With the festive season fast approaching, many employers have already finalised their plans for a staff party. Others may prefer a more spontaneous approach.

Either way, there are many legal issues for employers to consider. This is because work-related functions such as Christmas parties and similar events are effectively work activities covered by the same legislation that applies to the workplace.

Consequently, employers can be vicariously liable for their employees’ actions, such as

harassment, bullying and even personal injury. Of course, the individual engaging in inappropriate behaviour can be personally liable, too.

Harassment is defined in the Equality Act 2010 as unwanted conduct related to a relevant “protected characteristic” which has the purpose or effect of either:

• Violating an individual’s dignity or
• Creating an intimidating, hostile, degrading, humiliating or offensive environment for an individual

Protected characteristics include (but are not limited to) someone’s age, sexual orientation and race. Sexual harassment, which has been a high-profile issue throughout 2023, is unwanted conduct of a sexual nature. It is all too easy to see how offensive behaviour at an office party can constitute harassment.

Employers may have to manage grievances or disciplinary proceedings if the social event does not go to plan. In the worst-case scenario, they may be involved in Employment Tribunal proceedings.

So, what can employers do to ensure social events run smoothly?

• As office parties are an extension of work, remind everyone that the usual policies and procedures still apply. Bullying, harassment and disciplinary procedures could all be relevant.
• Consider whether you want a specific policy for work-related social events. This would provide clarity on acceptable standards of behaviour.
• Remind senior managers beforehand of the expected standards of behaviour and that they need to set an example.
• Depending on the location and guests, you may need a health and safety risk assessment of the venue.
• As well as vicarious liability, you have a duty of care to your employees, so discourage excessive alcohol consumption.
• If you provide free alcohol, limit this to either a couple of hours or to certain types of drinks.
• Make sure you provide plenty of non-alcoholic drinks for those who are driving or who do not drink for religious or other reasons.
• Remind everyone that it is illegal for employees under the age of 18 to consume alcohol and that disciplinary action could follow for the individual or anyone buying them alcohol.
• Make it clear that it is strictly forbidden for anyone to be under the influence of, or use or be in possession of illegal drugs.
• If the traditional evening party seems too risky, hold a lunchtime event to reduce the possibility of employees drinking too much alcohol and behaving inappropriately.

There is another option, of course, not to have a staff party at all. Bullying and harassment, inappropriate sexual comments, upsetting photographs on social media and drunken fights occur all too frequently at staff parties. For these reasons, many employers no longer organise any staff social events. However, if you choose not to have a party, you should consider how this may impact staff morale and engagement.

Read more:
How can employers avoid problems at staff parties?

With “National Stress Awareness Day” around the corner (2nd November), employee health and wellbeing should be at the top of organisations’ agendas. In the era of remote working and high employee turnover, mental wellbeing is not just seasonal but a year-round concern.

A 2023 report by the Chartered Institute of Personnel and Development (CIPD) and Simplyhealth on health and wellbeing at work found that mental ill health is the top cause of long-term absences, and 76% of organisations report some stress-related absence. Heavy workloads and management style were the most common reasons for stress.

Employers’ legal duties concerning employee wellbeing

Employers have a duty of care towards their employees, which means they must do all they reasonably can to support employees’ health, safety and wellbeing. Employers must treat mental and physical health as equally important.

Employers should be aware that an employee suffering from mental health issues could be defined as disabled under the Equality Act 2010. This will be the case if their mental health has a “substantial adverse effect” that lasts (or is expected to last) at least 12 months and which affects their ability to do their normal day-to-day activities. In legal terms, “substantial” means more than minor or trivial, which could mean the employee is hindered in activities like concentrating, interacting with others, or making decisions.

If an employee is disabled, employers will have a duty not to discriminate against them because of their disability and will also be obliged to make reasonable adjustments if necessary. Examples of reasonable adjustments might include flexible working hours, re-allocation of duties or providing special equipment.

