Key Challenges Facing Employers in 2022: A Must-Know Webinar

Table of Contents

1. Introduction
2. Key Issues Facing Employers in 2022
   1. Hybrid and Flexible Working
   2. Workplace Harassment
   3. Menopause in the Workplace
   4. Diversity and Inclusion
   5. Environmental Considerations
3. Other Important Changes
   1. New Right to Carers Leave
   2. Redundancy Protection
   3. Reform of Confidentiality Clauses (NDAs)
   4. Potential Changes in Non-Compete Clauses
   5. Disability Workforce Reporting
   6. EU Whistleblowing Directive
4. Conclusion
5. FAQ

Introduction

Good afternoon everyone! My name is Amanda Stedman, the Principal Knowledge Lawyer at BDBF. Today, I'm joined by my colleagues Tom McLaughlin and Hannah Lim, and together we will be discussing the five key issues facing employers in 2022. We will also touch on other important changes in the pipeline. This webinar will last for approximately 45 minutes, and there will be an optional Q&A session at the end. Please feel free to ask questions via the Q&A box at the bottom of the page, and we will address as many as we can. After the webinar, we will circulate the recording and slides, along with our 2022 Employment Law Tracker. Now, I will hand over to Tom, who will discuss the first topic: hybrid and flexible working.

Key Issues Facing Employers in 2022

Hybrid and Flexible Working

The concept of hybrid and flexible working has gained significant popularity in recent years. A survey conducted by EY found that 80% of workers wanted flexibility in their job, with 40% desiring the flexibility to work from a location of their choice for at least part of the week. While the work-from-home guidance was recently scrapped, the appetite for hybrid working remains strong. Implementing hybrid working requires a thoughtful approach, including considering where, when, and how work can be done. Employers should consult with their staff to secure agreement to vary employment contracts if necessary. Documenting the hybrid working arrangement through contracts and policies is crucial to clarify expectations and address issues such as equipment provision, health and safety risks, and performance management. Risks associated with hybrid working include potential discrimination claims, well-being concerns, confidentiality issues, and employee competition.

Workplace Harassment

Workplace harassment continues to be a pressing issue for employers. It is crucial to provide a safe and respectful working environment for all employees. One significant case from the last year emphasizes the need for employers to take all reasonable steps to prevent harassment. By implementing well-drafted equal opportunities policies, anti-harassment policies, and training programs, employers can demonstrate their commitment to preventing harassment. It is important to regularly update and refresh training to ensure its effectiveness. Additionally, employers should address the tension between respecting gender critical beliefs and securing the inclusion of transgender workers. Clear standards of behavior, disciplinary action when standards are not met, and robust policies are essential in managing potential clashes.

Menopause in the Workplace

Menopause is an important issue that affects a significant portion of the workforce. Employers should recognize the impact of menopause and take steps to support affected workers. Evidence shows that employees value employers who prioritize menopause awareness and support. Employers can proactively evaluate their practices, communicate their values and actions, and amend contracts and policies to address menopause-related issues. Implementing a comprehensive menopause policy can signal a commitment to supporting affected workers and prevent potential discrimination claims.

Diversity and Inclusion

Diversity and inclusion (D&I) remain key priorities for employers. However, managing clashes of rights can pose challenges. One clash arises between reducing the gender pay gap and avoiding the risk of discriminating against certain groups. It is important for employers to understand that addressing gender pay gaps should not involve maneuvering staff out of the business based on their protected characteristics. Transparency and a long-term D&I strategy informed by government guidance are crucial. Another clash is between gender critical beliefs and securing the inclusion of transgender workers. Employers must ensure respectful behavior among employees, set clear standards, and address any discriminatory actions promptly.

Environmental Considerations

Environmental considerations have become a top priority for businesses, and they are increasingly important to employees. Demonstrating good environmental credentials can help attract and retain talent. It is vital for employers to evaluate their practices and consider changes such as adopting sustainable workspaces, using eco-friendly suppliers, reducing travel, and offering training on environmental and sustainable business methods. Incorporating environmental values into employment contracts and policies can further demonstrate an employer's commitment to environmental responsibility.

Other Important Changes

In addition to the key issues discussed above, there are several other important changes on the horizon for employers in 2022. These changes include the introduction of new rights to carers leave and neonatal care leave, increasing redundancy protection for pregnant and returning employees, potential reforms to confidentiality clauses (NDAs), a review of non-compete clauses, disability workforce reporting, and the impact of the EU Whistleblowing Directive. These changes may require employers to update their policies, contracts, and procedures to ensure compliance and address emerging legal obligations.

Conclusion

In conclusion, employers in 2022 face key challenges related to hybrid and flexible working, workplace harassment, menopause, diversity and inclusion, and environmental considerations. It is essential to proactively address these issues by implementing appropriate policies, providing support to affected employees, and ensuring a respectful and inclusive working environment. Additionally, employers should stay updated on other important changes and prepare for potential legal reforms in areas such as confidentiality clauses and disability reporting.

FAQ

Q: How can employers balance the need for hybrid working with potential risks, such as discrimination claims and confidentiality breaches?

A: Balancing the need for hybrid working with the potential risks requires a thoughtful approach. Employers should:

1. Conduct a thorough risk assessment and address any potential issues proactively.
2. Provide comprehensive training to managers on hybrid working policies, discrimination, and confidentiality.
3. Implement clear policies and guidelines for data protection and confidentiality in remote working arrangements.
4. Ensure regular communication with employees about expectations, limitations, and any changes to the hybrid working model.
5. Monitor and address any potential discrimination or confidentiality breaches promptly and consistently.

Q: What steps can employers take to create an inclusive work environment for menopausal employees?

A: Employers can take several steps to create an inclusive work environment for menopausal employees:

1. Implement a menopause policy that raises awareness about menopause, its symptoms, and available support.
2. Provide training to line managers on how to support menopausal employees and identify potential issues related to menopause.
3. Offer flexible working arrangements to accommodate menopausal symptoms, such as hot flushes or fatigue.
4. Create an open and supportive culture where employees feel comfortable discussing their needs and concerns related to menopause.
5. Regularly review and update workplace policies to address menopause-related issues, including flexible working, health and safety, and performance management.

Q: How can employers effectively address clashes of rights between different protected characteristics, such as gender critical beliefs and transgender inclusion?

A: Effectively addressing clashes of rights requires employers to:

1. Clearly communicate the organization's commitment to diversity, inclusion, and respect for all individuals.
2. Provide comprehensive training on equality and diversity, including the rights and protections of all employees.
3. Develop policies that explicitly prohibit discrimination or harassment based on any protected characteristic, ensuring all employees understand their obligations.
4. Encourage open dialogue and respectful discussions, fostering an understanding and appreciation of different perspectives.
5. Promptly address any conflicts or incidents that arise, following established procedures for handling discrimination or harassment complaints.
6. Seek legal advice when necessary to navigate complex legal issues related to clashes of rights.

Please note that these FAQs are provided for general information purposes and should not be construed as legal advice. For specific legal guidance, employers should consult with employment law professionals.