Our monthly employment law update brings our clients the latest top picks of employment law developments that may affect your business.

Remember though, we’re always here to answer any questions you have and to help you navigate the wondrous world of employment law in managing your people!

This month we cover:

1. New Acas Mental Health Guidance: Reasonable Adjustments
2. Equality Act 2010: Definition of ‘sex’ should mean ‘biological sex’
3. All tips to go to Workers
4. Recommendations for better protection of Workers.
5. New Guidance on how to manage stress at work

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1. New Acas Mental Health Guidance: Reasonable Adjustments

Acas has launched new guidance on reasonable adjustments for mental health at work ffor both employers and workers, in conjunction with Affinity Health at Work.

Reasonable adjustments are changes an employer makes to remove or reduce a disadvantage related to someone's disability.

Disability is defined as a mental or physical impairment that has a substantial and long-term adverse effect on a person's ability to carry out day-to-day activities. Some people might not recognise their mental health condition as a disability, but it's important that employers are aware that it could be.

Employers must make reasonable adjustments when:

* they know, or could reasonably be expected to know, someone is disabled

* a disabled staff member or job applicant asks for adjustments

* someone who's disabled is having difficulty with any part of their job

* someone's absence record, sickness record or delay in returning to work is because of, or linked to, their disability

Reasonable adjustments are specific to an individual person. Here are some examples of adjustments for mental health that Acas have provided:

* reviewing tasks or deadlines to help someone have a reasonable workload while managing their mental health

* reviewing someone's responsibilities to reduce those that are more stressful – for example reducing phone calls or customer-facing work

* moving someone into a different role or department if their current job has a negative impact on their mental health

* agreeing a preferred communication method to help reduce anxiety – for example by avoiding spontaneous phone calls

* allowing someone to work from home to manage distractions or engage in activities that allow them to manage their mental health – for example, so they can take regular breaks without feeling other people are watching them

*r elocating someone's workspace to a quieter area to reduce sensory demands

* offering paid time off for someone to attend appointments in work time

* being flexible with 'trigger points' for absence so that someone is not disadvantaged by taking absence when they are unwell

* modifying supervision to provide regular check-ins, prioritising work and creating structure in the working day

* It's normal for people who are experiencing mental health problems to be unsure about what they need to manage their mental health. Therefore, it’s helpful to take a flexible approach, regularly monitoring and reviewing what works, and what doesn’t.

2. Sex & Gender definition in the Equality Act 2010.

Sex and gender can be a tricky subject these days, so the European Human Rights Commission (EHRC) has recommended that the definition of ‘sex’ in the Equality Act 2010 be clarified to avoid ambiguity.

They have recommended to the government that the definition of ‘sex’ should mean ‘biological sex’ and exclude ‘legal sex’ (superseding any gender reassignment certificate).

Let’s wait and see whether the government will act on the recommendation and amend current legislation. As we know it’s likely to be well debated given it’s such a controversial subject.

3. All tips to go to Workers

The Tipping Bill or the Employment (Allocation of Tips) Act 2023 comes into force in 2024. This means it’ll be unlawful for employers to withhold service charges so all tips will go to workers.

4. Recommendations for better protection for Workers

A report has been published by the Business, Energy and Industrial Strategy Committee (BEISC) to the government calling for better protections for workers.

One of the recommendations within the report is around more modern flexible working practices with new rights as follows:

* A right to have a secure contract after 26 weeks,

* A right to be given at least four weeks’ notice of work schedules and;

* A right to be given compensation when a shift is cancelled.

5. New Guidance on how to manage stress at work

Following a YouGov Poll which reported that 1 in 3 British workers don’t believe that organisations manage work-related stress well - Acas has published new guidance advising employers on how to manage stress at work.

The guidance includes advice on

* How employers can spot signs of stress.

* How employers can communicate effectively with employees.

* How employers can prevent work-related stress.

You can read the guidance by copying and pasting the below link into your browser: https://www.acas.org.uk/managing-work-related-stress

Disclaimer

The intention of this update is to give general information only and isn’t intended to be an exhaustive statement of the law. Although we’ve taken care over the information, you should not rely on it as legal advice. We do not accept any liability to anyone who does rely on its content.