Employment Law News

BDBF’S Webinar: 10 things for employers to know about in 2021

On 25 January 2021, we held a webinar looking at the top 10 things for employers to know about in 2021.  Here you can access the recording of that webinar, together with the slide presentation used on the day.  Also on our website, you can access the BDBF 2021 Roadmap for HR, which covers the key actions points from the webinar.

To view the PDF webinar slides please click on the image below, or view the recording of the webinar:

BDBF can help businesses and employers prepare for the future. Please contact Amanda Steadman (amandasteadman@bdbf.co.uk), or your usual BDBF contact, for further advice.

[et_pb_section fb_built=”1″ _builder_version=”3.0.100″ background_image=”http://davidk423.sg-host.com/wp-content/uploads/2017/09/bdbf_final-stages-1-4-1.jpg” custom_padding=”|||” global_module=”2165″ saved_tabs=”all”][et_pb_row _builder_version=”3.25″ custom_padding=”|||”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”3.27.4″ background_layout=”dark” custom_margin=”0px|||” custom_padding=”0px|||”]

Employment Law News

 

[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”3.22.3″][et_pb_row admin_label=”row” _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.7.4″ text_orientation=”justified” hover_enabled=”0″ use_border_color=”off” sticky_enabled=”0″]Employers urged to help survivors of domestic abuse

This week marks sexual abuse and sexual violence awareness week. Most employers are aware of their obligations to prevent abuse and violence in the workplace, but with lines blurring between the home and the office should employers support those suffering at home?

During the first lockdown period, there was a significant surge in victims seeking support for domestic abuse. Refuge recorded an 80% increase in calls in March alone. This trend has continued over the last 12 months.

The nature of lockdown (and we are now on national lockdown number three) has meant that victims of domestic abuse have become even more isolated. The loss of connections to the outside world has made them more vulnerable and allowed perpetrators even more control over their lives. The most horrifying fallout of the national lockdowns is that it has prevented victims from any respite from their abuse – trapped in their own homes – a supposedly safe space for so many of us. Most notably, there have been more reports of abusers’ control over their victims’ IT devices, making it even more difficult for those in need of help to seek help.

On 14 January 2021, Business Minster Paul Scully MP sent an open letter to all employers urging them (us) to consider what can be done to help survivors of domestic abuse.

https://www.gov.uk/government/publications/domestic-abuse-open-letter-to-employers-on-how-to-help-workers-find-the-right-support/domestic-abuse-open-letter-from-the-business-minister-to-employers

The open letter rightly points out that domestic abuse is still a taboo subject and few employers have any coherent workplace policy or support framework to deal with the possibility that its workers could be victims of domestic abuse. Given the strides forward so far as mental health at work is concerned, why shouldn’t the same apply in relation to domestic abuse?

At present, the only social contact many victims have is with colleagues (albeit virtually). Employers are therefore in a unique position to identify changes in their employees’ conduct which could indicate abuse. For example, if an employee is suddenly more withdrawn, overly critical of themselves and their work, there is an unexpected dip in their performance or references being made to their partner’s (or other family member’s) controlling behaviour. These cues may be subtle to begin with, but over time they may build to reveal the reality of incredibly difficult personal circumstances.

But what can an employer do if it suspects that an employee is suffering abuse?

Firstly, acknowledge that domestic abuse can take many different forms including: coercive control, economic abuse, online or digital abuse, harassment and stalking, psychological and sexual abuse.

The open letter refers to the following initiatives an employer could implement in order to help those who may need help:

1. Respond appropriately – listen, try to understand and take care not to place blame on the victim. Acknowledge how brave it is to talk about domestic abuse.

2. Raise awareness – is there a policy in place offering useful guidance and information on how to access support? Has training been offered to help staff spot the signs and what to do if they suspect a colleague is being subjected to domestic abuse? Is there a clear message that all staff should feel comfortable raising these issues and in doing so that they will be supported? A poster/email or information on the intranet with details of support groups is a great start. Small things can make a big difference.

3. Pragmatic ways to help – it’s not always about offering a shoulder to cry on, there are practical ways to help too. For example, offer to pay an employee’s salary into a separate bank account, put in place flexible working arrangements or provide a private space for employees to make calls or other administrative tasks they may not be able to freely do at home.

