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June 2024 news

26/6/2024

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Welcome to the latest edition of our newsletter.

Coming up, we are going to be looking at ageism in the recruitment process and changes to the Dismissal and Re-engagement code of practice. 
 
The importance of addressing age discrimination and implementing non-discriminatory recruitment processes
Age discrimination in the workplace remains an issue that affects individuals and businesses alike, manifesting in various ways, from hiring practices to training and advancement opportunities. Addressing age discrimination is not only a legal obligation, but imperative for Companies that are seeking to harness the full potential of a diverse workforce.

A recent article in HR Magazine highlighted how the charity, Age UK were fined £4,000 for age harassment after a representative ‘harassed a job applicant on the basis of age, a tribunal has found’. 

This demonstrates that non-discriminatory recruitment processes are essential in creating an inclusive work environment. This involves using age-neutral language in job advertisements, focusing on skills and experience rather than age-related criteria and training recruitment panels to recognise and avoid implicit biases.  Other processes include using anonymous CV’s where candidates date of birth or graduation dates are removed; having structured interviews which comprise of a standardised set of questions for all candidates, and the use of practical tests or assessments that are directly relevant to the job tasks. 

By promoting a culture of inclusivity and fairness, Companies can attract a broader range of candidates, enhance employee morale and benefit from the varied perspectives and experiences that come with a diverse age demographic. In turn, this can lead to greater innovation, improved problem-solving and a more dynamic, resilient workforce.

Furthermore, fostering an age-diverse workforce can significantly enhance a Company’s adaptability and competitiveness. Older employees bring a wealth of experience, institutional knowledge and mentorship capabilities that can be invaluable to younger team members. Conversely, younger employees often introduce fresh perspectives, tech-savviness and new approaches to problem-solving. By integrating these complementary strengths, Companies can build more cohesive and versatile teams, drive business growth and innovation, ensuring that the Company is well-equipped to meet the challenges of a rapidly evolving market.
 
NEWS:
  • From July 2024, for England, Wales and Scotland, the UK's first Statutory Code of Practice on ‘Dismissal and Re-engagement' (Fire and re-hire) will come into effect.
  • A new law (The Workers ‘Predictable Terms and Conditions’ Act 2023) creating a right to request more predictable working patterns for eligible workers is expected to come into force from around September 2024. 
 
What is fire and re-hire?
‘Fire and re-hire’ is a term referring to the process where an employer needs to make contractual changes to an employee’s terms and conditions.  Essentially, firing the employee and re-hiring them on new terms and conditions, for example a change of shift patterns, reducing holiday allowance or pay and is often an exercise conducted to cut costs, as the terms are often less favorable. 

It is a highly controversial approach and has drawn criticism for its potential to undermine job security and employment rights, and notably made the headlines with P&O ferries in 2022 firing over 800 staff and prompted calls from trade unions and politicians to strengthen employment laws. 

Where changes need to be made to an employee’s contract of employment, it is best practice to approach this through consultation and agreement with the employee and ‘fire and re-hire' should be the last resort when extensive consultation and all alternatives have been considered.  The new Statutory Code of Practice on ‘Dismissal and Re-engagement' coming into force in July 2024 outlines the legal expectations of a business and what must be considered regarding whether to use dismissal and re-engagement.  These include:

  • Employers must not make direct offers to employees where there is a recognised trade union in place.
  • If there are changes to an employee’s written statement of particulars, employees must be notified of that change within 1 month of the new terms taking effect and employers must always comply with standard legal obligations to supply a written statement of particulars.
  • If any dismissal is to be seen as fair, then the employer must comply to the terms of a fair dismissal.
  • If a fire and rehire process is engaged, the employer must give as much notice as is reasonably practical.

The code also outlines other considerations that should be followed. 

​Please do not hesitate to get in touch if you wish to discuss how to manage any of these changes within your business, or any other matters relating to employment contracts and legislation. 

KEY DATES FOR DIARY:
1st August – Cycle to Work Day
5th September – International Day of Charity
15th September – National Pension Awareness Day
18th September – International Equal Pay Day
23rd – 29th September - National Inclusion Week
WHAT'S NEXT:
​
A team of VIPR Solutions employees and I will be completing the National 3 Peaks Challenge to raise money for their charity partner, Cancer Research UK. 

We are setting off in the early hours on Friday 28th June, enroute to Scotland to tackle Ben Nevis on Saturday morning, before driving onto climb Scafell Pike on the same day!  Finally, in the early hours of Sunday morning we will climb Snowdon to watch the sunrise.  In total, we will be walking c.30-40km with est 2900 metres of elevation! 

Pictures to follow! 
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​If you’d like to donate to support this incredible charity, our QR code is below and any donations are gratefully received.  
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I look forward to hearing from you soon.
 
Jo
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