Irwin Mitchell | Employment Law Update

We round up the latest employment news.

Government considering a ‘sick note’ crackdown to get more people into work

The Department of Work and Pensions is looking at ways to reverse the rise in the number of people unable to work due to long-term sickness, according to the Telegraph newspaper. One idea under consideration is to encourage doctors to focus on how people can work with support. This is linked to the Chancellor’s focus on getting people off out of work benefits and into employment. He’s expected to make an announcement about this in the budget on Wednesday 15 March 2023.

Fit notes replaced sick notes in 2010 and give GP’s the opportunity to say if an employee ‘may be fit for work’ or ‘is not fit for work’. An evaluation into fit notes found that 12% of patients were given fit notes with a ‘may be fit for work’ assessment.

It’s not clear whether the scheme being considered will adopt a similar approach.

New draft Code of Practice on Dismissal and Re-engagement

The government has published a draft Code of Practice on dismissing and re-engaging employees as a means of changing their terms of employment, where negotiations have failed. This is sometimes referred to as ‘fire and re-hire’. This Code is designed to provide basic practical guidance on avoiding, managing and resolving conflict and disputes.

Once it comes into force (and we don’t have any proposed date yet), it will be admissible in evidence. This means that tribunals must take it into account when hearing any relevant cases. They will also be able reduce or increase compensation by up to 25% where one party has unreasonably failed to follow it. Employers will therefore have to know what’s in it.

We’re planning to write a detailed review of the Code which will be published on our website. If you don’t already receive our ad hoc articles and blogs, please ask Jo Moseley to add you to our mailing list.

Senior judge backs call for employers to support staff whose relationships are ending

The Positive Parenting Alliance is spearheading a campaign to persuade employers to see separation as a ‘life event’ and support staff going through it. It recommends that employers include separation in its policies, signpost where staff can obtain support and let staff work flexibly so they can manage childcare while their circumstances are changing. Asda, Metrobank, NatWest, PwC, Tesco, Unilever and Vodafone have signed up to the scheme.

Sir Andrew McFarlane, president of the Family Division supports the scheme. He said: “The immediate emotional impact of relationship breakdown is all-consuming. It hits a parent at work just as at any other time. The Positive Parenting Alliance calls for employers to recognise this impact, and to do what they can to support their employee. [It] offers a “win/win” outcome - good for employers and employees alike. Wise and insightful employers will, I hope, not need to think twice before responding positively to this call.”

Employers expect to increase pay by 5% in 2023

Employers now expect to increase pay by an average of 5% to attract and retain staff, according to the latest Labour Market Outlook from the CIPD.

This is the highest expectation of median base pay rise recorded since the HR body began running the survey in 2012. It said it was driven by managers struggling to fill vacancies and attempting to keep up with high rates of inflation which are still in double digits.

Over half of employers are struggling to fill some vacancies

The CIPD’s Labour Market Outlook also found that 57% of employers have hard-to-fill vacancies, and 29% anticipate significant problems in filling these over the next six months. The sectors most impacted are:

Primary and utilities (82%)
Healthcare (78%)
Education (77%).

The same survey found that the majority of employers are planning to upskill staff, others are raising pay or increasing the duties of existing staff to fill these vacancies.

Information Commissioner publicly naming most organisations it investigates for data breaches

In recent months, the UK’s data protection authority, the Information Commissioner’s Office (ICO), has begun publishing information about organisations that have been subject to reprimands, complaints, and various other concerns that have been brought to its attention. Many organisations had previously assumed that this information wouldn’t be made public.

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News in Brief – February 2023

Government considering a ‘sick note’ crackdown to get more people into work

New draft Code of Practice on Dismissal and Re-engagement

Senior judge backs call for employers to support staff whose relationships are ending

Employers expect to increase pay by 5% in 2023

Over half of employers are struggling to fill some vacancies

Information Commissioner publicly naming most organisations it investigates for data breaches

Read more - February 2023

For general enquiries

About Irwin Mitchell

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News in Brief – February 2023

Government considering a ‘sick note’ crackdown to get more people into work

New draft Code of Practice on Dismissal and Re-engagement

Senior judge backs call for employers to support staff whose relationships are ending

Employers expect to increase pay by 5% in 2023

Over half of employers are struggling to fill some vacancies

Information Commissioner publicly naming most organisations it investigates for data breaches

Read more - February 2023

For general enquiries

About Irwin Mitchell

Contact Us

Get a call back