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Menopause matter: Understanding, Supporting and Empowering

Fri, 18 Oct 2024 17:37:57 +0000

Menopause matters: Understanding, Supporting and Empowering

As a woman reaches a certain time of life, menopause starts to creep into your conscious thoughts. This is experienced by all women and people with female reproductive organs and can appear unexpectedly earlier a without warning for some. There is no avoiding it.

So, for menopause awareness day, I have been researching through two lenses: to educate myself on what might be around the corner and to understand how employees can be best supported at work during menopause.

What is the menopause?

Menopause is defined as the point in time when periods stop as indicated by 12 consecutive months of missed periods. This usually happens between the ages of 45-55 but can be experienced at a younger age. Perimenopause which can last anything from 4-10 years precedes menopause, and it is during this time that symptoms start due to fluctuations in hormone levels. The time after menopause is known as post-menopause and symptoms can continue but the majority dwindle over time. The transition is highly individualised but on average symptoms last between 7 and 10 years.

What are the symptoms and how can HRT help?

Individuals can experience physical, cognitive and/ or emotional symptoms. Joint or muscle aches and pains make physically demanding roles or excessive standing more challenging. Hot flushes or urinary issues can cause discomfort and embarrassment.

Brain fog or fatigue causes difficulty concentrating, forgetfulness or memory lapses. Hormonal fluctuations lead to emotional symptoms such as mood swings, weight gain, anxiety or depression. Overall, this can result in a lack of confidence particularly where productivity wanes.

Menopause Hormone Therapy (MHT) is a treatment designed to alleviate menopausal symptoms by replenishing hormones that the body no longer produces in sufficient quantities. It can significantly relieve symptoms such as hot flashes and night sweats while also supporting bone health by reducing the risk of osteoporosis. Women should work with their healthcare providers to determine the most suitable type and dosage of MHT, considering individual health profiles and potential risks.

What can employers do to support?

Policy – as an absolute minimum publish a Menopause policy. This is a simple measure that both acknowledges and raises awareness of menopause, and the difficulties presented by the symptoms. The policy should empower people to be open about any struggles they experience during menopause and detail how the manager can support them. Everyone’s menopause experience is different, so whilst the policy should give examples of work adjustments that could be made, it should allow flexibility for individualised support plans to be agreed.

Support Networks – if the organisation size allows, create a menopause support group menopause cafes or menopause advocates. This would give employees a space to share their experiences and discuss remedies but overall to feel a sense of solidarity. As advocates, the group could devise and promote initiatives to ease menopause struggles at work, but also to raise awareness to the overall population.

Wellness programmes – Signpost employees to existing wellness initiatives such as medical support, counselling, nutrition advice, or fitness programmes that may alleviate their symptoms. Incorporate a menopause leave allowance so employees can confidently take time off or work from home when they have severe menopause symptoms.

Raise Awareness – offer training or webinars to educate employees and managers on menopause, the symptoms and how it can impact people at work. Managers specifically should be given guidance on how to have sensitive conversations about menopause and create individual support plans.

Listen – whether through dedicated advocates, or one-to-one conversations, listen to feedback from affected employees and adapt policies or devise initiatives that directly address the difficulties they are experiencing.

Let’s break the silence around menopause and create a supportive workplace culture that empowers women to embrace this natural phase of like with understanding and respect.

Dissecting Employment Legislation - Family Friendly Legislation Changes

Mon, 01 Apr 2024 15:45:00 +0000

Dissecting Employment Legislation - Family Friendly Legislation Changes

In 2024, the government has implemented enhanced legislation to further protect and support families. Understanding these changes is essential for maintaining compliance and fostering a supportive work environment for new and expecting parents.

In this article, we dissect the updated redundancy protection and paternity leave legislation.

