Key employment and business immigration developments for employers

In the News

Workplace mental health

Nearly a third of all fit notes are for mental health issues, according to a recent NHS report. Deloitte also estimates that poor mental health costs employers between £33 and £42 billion a year through absenteeism, turnover and low productivity. Earlier this year, the Government commissioned Lord Dennis Stevenson, former HBOS Chair, and Paul Farmer, Chief Executive of Mind, to carry out an independent review into what more employers can be doing to support mental wellbeing in the workplace. Their report, Thriving At Work, was published on 26 October 2017 and makes a number of recommendations, including:

  • employers should be encouraged by legislation to report publicly on their initiatives to support employees' mental health
  • all employers should adopt certain mental health core standards, as set out in the box
  • public sector employers, and private sector employers with over 500 employees, should take additional steps, including:
  • increasing transparency and accountability through internal and external reporting
  • demonstrating accountability by nominating a mental health lead at board or senior leadership level
  • improving the disclosure process for employees with mental health issues to encourage openness during recruitment and throughout employment
  • ensuring the provision of tailored in-house mental health support and signposting to clinical help.

It is now for the Government to consider these recommendations and whether to require employers to report on their mental health initiatives. Nevertheless, employers should consider implementing the core standards now as best practice.

Employment status in the spotlight

Employment status remains firmly in the spotlight, with recent rulings in relation to Uber drivers and Deliveroo riders making headlines.

Uber has lost its appeal against the Employment Tribunal ruling that its drivers are workers. Last year, two Uber drivers brought, and won, a test case in the Employment Tribunal, claiming that they were workers and therefore entitled to holiday pay and national minimum wage. Uber appealed and the Employment Appeal Tribunal (EAT) has upheld the Tribunal's decision. The EAT agreed with the Tribunal that the complex contractual documentation describing the drivers as self-employed did not reflect reality so the Tribunal was entitled to look beyond it at what actually happened in practice. The level of control exercised by Uber meant that drivers were workers, and not self-employed. Uber has said it plans to appeal this decision, so this may not be the end of the story.

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