<h1 id="b81ecb54-a2f4-41d8-9114-52a2c1c35a4d" data-toc-id="b81ecb54-a2f4-41d8-9114-52a2c1c35a4d">1. Right to claim unfair dismissal will apply after six months of Service </h1>The Employment Rights Bill (ERB) is finally moving forward after the government agreed to forego a manifesto pledge that employees would be given a day one right to claim for unfair dismissal.Having faced opposition from the House of Lords and employer groups - the government has amended the bill so that the new legislation which will now grant employees the right to bring a claim for unfair dismissal after six months service. Also, the previous suggestion of a “light touch” dismissal process in the first nine months will not be proceeding.This means employers can apply their probation review processes and dismiss a new starter within six months if they are not meeting the requirements of their role.However, there will still be new day one rights coming into effect.<h2 id="5b7526f0-7bb7-47b8-84d4-1f5eca74035e" data-toc-id="5b7526f0-7bb7-47b8-84d4-1f5eca74035e">Statutory Sick Pay</h2>From April 2026 - employees will be entitled to statutory sick pay from day one of employment and from day one of a sickness absence with the three “waiting days” being removed.<h2 id="4bea67ff-508f-4987-9dc4-5fadd02601c0" data-toc-id="4bea67ff-508f-4987-9dc4-5fadd02601c0">Paternity Leave</h2>From April 2026 - employees will be able to give notice and take paternity leave from their first day in a new role.<h1 id="c8922528-0557-41d8-9f28-7d42c939af6e" data-toc-id="c8922528-0557-41d8-9f28-7d42c939af6e">2. New employer to notify employees of right to join a union</h1>The ERB will introduce a new duty on employers to provide employees with a written statement setting out their right to join a trade union. Under the legislation employers will be required to write to existing employees and state they have the right to join a union.We understand that the government will be providing a “standardised statement” which employers can include when writing to their employees to explain their right.New employees must be issued with a “statement” at the same time as they receive their written statement of employment particulars. This means that the “statement” needs to be issued by no later than day one of employment thereby aligning with when employment contracts must also be issued to new starters. There will be an ongoing requirement to inform existing employees of their right to join a union.Consultation for how and what this will look like are ongoing.We expect employers to be required to issue annual reminders to employees (e.g. letters, emails, etc). In addition, employers can communicate details of the right to join a union on their intranets, notice boards, newsletters, etc., so they can evidence that they are fulfilling their duty.This new duty is expected to be brought into force by October 2026.<h2 id="928975e9-2e5d-4f3f-b2e4-fcb4281d85fd" data-toc-id="928975e9-2e5d-4f3f-b2e4-fcb4281d85fd">You might be wondering why this is necessary?</h2>Well, the rationale is that the Government considers that a lack of awareness amongst employees of their right to join a trade union is contributing to a decline in trade union membership.In 2024, union membership was at 22% of UK employees which is the lowest level on record. The new duty is intended to address this issue. The aim being that increased employee awareness will lead to increased trade union membership “and establish a more level playing field for workers.”<h2 id="8fb65014-ee98-400d-a268-062d7c377024" data-toc-id="8fb65014-ee98-400d-a268-062d7c377024">Consequences of failing to notify employees of their right to join a Union?</h2>Employees will not be able to bring a standalone claim at an Employment Tribunal. However, if an employee succeeds with another claim, any failure to notify (i.e. of the right to join a union) may result in an award of between two and four weeks’ pay.We will be sending further updates via e-bulletins as we receive further details on the ERB.Sourced by: Gavin Parrott

The Employment Rights Bill (ERB) is finally moving forward after the government agreed to forego a manifesto pledge that employees would be given a day one right to claim for unfair dismissal.

