IPA members benefit from support, advice and representation in legal matters relating to their employment. We always advise members to contact us at the first sign of there being an issue. Early intervention, and an understanding of the issues involved, can often affect the outcome and facilitate a speedier resolution.
We normally try to avoid information overload when it comes to legal matters, but there are some changes, some sooner than later that will potentially impact on our members.
Changes to law around sexual harassment in the workplace come into force on 26<sup>th</sup> October 2024. No one should have to be told that they should treat colleagues with dignity and respect, and as professionals, it should be clear what the boundaries are. However, the changes to shortly be implemented include a requirement for employers to be proactive in preventing sexual harassment in the workplace. For the avoidance of doubt, not only will this include during working time, but it is also extended to include work related events. Where it may be particularly relevant for pilots is the interaction between the new legislation and time spent down route.
As employers can be made liable for cases of sexual harassment, we expect employers to take a firm position on this new legislation from day one. Steps should be taken to prevent sexual harassment from occurring (preventative actions) which will ensure that they have an arguable defence in the event of any claim.
What might this mean for employees? You may be issued with updated policies relating to sexual harassment in the workplace, briefings or workshops might take place to ensure that employees are fully aware of how to treat others in the workplace, and what that definition extends to. Risk assessments may be undertaken to identify and address situations where the risk of sexual harassment might occur. We would expect employers to be clear that a finding of sexual harassment may result in the dismissal of the harasser.
It will be crucial for employers to take these new provisions seriously. In the event of a successful sexual harassment claim, if it can be proven that the employer neglected their duty to prevent the sexual harassment from occurring, compensation to the victim can be increased by up to 25%.
For an employer to face a claim of failing to take reasonable actions to prevent sexual harassment from taking place, a sexual harassment claim needs to succeed, there is no standalone claim for failing to take reasonable steps. That claim has to be made in an employment tribunal, a complaint giving rise to a disciplinary process is insufficient.
We have represented pilots on several occasions where there have been allegations made that fall within the current legislation, and it quite often occurs as a result of lines being blurred, one, if not several crew having consumed excessive alcohol, or a genuine belief that the behaviour or conduct was welcomed. How the conduct or behaviour is perceived is solely from the victim’s perspective.
Whilst spurious claims are out of everyone’s control, our advice to members is straight forward. Try to avoid social situations where you might find yourself alone with a colleague. Conduct will include messages and images so ensure that all communications with colleagues are appropriate and professional. Don’t assume that your work colleague is your friend. If in doubt, don’t say it or do it.
The recently published Employment Rights Bill also contains some potential changes that may impact directly and indirectly on members. Of particular interest to your union are the proposed changes to access rights for trade unions. As currently drafted, agreements can be made between an employer and a listed trade union (no reference to recognised), and specifically exclude access for the purposes of organising industrial action.
Other areas of interest include the right not to be unfairly dismissed as a day one right (however the employee would have had to have started in the role), as opposed to the current position of a two-year qualifying period for ordinary unfair dismissal claims, and the removal of the ability of an employer to fire and rehire. This means that when an employee refuses to sign a contract variation, the dismissal will be automatically unfair. There are potentially some technical points around the interaction of this provision with collective bargaining rights (if a union agrees contractual terms, where does that leave the individual, and to what extent might the union be able to collectively agree changes which might avoid these provisions).
It is also proposed that statutory sick pay (SSP) will apply from the first day of sickness absence, removing the requirement of a waiting period, currently set at three days. Whilst many of our members benefit from contractual sick pay, we know that there are some employers who pay SSP only and this will make a difference to those affected by this change.
There are also proposals around making further ‘family friendly’ rights day one rights which is a positive step for all employees.
Flexible working is notoriously tricky for pilots. The right is to ‘request’ and not ‘have’ flexible working. This covers a variety of scenarios, most often encompassing hybrid or home working and/or compressed hours. Both are problematic for pilots. An employer only needs to go so far as to explain, if rejected, the business reason for this and why it is considered reasonable to reject the application. In many cases, employers will consider a compromise if the request cannot be accommodated in full. In our experience, pilots submit flexible working requests to enable them to go part time, or because they are seeking bespoke rostering. Where part-time options (lifestyle contracts) are already available, there is likely to be more resistance to an application which falls outside existing options. As the right to request flexible working is now available to all employees, employers have the added issue of ensuring that they do not fall foul of the provisions of the Equality Act 2010 when considering an application and consulting with the employee.
It should be noted that the proposals contained within the Employment Rights Bill do not have specified commencement dates. Some matters will require consultation, others will require legislation and regulation to become law. It is envisaged that most changes will not take place until at least 2026. Whilst we can expect changes, the majority will not be any time soon.
Given how proposed legal changes can be misrepresented in the media, we continue to urge any member who thinks they may have an issue with their employment to contact us for advice. We are often contacted by members whose colleagues have given them ‘advice’. On a few occasions the impact of this has been that following that advice has been detrimental to a member’s case, and on other occasions following that advice would make the situation significantly worse.
As your union, we are here to support, advise and represent you. But it is crucial to remember that we cannot undo what has taken place prior to contacting us, and we cannot support any pre-existing employment issue at the point where a pilot joins the IPA.
