ASK AN EXPERT SHIVANI HALFORD

Founder and CEO of Pink Fluff HR Consultancy answers some of the common questions on the Employee Rights Bill 2024-25, announced on 10th October 2024.

What changes are proposed for the rights of new employees?

Currently, with a few exceptions like whistleblowing dismissals, and discriminatory dismissals, an employee cannot claim unfair dismissal until they have two years of service. Under the Employment Rights Bill, this qualifying period will be removed. Employees will have the right to claim unfair dismissal from day one, as long as they’ve started work. There is to be a consultation on a new statutory probationary period, which might allow for reduced unfair dismissal rights during a fixed initial period. Current speculation is that this might be somewhere between 6-9 months, but we will have to wait until the consultation is complete before any decisions are made.

What can you do to prepare?

Probationary Periods, do you have a process in place and if so, is this used effectively? Review your employees within their probationary periods and ensure managers are trained to manage performance continuously, not when there is a concern or an annual review.

What is happening to zero hour contracts?

There are three new elements in the Bill to consider when looking at zero hour contracts:

1 If a worker is working under a zero hours contract, the employer is obliged to offer a ‘guaranteed hours contract’. That ‘guaranteed hours contract’ will reflect the number of hours the employee worked during the previous reference period, which we believe will be the previous 12 weeks of employment. Importantly, this right to ‘guaranteed hours contracts’ applies not just to zero hour contracts, but also to minimum hours’ contracts (so one which guarantees a certain minimum number of hours). That prevents rogue employers from replacing their zero hour contracts with ’30 minute contracts’ or ‘one hour contracts’ to avoid this rule.

2. Workers are given a right to reasonable notice of a shift, if the worker is on a zero hours contract or works under a contract where the shift patterns aren’t known in advance.

3 Zero hour workers will have a right to reasonable notice of cancellation of a shift, or changes to a shift. That prevents employers from booking someone onto a shift and then cancelling them just before the shift is due to start.

What can you do to prepare?

Review what you do now and plan. Prepare to offer guaranteed hours contracts to zero hour workers. Look at putting a process in place to provide reasonable notice for shifts and cancellations.

Are there more changes to an employer’s responsibility for protecting their employees from sexual harassment?

From 26 October 2024, employers have a duty to take reasonable steps to prevent sexual harassment, including from third parties. The Bill changes the wording to ‘employers to take all reasonable steps to prevent sexual harassment of its staff by third parties’. The level of expectation of what an employer is supposed to do will be raised, including carrying out risk assessments, having policies and clear processes for reporting and of handling complaints.

What can you do to prepare?

Implement anti-harassment measures. Review and strengthen your policies and procedures to prevent third-party sexual harassment, this should include risk assessments and staff training on reporting and handling complaints. Changing company culture takes planning, time and effort, so start now.

Whether it’s navigating daily HR challenges, having the right team or aligning your people to your business strategy, we’ll be by your side with expert HR advice and support.

Will employers have to agree to flexible working requests from employees?

Currently, employees can request changes to their working arrangements (i.e. flexible working) up to twice a year. Employers must deal with these requests in a ‘reasonable manner' and can refuse the request for one or more of eight reasons (e.g. extra costs, not able to meet customer demand). The detail of the proposed legislation seems to indicate that the employer only needs to state the grounds of refusing the application and explain why they consider it reasonable to refuse the application on one or more of the grounds that already exist. So, it’s not much of a change; employers just need to give clearer reasons. There’s certainly no ‘right to demand a four-day week’ as some newspapers were suggesting. What can you do to prepare?

Update your policies to ensure they are clear with the reasons for refusal. Train managers to ensure a fair and consistent approach is applied.

What are the changes with Statutory Sick Pay?

Statutory sick pay will be paid from first day of sickness (it’s currently three days waiting and payment from day four). Also, the lower earnings threshold for SSP will be removed. The Secretary of State will set SSP as a percentage of pay.

What can you do to prepare?

Review your sick pay policies. Your payroll systems will need to be reviewed and plan to calculate what it may cost the business.

When will all these changes become law?

The Government has said “We expect to begin consulting on these reforms in 2025, seeking significant input from all stakeholders and anticipate this meaning that the majority of reforms will take effect no earlier than Autumn 2026.”

If you have a question, or want more information please contact us on hello@pink-fluff.co.uk or visit pink-fluff.co.uk

Being An Inspirational Leader Is About Encouraging Others To Be Extraordinary

Keith Smith, CEO of HRUC, talks to Sarah Dale about the exciting developments at the College Group, why strong partnerships with Chambers of Commerce are important and how he leads others to be their extraordinary selves.

Before Keith Smith took the helm of HRUC, he was Director of Strategy at the Department for Education and an architect of the Skills for Jobs White Paper, published in January 2021.