4. There is lots of free support available – use it! Please see the links at the end of this article which signpost useful toolkits on how employers and employees can help those suffering from domestic abuse.

5. Involve experts – domestic abuse is a sensitive and complex issue. No one expects an employer to become an expert overnight. If an employer finds itself in a difficult situation concerning an employee and domestic abuse, it should seek external help. The type of external support will depend on the situation and also whether or not an employer has the victim’s permission to do so.

6. Critically – household isolation instructions as a result of coronavirus do not apply if you need to leave your home to escape domestic abuse However, make sure to get professional advice before advising on this specific point.

Dealing with the possibility that an employee may be the subject of domestic abuse is a terrifying prospect and most employers would be fearful of getting it wrong. The primary way to begin tackling this deeply complex and frightening situation is by raising awareness, offering an open and trustworthy environment for victims and identifying a need for support.

Emily Plosker is a Senior Associate at leading employment law firm BDBF

Further support can be found here:

Helplines/Websites

https://www.nationaldahelpline.org.uk/

The freephone, 24-hour National Domestic Abuse Helpline 0808 2000 247

https://www.solacewomensaid.org/contact-us

Men’s Advice Line – confidential helpline, email and webchat service for male victims of domestic abuse.

Call 0808 8010327 or visit mensadviceline.org.uk

 [/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=”1″ _builder_version=”3.26.6″][et_pb_row _builder_version=”3.26.6″][et_pb_column type=”4_4″ _builder_version=”3.26.6″][/et_pb_column][/et_pb_row][/et_pb_section]

[et_pb_section fb_built=”1″ _builder_version=”3.0.100″ background_image=”http://davidk423.sg-host.com/wp-content/uploads/2017/09/bdbf_final-stages-1-4-1.jpg” custom_padding=”|||” global_module=”2165″ saved_tabs=”all”][et_pb_row _builder_version=”3.25″ custom_padding=”|||”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”3.27.4″ background_layout=”dark” custom_margin=”0px|||” custom_padding=”0px|||”]

Employment Law News

 

[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”3.22.3″][et_pb_row admin_label=”row” _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.7.4″ text_orientation=”justified” use_border_color=”off”]

Race equality week, what is it and how can you get involved?

Did you know that we are in the middle of the UK’s first ever Race Equality Week?  The week runs from 1 to 7 February 2021 and aims to bring UK employers, organisations and the wider public together to address issues affecting ethnic minority employees with the aim of igniting real change.

The Race Equality Network launched the initiative against the backdrop of the world-changing events that took place in 2020, namely the Black Lives Matter movement and the disproportionate impact of Covid-19 on ethnic minorities. These events generated a new level of public consciousness of race inequality on our doorstep in the UK.

The Race Equality Network have multiple events on this week and have highlighted on their website the ways for organisations and individuals to get involved by taking part in one or more of their three key initiatives  – The Virtual Badge Campaign, Safe Space and The Big Promise.

The theme of this year’s Race Equality Week

The theme of this year’s Race Equality Week is “Transparency, Accountability, Action” which is already a hot topic across many different sectors. The ambition for the week is “let’s not go back to normal”. An interesting point as prior to 2020, 75% of ethnic minorities experienced racism in the workplace. The week’s ambition is that we take what we have learnt from 2020 and use that to drive change.

In addition, lack of representation continues to be an issue.  Figures published by Business in the Community have shown that despite making up over 3% of the population of England and Wales, black people held just 1.5% of the 3.7 million director and manager level roles across the public and private sectors in 2019.  This is only a 0.1% increase since the last Race at the Top report in 2014.

What can employers do?

Beyond getting involved in the Race Equality Week initiative and events, employers should consider the measures set out in the Race at Work charter devised by Business in the Community.   The charter contains five calls to action to ensure that ethnic minority employees are represented at all levels in an organisation:

1. Appoint an Executive Sponsor for race: this should assist to provide visible leadership and drive key decisions. this approach has been adopted with some success in the context of improving gender equality within the workplace. For example, annual gender pay gap reports must be signed off by a director or equivalent within the business, and many reports now open with a statement by that person, outlining the company’s values and progress in that arena.