Even if an employee is suffering from mental health issues that may not be a disability under the Equality Act 2010, it is a good idea to work with the employee to make adjustments. Often, making simple changes, for example, working with them each day to help them prioritise their workload, can be enough.

Support organisations can offer

A happy, healthy workforce is undoubtedly more productive than a stressed-out one.

Organisations should proactively prioritise mental wellbeing and support for employees to comply with legal duties while improving staff morale and productivity.

Some examples of steps organisations can take are:

• Find out what employees want and need. You can collect this information via employee surveys and polls or open forums and conversations. Questions in the survey could range from “Do you feel supported by your immediate supervisor?” to “What resources do you wish were available?”.
• Signpost the resources available. This could be with posters in the office, via the intranet or internal emails, and ensuring that the induction process covers wellbeing initiatives.
• Ensure any Employee Assistance Programme details are readily available and confirm the nature of that assistance. For example, this might be support or counselling because of financial worries. With the festive season approaching and the ongoing cost of living crisis, many employees’ mental health may be affected by financial concerns.
• Have trained mental health first aiders. Their purpose is to ensure staff know who to go to if they need or want to talk, to signpost people to resources and to be the first port of call for someone who doesn’t know where to start if they are feeling overwhelmed.
• Develop clear policies – such as a Stress at Work or Employee Wellbeing policy – and publicise these. Make sure they are easily accessible and provide training on them.
• Look out for signs of poor mental health at work, such as increased sickness absence, being late to work or poor working relationships with colleagues. These signs can be more challenging to spot when employees are working from home, so it is important to encourage frequent conversations between employees and their managers. With remote working becoming more prevalent, offering virtual mental health resources or online community spaces can be beneficial.
• Finally, organisations should also think about how they can measure the effectiveness of their policies and initiatives. KPIs could include reduced absenteeism, higher employee engagement scores, or positive feedback on internal surveys. If the level of take-up of services offered is low, consider how to improve this.

By following these tips, businesses can prioritise mental wellbeing and help foster a more productive and harmonious work environment.

Read more:
How can employers support employees’ mental wellbeing?

In an ever-evolving business landscape, the welfare of employees continues to be at the forefront of responsible leadership.

A recent survey by Pregnant Then Screwed, encompassing the experiences of over 24,000 parents, has revealed the extent of  pregnancy and maternity discrimination. The implications for business owners are clear, and understanding the full scope of legal obligations and potential risks is paramount.

The findings included:

• 52% of mothers faced some form of discrimination when pregnant, on maternity leave or when returning to work.
• 20% of mothers left their job following a negative or discriminatory experience.
• 64% of pregnant women received hurtful comments about their appearance.
• 10% of women were bullied or harassed when pregnant or returning to work.
• 7% of women lost their jobs for various reasons.

The Business Risk

The figures above translate to significant business risk exposure. The UK has stringent protections for pregnant women and new mothers, but ignorance or neglect of the legislation can lead to costly Employment Tribunal claims, reputational damage that can affect your brand’s integrity and the loss of valuable talents and skills.

What You Need to Know – Key Rights and Protections

• The right to time off for ante-natal appointments.
• Up to 52 weeks’ statutory maternity leave regardless of length of service.
• The right to return to the same or comparable job.
• Depending on length of service and salary, the right to statutory maternity pay or maternity allowance.
• Extensive health and safety protection while pregnant or breastfeeding.
• Redundancy protection where there is priority for suitable, alternative employment for an employee who is on maternity, adoption, or shared parental leave over other individuals at risk of redundancy where a vacancy exists.
• Crucially, the Equality Act 2010 prohibits discrimination, harassment and victimisation in relation to nine “protected characteristics” one of which is pregnancy and maternity. The Act also protects job applicants and recruitment needs to avoid discrimination and conscious or unconscious bias. So, don’t ask about a woman’s plans to have children or about her childcare arrangements or decide not to appoint someone because they are pregnant. No length of service is needed for a discrimination claim and compensation is unlimited. There is also a separate award for injury to feelings.
• The Employment Rights Act 1996 protects women from detriment relating to pregnancy, childbirth or maternity and any dismissal for a reason connected with these is automatically unfair. No qualifying period of service is needed unlike an “ordinary” unfair dismissal claim where two years’ service is required.