Extended Redundancy Protection for Pregnancy and New Parents

Effective from: 6th April 2026

The protected period which only previously covered maternity leave, has now been extended to include pregnancy and a period of 18 months after the birth date. This applies to all individuals with employment status and includes adoption and shared parental leave as follows:

Pregnancy followed by maternity leave – protection starts when the employee informs their employer of their pregnancy and ends 18 months from the date the baby is born.
Adoption Leave – protection starts when adoption leave begins and ends 18 months after the placement date, or when the child enters Great Britain if it’s an overseas adoption.
Shared Parental Leave (SPL) - protection starts when SPL begins. The duration of SPL is considered when determining the length of the protection period:

- Under 6 weeks - the protection period ends when the employee returns to work.

- Over 6 weeks continuous leave – the protection period ends 18 months from the date the baby is born.

Preparing for the change

Update your redundancy policy to communicate the redundancy protection rules for all employees.
Develop a reporting mechanism to easily identify protected employees in the event of a redundancy situation.

Is an employee protected if they informed the employer of their pregnancy before 6th April 2024?

They are protected. It is advisable for these employees to repeat the pregnancy notification to raise awareness to their employer of the extended protection.

What protection applies in the case of miscarriage or stillbirth?

When the miscarriage is in the first 24 weeks of pregnancy, the protected period continues until 2 weeks from the end of the pregnancy. If the child is stillborn after 24 weeks, then the redundancy protection continues for 18 months from the birth date.

How do we determine the 18-month protection period if we do not know the child’s actual birth date?

What is the protection period for an employee who takes several instances of Shared Parental Leave which totals 6 weeks?

The protection period ends when the employee returns to work after each instance of SPL.

Is it illegal to make an employee redundant if they are in a protected position?

The new legislation does not prevent employees from being selected for redundancy. It gives employees priority over suitable vacancies that exist within the company. If there are no suitable alternative vacancies, the employee could still be made redundant.

What counts as a suitable alternative vacancy?

When facing redundancy, an employee may be offered a "suitable alternative vacancy" within their current organisation or an associated company. This vacancy is deemed suitable if it aligns with the employee's skills and experience, and the terms of the new role are comparable to their previous position. This comparison considers factors like salary, responsibility level, working hours, and location.

Can I choose a non-priority candidate that has better qualifications for a suitable alternative vacancy?

While another candidate may possess greater qualifications or experience for a "suitable alternative vacancy," their candidacy becomes irrelevant in the face of an employee with priority status. If the vacancy aligns with the prioritised employee's skillset and experience, offering them the position becomes mandatory, regardless of the other candidate's potential suitability.

What happens if there are multiple priority candidates for one suitable alternative vacancy?

The new rules have no guidelines on this yet. We suggest gathering robust selection criteria to determine which employee is more suitable for the role and keeping a clear record of the fair decision making and rationale you’ve used.

Paternity Leave

Effective from: 6th April 2024

The paternity leave changes signal the government’s response to discussions around work-life balance and gender equality.

Key Changes:

Employees now have the option to take two non-consecutive weeks of leave instead of taking their entitlement in two consecutive weeks.
The period in which paternity leave must be taken extends from 56 days to 52 weeks from the child’s birth or adoption.
Notification requirements have been split so that the notification of entitlement and declaration is required up to the 15th week before the expected week of confinement. The employee must then give 28 days' notice of each leave instance.

Preparing for the change

Update your paternity leave policy to account for the changes.
Check and update any forms that are used for communicating paternity leave.
Communicate the changes to line managers.

As you navigate these changes, it's essential to ensure that your policies and practices align with the updated regulations. Efficient Ops offer professional assistance tailored to employers, providing guidance on navigating these shifts seamlessly.

Contact us today for expert support in staying compliant and fostering a supportive workplace environment for your employees.

