Consultation launched on Code of Practice for Service Providers, Public Bodies and Associations
The Equality and Human Rights Commission (EHRC) has launched a consultation on an updated Code of Practice for Service Providers, Public Bodies and Associations. The Code explains the detailed legal requirements and practical steps in relation to discrimination, harassment, and victimisation and has been updated to reflect significant developments in legislation and case law since it was first published in 2011. It now includes, for example, recent case law on philosophical belief and indirect discrimination, as well as the EHRC’s technical guidance on age discrimination. Feedback on the new Code is being requested to help ensure that it includes all new law and associated impacts, and is sufficiently clear and user-friendly. An online survey to provide feedback will be open until 5:00 PM on 3 January 2025.
New guidance published on providing support for disabled workers with hybrid working
The EHRC has also published new guidance on supporting disabled workers with hybrid working. This is aimed particularly at small and medium-sized employers. The guidance reminds employers that all legal obligations relating to disabled workers continue to apply when they are working from home and provides practical recommendations for all stages of the employment and recruitment process. Reasonable adjustments, such as digital support, specialist equipment, travel arrangements, or adapted office furniture, should be monitored and reviewed regularly with the employee and reconsidered whenever there is a change in circumstances. The guidance also includes examples of questions to ask employees about their health and potential adjustments, together with useful practical case studies.
Non-statutory guidance for employers on distributing tips fairly
On 27 September 2024, the government published non-statutory guidance for employers on distributing tips fairly. This coincides with the new legal requirements on tipping and service charges set out in the Employment (Allocation of Tips) Act 2023 and the statutory Code of Practice on Fair and Transparent Distribution of Tips which came into force on 1 October 2024. The non-statutory guidance is aimed at helping employers apply the statutory Code of Practice, which must be taken into account by Employment Tribunals in relevant cases. It is fairly brief and clarifies how to deal with agency workers, confirms that tips cannot be pooled across multiple sites or branches and stresses that all workers involved in directly providing a service to customers must be considered in the distribution of tips. A template tipping policy and tipping record are also provided. Tribunals can order compliance with the legal requirements as well as award compensation of up to £5,000 per worker to compensate for financial loss.
New growth and skills levy to replace current apprenticeship levy
The government has announced that a new growth and skills levy will be introduced to replace the current apprenticeship levy. This announcement was made alongside the publication of the first report by Skills England, the new arms-length government body which was set up in July 2024 to tackle skills shortages and support sustained economic growth. The growth and skills levy will be focused on young people, and employers will be asked to fund more of their Level 7 apprenticeships outside of the levy system. New foundation apprenticeships will help address the skills gaps identified by Skills England. Businesses will also be able to use funds for shorter apprenticeships rather than only for training lasting for at least 12 months as at present. The types of training eligible for funding under the new levy will develop over time, informed by Skills England’s assessment of nationwide skills gaps and needs. Further details on the proposals will be provided in due course by the Department for Education.
Public Authority Algorithmic and Automated Decision-Making Systems Bill introduced
A Private Members’ Bill introduced by Lord Clement-Jones into the House of Lords aims to regulate the use of automated and algorithmic systems in decision-making processes in the public sector (Public Authority Algorithmic and Automated Decision-Making Systems Bill). Private Members’ Bills do not usually become law, but often stimulate debate and exert influence on key issues. The Bill would require public authorities to complete an algorithmic impact assessment prior to implementing any new system. This would have to set out relative benefits and risks of the system; the steps being taken to minimise risks; an independent external scrutiny of efficacy and accuracy; and a bias assessment to ensure compliance with the Equality Act 2010 and the Human Rights Act 1998. Public authorities would also be required to complete an algorithmic transparency record providing a detailed explanation of the system, including technical specifications; how it is being used in practice to inform administrative decisions; and how human oversight will work in practice. All AI systems used by a public authority would have to be capable of scrutiny and a public register would have to be kept of decisions made. The Bill would also require the government to establish an independent dispute resolution service for challenging and providing redress for decisions made by AI systems.
Fair Reward Framework launched by The High Pay Centre
The High Pay Centre has collaborated with a number of investors to launch the Fair Reward Framework, a free online tool providing comparison data for the pay policies of FTSE 100 companies. Assessments of 65 companies have already been published, with data on the remaining companies to be available by early 2025. Annual corporate pay policies and practices are assessed using a 30-indicator framework which includes CEO pay awards, pay gaps and ratios, pay scrutiny processes such as worker consultation, the extent of trade union coverage, and the results of recent shareholder AGM votes. Key trends observed in the firms analysed to date include: 40% have disclosed their ethnicity pay gap; only 6% disclosed details of any meaningful consultation with their workforce during executive pay setting; and only 22% provided evidence of the proportion of their workforce covered by trade union membership or a collective bargaining agreement. The Fair Reward Framework anticipates expanding to a wider range of companies, including those from other markets, at a later stage.
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