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VIEWCLOSEExpand panel 'People Matter' Newsletter: People Matter October 2018

17 claims every hour of the working week

Following the abolition of tribunal fees last year we warned it would become much easier for employees to take their employers to court.

The warnings were warranted. The latest figures published by The Ministry of Justice show the number of single claims received is 165% higher than in the same period last year. For multiple claims it is even more striking, with a 344% increase.

They also show this surge in claims has inundated the tribunal courts. The backlog to process these claims can be as much as 6 months a long time for an SME to be focusing on such a distracting issue.

The most common reason for claiming is unauthorised deduction of wages which is not surprising as an employee does not need two years’ service. For unfair dismissal the average compensation pay-out is about £15,000 and the largest was more than £400,000. For discrimination, the largest pay-out was nearly quarter of a million pounds.

So at the very least, being taken to a tribunal will be a distraction, while worst case scenarios could see you facing significant legal fees and a compensation award. There could be reputational damage too.

But stop worrying! Comprehensive protection against all these risks is one of our core services. Our retained advice line provides the expertise of an in-house HR team at the fraction of a cost of hiring one. It gives you unlimited telephone and email support from a local, qualified HR adviser. They’ll help you avoid stumbling into a tribunal court through a lack of knowledge or a poor HR decision.

But better still, if an employee did try their chances at a tribunal now that there’s no fee to pay, our advice line is backed by tribunal insurance. This covers your legal costs and any compensation , as long as you followed our advice from the outset. If you haven’t signed up to our advice line yet, these figures show that now’s a better time than ever.

Tales from the HR Crypt

‘tis the month of Halloween so to send a shiver down your spine we thought we’d serve up horror stories about nightmare colleagues.

Beware the next time an employee goes on a long-haul holiday. One person described on social media how their co-worker took a month’s leave, and while they were gone a spider infestation broke out in their desk drawers.

If that’s too creepy crawly for you, how about the person who accidentally pepper sprayed their entire office. Described as “weird in an office where 50% of staff were weirdos”, this individual took an electric slow cooker into his work cubicle to make a stew for lunch. As you do. When he removed the lid it decimated the workforce with coughing fits and watering eyes as he’d been cooking a piece of chicken in a confection of hot chilli sauces.

Stay safe this Halloween, and if you find yourself in your own HR horror story, let us know!

The latest on childcare vouchers

This month, there have been dramatic changes to the rules on government childcare support that your employees might claim. The established scheme, childcare vouchers, was closed to new applicants on 4 October. In its place, the tax-free childcare scheme, which had been running concurrently, becomes the only option for new claimants.

The key thing for you to know as an employer here is that if any of your employees are on the childcare voucher scheme, which they receive through you, they can stay on it. However, if they voluntarily leave the scheme, take an unpaid career break of more than a year or you close the scheme, the only option open to them will be the HMRC-administered tax-free childcare scheme. For advice on how you design an employee benefits scheme, including childcare, get in touch.

Paid parental bereavement leave

Losing a young child is surely one of the most traumatic experiences imaginable.

In a UK first, parents who experience the trauma of losing a child under the age of 18 will soon be entitled to statutory paid bereavement leave.

If you have managed people who have experienced such loss, it may well be that humanity has prevailed and you have given them this support and space that they need anyway. But what do you need to know, now that it is being written into law?

This legislation was a manifesto promise, and it has been working its way through parliament. In September 2018 it was given Royal Assent which is an important step in its implementation.

Nothing changes just yet, but it is likely to come into force in 2020. It will give all employed parents a day-one right to two weeks’ leave if they suffer a stillbirth from week 24 of pregnancy, or the death of a child under the age of 18. Subject to meeting eligibility criteria, they will also be able to claim pay for this period.

We’ll keep you posted on the introduction of this new statutory leave. Should you need support managing a parent who loses a child, your local HR Dept adviser will be able to help.

Can you give a bad reference?

What happens when you receive that dreaded reference request for the employee who was lousy at their job or had a poor attitude?

The good news is that, with a few exceptions (like financial services), you can dodge this bullet. There’s no legal obligation to respond.

If you are inclined to provide a reference, it can include information detrimental to their cause – as long as it’s accurate and fair. This means it should not include subjective opinion and should be backed up with facts.

Your former employee can ask to see a copy of the reference. If they felt it was inappropriate, they could claim damages if they could prove it was inaccurate and that they suffered loss.