Dissecting Employment Legislation - Work Time Regulation Changes

Thu, 22 Feb 2024 16:15:25 +0000

Dissecting Employment Legislation - Work Time Regulation Changes

The Working Time Regulations (WTR) are the backbone of employment in the UK with non-compliance carrying many risks for UK businesses. It is therefore essential to keep abreast of the changes and understand their impact on your procedures. The key changes to the WTR in 2024 are as follows:

In response to the Harpur Trust v Brazel case, the WTD has defined irregular hours and part-year workers. Alongside this, it now explains how to calculate statutory holiday entitlement for this category of workers both when at work and during periods of absence.
The introduction of rolled-up holiday pay.
The Working Time (Coronavirus) (Amendment) Regulations 2020 have been removed so leave carried forward under this regulation must be used by 31st March 2024
The requirement to keep “adequate” records of daily working time for each worker has been relaxed. Instead, employers are only required to keep records to demonstrate compliance with obligations.

Holiday Entitlement changes apply to leave years beginning on or after 1st April 2024.

In detail:

What constitutes an irregular hours worker?
This is a worker who is employed under a casual or zero-hours contract. Their paid hours in each pay period of a leave year must be completely or mostly variable. It does not apply to shift workers who have fixed hours that vary from week to week.

What constitutes a part-year worker?
This is a worker who is only contracted to work part of the leave year and has periods of at least 1 week in which they aren’t required to work and aren’t paid. This does not include salaried workers who have periods when they aren’t required to work as they continue to receive pay whilst they aren’t working.

Our holiday year runs from January to December, do we need to recalculate leave for these workers from April?
No, the change will only be applicable from the start of your leave year. In this case, from January 2025.

How is statutory holiday entitlement calculated for this category of worker?
Statutory holiday entitlement is 12.07% of actual hours worked in a pay period. This percentage represents the statutory holiday entitlement (5.6 weeks) divided by the number of working weeks in the year (46.4 weeks). Accrued holidays for this category of worker are calculated at the end of a pay period.

For Example, if a worker worked 80 hours in the pay period, their leave would be calculated as follows:

80 x (12.07/100) = 9.656 hours.

This result is rounded up or down to the nearest whole hour so in this case, the worker has accrued 10 hours leave.

Is the calculation different if our organisation offers enhanced annual leave?
Yes. If your organisation offers enhanced holiday entitlement, then the multiplier will be different. It can be calculated as follows:

Full holiday entitlement including bank holidays / 52 weeks – full holiday entitlement

Eg if you offer all employees 25 days annual leave, this equates to 6.6 weeks leave including bank holidays:

6.6 weeks / 45.4 weeks (52-6.6) = 14.54%

How is the rate of pay calculated for Irregular or part-year workers when taken?
To calculate the pay rate, a week should considered as starting on Sunday and ending on Saturday. Starting with the week ending on the Saturday prior to the leave, add up the payments for the last 52 weeks worked going back to a maximum of 104 weeks.

This total should then be divided by 52 to obtain the rate of pay for a week’s holiday.

If the employee hasn’t worked for 52 weeks in the previous 104 weeks for any reason then you should just calculate the average pay based on the number of weeks worked.

How is leave accrued for irregular or part-year workers when absent due to sickness or maternity?
The leave entitlement is calculated based on a 52-week relevant period which starts the day before the first day of absence.

Calculate the average hours worked per week as follows:

Total hours worked in period / 46.4 (possible working weeks in a year) = Average working hours per week

Now calculate the holiday accrual for each week as follows:

Average Hours per week x (12.07/100) = leave accrued per week

To calculate the total number of hours accrued

Leave accrued per week x no. of weeks absent

What if the employee was absent due to sickness or family-related leave in the 52 week relevant period?
These weeks should be discounted from the calculation and the period extended by this number of weeks.

For example, if an employee has 3 weeks of sickness absence in the 52-week relevant period, then these weeks should be discounted, and the relevant period should be extended to 55 weeks.

What if the employee has been employed for fewer than 52 weeks?
In this case, the relevant period should be reduced to cover the number of full weeks the worker has been employed.

What is rolled-up holiday pay?
Rolled-up holiday pay is added to every payment a worker receives instead of accruing holiday entitlement. It can only be used for part-year and irregular workers. It is important to ensure there is the provision in the worker's contract before applying rolled-up holiday pay.

How is rolled-up holiday pay calculated?
You can calculate rolled-up holiday pay using the following formula:

Total normal pay in the pay period x (12.07 x 100). The answer should then be rounded up or down to the nearest pence.