Employment Rights Bill Update

The government has announced the new statutory pay rates that will come into effect from 06 April 2026.Statutory maternity, paternity, adoption, shared parental, neonatal care and parental bereavement leave pay rates will all increase from £187.17 to £194.32 per week.Statutory Sick Pay rates will increase from £118.75 to £123.25 per week.<h2 id="88c00f7e-8590-4113-ba4a-4a967589d507" data-toc-id="88c00f7e-8590-4113-ba4a-4a967589d507">2026 Increases to National Minimum Wage and Living Wage rates</h2>The government has announced the new National Minimum Wage and National Living Wage rates that will come into effect from 01 April 2026.<h3 id="f8f67037-d5f3-40f0-bee8-e1dbea4f4663" data-toc-id="f8f67037-d5f3-40f0-bee8-e1dbea4f4663">The new hourly rates will be:</h3><table style="minWidth: 50px"><colgroup><col><col></colgroup><tbody><tr><td colspan="1" rowspan="1">21 and over</td><td colspan="1" rowspan="1">£12.71</td></tr><tr><td colspan="1" rowspan="1">18- 20 years old</td><td colspan="1" rowspan="1">£10.85</td></tr><tr><td colspan="1" rowspan="1">Under 18s</td><td colspan="1" rowspan="1">£8.00</td></tr><tr><td colspan="1" rowspan="1">Apprentices</td><td colspan="1" rowspan="1">£8.00</td></tr></tbody></table>Sourced by: Gavin Parrott

The government has announced the new statutory pay rates that will come into effect from 06 April 2026.

2026 increases to statutory pay rates

Awaab’s Law came into force on 27 October 2025, and it’s already reshaping how social landlords and contractors manage housing conditions across England. The law brings in strict, legally binding timescales to make sure serious hazards - especially damp, mould, and emergency risks - are dealt with quickly and effectively.If you’re a landlord, contractor, or part of a housing safety team, these new requirements will directly impact how you work, how you manage repairs, and how you communicate with tenants.<h2 id="2be65c28-b28b-4f59-9d0c-5f0233aea07b" data-toc-id="2be65c28-b28b-4f59-9d0c-5f0233aea07b">Here’s what the law now expects from you:</h2><ul><li>Investigate significant damp and mould concerns within ten working days of being made aware</li><li>Make homes safe within five working days when an investigation confirms a serious risk</li><li>Provide a written report to tenants within three working days, explaining what you found and what happens next</li><li>Complete emergency repairs within 24 hours where there is immediate danger</li><li>Offer temporary alternative accommodation when a home cannot be made safe within the legal deadlines</li></ul>These aren’t just best-practice recommendations - they are legal duties. Non-compliance can lead to enforcement action, compensation claims, reputational damage, and significant financial consequences.<h2 id="be1edbf5-5c61-4d3f-8396-eda0f480b94c" data-toc-id="be1edbf5-5c61-4d3f-8396-eda0f480b94c">Useful resources</h2>We’ve created a Awaab’s Law Video Toolbox Talk - explaining the key duties and timescales in a clear, accessible way.<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.youtube.com/watch?v=1clESZJP0V0">Click here</a> to watch the toolbox talk video.Our one-day HHSRS course is designed to give you the knowledge and tools to avoid compliance pitfalls and stay confident in your housing safety decisions.<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/courses/housing-health-and-safety-rating-system">Click here</a> to find out more and book your spot on one of our courses.<h2 id="0ae55b7f-6131-4c2a-9982-8c9dc5abefb9" data-toc-id="0ae55b7f-6131-4c2a-9982-8c9dc5abefb9">A quick breakdown of the requirements</h2><table style="minWidth: 183px"><colgroup><col style="width: 158px"><col></colgroup><tbody><tr><td colspan="1" rowspan="1" colwidth="158" style="padding:.75pt .75pt .75pt .75pt">Topic</td><td colspan="1" rowspan="1" style="padding:.75pt .75pt .75pt .75pt">Key highlights</td></tr><tr><td colspan="1" rowspan="1" colwidth="158" style="padding:.75pt .75pt .75pt .75pt">Awaab’s Law (Phase 1)</td><td colspan="1" rowspan="1" style="padding:.75pt .75pt .75pt .75pt">24-hour emergency response; damp and mould investigations within 10 days; tenant summary within three days; fix within five days (or 12-week max).</td></tr><tr><td colspan="1" rowspan="1" colwidth="158" style="padding:.75pt .75pt .75pt .75pt">Rollout timeline</td><td colspan="1" rowspan="1" style="padding:.75pt .75pt .75pt .75pt">2025: Damp, mould, emergencies2026: Additional hazards2027: All HHSRS hazards (except overcrowding).</td></tr><tr><td colspan="1" rowspan="1" colwidth="158" style="padding:.75pt .75pt .75pt .75pt">Enforcement</td><td colspan="1" rowspan="1" style="padding:.75pt .75pt .75pt .75pt">Tenants can pursue legal action; Housing Ombudsman and Regulator have strengthened enforcement powers.</td></tr><tr><td colspan="1" rowspan="1" colwidth="158" style="padding:.75pt .75pt .75pt .75pt">Action steps</td><td colspan="1" rowspan="1" style="padding:.75pt .75pt .75pt .75pt">Train staff, update procedures, put tracking systems in place, prepare for phased rollout</td></tr></tbody></table>&nbsp;