It’s helpful to have a policy for responding to references, especially if more than one manager may be providing them. This ensures they’re all handled consistently and efficiently.

Tipping point

If your business is in the hospitality sector, a shake-up of the laws on tipping is coming your way. The government announced that it would legislate as soon as possible to ensure that tips go to the workers who provided the service, without any deductions being made by the employer for various purposes.

A consultation showed strong support from consumers – whose intention is to reward their waiting staff for good service with their tips – for this measure. This is just one of several pitfalls that hospitality businesses can be trapped by when paying staff, so do take care.

VIEWCLOSEExpand panel 'People Matter' Newsletter: People Matter September

What to do when your staff go AWOL

You breathe a sigh of relief; it’s September and the holiday season stress is over. Time now to crack on with all those projects. And then you discover a key member of staff has not returned from their “trip of a lifetime”.

It may not be possible to accurately record your initial reaction here. But safe to say words like “murder” probably spring from your lips.

However, as we always advise: look for the simple explanation first. Were the flights delayed by strikes or weather? Have they been taken seriously ill? Or maybe simply overslept?

Only after making every effort to make contact by telephone, text and email is it reasonable to assume they are not coming back. If they live nearby, you could even try calling at their house or contacting next of kin before reaching this conclusion. But once all avenues have been exhausted, you can start to resolve this problem of unauthorised absence.

When there is less than two years’ service and no known disability, then it should be relatively straightforward because there is less risk of a claim for unfair dismissal. But for longer serving employees, do make sure you follow the correct process.

As we always stress, keep a record of everything you’ve done to prove you have taken all reasonable steps to make contact. This means sending a recorded letter, so you know who received it. The letter should state that you would like them to contact you so that you can establish if they have resigned. It should also explain that if they continue to be absent without contacting you, then you’ll have no option but to take steps to terminate their employment.

Unauthorised absence is a fair reason for dismissal but does not negate the responsibility to follow the Acas code. And as dismissal only becomes effective when it is received, it’s worth trying to contact them in as many ways as possible.

Do remember that whilst they remain an employee they continue to accrue continuous service and holiday rights. So to make sure you have help managing these situations, do call us.

The value of supporting mental health 

With the August bank holiday done and dusted, it’s a long old haul to Christmas! Do you relish the opportunity to knuckle down? Or do your spirits fall with those long nights drawing in?

Spare a thought for your team too. We all have mental health. And, like physical health, it fluctuates. The realisation that summer and its holidays are finished will affect some adversely. SAD (seasonal affective disorder) may come into play too.

There’s real value in incorporating good mental health and wellbeing into your company culture. In fact, a fifth of GDP is produced by people who’ve experienced mental health difficulties according to research by the Mental Health Foundation. So how do you achieve such a culture? It will vary, but it could mean reviewing operations to ensure they consider mental health and protect or improve it where possible or designating a mental health champion. Talk to us if you want to get started.

What’s in a name?

What do your job titles say about your business? Traditionally, they might describe what someone does and their seniority. But has this become too restrictive or unappealing today?

Microsoft recruited a “chief storyteller” – responsible for changing the perception of Microsoft through stories. Google has an “in-house philosopher” who solves engineering problems through a humanistic perspective. And many techies seem to prefer being called “networking ninja” or “C# Sherpa” rather than good old fashioned “developer”.

This may be useful if it’s giving employees a feel-good factor, or conveys your company culture. And sometimes customer-facing roles may require more nuanced names – sales staff may be better presented as “customer services” for example.

Can inventive naming go too far though? Of course it can! We’ve seen people professionally described as a “shredded cheese authority”, an “executive sensei” and even a “teen exorcist”.

Uptake is low for shared parental leave

Take up of shared parental leave remains stubbornly low three years after its launch. Figures were released recently to show that in 2017-18, only 9,200 parents used the scheme. This was just 500 more parents than in the previous year.

The scheme is, of course, notoriously difficult to administer. Coordination is potentially required between more than one business. And parents have the right to request non-consecutive blocks of time, although employers are not obliged to grant the requests.

This administrative burden on employers, coupled with out-dated cultural issues relating to men taking extended periods of leave, has led to the suggestion that employers are not doing enough to signpost the option.

There is a complicated application process too, which is seen as a barrier for parents. And another factor attributed to low take up is that many couples decide that it would be unaffordable – that they would be financially better off using the maternity leave scheme only.