Need help adjusting to the new regulations? Get expert help!

Dissecting Legislation - Changes in Immigration Rules

Thu, 15 Feb 2024 16:16:52 +0000

Dissecting Legislation - Changes in Immigration Rules

Following unprecedented levels of immigration experienced post-pandemic, the government is introducing several measures in 2024 to reduce net migration.

The key changes are as follows:

Overseas Care Workers will no longer be able to bring family dependants and social care firms in England will be required to be undertaking Care Quality Commission registered activities to sponsor visas.

Coming into force: 11th March 2024.

Increased minimum earning threshold for overseas skilled workers from £26,200 to £38,700.

Coming into force 4th April 2024

Reformation of the Shortage Occupation List into an Immigration Salary List (ISL) and removal of the 20% going rate salary discount for shortage occupations.

ISL publication due early April

Increase in minimum income for family visas to £38,700 in line with the minimum salary threshold for the Skilled Worker. The increase will be applied in incremental stages to reach £38,700 in early 2025.

First increase to £29,000 from 11th April 2024

Review of the graduate route – the Migration Advisory Committee (MAC) will be reviewing this throughout 2024.
Increase in penalties for employers of illegal workers - from £15,000 to £45,000 for a first breach and from £20,000 to £60,000 per employee for each subsequent breach.

Do we need to increase the salary for individuals already employed via the Skilled worker route?

No. Individuals who are employed as skilled workers when the changes come into force are exempt from the new salary requirements when they change employer, extend, or settle.

Are there any exemptions for the Skilled Worker route earning threshold?
Exemptions apply to Workers on the Health and Social Care visa route and education workers who are on national pay scale occupations.

Planning for the change

Support your migrant worker population to understand the changes and the potential impact on them.
Ensure your HR team has received adequate training on how to apply the changes.
Analyse the historic use of skilled workers to determine which roles may not be viable to recruit via this route moving forward.
Identify ways in which skills gaps could be lessened through education and development of UK citizens. Considering apprenticeships, industry placement, mentoring, etc.

Need help navigating the constant employment legislation changes? Book a free discovery call with an expert today.

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Dissecting Employment Legislation - Flexible Working

Thu, 08 Feb 2024 09:36:00 +0000

Dissecting Employment Legislation - Flexible Working

Almost exactly ten years since originally coming into force, Flexible Working Regulations are being overhauled in 2024.

The key changes are as follows:

Length of Service - The right to submit a flexible working request has been reduced from 26 weeks service to day 1.

Frequency of Requests - An employee can now submit 2 rather than 1 request in a 12-month period.

Decision Timeline - The timescale in which employers must communicate the final decision has been reduced from 3 to 2 months.

Request Information - Employees are no longer required to identify the business impact and suggest mitigations in their formal request.

Coming into Force: 6th April 2024

What types of flexible working could be requested?

A flexible working request could take any form. It really depends on the individual employee’s needs. This could involve a reduction in hours, change in work pattern, home or hybrid working, annualised hours or even phased retirement.

How much time needs to elapse between requests?

There is no set rule on this. Employees can only have one flexible working request live at any given time. If this is the first request in a 12-month period then the employee can submit another request immediately after the decision has been communicated.

Can an employee submit the same request again?

Yes, provided they haven’t already submitted 2 requests within the last 12 months, then an employee can submit the same request again. As the business landscape may have changed since the last request, it should be considered as a standalone request.

Is consultation necessary if we are happy to accept the request in full?

No. If the request is approved, then you can simply confirm this in writing to the employee and prepare the necessary paperwork to confirm the contract change. This must be done within 2 months of the request.

Does an employee have a statutory right to be accompanied at the consultation meeting?

There is no statutory right to be accompanied, but it is recommended if this would benefit the employee in putting forward their case.

What should be discussed at the consultation meeting?

The meeting should cover the potential benefits or impacts of accepting or rejecting the request both on the employee and the business. It should also discuss any practical changes that would need to be in place before the request can be implemented.