Employers need to be aware that new rights will be introduced in due course.

• The Employment Relations (Flexible Working) Act 2023 is expected to be implemented in summer 2024. Employees will be able to make two requests in each 12-month period rather than one. Employers will have to consult with employees before rejecting a request and will need to deal with it in two months rather than three. Not included in the Act, but expected to be introduced at the same time, is making the right to request flexible working a day one right (26 weeks’ continuous employment is needed currently).
• The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 will extend the current redundancy protection so that a mother returning from a year of maternity leave can receive six months’ additional redundancy protection. There is currently no date for this change.

Transforming Challenges into Opportunities

While these new findings are disconcerting, they also present an opportunity for forward-thinking leaders. Many employers want to support pregnant employees or those on – or returning from – maternity leave because they value and want to retain their talent and skills. This is increasingly important at a time of a skills shortage and a competitive job market. This proactive approach is not just ethical; it’s strategic and sends a powerful message about your organisation’s values and commitment to employee wellbeing.

Read more:
New Report Sheds Light on Pregnancy and Maternity Discrimination

A startling statistic recently surfaced from the Office for National Statistics – despite 77% of unemployed autistic people being eager to work, only 29% are currently employed.

Hopefully, this figure will improve following the Government’s recently launched Buckland review, an initiative to improve employment prospects for autistic individuals.

You might wonder, ‘Why should this matter to me as a business owner?’. It matters because you could be missing out on a wealth of untapped talent.

Top-tier employers like EY, JP Morgan Chase, SAP, and Autotrader have long recognised and reaped the benefits that neurodiverse employees bring to their teams. For instance, an internal analysis by JP Morgan Chase highlighted their autistic employees’ output was equal in quality but 48% more productive than their neurotypical counterparts.

Understanding the Buckland Review

Sir Robert Buckland is leading the review with support from the Department for Work and Pensions and Autistica, a renowned charity. His recommendations are expected in September 2023, and the review will examine the following:

• Ways to identify and support current autistic employees;
• Techniques to prepare autistic individuals to join or return to work;
• How to adapt work practices and initiatives to reduce stigma and boost the productivity of autistic employees.

What does this mean for you, the employer?

You are not just an observer in this process. The review encourages employers to re-evaluate their workplaces, identify potential barriers, and innovate their ways of working. The potential benefits are enormous:

• Autistic individuals get a supportive platform to flourish and reach their potential;
• Employers gain a competitive edge by benefitting from autistic individuals’ strengths and perspectives;
• Collectively, we boost the economy.

Navigating Autism and the Law

Autism is a spectrum condition affecting each individual differently. The condition is lifelong, and if it “has a substantial and long-term adverse effect” on an individual’s “ability to carry out normal day-to-day activities”, it will amount to a disability under the Equality Act 2010. Accordingly, employers must make reasonable adjustments where they know (or could reasonably be expected to know) that the individual has a disability and is likely to be placed at a substantial disadvantage compared to others who do not have a disability.

Empowering Autistic Employees: A Practical Approach

The path to inclusivity begins at the recruitment stage. Here are some simple steps you could take:

• Write clear, simple job descriptions with the necessary skills specified and consider using images;
• Engage with candidates pre-interview, offering necessary adjustments;
• Consider alternative interview formats like practical tasks or work trials;
• Be flexible with interview environments – offer online interviews, and provide quiet spaces;
• Ask questions sequentially during interviews to prevent information overload.

Support doesn’t stop at recruitment. During employment, engaging in regular dialogue with autistic employees and providing necessary training to neurotypical colleagues can foster a healthy and inclusive work environment.