Indeed, there have been legal cases exploring the level of pay that men receive when taking time off after the birth. None has been definitively successful for the employee. But a tribunal has made initial findings that a police constable suffered indirect discrimination as his employer only offered statutory rates for shared parental leave but full pay for maternity leave. The case is now back with the tribunal for them to reconsider.

Do you want help to better signpost shared parental leave to your staff? If so, contact your local HR Dept.

Are you welcoming to older workers? 

Let’s throw some stats at you. Over-50s make up a third of the UK workforce, and that’s rising. A quarter of businesses are unprepared for managing an increase of older workers. And the skills of over one million over-50s are being squandered due to old-fashioned employment practices.

These all come from a major new study by the Centre for Better Aging. And a Parliamentary Select Committee has recently slammed age discrimination in the workplace, too. When you consider skills gaps and staff shortages in the economy, there’s real opportunity for mutual benefit by embracing older workers.

To combat ageism and even get ahead by being proactive, there are many areas you could review. These include flexible working, your recruitment processes, your approach to workplace adjustments in managing health conditions, training for line-managing older workers and equal opportunities in career progression for all ages. For bespoke advice, get in touch.

Disciplined for unfair disciplinary

At a disciplinary hearing an employee is entitled to bring a companion such as a trade union representative. If this companion is unavailable, your employee may propose a reasonable alternative date within five working days. You must agree to this date unless there’s a good reason to reject it.

A recent court case shows it may be wise to be even more accommodating than this. An engineering firm was found guilty of unfair dismissal by an employment appeals tribunal after, among other factors, they refused a longstanding employee such a postponement beyond five days and held the disciplinary in her absence. In situations like this, take professional advice.

VIEWCLOSEExpand panel 'People Matter' Newsletter: People Matter August

How to manage low staff levels over the holiday season

Being short-staffed can happen for many reasons – an influx of new business, sickness absence and, most definitely, employees taking their annual leave entitlement. That last one is probably the most easy to plan for because it is the most predictable.

So what can you do to ensure it is “business as usual” over the summer when staff are on holiday?

Manage annual leave requests – Let’s start at the beginning and ensure you’re doing all you can to minimise the issue. You have to provide annual leave, but you do get to approve when staff take it. Introducing a “first come, first served” policy could be one fair way to ensure you are not left in the lurch. Professional software to manage annual leave, such as our HR Dept Toolkit, can really help here too (and has wider benefits).

Cross-train your staff – You know that your employees will need to cover for each other, so ensure they have training in advance to handle their additional tasks. Reinforce this with proper handovers so your stand-ins will have a chance to ask informed questions of their colleagues before they depart.

Bring in temporary staff – Do you have former staff members available who you’d welcome back on a temporary basis – a retiree or someone taking a career break, for example? They can step in and hit the ground running. A temping agency or intern programme is another option to take the pressure off, although they’d likely require more direction. Depending on your business, developing relationships with freelancers or specialist outsourcing agencies can be another effective way to manage variable workflows and resourcing throughout the year.

Supportive management – If your team is feeling the pressure, providing strong but supportive leadership will really help: prioritise tasks for them, encourage teamwork, make sure breaks are taken so that they get a chance to recharge, and keep lines of communication between you and the team open.

If you want to explore summer holiday resourcing in more detail with an expert, speak to your local HR Dept adviser.

Could you be spot checked by The Pensions Regulator?

Auto-enrolment has been around for a number of years now, so all employers should have some awareness of this mandatory employee benefit. Indeed you should be set up for it and probably making payments.

However, The Pensions Regulator receives about 80 calls a week from whistle-blowing employees who think their employers are failing to comply with workplace pension law.

Non-compliance is wrong on many levels. Notably, it is effectively stealing from staff pension pots. And it also creates an uneven playing field where one business can undercut another by not bearing these pensions costs.

The Pensions Regulator has had enough and is going to start spot-checking 100 employers a month to see if they are meeting their full obligations. The regulator will be particularly interested in businesses where there is inconsistency between two sets of data filings, such as PAYE and auto-enrolment figures.

Brexit toolkit

If you employ EU nationals, you’ll be relieved to know that the government has published a Brexit toolkit. It provides a framework for transitioning EU nationals to their post-Brexit immigration status. It also includes all the communication tools (flyers, videos etc.) you’ll require to let them know what they need to do. These will be translated into 23 languages.

