The EZHR Weekly Update 10th May 2023
On this week’s update we talk all things:
a revamp of the Good Work agenda,
reasonable adjustments for those affected by mental health conditions,
and whether you can veto an employee’s companion (or representative) to be accompanied in formal hearings. Even if the chosen companion's behaviour is disagreeable.
Think Tank Advocates for a Revamped 'Good Work' Agenda to Elevate Worker Standards
The Resolution Foundation, a think tank, has urged for the revision of the 'good work' agenda to enhance minimum standards for workers, beyond merely augmenting the national minimum wage.
The Foundation's report titled "Low Pay Britain 2023", supported by the Nuffield Foundation, posits that while the UK's minimum wage ranks among the top worldwide, the quality of work lags behind international counterparts.
The report outlines “good quality” work as providing security, autonomy, opportunities for progression, and a voice in the workplace. However, many lower-income workers report that their jobs lack these attributes.
Employees in the lower pay quintile are nearly double as likely as those in the highest pay quintile to report having minimal or no autonomy at work (38% versus 15%). They are also four times more likely to encounter volatility in their work hours and pay (22% versus 6%).
The report revealed that 17% of lower-paid workers are working fewer hours than they desire, compared with 4% of higher earners.
Surveying 2,000 private-sector employees, the report found that over half of those earning under £20,000 per year would experience a pay cut if they needed to take time off for a family emergency. This rate is five times greater than that of workers earning above £60,000 (12%). Lower earners are also more likely to receive only statutory sick pay (56%) or nothing if they have to take a week off due to illness, compared to one in 10 earning above £50,000.
Despite the rise in the national minimum wage, job satisfaction among the lowest-paid has declined over the past three decades, while remaining stable for the highest earners.
The report suggests a revamped good work agenda should concentrate on three areas:
Continuing the current pace of national living wage increases, which would see it reach 73% of typical earnings, or £13.12 based on current forecasts, by the end of this decade.
Adopting an earnings replacement approach to sick pay, where SSP is paid at 65% of a worker’s usual earnings, matching typical OECD rates.
Granting workers a new right to a contract reflecting the hours they usually work, at least two weeks’ advance notice of shifts, and compensation for late changes.
The report also suggests that the Low Pay Commission's role should be expanded to ensure that minimum wage increases do not escalate the cost for companies to employ low-paid labour.
ACAS Offer guidance on reasonable adjustments for mental health
Advisory, Conciliation and Arbitration Service (ACAS) have updated their guidance on workplace adjustments for mental health and its implications for employers.
With one in four individuals in England experiencing mental health issues each year, ACAS have reminded employers that some cases may also require reasonable adjustments under the Equality Act.
Under the Equality Act, mental health can be considered a disability if it has a significant, long-term impact on an individual's ability to carry out daily tasks. If an employee meets these criteria, then an employer may be required to consider how they make reasonable adjustments in the workplace to address any disadvantages arising from their disability. These can include:
modifying work processes,
providing specific equipment,
or making adjustments to the physical building.
These adjustments must be reasonable, considering how:
effective it will be in helping them do their job,
practical it is to do it,
much disruption, if any, would be caused to the business or other people by making the adjustment,
much, if at all, the adjustment would cost, while considering the size and resources of the company,
ACAS guidance on mental health reasonable adjustments
ACAS suggests following their guidance, even for employees who may not be considered disabled under the Equality Act, as minor changes to working conditions or responsibilities could help them perform well and remain in the workforce.
While they acknowledge that the response from the business will vary based on their size and resource, most employers should be considering the following:
changes to someone's physical working environment,
changes to someone's working arrangements,
finding a different way to do something,
adapting the way policies are applied,
· providing equipment, services or support.
The point for may employers to consider here is while that this advice isn’t wildly different from what has been briefed before, the fact they are encouraging early intervention on mental health issues. This could prove to be an early warning that this is an area of focus for ACAS moving forward.
Disruptive Companions
In Brown v IQVIA the Company excluded an employees nominated trade union representative due to their previous behaviour.
This case serves as a reminder to employers that an employee's chosen companion at formal hearings should not be excluded based on their disagreeable behaviour. The law protects an employee's right to be accompanied in these situations. This could imply that some managers may need extra assistance during such meetings if they find the chosen companion particularly challenging, or it might even necessitate replacing them with a manager who is more adept at handling difficult situations.