Awaab’s Law came into force on 27 October 2025, and it’s already reshaping how social landlords and contractors manage housing conditions across England.

Awaab’s Law: what this means for you as a landlord or contractor

Recent research has shown that between 2017 and 2024 the number of race discrimination claims has tripled. The primary reasons are likely to be increased awareness by employees of legal protections and a growing willingness to call out both blatant and “unconscious” bias.In this article we will look at what employers can learn from two recent cases.<h3 id="854565ea-11b2-4227-bbe5-2316326661be" data-toc-id="854565ea-11b2-4227-bbe5-2316326661be">Accents and harassment</h3>In the case of Miss Carozzi vs University of Hertfordshire, an Employment Appeal Tribunal (EAT) found that comments about an employee’s accent was harassment related to race. In the case Carozzi, who is a Brazilian Jew, argued that comments by colleagues saying she was “hard to understand” violated her dignity.The EAT found that an accent may form a key part of a person’s national or ethnic identity. It found that harassment does not require discriminatory intent. Instead, a comment only needed to be related to race and be considered as offensive for it to be deemed as harassment.<h3 id="98c249f0-a0c4-44e7-bdc3-3a4230d13f8c" data-toc-id="98c249f0-a0c4-44e7-bdc3-3a4230d13f8c">Learning for employers</h3><ul><li>Focus on prevention by conducting awareness training for all employees.</li><li>Training needs to begin at induction to set the culture and standards from day one.</li><li>Make awareness training an annual occurrence.</li><li>Assess how employees demonstrate respectful behaviours during annual reviews.</li><li>Consider implementing company values that underpin interactions as all levels.</li></ul>By taking these actions, an employer can demonstrate they have taken all reasonable steps to prevent harassment.<h3 id="84d8433b-968b-4a51-9a1c-6c451c444cc1" data-toc-id="84d8433b-968b-4a51-9a1c-6c451c444cc1">Company cultures which tolerate racist comments</h3>In a second case, Mr Mbonu successfully claimed at tribunal that his employer, the Secretary of State for Justice, had tolerated a culture where employees openly made racist remarks without consequence.He argued that the acceptance of this culture led to a situation where allegations of misconduct against him resulted in him being dismissed for gross misconduct but other employees who faced similar allegations received lesser sanctions.Mr Mbonu successfully argued that this inconsistency demonstrated less favourable treatment due to race.<h3 id="6e9b3f9a-bf29-4469-ad47-73e6d61ae873" data-toc-id="6e9b3f9a-bf29-4469-ad47-73e6d61ae873">Learning for employers</h3>Consistency - The case of Mr Mbonu emphasises the need for consistency in how employers address concerns about conduct and performance. Employers need to adhere to their own disciplinary and capability processes to reduce the risks of employers claiming they are acting without consistency.The need for consistency equally applies to decisions on recruitment, promotion and training.Embed policies – Employers need to ensure that their harassment and bullying policy is reissued annually to employees and that awareness is reinforced. This can be through toolbox talks, team discussions, workshops or talking through real tribunal cases and what the team can learn from them.Role model behaviours – Employers need to ensure that leaders role model the correct behaviours and demonstrate there can be no tolerance of racism.Culture – The case of Mr Mbonu shows the importance of addressing a culture where harassment is tolerated. Incidents of harassment must be investigated and appropriate internal action taken against perpetrators. Otherwise company directors and organisational leaders risk tribunals and costly legal expenses.