For example, while hot-desking is a modern trend, it might unsettle an autistic individual. So be prepared to offer alternatives like allocated desks and consider developing a neurodiversity policy.

We eagerly await the results of the Buckland review, but in the meantime, these are tangible steps you can implement to support neurodiverse employees and boost your business.

Seek Support: We’re in This Together

To ease your journey, numerous support networks are available to help employers, such as the National Autistic Society and Autistica. They offer invaluable guidance on best working practices and can advise on becoming a more inclusive employer.

Remember, by embracing neurodiversity, you’re not just creating employment opportunities but opening your business to untapped potential and creativity.

Read more:
Unleashing Potential: Improving the employment prospects of autistic people

More and more employers are taking action to support staff going through menopause.

This is partly due to high-profile campaigns from trade unions and celebrities; it’s also because menopause affects such a significant section of the workforce that it’s become impossible to ignore.

In fact, around 13 million people are currently peri or menopausal in the UK, equivalent to a third of the entire UK female population. But it is important not to fall into the trap of thinking that menopause only affects older female staff.

This issue affects a wide range of the workforce in terms of age because someone may experience premature menopause, medically induced (temporary) menopause or surgical menopause. In addition, the issue also affects transgender, non-binary and inter-sex staff.

Many employees sadly maintain silence around their experiences of menopause. This is partly due to a fear of ageism and losing their jobs or status if they admit to some common consequences of menopause, including brain fog and hot flushes.

Cost of Menopause to business and the economy

Women over 50 are the fastest-growing group in the workforce, and many are highly skilled and at the peak of their careers.

Research by the CIPD in 2021 found that six in ten working women experiencing menopause said it negatively impacted them at work. In addition, one in ten women leaves their job because of menopausal symptoms, while one in five women do not seek the promotion they deserve because of a loss of confidence linked to their menopause transition. Consequently, there are potential knock-on effects on the gender pay gap, the pension gap and the number of women in senior leadership positions.

The legal position

Menopause is not a “protected characteristic” in the Equality Act 2010. Earlier this year, the Government confirmed it would not be making any changes to the Act, and menopause would not become a new “protected characteristic”, which was disappointing for those who had campaigned for that change. The Government believes that the existing protected characteristics of sex, age and disability already protect against discrimination and harassment due to menopause.

What are my legal duties as an employer?

Employers have a legal duty to prevent workplace discrimination and harassment. Employers also have a duty to protect their employees’ health, safety and welfare and assess workplace risks. If the individual has a disability, the obligation to make reasonable adjustments may arise.

How can I best support staff going through menopause?

Many responsible employers are already taking steps to break the taboo and support staff going through menopause by encouraging open conversations, covering menopause during the induction processes and appointing workplace menopause champions. Others have implemented a menopause policy and held regular training sessions to educate staff. Employers can also look at adjusting sickness policies to address menopause-related absences.

For example, policies with “trigger points” (when several short-term absences trigger a performance review or disciplinary action) have a particular impact on menopausal employees.

Other proactive approaches can include setting up informal support networks such as menopause cafes and signposting to further support for those experiencing debilitating symptoms.

Some employers already provide access to menopause clinics and app-based services. Other measures may include more flexible working, such as changing shift patterns and altering start times.

Employers can also improve the working environment for people experiencing menopause. Such measures can include providing access to fans and good ventilation to help combat hot flushes, the ability to control workplace temperature and making adjustments to staff uniforms which may cause discomfort.

Extensive guidance is available for employers from organisations including ACAS, CIPD, Over the Bloody Moon, Menopause Support and Menopause Matters UK.

There are many benefits for employers in taking a more proactive approach towards menopause. By fostering safer and fairer workplaces for people working through menopause, employers are more likely to retain the talents of experienced and skilled workers while boosting morale and well-being in their team.

Read more:
How employers can support staff going through menopause