Some of the policies that he drafted have since been enacted, for example, local skills employment plans, which aim to align college and training provider courses to local skills needs.

“I’m keen to galvanise the Further Education (FE) system as a route to employment,” said Keith, CEO of HRUC.

“What I wanted to bring into this job is to take what is really brilliant in FE and cement it here and do everything we can do to strengthen the relationship with the Chamber.

“Hillingdon Chamber of Commerce’s mission is to have a thriving economy here. Our ambition is to be one of the service providers to help do that.”

Keith is passionate about encouraging and supporting staff and students to believe and achieve “the extraordinary”.

“When I reflect on how I want to be, I want to be a leader that enables people to believe that doing the extraordinary is possible in an environment where people feel that they are respected, that they’re cared for and that they can be tested and empowered to make their mark on the world in the way that they want to do that,” said Keith.

“That’s the legacy I want to create.

“I think people are brilliant and bring such amazing ideas and talent but sometimes they are not supported or respected enough to do things and change things. If I can create the most inclusive, rewarding environment that I can then I can get somewhere close to the leader I want to be.

“I’m a massive supporter of championing people with disabilities. We talk a lot of inclusion and diversity and sometimes we miss disability from that and at HRUC we want everyone to do their very best and play an important role.”

It is an exciting time of growth for HRUC –the newly formed College Group in West and South London comprising Harrow, Richmond and Uxbridge Colleges including West London Institute of Technology.

In September, the new £20 million STEM building opened at the Richmond site, which they will formally open in the coming weeks.

A new two-year aviation course has started at Uxbridge College, working with Aviation Generation, enabling students to benefit from real-world insights and learning materials from industry partners like Heathrow Airport and British Airways.

HRUC’s strategic plan, which sets out its vision to 2030, has also gone live.

“We are really proud to launch a new strategic partnership with MIT in America. We are the first college to do that."

HRUC has joined the Industrial Liaison Program (ILP) at the Massachusetts Institute of Technology (MIT). The membership offers higher-level technical skills development specialising in engineering, computing and construction and access to MIT’s researchers. The partnership will provide a range of benefits to students and staff including access to MIT’s researchers, widely recognised to be among the best in the world. HRUC is the first college to become part of the ILP and is working with MIT to launch a new national innovation competition for colleges and secondary school students across the UK.

Richmond upon Thames School is also instrumental to the College Group’s plans as they launched a Sixth Form for the school in September. The teaching is shared with the FE College and the school.

“It is part of a wider plan to provide more opportunities for young people and show FE as their route to higher education or entry into jobs,” he said.

“We also have a commitment to providing an apprenticeship to anyone who wants one and drive what the local community needs.

“The reason we’re doing that is we want to showcase FE in West London and the talents of the young people across the country.”

As part of their commitment to students with special educational needs and/or disabilities (SEND), HRUC has purchased Barra Hall in Hayes from Hillingdon Council. The multi-million-pound investment will provide educational provision for more than 70 students with SEND following £1 million of upgrades and renovations and is due to open in September 2025.

They have also invested £10 million at the Uxbridge campus, as part of its drive to be Net

Zero by 2030, to provide more green spaces and social spaces.

“This is about us investing back into the community to bring benefits to those that we serve,” he said.

“The better we do, the better we can serve the local economy and the better opportunities for young people to find a good job. It really helps local employers getting local talented people into good careers.”

Like many colleges across the country, HRUC’s biggest challenge is recruiting more lecturers to pass on their knowledge and skills to the next generation.

“We are looking for people who have worked in industry for a long time to give us some of their time even if it’s a couple of hours for students that are so hungry to get on the career ladder that they have had – that is what we need,” said Keith.

“We have a brilliant vision and a great staff but we need more people to help us do that.”

Partnering with local businesses who can offer work placement opportunities to students is just one of the reasons HRUC is a Hillingdon Chamber member. HRUC recognises the importance for working with industry to deliver apprenticeships and placements which support thousands of students. Employers are instrumental in shaping the college’s curriculum, and HRUC’s Industry Advisory Boards (IAB) represent a practical way employers can help to ensure education is linked to the requirements of industry. “The Chamber is really important to us because these young people eventually need to get into a good job and this is central to our mission,” he added.

“I hope that being a part of the Chamber means we can build really meaningful relationships with businesses.”

Away from work he likes running, swimming and walking his dog.

“The demands of the job are big and the responsibility is a serious one,” he added.

“I love it but I ensure I invest in my own mental health. I believe it is very important when you’re running a very complex organisation having the discipline to invest in yourself –and we do this with staff and students.

It is important to have a support structure around you.

“Doing the things that you really love and enjoy is a critical part of being a leader. I want to be here for many years to come.”