Recent research has shown that between 2017 and 2024 the number of race discrimination claims has tripled.

Preventing race discrimination – What employers can learn from recent tribunal cases

An employee’s dismissal for greeting a manager with the phrase “top of the morning to ya” has been found to be unfair at tribunal.In the case, Karl Davies, who worked for a ready meal manufacturer, greeted a manager with the phrase whilst assuming a mock Irish accent. At the time, the manager was escorting a visitor at the plant who had red hair. The company investigated the incident as alleged racial harassment.The manager appointed to investigate was one whom Mr Davies had raised a grievance against, which was still unresolved when the process began.The tribunal judge noted that Mr Davies manner and use of the accent was “reprehensive, mocking and goading” and noted that he did not approve of the mocking nature of the greeting, but he did not find that Mr Davies purpose had been to racially harass his manager.The judge found the investigation to be fundamentally flawed though a lack of impartial investigation that directly contributed to the unfair decision to dismiss Mr Davies for harassment.The company had also ignored Mr Davies previous clean disciplinary record and 27 years of employment with the company. The judge ruled that Mr Davies should be awarded £16,500 in compensation.<h3 id="d9e44aaa-4a2d-45a5-a690-0fe4252cc4c4" data-toc-id="d9e44aaa-4a2d-45a5-a690-0fe4252cc4c4">Learning for employers</h3><ul><li>Arrange annual refresher training on harassment and bullying that always covers the need for respectful and inclusive language and terms. Ensure staff at all levels understand that it is not appropriate to make jokes or comments that might be perceived by the recipient as culturally insensitive.</li><li>During training give employees examples of harassment. Provide examples of jokes that would be perceived as racist, sexist, homophobic or ageist. Discuss derogatory or stereotypical remarks about a particular ethnic or religious group, religion or belief, or gender.</li><li>Remind employees that harassment includes unwanted conduct which can include physical gestures or mimicry.</li><li>Ensure your bullying and harassment policy is reissued each year alongside refresher training or toolbox talks.</li><li>Conduct mandatory training or employees involved in incidents in the workplace. Managers should also receive specific training on how to deal with disciplinary procedures and be informed on how to escalate appropriately.</li><li>Ensure an independent manager with necessary skills and experience is appointed to investigate more serious misconduct allegations.</li><li>Consider the length of an employee’s service and clean disciplinary record when deciding on the appropriate sanction at a disciplinary hearing.</li></ul>

An employee’s dismissal for greeting a manager with the phrase “top of the morning to ya” has been found to be unfair at tribunal. 

