The next 12 months are likely to create further challenges for businesses in terms of how they manage their people in light of changes to employment law.

Top of the list will be recruitment plans, and for some employers, how to reduce costs in their business.

Not to mention…organising the staff Christmas party!

Here are 4 things that HR professionals should be looking at in September 2024.

1. Managing underperformance

Ask your managers to identify any underperformers.

You should keep a record of service dates and probationary periods as the law is changing on employment law protection.  The government have made it clear that they will be introducing ‘Day 1 rights’ in relation to unfair dismissal protection. Whilst the finer details of these new laws have yet to be ironed out, we are expecting the advent of ‘Day 1 rights’ in the coming months.  Employers may consider some value in swiftly managing the exit of any underperformers with less than 2 years’ service before the new law comes into force.

Employers should always consider any risks around discrimination and advice should be taken.

2. Update your workplace policies

It is important to review your workplace policies on an annual basis.

Are there any gaps in your policies?

We have recently seen an upsurge in calls from clients in relation to ‘unofficial’ staff WhatsApp groups.  Not many employers have WhatsApp policies in place, and this may be a policy to consider.  Do you make it clear to your staff that content posted out of hours on personal devices is not in the course of employment?  If you don’t, you could potentially be liable for any claims resulting from offensive or inappropriate posts made by employees.

3. Are you prepared for the new statutory code on preventing sexual harassment at work?

October 2024 will herald the introduction of a new statutory code putting the emphasis on employers to prevent sexual harassment in the workplace.  Any compensation is likely to be increase by up to 25% for any employers who fail to comply with the code.

Employers can establish a statutory defence if they can demonstrate that they have taken all reasonable steps to prevent harassment from occurring in the workplace.  This consists of regularly training staff on your policies on sexual harassment, ensuring your policies are fit for purpose, communicating with staff and taking appropriate action in dealing with complaints of sexual harassment from staff.

4. Review employment contracts

Are your contracts compliant with the Good Work Plan 2020?

If your staff contracts have not been updated since 6 April 2020, the business could be at risk of claims for failure to provide the proper particulars of employment.

In terms of retention and protecting business interests (such as confidential information, know-how, customer connections, workforce stability), you should assess any post termination restrictions in the contracts of your key talent.  You may need to update these, particularly if there have been changes in the staff structures or in the event of promotions.

Finally, do you have signed contracts of employment on file? It is advisable to secure written evidence that the employee has agreed to the terms of the employment contract.

Contact our employment team on 0161 832 3434 or [email protected] for more information.