Is it possible to suggest a modification to the request?

Yes. This is the intention of the consultation meeting. If the employer has a good reason to reject the original request in full, then it is reasonable to discuss alternative ways in which the employee’s desired flexibility can be achieved. This could also involve an agreed trial period.

What are ‘reasonable’ grounds to reject a flexible working request?

Legislation states that it is only possible to reject a request for one of the following business reasons:

the burden of additional costs

an inability to reorganise work amongst existing staff

an inability to recruit additional staff

a detrimental impact on quality

a detrimental impact on performance

a detrimental effect on ability to meet customer demand

insufficient work for the periods the employee proposes to work

a planned structural change to your business

Is it possible to cancel the request if the employee doesn’t attend the consultation meeting?

It is only possible to treat an application as withdrawn if an employee misses 2 pre-arranged consultation meetings without good reason. In this scenario, there must be evidence that the employee received a formal written invite to both meetings. The employer must write to the employee to advise them that they are treating the request as withdrawn.

Should employees be given the right to appeal the decision?

There is no statutory right to appeal a decision for a flexible working request, but it is good practice. It enables the employee to communicate if they feel the request wasn’t appropriately handled or propose any adjustment that would mitigate the reason for rejection.

The appeal should be heard by another ideally more senior manager and a final decision communicated in writing within 2 months of the original request.

Can the 2-month period in which to communicate the final decision be extended?

This is only possible with explicit agreement between Employer and employee. This must be confirmed to the employee in writing with the updated decision date.

Planning for the change

Update your employee handbook or flexible working policy with the key changes

Create/ update flexible working request form to ensure all the required information is provided upfront:

the date of the request

the change the employee is requesting to the terms and conditions of their employment in relation to their hours, times or place of work

the date the employee would like the change to come into effect

if and when the employee has made a previous request for flexible working to the employer

Dissecting Employment Legislation - Carer's Leave

Thu, 01 Feb 2024 09:36:30 +0000

Dissecting Employment Legislation - Carer's Leave

The start of a new year. A time to reset and plan for the months ahead. Then you hear about a flurry of new legislation and are forced to pivot!

It certainly feels like there is a lot of change on the horizon. That’s why we decided to get into the details so you don’t have to.

In our new ‘Dissecting Employment Legislation’ series, we will be shining to spotlight on the key legislation changes in 2024. Each week we will publish an article covering our understanding of upcoming legislation.

Our first article covers ‘Carer’s leave’ which comes into force on 6th April 2024.

Carer's Leave

This brand-new legislation allows employees who are looking after someone with a long-term care need to request up to 1 week of unpaid leave in a rolling 12-month period.

Coming into Force: 6th April 2024

Who can request Carer’s Leave?

Employees who have a dependant with a long-term care need can request carer’s leave to provide or arrange care for that dependant.

Does the leave need to be taken in one block?

No. The minimum period that can be taken is a half-day and the maximum is one week within a rolling 12-month period. It does not need to be taken on consecutive days.

What evidence is required?

None. It is not possible to request evidence in respect of an employee’s a request for carer’s leave.

How much notice should be given?

The request should be submitted within the below time scales before the start of the leave. The greater of:

twice the full leave duration in days; or
three days in advance.

How is the entitlement calculated for employees who are contracted to work variable hours? ie work different hours each week or work in some weeks but not others.

Calculate how many days the employee was normally required to work in the 12 months before the last day of carer leave and divide this figure by 52 to determine the entitlement.

Is it possible to reject a request for carer’s leave?

It is not possible to reject a request.

If however, the employee's absence would unduly impact normal business operations, then the leave could be postponed.

Postponed leave must be permitted for the same duration within 1 month of the start date of the original request. The employer must provide written notice of the postponement within seven days of the request or before the requested leave start date. This notice must explain the reason for the postponement and suggest alternative dates.

Planning for the change

Update your employee handbook or leave and absence policy to reference this entitlement.