Tribunal grants £16k to man dismissed over mock Irish accent

As we move through the second half of 2025, UK employers have been, and continue to, navigate a busy year of HR and safety compliance. From new employee rights to major regulatory reforms, the pace of change is accelerating, and the cost of falling behind is significant.Here we summarise three key changes from the year so far and highlight two important upcoming developments. These changes illustrate the breadth of compliance responsibilities facing employers and the importance of proactively reviewing policies, training, and risk assessments. For organisations needing guidance, SSG’s Consultancy and ADVISOR services provide tailored advice and support – <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/advisor">find out more here</a>.<h3 id="c5ee7a70-d228-495d-9e08-ef112e429e80" data-toc-id="c5ee7a70-d228-495d-9e08-ef112e429e80" style="text-align: justify">Neonatal care leave and pay – a landmark for working parents</h3>Since 6 April 2025, employees whose babies require neonatal care within the first 28 days of birth and have a continuous stay in hospital of seven days or longer, are now entitled to up to <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.gov.uk/neonatal-care-pay-leave">12 weeks of statutory Neonatal Care Leave</a>. This is a landmark policy, offering crucial support for parents during some of the most stressful weeks of their lives. For employers, HR systems, payroll software and line manager guidance must already reflect these entitlements. Failure to pay correctly risks not only tribunal claims but reputational damage. This policy builds on a wider legislative drive seen in recent years - from <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.gov.uk/government/news/parents-to-receive-day-one-right-to-neonatal-care-leave-and-pay">Shared Parental Leave</a> to enhanced <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.gov.uk/government/news/millions-to-benefit-from-new-flexible-working-measures">flexible working rights</a>.<h3 id="667baf28-4b1d-4189-95e0-4d7f32bde2a6" data-toc-id="667baf28-4b1d-4189-95e0-4d7f32bde2a6">National minimum and living wage - keeping pay policies up to date</h3>In April 2025, new statutory pay rates came into effect. <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.gov.uk/national-minimum-wage-rates">The National Living Wage (NLW)</a> was uplifted once again, alongside adjustments to Statutory Sick Pay (SSP), which now stands at £118.75 per week.For payroll teams, these updates interact directly with neonatal leave entitlements, the <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/updates/employment-rights-bill-update">Employment Rights Bill</a>, and other statutory rights. Errors can quickly snowball, creating unlawful deduction claims and reputational risks. In 2024, <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.gov.uk/government/news/over-500-companies-named-for-not-paying-minimum-wage">HMRC named and shamed over 500 employers</a> for failing to pay the minimum wage, with arrears totaling nearly £16 million.<h3 id="a7807e17-9bf0-4a96-9f93-8999bedcd396" data-toc-id="a7807e17-9bf0-4a96-9f93-8999bedcd396">Failure to Prevent Fraud law - preparing for a new compliance duty</h3>On 1 September 2025, the government’s long-anticipated <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/updates/forthcoming-legislation-the-failure-to-prevent-fraud-law">Failure to Prevent Fraud law</a> will commence, creating a new corporate offence where organisations can be held liable if they fail to prevent fraud committed by employees or agents for their benefit. This forms part of the wider Economic Crime and Corporate Transparency agenda.In practice, this means large organisations must review their fraud risk assessments, staff training, reporting channels, and internal controls – as highlighted by the <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.cps.gov.uk/cps/news/organisations-must-prepare-now-new-fraud-prevention-law">CPS</a>.Employers are strongly advised to prepare now. At SSG we have highlighted the importance of readiness – <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/updates/forthcoming-legislation-the-failure-to-prevent-fraud-law">read our update on the Failure to Prevent Fraud Law</a> which explores this more in detail.<h3 id="33f053bd-50de-4161-882b-c560b95f902d" data-toc-id="33f053bd-50de-4161-882b-c560b95f902d">Fire safety - strengthening the regulatory framework</h3>In March 2025, amendments were made to <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.gov.uk/government/publications/fire-safety-approved-document-b">Approved Document B</a>, which sets out guidance on meeting the requirements of Building Regulations in England. Among the most notable changes is the requirement for sprinklers in all new care homes, alongside tightened standards for fire resistance classifications and clearer handover duties for fire safety information at completion.This is the latest in a series of reforms following Grenfell, including the <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.gov.uk/government/publications/fire-safety-act-2021/fire-safety-act-2021-factscheet-information-on-commencement-of-sections-1-and-3-of-the-fire-safety-act">Fire Safety Act 2021</a>, the <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.gov.uk/government/news/new-fire-safety-guidance-comes-into-force-on-1-october-2023">Building Safety Act 2022</a>, and the creation of the <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.hse.gov.uk/building-safety/regulator.htm">Building Safety Regulator in 2023</a>.<h3 id="8bc5e61c-1a9f-47eb-ab2a-ea8125d3000e" data-toc-id="8bc5e61c-1a9f-47eb-ab2a-ea8125d3000e">Furniture and furnishings (fire) regulations - a short compliance window</h3>Coming into force on 30 October 2025, the <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.gov.uk/government/publications/furniture-and-furnishings-fire-safety-regulations/furniture-and-furnishings-fire-safety-amendment-regulations-2025-uk">Furniture and Furnishings Regulations 2025</a> modernise flammability requirements for upholstered furniture and furnishings.The compliance window is short, raising implications for manufacturers, retailers, and both <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.legislation.gov.uk/uksi/1988/1324/contents">commercial and domestic accommodation providers</a>. Such organisations have only a few months to audit supply chains, test products, and update records in order to ensure items meet the new standards from October 30th.<h3 id="bc993853-f8fa-4fb7-9e1e-f24803c6be24" data-toc-id="bc993853-f8fa-4fb7-9e1e-f24803c6be24">The bigger picture - from HR rights to safety standards, and beyond</h3>When viewed together, these five developments illustrate the wide scope of responsibilities facing UK employers in 2025 - from HR entitlements and pay rates, to fire safety obligations and fraud prevention.Each reform strengthens protections for people, and proactive employers who update systems, policies and training will avoid penalties whilst leading safer, fairer workplaces.Looking for guidance and support? We can provide tailored consultancy and ongoing compliance advice through our <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/advisor">ADVISOR membership</a> schemes and range of <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/consultancy">consultancy services</a>. Get in touch with one of our team today on 01752 201616 or <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="mailto:info@ssg.co.uk">info@ssg.co.uk</a> to discuss your requirements.