2. Capture ethnicity data and publicise progress: gathering ethnicity data from the employee population is essential to be able to monitor and report progress over time. This data will also be necessary if, and when, businesses are required to report on their ethnicity pay. However, there are many hurdles around collecting, analysing and reporting ethnicity data.  For example, employees are not legally obliged to disclose their ethnicity to their employer and research shows that self-declaration can be as low as 50%, meaning data sets will be incomplete.  Employers need to think carefully how they can encourage self-declaration (e.g. by demonstrating that the data will be kept secure) and ensure that it is collected at different points (e.g. at the recruitment stage and then again at the onboarding stage) and at regular enough intervals to enable progress to be monitored effectively.

3. Commit at Board level to zero tolerance of harassment and bullying: a recent survey revealed that 25% of ethnic minority employees reported that they had witnessed or experienced racial harassment or bullying from managers. Board level commitment should be secured to stamp this out.  In addition, appropriate training should be delivered across the workforce, clear policies must be put in place and a consistent approach taken towards any offending behaviour.

4. Make clear that supporting equality in the workplace is the responsibility of all leaders and managers: for example, performance objectives could be tied to such responsibilities. Again, this is something we have seen used to good effect in gender equality arena. For example, senior executives at TSB had their bonuses cut for failing to meet gender equality targets.

5. Take action that supports ethnic minority career progression: taking positive action has the potential to make the biggest impact on representation rates. Many employers will have embraced (or be prepared to embrace) positive action pre-recruitment, for example, deploying targeted advertising, outreach work and offering mentoring, training and networking opportunities.  However, few employers within the private sector will have used positive action at the point of recruitment, largely for fear of “reverse discrimination” claims.  BDBF have published a detailed paperand presentation on Positive Action in the Workplace, which aims to demystify this area of the law.

If you would like to discuss any of the issues raised in this article or how BDBF can help your business navigate race at work issues,  then please contact Hannah Lynn (hannahlynn@bdbdf.co.uk), Amanda Steadman (amandasteadman@bdbf.co.uk) or your usual BDBF contact.

 

[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=”1″ _builder_version=”3.26.6″][et_pb_row _builder_version=”3.26.6″][et_pb_column type=”4_4″ _builder_version=”3.26.6″][/et_pb_column][/et_pb_row][/et_pb_section]

[et_pb_section fb_built=”1″ _builder_version=”3.0.100″ background_image=”http://davidk423.sg-host.com/wp-content/uploads/2017/09/bdbf_final-stages-1-4-1.jpg” custom_padding=”|||” global_module=”2165″ saved_tabs=”all”][et_pb_row _builder_version=”3.25″ custom_padding=”|||”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”3.27.4″ background_layout=”dark” custom_margin=”0px|||” custom_padding=”0px|||”]

Employment Law News

 

[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”3.22.3″][et_pb_row admin_label=”row” _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.7.4″ text_orientation=”justified” use_border_color=”off”]

Race Equality Week to kickstart long term racial equality at work

In this article, Melvyna Mumunie explains the continuing pressure on the Government to introduce mandatory ethnicity pay reporting and outlines the key considerations for its implementation. 

What is Race Equality Week and what is the key theme this year?

The UK’s first Race Equality Week runs from 1 to 7 February 2021. The initiative is designed to promote and effect change in the workplace – its stated aim being to unite “…hundreds of organisations and individuals in activity to address the barriers facing race equality in the workplace”.  The central theme for 2021 is “Transparency and Accountability”.

Although employer engagement will be key in a movement towards greater racial equality in the workplace, the Government holds the key to one of the most important mechanisms for promoting transparency and accountability – ethnicity pay reporting.

Where does the Government stand on ethnicity pay reporting?

It has been unlawful to discriminate in employment on the grounds of race since the implementation of the 1968 Race Relations Act.  Yet in 2018 the Government acknowledged that workers from ethnic minority backgrounds are still more likely to be in low paid and low skilled employment. In an effort to address the continuing issue of race inequality, the Government consulted on proposals to introduce mandatory ethnicity pay reporting for large employers (i.e. those with 250+ employees).  That consultation closed in January 2019 but the Government is yet to publish its response.  However, there are reasons to think that there is broad support for the consultation proposals.

