In this newsletter we look at legislation changes, case law judgements, reasonable adjustments, and other elements.

We hope you find this information helpful, if you would like more detail on any aspect please contact us.  Don’t forget to take a look at our website to see the full range of our services.

From basic Contracts of Employment to a fully Outsourced HR service we can help.  If you would like to know more about any of our support, consultancy, and training services, and see how we can help you, please visit our website or contact us at info@connectivebusiness.co.uk to arrange a Free no-obligation consultation.

Legislation Updates

Paid Neonatal Care Leave: eligible parents of babies who, within 28 days of birth, require specialist neonatal care for at least 7 days will be entitled to up to 12 weeks’ statutory neonatal care leave as a “day one” right, which must be taken within 68 weeks of the birth. This leave is in addition to existing entitlements such as maternity leave.  Parents with at least 26 weeks’ continuous service and earning above the lower earnings limit will also be entitled to Statutory Neonatal Care Pay.

“Fire and rehire”: higher protective awards: where an employer is found to have unreasonably failed to comply with the new “fire and rehire” Code of practice, protective awards can be increased by up to 25%.  As such, employers could be ordered to pay a protective award of up to 112.5 days (uncapped) pay per affected employee.  The Code does not ban the practice of dismissal and re-engagement but encourages employers to explore options with employees before unilaterally seeking to dismiss and re-hire on new terms.

National Minimum Wage increases: the new rates are:

• £12.21 per hour for workers aged 21 and over
• £10 per hour for 18 to 20 year olds
• £7.55 per hour for 16 and 17 year olds and apprentices

Employer National Insurance Contributions (NICs): these will rise from 13.8% to 15% of employee earnings from 6 April 2025. From the same date, the threshold at which employers start paying employer NICs on a worker’s earnings will be lowered from £9,100 to £5,000 per year.

Statutory Sick Pay (SSP) & Statutory Family Pay

• From 6 April 2025, statutory sick pay will increase to £118.75 per week.
• From 7 April 2025, statutory maternity, paternity, adoption, shared-parental, and parental bereavement pay will rise to £187.18 per week.

The lower earnings limit required to qualify for these payments will increase to £125 per week.

Tribunal compensation limits & Statutory redundancy pay: the new limits for unfair dismissal awards and the new redundancy pay rate (£719 per week) will apply.

There are a number of other elements contained within the Employment Rights Bill that are yet to be finalised, and it is anticipated it will be later this year / 2026 when many changes will take effect.

Case Law

 Employee dismissed after taking cat to the vet during shift awarded £27k

The Employment Tribunal (ET) heard that LM was fired for falsifying timesheets to claim unauthorised overtime. This issue first emerged when the deputy manager questioned whether LM had clocked in or out during a visit to the vet during working hours.  LM was then later accused of fraudulent activity and falsification of timesheets.  She was suspended pending an investigation and dismissed after a disciplinary hearing.  The ET concluded that the employer failed to follow a fair procedure at every stage of the process and that the investigation into LM’s timesheets was also fundamentally unfair.  The ET also noted that LM consistently clocked in and out, was paid for those hours, did not hide anything from the employer and was never told her actions were inappropriate.

Employee left out of tea round and ignored in meetings awarded £41k

The ET heard that after a disagreement over how to respond to a patient emergency, AN’s behaviour became noticeably dismissive towards SH, and he began treating her differently to other members of the team.  SH resigned after the organisation failed to take action, and also failed to implement recommendations made after a grievance appeal hearing.  The ET said the organisation failed over several years to take adequate action in relation to AN’s behaviour, including when SH was made unwell because of the stress that caused.  SH’s evidence of the impact that had on her was powerful: she was a gifted nurse who loved her job, and she was immensely distressed to have found herself in a situation where she could not do it.

Training

Operational Managers are key to a Company’s success, and how they work with and manage their teams is an essential part of this.  Failing to provide them with the essential training they require will lead to more issues within the workplace.

We run a number of ‘1 to 1 HR Coaching for Managers’ modules, all of which are delivered remotely via Microsoft Teams:

• Being an Effective Manager / Responsibilities of a Manager;
• Dealing with Misconduct (Discipline), Poor Performance (Capability) and Grievances;
• Managing Attendance / Sickness Absence;
• Managing Performance / Developing People;
• Dealing With Conflict;
• Managing Recruitment;
• Managing Investigations.

Each module is focussed on the key elements involved, and takes around 1½ hours, with Managers also completing a workbook containing a number of questions and scenarios which is then analysed and feedback provided to ensure an in-depth understanding of the subject(s).

More details on all of the above can be found on our website.

When do reasonable adjustments become unreasonable

When considering reasonable adjustments, the starting point is to speak to the disabled employee about what support they require.  The question of whether an adjustment is then reasonable is an objective assessment that needs to be considered on a case-by-case basis, with medical evidence where relevant, depending on the nature of the job role and the business.

When employers refuse to implement a reasonable adjustment, it is predominantly because it causes disruption to their business. The courts are generally sympathetic to employers if the adjustment would

• significantly interrupt operations;
• unreasonably increases the workload for other members of the team;
• effectively removes one of the fundamental responsibilities of the role (for example, if an employee works in customer service then an adjustment where they don’t need to take telephone calls is likely to be unreasonable).

While there isn’t a list of criteria set out in the Equality Act 2010, when considering whether an adjustment is reasonable the courts generally look at:

• the extent that adjustment would have helped remove the disadvantage the disabled employee was being placed under;
• whether the adjustment was practicable;
• the costs of making the adjustment;
• whether the adjustment would have disrupted the employer’s activities;
• the nature of the employer’s activities and the size of its business;
• the resources available to the employer, including financial resources; and
• the availability of external financial or other assistance.

When considering whether a particular adjustment is reasonable, there is a degree of judgement that needs to be exercised using the above criteria. If managers are unsure whether something is reasonable, trial periods can work well to see how feasible any adjustments are or the business, and if they achieve the desired effect of helping the disabled employee carry out their role.  Any changes should be monitored during any trial periods, while clear and open communication with employees about the temporary nature of the adjustment while its effectiveness is assessed will help manage expectations and head off any grievances or tribunal claims before they are submitted.

Partner Services

We have long-term partnerships with key providers which enables us to provide other recommended services to our clients covering:

• Legal Services
• Financial Services;
• Health Insurance and Staff Healthcare Benefits;
• Health and Safety.

Visit our website to see full information on our partners and their services.