Summarising key updates to employment, health and safety, and HR legislation in the UK this year.

Staying ahead of the curve: Key employer duties in 2025

Constructive dismissal occurs when an employee, with at least two years’ service, resigns because they believe their employer has breached the employment contract, such as when a change of terms is enforced without consultation.But the breach can occur in a more subtle way such as when an employer breaches an “implied” term. One such an implied term is “trust and confidence” which is a mutual obligation between employer and employee.If an employee believes their employer has breached their trust and confidence they can bring a claim for constructive dismissal.Recent tribunal cases have highlighted examples of employer breaches of trust and confidence. These include:<ul><li>An employer hiring a permanent replacement for an employee off sick receiving treatment for cancer.</li><li>A final straw incident (relatively minor on its own) that triggered an employee resignation after a long series of incidents.</li><li>A nurse resigning after years of bullying by a colleague. The acts of bullying by the colleague included not greeting her in the morning and excluding her from tea rounds. The employer failed to deal with the breakdown in the employees’ relationship as they tolerated the bullying.</li><li>The specific desk an employee was asked to sit at contributed to a finding of constructive dismissal as it was seen as symbolically representing a demotion. The employer also made threats of disciplinary action and failed to communicate around changes to the employee’s role and working conditions.</li></ul><h3 id="d3f4fee9-a67f-4662-afda-71405633130c" data-toc-id="d3f4fee9-a67f-4662-afda-71405633130c">Learning for employers</h3><ul><li>Ensure there are clear lines of communication available to all employees to raise and discuss concerns freely</li><li>Ensure managers are aware of and address workplace issues and friction</li><li>Respond promptly, fairly and effectively when complaints and grievances are raised</li><li>Ensure support is offered to complainants and those affected by difficulties at work</li><li>Ensure policies, procedures and training which relate to culture, behaviours, grievances and discipline are up to date, accessible to all and easy to understand</li></ul>

Constructive dismissal occurs when an employee, with at least two years’ service, resigns because they believe their employer has breached the employment contract.

Did you know employees can claim unfair constructive dismissal if they feel their employer forced them to leave?  

