It isn’t just direct costs that needs consideration. Some of the changes anticipated by the Employment Rights Bill could lead to the need for more frequent and proactive management in respect of operational HR matters, which in turn may indirectly increase employers’ costs:
Good examples are the extension of Statutory Sick Pay and Unfair Dismissal protections to be Day One Rights.
The extension of SSP may mean that employers see an uptick in the amount of sickness absence they need to manage, as well as an increase in sick pay costs. They may therefore want to look at the trigger points for managing sickness absence in their policies. In addition, they will need robust and consistent decision making ‘on the ground’ to manage this risk.
The same is true on the extension of Unfair Dismissal protection to be a Day One Right. While we don’t know exactly what form this will take yet travel is clear. The indirect cost impact of this is likely to mean more HR/operational management will be needed in the early months of employment in order to ensure consistent, robust decision making and management of risk.
Changes to the unfair dismissal regime will heighten the risks attached to recruitment. For example, employers may not be able to easily manage out employees in situations where the employment arrangement has not been successful.
All of this can only intensify the compliance burden on the HR function. The associated costs and the effects of these developments will be especially sharp in sectors with large numbers of employees on relatively low pay, such as retail, hospitality and food production.
Ultimately, no one solution will work for every business. Employers will need to look at HR policies and compliance procedures from every angle for opportunities to manage the cost agenda.