In December 2020 the BBC reported that it had obtained an unpublished document in connection with the consultation, which revealed that 73% of the 321 respondents to the consultation supported compulsory ethnicity pay reporting for large employers.  Moreover, some organisations such as the Employment Lawyers Association and the Black Solicitors Network published their own responses to the consultation.  In response to the key question, “What are the main benefits for employers in reporting their ethnicity pay information?”, they highlighted several positives including the promotion of integrity and accountability, establishing and improving employee relations, marketing and profile-raising and societal benefit in the context of equal pay.

Is there an appetite for ethnicity pay reporting?

Despite the radio silence from the Government, calls for the introduction of the regime gathered momentum throughout 2020 amongst businesses, politicians and wider society.  For example:

• In 2020, a Parliamentary petition to introduce mandatory ethnicity pay reporting received over 130,000 signatures by the time it closed. The Government’s lukewarm response was to refer back to the consultation stating that: “The Government is continuing to analyse this data and is committed to responding to the consultation by the end of the year at the latest.” No response was published in 2020.
• In February 2020, the Confederation of British Industry renewed pressure on large employers by calling for companies with more than 250 employees to publish their ethnicity pay data voluntarily, mirroring the format used for gender pay reporting. And employers have not baulked at this.   Many high profile organisations including the BBC, Deloitte, Network Rail and Lloyds Banking Group have led the way on voluntarily reporting their figures.  Furthermore, a PricewaterhouseCoopers’ poll of over 100 companies (that collectively employ more than one million UK employees) found an increase from 8% in 2018 to 23% in 2020 in voluntary ethnicity pay reporting amongst employers.
• More recently, Labour MP Stella Creasy’s Equal Pay (Information and Claims) Private Member’s Bill began its passage through Parliament in October 2020.  Amongst other things, the Bill seeks to introduce ethnicity pay reporting to organisations with 100+ employees. While Private Member’s Bills don’t often make it onto the statute books, this Bill has cross-party support and might just make it.  At the very least, it has the capacity to keep up the pressure on the Government in this area.

What are the keys to success?

For a reporting regime to effectively facilitate equality in the workplace, lessons should be learnt from the gender pay gap reporting regime introduced in 2017.

While most employers were comfortable with the idea of gender pay reporting, many found the process to be difficult and required external legal advice on navigating the process.  The complexity of the process led to the reporting of some highly improbable, inaccurate or questionable data in the early days of the regime. A clear and accessible framework for reporting will be key to enabling businesses to report their figures accurately and inform their strategy for change.

Raw data and numbers alone do not help employees or the public understand an employer’s pay gap information. Mandatory narratives and reporting of contextual data (e.g. a breakdown of ethnicities across the workforce, a breakdown of employees by region/geographical location and pay bands where relevant), would help address this issue.

Reporting poor figures can lead to public embarrassment, but embarrassment does not necessarily result in change.

Employers should also be encouraged to publish action plans and report on how pay gaps will be closed.   Employers should also be encouraged to report on, and take into account, various overlapping characteristics for example, ethnicity and gender.  This will help employers develop meaningful strategies to address complex pay disparity issues affecting employees.

Closing thoughts

Clearly, there is an appetite for an ethnicity pay reporting regime and it may be within grasp.  The Government would do well to approach the implementation of the regime with great care to ensure that it is more than just a tick box compliance exercise.  Of course, the approach may need to be developed and refined over time, but there are many clear lessons that can be learnt from the events of the past year, historical data collection and the gender pay gap reporting regime.

If you would like to know more, or your business needs advice, please contact Melvyna Mumunie (melvynamumunie@bdbf.co.uk), Amanda Steadman (amandasteadman@bdbf.co.uk) or your usual BDBF contact.

[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=”1″ _builder_version=”3.26.6″][et_pb_row _builder_version=”3.26.6″][et_pb_column type=”4_4″ _builder_version=”3.26.6″][/et_pb_column][/et_pb_row][/et_pb_section]