjoying themselves. It is about protecting both your employees and the business.
What does third party harassment mean for employers?
Third party harassment involves people outside your organisation who come into contact with your employees.
This could include customers, clients, contractors, visitors or members of the public.
For many businesses, particularly those in sectors such as retail, hospitality and healthcare, interaction with third parties happens every day.
An inappropriate comment from a customer, abusive behaviour from a member of the public or harassment during a client meeting cannot simply be dismissed as something outside the employer’s control.
Employers should be thinking about where these risks could arise and what reasonable steps they can take to protect their people.
That could include customer facing environments, client meetings, networking events, lone working and situations where employees regularly interact with external organisations.
If an incident does occur, it is also important that concerns are taken seriously and dealt with appropriately.
Risk assessments are going to matter
Risk assessments came up repeatedly during our conversation.
Employers should be asking themselves where their people are potentially exposed to inappropriate behaviour and what can reasonably be done to minimise that risk.
The important point is to be proactive rather than waiting until something has already happened.
It also creates a clearer record that the organisation has considered potential risks and has taken action to address them.
Trade union information should not be overlooked
Another change discussed in the Live relates to employees being informed about their right to join a trade union.
This can easily be overlooked, particularly by smaller employers who do not currently recognise a trade union.
Employers should review their onboarding documentation, contracts and employee handbooks to make sure the appropriate information is being provided in writing.
This is one of those relatively small administrative changes that could easily slip under the radar, so it is worth including it in your document review now rather than waiting until you are onboarding your next employee.
Unfair dismissal changes make probation more important
One of the most widely discussed changes is the reduction in the qualifying period for unfair dismissal from two years to six months.
This significantly changes the timescale employers have available to assess whether a new employee is right for a role.
Two years gives an organisation considerable time to identify problems. Six months passes very quickly, particularly in professional or technical roles where somebody may take several months to become fully established.
This means recruitment, onboarding and probation all need greater attention.
Fiona recommends looking carefully at how recruitment decisions are made, making onboarding more structured and introducing regular probation reviews rather than leaving everything until the end of the probation period.
The aim is not to make it easier to dismiss employees.
Businesses invest significant time and money recruiting people and everyone wants a new employee to succeed.
The important change is that where something is not working, managers need to recognise it, discuss it and take appropriate action rather than hoping the problem will disappear.
Difficult conversations cannot simply be avoided
One of the biggest challenges Fiona sees is managers avoiding difficult conversations.
A performance concern arises. There is a conduct problem. Something has gone wrong.
Nobody particularly enjoys dealing with those situations, so it can be tempting to wait and hope things improve.
Usually, they do not.
Good management does not mean telling somebody off every time something goes wrong. It means acknowledging the issue, having a constructive conversation and giving the employee an opportunity to understand what needs to change.
Many managers have been promoted because they were excellent at their job, then expected to manage people without ever receiving proper management training.
Giving managers practical training and confidence to handle these conversations is becoming increasingly important.
Three actions employers can take now
If you are wondering where to begin, Fiona recommends focusing on three areas:
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Review your key employment policies and make sure they reflect the changes that are coming.
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Train your managers so they are confident dealing with complaints, performance concerns and day to day people management.
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Review your recruitment, onboarding and probation processes to make sure they are structured, documented and being followed consistently.
These three areas will put employers in a much stronger position as the changes continue to come into effect.
Ask yourself one question
A useful way to assess where your business currently stands is to ask:
If an employee raised a harassment concern tomorrow, or a manager needed to deal with a problem during somebody’s probation, would your managers know exactly what to do?
If the answer is yes, you are already in a strong position.
If the answer is “maybe” or “I’m not sure”, that is where some work may be needed.
How The HR Practice can help
Not every business needs the same level of HR support.
For businesses with existing policies and processes, an HR audit can help identify gaps and areas that need updating.
For smaller businesses or employers just starting to build their team, The HR Practice also offers a starter pack covering the core documents and processes needed when taking on employees.
The team also has a Third Party Harassment Compliance Pack designed to help employers prepare for the new requirements, including practical support around policies and risk assessments.
Most importantly, do not ignore the changes because they feel overwhelming.
Start with the areas most relevant to your business, take them one step at a time and ask for support if you are unsure.
If you would like to discuss how these employment law changes could affect your business, contact Fiona McKee and the team at The HR Practice.