Hopefully most of our clients will know that asking an interviewee “are you pregnant?” or “how old are you?” is opening the door wide to claims of discrimination. But there are other questions that employers may want to ask where the question of legality is less clear cut.A starting point for considering if your intended questions might be discriminatory is to consider if they relate to one of the nine protected characteristics. These are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief and sexual orientation. Questions that probe into these areas, either directly or indirectly, are likely to be discriminatory and should be avoided.Here are some of the questions that you might want to ask a candidate but which could be construed as discriminatory and also the safer alternatives to ask:<ol><li>“What are your childcare arrangements?”Questions on childcare arrangements can lead to discrimination based on sex, pregnancy and maternity.<ul><li>Ask instead – “Are you able to meet the attendance requirements of this position?”</li></ul></li><li>“How many sick days did you take in your last job?”Questions on sickness are indirectly checking on a candidate’s health status and if they are disabled. A high level of sickness absence could be due to a long-term health condition that qualifies as a disability.<ul><li>Ask instead – “Are you able to meet the attendance requirements for this role?”</li></ul></li><li>“What school did you go to?” or “What neighbourhood did you grow up in?”Such questions can be used to infer race, socio-economic background or religion. Asking about a school can inadvertently reveal protected information such as a candidate’s religion or belief.<ul><li>Ask instead - “Can you tell me about your educational background and any qualifications relevant to this role?”</li></ul></li><li>“Are you a member of a trade union?”Asking about trade union membership is a breach of the Trade Union and Labour Relations Act 1992, which makes it illegal to discriminate based on union membership.<ul><li>There is no legal way to ask about union membership during recruitment.</li></ul></li><li>“Do you drink alcohol or take drugs?”Questions that delve into private lifestyle choices can be discriminatory under the protected characteristic of disability. Addiction can be considered a disability.<ul><li>Ask instead – “This role requires strict adherence to our drug and alcohol policy. Are you able to comply with this policy?”</li></ul></li></ol>You can read the full article about illegal job interview questions <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://hrnews.co.uk/expert-warns-to-not-ask-these-illegal-job-interview-questions/">here</a>.Source: Gavin Parrot

Asking an interviewee “are you pregnant?” or “how old are you?” is opening the door wide to claims of discrimination. 

Illegal job interview questions and the lawful alternatives

A warehouse worker who was accused of being a fraudster and faking the extent of his back pain was unfairly dismissed by his employer when they decided not to authorise health cover payments after occupational health found he was unfit for work.In the case, Mr Wilson was claiming 70% of his salary under his employer’s insurance policy whilst unfit for work. The employer, Aliaxis, appointed a private investigator to check the extent of Mr Wilson’s back problems. The investigation provided Aliaxis with video clips showing Mr Wilson “moving freely” and tracked him walking at a “brisk pace” of 4mph which they found to be inconsistent with someone with significant injuries.The employer told their insurer to cease health cover payments because of concerns about Mr Wilson’s alleged fraudulent behaviours.During a subsequent capability process an Occupational Health (OH) Assessment was conducted which found Mr Wilson unfit and not capable of returning to work for at least three months. Mr Wilson was subsequently dismissed “because of his ongoing medical condition and inability to fulfil his contract obligations”.<h2 id="684d415a-0960-403f-863e-571ababdf7ef" data-toc-id="684d415a-0960-403f-863e-571ababdf7ef">Tribunal findings</h2>The Tribunal found that:<ul><li>Any reasonable employer, on receiving the OH report, would have contacted their insurer about resuming sickness absence payments.</li><li>Mr Wilson’s dismissal was unfair because Aliaxis “could not” dismiss for capability without first exploring if payments from the insurer should be reinstated.</li><li>Aliaxis should have given the insurer a copy of the OH report and asked them to consider resuming payments to Mr Wilson.</li></ul><h2 id="a8e27b19-c2ff-4f49-9ccf-740e764eaa58" data-toc-id="a8e27b19-c2ff-4f49-9ccf-740e764eaa58">Learning for employers</h2>The key learning points for employers from this case are:<ul><li>Decisions on employee disability and illness must be made based on facts and not “rumours, gossip or assumptions”.</li><li>Do not pre-determine if someone is telling the truth without first obtaining sufficient evidence.</li><li>Seek out professional support such as OH if in doubt about an employee’s health claims.</li><li>Explore all available options before a dismissal.</li><li>Consider if your health insurance scheme (if you have this option) can help an employee to remain in employment.</li></ul>A more detailed article about this case can be found <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.peoplemanagement.co.uk/article/1929328/warehouse-worker-accused-faking-disability-secretly-filmed-unfairly-dismissed-tribunal-rules">here</a>.

A warehouse worker who was accused of being a fraudster and faking the extent of his back pain was unfairly dismissed by his employer when they decided not to authorise health cover payments.

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