SAS Daniels employment Seminar 17 October 2024

Employment Seminar Q&A

• If the 9 month statutory probationary period is mandated, and we currently have three months, will that be irrelevant then? Are we best making it 9 months?

  The current speculation around a mandated 9-month statutory probationary period is unconfirmed, though it’s a suggested timeframe under consideration. Currently, your three-month probation is sufficient, but it might be wise to gradually extend it—possibly moving to six months—as we get closer to any changes to ease the transition if a longer period is indeed mandated. A formal decision on this is still pending, with a consultation phase allowing businesses to provide input. There’s a possibility that the final legislation could settle on just reducing the length of service criteria instead of creating entirely new probation rules, as adjusting the two-year qualifying period for unfair dismissal down to one year or even 9 months would be simpler. This change would likely strike a balance between protecting employee rights and minimising administrative changes for employers. However, the proposal is still in development, and not all initial suggestions may pass.

• In regards to the flexible working criteria – the news first talked about people reducing to four day weeks. Are they talking about compressed hours, still doing full time in 4 days, or allowing people to go effectively part-time doing four days?

  The "four-day week" discussed in the news mainly refers to compressed hours—working full-time hours over four days to improve work-life balance. Part-time four-day weeks are already possible under flexible working, allowing employees to reduce their total hours. Flexible working includes any changes to working hours, location, or patterns, tailored to the employee's needs

• What does ‘extreme temperatures’ mean on the slide about longer-term reforms?

  Labour have only announced that the legislation on extreme temperatures will be updated, likely focusing on Health & Safety regulations regarding maximum working environment temperatures. We will provide an update as soon as we hear anything further on this.

• In your opinion, with the timescales we are talking about in regards to the employment law changes, are they doing it to ‘massage’ support workers, or is this how long it genuinely takes to review a change like this? Are they warming us up as employers?

  The lengthy timeline for these employment law changes is typical, as consultation and legislative processes take time. While some proposals genuinely support worker rights, others—like adjustments to unfair dismissal—may seem one-sided, focusing on employees without fully considering business impacts. This extended timeline is also intended to prepare employers for potential changes, though not all initial ideas may ultimately be implemented.

• Is there a legal definition of sexual harassment?

  Sexual harassment, as defined by the Equality Act 2010, occurs when a person engages in unwanted conduct of a sexual nature that has the purpose or effect of violating another’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. It’s based on how the recipient perceives the conduct, regardless of intent. To manage this in practice, it’s essential to clearly communicate acceptable behaviours, providing examples so employees understand how actions like jokes, touching, or personal questions could be perceived as harassment. This helps reinforce the legal definition and promotes a respectful workplace culture.

• Does bullying fall under sexual harassment?

  Bullying itself is not a standalone legal claim under UK employment law. To bring a claim, employees must relate bullying to a "protected characteristic" under the Equality Act, framing it as harassment or victimisation. Alternatively, if an employee with over two years’ service resigns due to bullying, they could claim constructive dismissal, citing bullying as a fundamental breach of contract. However, bullying alone lacks a direct legal remedy unless tied to harassment or constructive dismissal claims.

• We’ve got Christmas party season coming up, if the company is responsible for taking steps to prevent sexual harassment happening in the workplace, is this going to be the end of all Christmas parties potentially if there is now more responsibility on employers?

  While Christmas parties can raise concerns with regard to sexual harrassment, it’s unlikely they’ll end entirely. To reduce risks, companies should communicate clear expectations beforehand, reminding staff of behavioural standards and unacceptable conduct. With well-defined policies and advance guidance, employers demonstrate reasonable efforts to prevent issues, helping to balance holiday celebrations with workplace responsibilities. Further information on the changes to the sexual harassment legislation can be found here.

• Are employees legally obliged to provide evidence of a medical appointment?

  Employees are not legally obliged to provide detailed medical records but must offer some evidence for medical appointments if they request time off or arrive late. Acceptable documentation could include a letter from a medical provider with the date and time of the appointment, with sensitive details redacted. Employers should request this information consistently from all employees, ensuring fairness.

• Is the SAS Protect handbook going to be updated automatically?

  Yes, if you use our online system, it will automatically be updated and rolled out to you. You will get a notification on the dashboard to say the policy has been updated for you to review, and then you can approve it. If you use a word document, you can send this to the team and this will be updated and emailed back to you.