The new immigration status will depend on how long an EU national has resided in the UK. If they’ll have been resident for five or more years by 31 December 2020 they can apply for settled status. Those residing here for less time can apply for pre-settled status. There will be phased applications for the new statuses until March 2019, when it will be fully open, and it closes on 30 June 2021. This toolkit is available on the government website

The right to disconnect

In the information age we live in, we’re always connected. Professionally, this can mean that employees (and business owners for that matter), may feel they never escape their email or phone calls.

So just because people can be contacted by phone, email and other electronic communications outside normal working hours, should we expect engagement or a response from them?

A debate about our reliance on phones and tablets is raging. There is growing recognition that serious mental health problems can be caused by overusing mobile devices. Phone companies are even building usage monitoring and over-use warning functionality into their software. And when work pressures are a factor too, it only exacerbates the problem: stress, anxiety, mental and physical fatigue, even burn-out could follow.

Elsewhere in Europe, legislators and courts are starting to respond to this. In France, legislation known as the El-Khombri law (named after an ex labour minister) requires companies to reach agreement with their workforce on work/life balance boundaries so staff can properly switch off.

It hasn’t gone that far in the UK yet, but a British company has been caught up in the French approach. A former director of the company’s French division was awarded €60,000 due to the expectation on him to answer his phone outside of working hours.

For SMEs in the UK (where businesses tend to have long working hours but low productivity rates), the legal obligations in this area may not be clearly defined yet. But in the absence of formal laws, being proactive in helping your staff disconnect could be a powerful way to differentiate your business.

The cost of injury-to-feelings awards

A clear-cut case of sex discrimination recently concluded at a Watford employment tribunal. The judge heard how a female employee had endured inappropriate sexual comments and touching on the hand from her boss, and verbal abuse from other colleagues. When she raised a grievance she was dismissed and described as “immature”.

She was awarded more than £15,000, and it’s interesting to note how this was broken down. £10,000 was for injury to feelings, and this was enhanced by 12.5% to £11,250 because the employer didn’t adhere to the Acas code. Loss of earnings, holiday pay and notice pay were considered to complete the full award.

The judge observed that: “Employers have to be aware that the vicarious liability provisions in the law open them up to very large injury-to-feelings awards, even when they are not aware that the discriminatory action is taking place.”

To err is human, to forgive divine?

In scorching temperatures, tempers are bound to flare at times. But can we blame it on the heat and forgive outrageous behaviour?

Apparently so, because there are some staggering examples of workplace bad behaviour where the perpetrator was not fired. One Reddit user asked for such examples and received these responses:

Accidentally blending a plaster into a customer’s smoothie (urgh!); throwing a bottle of ketchup at a boss; crushing a BMW under a truck; and calling into work “dead” only to return four days later as if nothing had happened. If you need help getting tough, you know who to call!

VIEWCLOSEExpand panel 'People Matter' Newsletter: Safety Matters Q3

Acoustic shock

An interesting court case this year shone the spotlight on an employer’s health and safety obligations concerning noise.

Control of Noise at Work (2005) are the relevant regulations. They normally deal with noise as a by-product of operations, such as machinery in a factory. But in this case, they were applied to an orchestra where noise is the primary product.

A viola player brought the case after suffering symptoms of hearing loss, tinnitus and dizziness. He had been sitting in a cramped orchestra pit in front of an 18-piece brass section which generated 135 decibels.

As with the case of the spider biting a BA employee elsewhere in this newsletter, the employer recognised the risk. They felt they had followed all reasonable steps to mitigate it.

They educated the musicians about noise protection, offered bi-annual hearing tests and even supplied two types of custom-fitted earplugs with 9 and 28 decibel filters. It was left to each individual’s discretion as to which they used. The employer explored enlarging the orchestra pit, but deemed this to be prohibitively expensive.

The judge sided with the musician and agreed he had suffered acoustic shock. This is the first time this condition has been recognised in the courts. She said that the risk assessments were insufficient, and further preventative measures should have been implemented.

Since the judgment, civil liability is no longer applicable under the Control of Noise at Work Regulations. Nevertheless the judgement suggests that employers need to go further than previously thought in protecting employees from noise. Music and event venues should pay particular heed.

Postponing ping pong!

When launching a new business you have a million and one things to think about: securing premises, marketing, your supply chain… and maybe employing staff to name a few.

It is unlikely to be your first thought, but don’t forget health and safety too. Missing something here could put you, your staff or the public in harm’s way. Or it could stop you in your tracks.

