Law at Work - May 2023 – 5 / 8 观点
Acas has published a response to the Government's draft Code of Practice on Dismissal and Re-engagement, highlighting how in its opinion the current draft is not fit for purpose. Acas considers it might have the unintended consequence of promoting poor practice rather than encouraging good practice. It lacks certainty of scope, does not reflect the 'real world' and does not show businesses in a concrete way what good practice looks like. Acas considers it too lengthy and complex in its language. We will report further an any amendments to the Code before it is published.
Acas has published, for the first time, specific guidance of what reasonable adjustments look like in the context of mental health. This reflects the fact that rates of stress and depression have risen dramatically in the last few years, leading to more absences from work. Examples of reasonable adjustments in this context can include changes to the physical environment, tasks and workload, policies and procedures. The guidance gives two striking examples of how communication lines may need to be adapted:
It has long been the case that, when it comes to disability discrimination, employers cannot simply say, 'this is the job you were contracted to do'. This guidance highlights how employers have a more complex task, when it comes to assessing adjustments for mental health, because the perception of the individual employee will have to be taken into account and is not always apparent.
The Government has decided to drop the sunset clause contained in the EU (Revocation and Reform) Bill, which would have revoked all EU-derived laws unless they were specifically exempted before 31 December 2023. In a reversal of this position, the Government will instead keep EU-retained laws in place unless they are specifically removed from the UK statute books. So far the Government has identified around 600 laws which it will repeal. No employment laws of any significance have yet appeared on the list.
作者 Helen Farr
作者 Ruth Moffett