Red tape or social change?
Running a business is stressful, and keeping up with the latest employment law can sometimes seem overwhelming. However, employment law is a pillar of a fair and successful workplace, and employers and employees alike would be in big trouble without it.
Change is in the air at the moment, with movements like BLM and #Metoo putting injustice and inequality firmly on the agenda; not to mention the disruption caused by coronavirus. We don’t have a crystal ball, but there is a constant stream of proposals from all kinds of sources that give clues as to what might be introduced down the line.
For example, you may have heard that London mayoral candidate Shaun Bailey has announced his support for mandatory drug testing at larger companies. Under the controversial proposal, if you have over 250 employees you would be required to carry out regular drug tests and publish the results. The aim would not be to punish individual employees, but to tackle white collar drug culture. Bailey believes that this would reduce violence in the capital and elsewhere by cutting off a major income source for organised criminals.
Like most employers, we’re sure you are eager to see all staff treated fairly and humanely. Sadly, not all businesses are as caring. In the coming months, you can expect to see an expansion of modern slavery laws spearheaded by Home Secretary Priti Patel. This comes after the recent scandal surrounding working conditions at fast fashion factories in Leicester. She has pledged increased government powers to raid and shut down exploitative workplaces.
While new employment laws may sometimes seem extreme, it is worth remembering that many of the rights and freedoms we take for granted are, in fact, relatively recent and hard-won additions to workplace legislation.
The National Minimum Wage, The Equality Act, and the introduction of shared parental leave all seemed revolutionary at first, but are broadly accepted now. History has shown us that, by adopting progressive policies early, you are likely to see long term benefits both to your company image and to your workplace productivity.
Support for working parents
September is back to school month but, as with everything in 2020, things are a bit different this year.
The end of the school holidays usually means an easing of pressure on working parents, with less juggling of work and childcare. This year, though, things are more complicated. Although schools are reopening, some working parents will feel anxious about their children’s safety. These employees may struggle to focus and will need additional support and understanding.
Nothing is certain at the moment: whole school year groups being sent home because of an outbreak is a possibility, a probability even. This means that working parents may be forced to resume childcare duties at short notice.
It is out of everyone’s hands so planning is a must if you want operations to run smoothly.
Build on any flexible working patterns you have introduced, and be ready to have people working from home again – and not just the parents, as who knows what comes next!
As we saw when a Sky News reporter was forced to conduct biscuit negotiations with a young child live on air, interruptions by children are part and parcel of home working. A positive culture will help everyone deal with this. Better still, get the processes down in a working parent’s policy. This way everyone knows where they stand and has a framework to fall back on.
As we have highlighted throughout the pandemic, it is also worth considering the ways in which you can support your employees’ mental health – whether it is just being aware of the issue and factoring it into your management style or offering tangible support through an employee assistance programme.
For help writing a working parent’s policy and other management techniques, get in touch.
Recruiting after redundancies
Sadly, redundancies have been all too common following the economic fallout of COVID-19. They should only ever be a last resort, but what happens if you need to rehire after making redundancies? After all, events are moving so fast.
There’s no legally-mandated waiting period for rehiring – even taking back the same people. However, proceed with caution. Should someone make an unfair dismissal challenge at tribunal, the court will look at the whole redundancy process up until termination. There are many technical points to get right, and also, the economic uplift that prompted your renewed hiring must be proved to have happened after the termination date.
We’d advise exploring all options before making redundancies, including flexible working and finding alternative roles. If you go ahead, accept that it’s a fluid situation and if things improve before redundancy completes, review the decisions made. Keep in mind that you need to be able to prove redundancy was genuine right through the process. This will give you maximum flexibility going forwards. We’d highly recommend taking advice, so do contact us if you are considering redundancies.
27,000 “high-risk” furlough claims to be investigated by HMRC
It has been revealed by HMRC chief executive Jim Harra that up to £3.5 billion may have been paid out incorrectly through the Coronavirus Job Retention Scheme.
The scheme, which is due to come to an end next month, was set up to keep people employed throughout the pandemic. Around 9.6 million people have been furloughed through the scheme since it began in March.
HMRC has previously said that it will crack-down on fraudulent claims, with arrests being made for the most severe. It was reported earlier this month that a company director and accountant were arrested over suspected furlough fraud reaching £70,000.
A further 27,000 claims have been deemed “high-risk”. Employers identified can expect to be contacted by the end of November. Those which believe they may have made a genuine mistake should contact HMRC for a chance to make things right. Failure to do so could lead to a criminal investigation.
Pensions play a part in financial well-being
The Pensions Regulator is stepping up its enforcement of compulsory pension contributions from employers. The body had temporarily relaxed its efforts, reducing its enforcement capability by 55% between April and June and issuing six times fewer fixed penalty notices.
While times have been unbelievably tough for many businesses, there are strict legal obligations relating to pension contributions, especially since auto-enrolment was introduced. One report estimated 800,000 UK workers were losing out on employer pension contributions which were due at the height of the pandemic.
If you have fallen behind with your pension contributions, now’s the time to get your house in order. It’s not just about covering yourself legally as The Pensions Regulator steps up enforcement. Pensions are a key aspect of financial well-being, and employees who feel confident about the future are more likely to be happy and productive at work.
For advice on pension contribution, or any other payroll issues, don’t hesitate to get in touch.
Socially distanced team building
As staff continue to work from home, maintaining a sense of team spirit is more important than ever.
Just because your employees are spread out doesn’t mean that you can’t take part in team building activities. Team building can be essential for happiness and productivity and, with a little creativity, there’s no reason it has to stop.
A quick Google will show that it’s easy to turn the team into crime scene investigators or codebreakers for an afternoon. You could even organize an escape room via Zoom. Whatever direction you choose to go, there are plenty of ways to bring your team together whilst keeping them apart.