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HR Reflections

By Niamh Kelly

At this time of year, many of us sit down and reflect on events of the past year, and prepare to anticipate what the coming year may hold.

I think it is fair to say that no one could have anticipated what 2020 would bring.

It’s December 2020 and so far this year we’ve had:

And in all honesty, I’m tempted to sing ‘and a partridge in a pear tree’ (if it wasn’t for the fact that singing is discouraged as it might spread COVID-19!).

 

I look back to my blogs at the end of 2019/start of 2020 and ‘all’ I had to worry about was the possible impact of Brexit and the introduction of new Employment Law in April 2020.  So in case, you missed it, here’s a quick recap of things you may have missed before I dust down the crystal ball and make some predictions for 2021…

  1. New laws came in around what should be in employee contracts.  From April 2020, both workers and employees have been entitled to receive written particulars from day one of their contracts, rather than just ‘employees within 8 weeks of starting’ as it used to be.

 

  1. Casual workers (ie those on variable pay) have been entitled to have their annual leave calculated on the previous 52 weeks.. and not 12 weeks as before.  (and while I’m at it, ‘rolling up’, or adding some money onto pay to cover annual leave has not been legal for several years!)

 

  1. Policies and Procedures – have you got an Employee handbook to cover most of this?  If not – then at the very least you need a process around Disciplinary and Grievance rules and procedures; and I would also recommend a Data Protection policy applicable to employees and contractors.

 

  1. Brexit – a new immigration system for people arriving in January 2021 is in the pipeline and there’s been no change to the law that requires you to check a job applicants right to work in the UK.  You have a duty not to discriminate against non-UK nationals (whether from the EU or not) and so you should be checking the right to work of all applicants. 

So… what do I think is coming in 2021 ?

  1. Brexit – reality strikes.  Carry out an audit of your workforce now.  Consider the new immigration system (details about to be announced) and whether you need to apply for a sponsor licence.

 

  1. The introduction of the Employment Bill which was delayed from the beginning of 2020 (yes – another one).  This time, it’s all about a new ‘single enforcement body’ which will offer greater protection for workers; the rights of workers to have tips/gratuities in full and the right of workers to request a ‘more predictable contract’ after 26 weeks work (i.e. agency workers or casual workers)

 

  1. New (or enhanced) rights for certain workers including one weeks leave for unpaid carers; enhanced redundancy rights for pregnant or maternity leave workers; allowing parents to take extended leave for neonatal care; and making flexible working ‘the default’ unless employers have a ‘good reason’ not to.  But… no sign of grandparents to have shared parental leave and pay …

 

  1. Emergency volunteering leave to allow employees and workers unpaid leave to volunteer in the health and social care sectors in the event of ‘another wave’ of the current pandemic.

 

  1. IR35 (yes – it’s back!). ‘off payroll workers’ (or consultants by another name) who were supposed to be put on the payroll from April 2020.. that is now due to come in in April 2021.. or is it?  My guess is there’ll be another deferment as the government will want to try and increase employment numbers and ‘self employed’ will count!

 

  1. And finally – get ready for some interesting developments around the responsibility of employers to prevent sexual harassment.  Review your policies now and as with all claims of harassment – take them seriously and act immediately to investigate complaints.

 

It has been (at the very least) a topsy turvy year for all of us and it’s not over yet.  Wherever you may be spending Christmas and New Year (and I hope it is with your loved ones), stay safe and take care.