HR news round-up: From equal pay to migrant nurses in poverty

This week’s HR news round-up covers everything from the tribunal ruling on equal pay at Next to the Royal College of Nursing’s report on the impact of lack of access to benefits on migrant nurses.

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Next loses equal pay case

More than 3,500 current and former store staff of fashion retailer Next have won their six-year legal fight for equal pay – the first in a number of equal pay cases in retail to reach the final stages.

The Employment Tribunal ruled that Next failed to show that paying their sales consultants in store, who are overwhelmingly women, lower hourly pay rates than their warehouse operatives, was not sex discrimination. Sales consultants receive lower basic hourly pay than warehouse operatives (a difference ranging from £0.40 to £3). The claimants’ average salary loss is more than £6,000 each.

The store staff who brought the claim will now be entitled to compensation by way of back pay going back up to six years from when they put in their claims and including the time that has elapsed since they put in their claims. The first claims were submitted in 2018. In addition, their basic hourly pay terms will automatically be equalised in their existing contracts. The win also extends to providing the store staff with paid rest breaks, and equal Sunday, Night and Overtime Premiums in line with comparable terms in the warehouse contracts.

Compensation (back pay) for the claimants will now be assessed by the Tribunal. Only those who have brought claims will be entitled to compensation for lost pay and will be guaranteed to have their contracts automatically equalised, but Leigh Day, the law firm that represented them which claims Next could face a bill in excess of £30 million as a result, is continuing to submit claims for sales consultants who were not in the original 3,500 and the number of claims is expected to increase significantly over the coming weeks and months following the successful ruling.

Read more here.

Number of self-employed over 60s reaches record high

The number of people aged 60 and older who are self-employed reached a record 991,432 in 2023, according to new analysis from Rest Less, a digital community for the over 50s.

Rest Less analysed data from the Office of National Statistics’ Annual Population Survey and found that the self-employed workforce reached 4.37 million in 2023, marking two years of consecutive growth since 2021, where numbers were affected by changes to the classification of off-payroll workers through IR35 legislation and the impact of Covid.  Self-employment peaked at 4.97 million in 2019.

Rest Less’s analysis found that whilst the number of self-employed workers in their 50s and older has grown since 2021, it is specifically those aged in their 60s which have set a new record high.

Read more here.

Government plans rollout of workplace and home health checks

The Government has announced that workplace health checks will be introduced for more than 130,000 workers in sectors including transport, building and hospitality to help address preventable diseases, while a pilot of digital home health checks is to be launched in Norfolk, Medway and Lambeth.

The checks, which will begin this week, can be completed by employees at their workplace. They involve a questionnaire recording a range of information, with answers used to determine patients’ risk of developing various cardiovascular conditions,

Public heath and prevention minister Andrew Gwynne said the programme “is an important step towards community-focused healthcare and supporting economic productivity through improving health, shifting the focus from treatment to prevention, easing the strain on the NHS and helping people to live well for longer”.

The Local Government Association has said councils are “exploring ways to boost uptake” of health checks, “targeting individuals or communities at increased risk, and using proactive outreach programmes to get into those communities who are less likely to attend their general practice.”

TUC reports widespread bullying of LGBTQ+ workforce

More than half of lesbian, gay, bisexual and trans (LGBT+) people report being bullied or harassed at work, according to new research published by the TUC.

The new poll of 1,001 LGBT workers found that around one in five (19%) LGBT+ people had been exposed to verbal abuse at work in the last five years. More than a quarter (28%) said they had homophobic, biphobic or transphobic remarks directed at them or made in their presence.

And one in 20 (5%) told the TUC that they had experienced physical violence, threats or intimidation at work because of their sexual orientation.

As a result, the TUC says it is not surprising that nearly three in 10 (29%) of LGBT+ people keep their sexual orientation a secret at work.  The poll also found that on every measure, young LGBT+ workers aged between 18 and 24 are experiencing higher levels of discrimination at work.

In terms of impact, four in 10 (38%) who had experienced bullying said that it had had a negative impact on their mental health, leaving them feeling more stressed, anxious or depressed. One in three (34%) said they lost confidence at work following the incident(s). And around one in 16 (6%) left their job because of the abuse they experienced at work.  Only around one in six (16%) LGBT+ people told the TUC that they reported the harassment to their employers. Almost half (47%) of respondents who reported the abuse said their complaint was taken seriously. But one in five (20%) said their complaint was ignored, and one in eight (12%) said their grievance was not believed.

The TUC says this shows there is room for employers to improve their practices when it comes to dealing with LGBT+ related bullying, harassment and discrimination.

AI tools aim to lighten teachers’ workload

The Government has announced a £4m initiative to develop artificial intelligence tools aimed at assisting teachers with homework marking and reducing their workload.

The project will use educational documents, including curriculum guidance and anonymised pupil assessments, to train AI for use in schools. Research indicates that nearly half of teachers are already employing AI in their work, although the tools have not been specifically tailored to English teaching materials.

Peter Kyle, the science secretary, said: “We know teachers work tirelessly . . . By making AI work for them, this project aims to ease admin burdens.”

The initiative also includes a £1m fund for innovative ideas to support teachers, addressing initial scepticism from parents regarding AI’s role in education. A report from the Department for Education highlighted that while awareness of AI is high, understanding remains limited, with concerns about biases and the ability to assess nuanced subjects. Some have warned, however, about viewing AI as a quick fix to workload problems.

RCN highlights benefits problems for migrant nursing staff

Two thirds of migrant nursing staff are considering leaving the UK due to cost of living pressures, according to a recent RCN report.

It also highlights the impact of ‘no recourse to public funds’ (NRPF), a rule that denies migrants on temporary visas, such as the Health and Care Worker visa, access to benefits. The RCN is calling for the rules to be ended immediately.

Migrant nursing staff pay tax, but without Indefinite Leave to Remain (ILR) they are unable to access benefits such as Universal Credit, Child Benefit, and Housing Benefit. The RCN says it leaves them and their families at a much greater risk of poverty and destitution.

To be able to apply for ILR, migrant nurses must have lived in the UK for at least five years, which grants workers access to the full suite of benefits. However, a single ILR application now costs £2,885. The RCN is also urging the government to reduce visa fees, including ILR application costs.


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