Coach line managers on how to handle requests

Update leave management systems to accommodate the change

Written by Emily Jones

If you found this article useful, contact us for more insights and to see how we can support your business.

Absence Management for UK Businesses

Tue, 16 Jan 2024 18:41:09 +0000

Absence Management for UK Businesses

Employee absences are an inevitable reality for every UK business. Managing them effectively, can be a complex challenge for any business, but with the right knowledge and guidance it is essentially another administrative duty that needs continuous attention. Some businesses manage it internally, some outsource to save on cost and increase accuracy. This guide cuts through the jargon and offers a straightforward approach to ensure compliance, minimise disruption, and support your workforce.

The Legal Landscape

Equality Act 2010:This cornerstone legislation protects employees from discrimination based on disability or illness. It's crucial to ensure your absence management policies align with the Act's principles, avoiding any implicit or explicit bias against employees with health conditions.
Working Time Regulations 2020:These regulations set the minimum standards for working hours, breaks, and annual leave entitlements. Understanding these parameters is vital for calculating paid leave and ensuring fair treatment for all employees.
Statutory Sick Pay (SSP): This government-funded program provides financial support to eligible employees who are unable to work due to illness. Familiarising yourself with the eligibility criteria, payment rates, and notification requirements for claiming SSP is key to navigating this aspect of employee absences.

Essential Policies

Clear and Accessible: Your absence management policy should be a one-stop shop for employees, outlining:

Reporting procedures: How and when employees must notify you of absences.
Leave types: Categorising different types of leave, including sickness, annual leave, parental leave, and bereavement leave.
Evidence requirements: Specifying the kind of documentation needed to support different types of absences.
Return-to-work protocols: Establishing a smooth transition back to work after an absence, including any necessary medical clearance or phased return arrangements.

Transparent and Fair: Consistency is crucial. Ensure your policies are applied equally to all employees, free from any biases or inconsistencies. Transparency fosters trust and avoids confusion or accusations of unfairness.

Beyond Compliance

Proactive Communication: Open communication is vital. Regularly connect with absent employees, offering support and understanding. This proactive approach strengthens relationships and minimises potential issues.

Wellbeing Initiatives:Prioritise employee well-being. Implement programs that promote physical and mental health, reducing stress and fostering a positive work environment that can minimise avoidable absences.

Flexible Work Arrangements: Consider offering flexible work options like remote work, compressed hours or part-time schedules. This can accommodate various needs and facilitate a better work-life balance, potentially reducing long-term absences.

When to Seek Expert HR Help

Complex Absences: Efficient Ops, as a specialised partner, can provide invaluable support in managing long-term, chronic, or disability-related absences. They offer expertise in developing return-to-work plans, navigating complex medical situations, and ensuring compliance with relevant regulations.
Compliance Audits: Staying up to date with changing regulations can be challenging. Engaging external specialists for periodic compliance audits helps ensure your policies and practices remain aligned with the latest legal requirements.
Data Analysis and Benchmarking: Analysing your absence data can reveal valuable insights. Partnering with expert firms like Efficient Ops can unlock actionable strategies to optimise your absence management efforts through data-driven insights and benchmarking against industry standards.

Continuous Improvement

Regular Reviews and Updates: Review your absence management policies regularly to ensure they reflect changing needs and legal requirements. Don't be afraid to adapt and update them as your business and workforce evolve.
Data-Driven Adjustments: Track trends and analyse data to identify areas for improvement. Use your findings to refine your strategies and implement targeted interventions to address specific issues effectively.
Open Communication and Feedback: Encourage open communication from both employees and managers about your absence management practices. Feedback loops help identify potential issues and inform continuous improvement initiatives.

By adhering to these guidelines, creating clear and fair policies, fostering a supportive work environment, and seeking expert guidance when needed, you can navigate the complexities of UK absence management with confidence. Remember, effective absence management isn't just about compliance; it's about building a healthy, productive, and engaged workforce that thrives. Get expert help with absence management. Schedule a free discovery call today to see how our team of experts can help.

written by Emily Jones

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