That’s what happened to a new ping pong parlour in Cambridge in July. It was the latest initiative in a programme called Ping! which has seen the local council and Table Tennis England install more than 40 tables around the city. Sadly, an undisclosed last minute health and safety issue in the shop unit delayed the launch – which had been timed to coincide with National Table Tennis Day.

Health and safety laws apply to all businesses, but if you have fewer than five employees you do not have to write down your risk assessment or health and safety policy – although you may want to. A good principle to understand is that your approach should be proportionate to the nature and size of your business. Want to know how to get started? Give us a call.

Summer sizzler

With the 2018 summer continuing to send records tumbling, it does throw up some health and safety issues for employers in ensuring staff stay safe at work. There’s no maximum temperature which is deemed too hot to work in, so it comes down to conducting your own risk assessment.

This will vary hugely from company to company. For some, working in direct sunlight will be a major threat, whilst for others certain individuals may be particularly vulnerable – a pregnant employee for example. Dehydration will be a hazard to all.

Once you have identified the risks, attention should switch to controlling them. There are five areas which are helpful to explore. These are controlling the environment, employee clothing, reviewing task scheduling, monitoring individual employees and permitting changes in normal behaviours.

We recently covered this topic in detail on our blog, so be sure to check that out for further advice and tips.

Health and Safety Myth Busters

In this feature we look at instances when unpopular organisational policies have been incorrectly attributed to health and safety. They’re the kind of case which gives H&S a bad name and the Health and Safety Executive loves challenging them.

Campsite freezer facilities

The gorgeous summer we are having is bound to have got more people than ever flocking to the great outdoors and pitching their tents. Campers will be familiar with using a cool box and ice packs to keep food and drink cold.

Many campsites install a freezer so that campers can re-freeze their icepacks. This is a management decision to offer enhanced customer service. And equally if a campsite decides that their freezers cannot be used for re-freezing icepacks, that is also a management decision made for commercial reasons. There is no health and safety legislation saying ice packs cannot be refrozen at campsites.

Children at recycling centres

There would definitely be a health and safety issue if you tried to recycle your children. However, leaving them in a car while you drop off some legitimate recycling materials is perfectly acceptable and, indeed, what’s recommended.

One recycling manager asked that children were taken from their parents’ car and left at the gates of the recycling centre as they were not allowed on site due to health and safety. Common sense would suggest that children would be at more risk if they did this than if they stayed in the car. So the recycling manager had it all wrong.

Ban on mains extension leads

Electrical safety is very serious and is governed by many regulations. However one local council took this too far when banning a tenant from using a mains extension lead in their own home. More than likely they were incorrectly applying workplace regulations to a domestic environment. While we would never undermine good practices with electrical safety, some practical guidance would have been more appropriate than a ban in this instance.

These examples show the blurred lines that can exist when interpreting health and safety legislation. They also show the potential consequences which can range from a nuisance to altogether more dangerous scenarios.

If you want health and safety legislation to help and not hinder your business then be sure to speak to one of the experts at The Health and Safety Dept.

Arachnophobia airways

A member of British Airways’ cabin crew was awarded £13,000 compensation after a judge agreed he was probably bitten by a dangerous spider whilst at work.

The employee had felt a nip as he was getting out of a bunk on a long-haul flight. He did not think much of it until a few days later when his hand swelled up terribly. At the hospital, medics felt that he was in danger of losing his hand and even his life.

He pulled through, and although the spider was not found, the judge accepted an expert witness’s testimony that it was probably a brown recluse spider, native to North America.

Bug infestations are a known risk on international flights, and it certainly was not a risk that BA completely disregarded as an employer. In this case, they argued that if the bite occurred on the flight then it was an unexpected accident that could not have been foreseen.

However, the judge found that their management of the risk of bug infestation was too focused on preventing bedbugs in the seating, which was seen as the most prevalent threat. Health and safety failings included inadequate protection from insects in the bunk area, a reactive approach to insects other than bed bugs and poor reporting procedures.

While the airline industry may have many niche risks compared to other sectors, there are important general lessons we can take from this case. In particular, the need to provide a complete response to a risk rather than a limited one that may be effective in one area but not broad enough to provide adequate protection overall.

If you need help translating a risk assessment into full procedures for mitigating the hazards, then give the experts at The Health and Safety Dept a call.

VIEWCLOSEExpand panel 'People Matter' Newsletter: People Matter July 2018

Proposals to enhance workplace rights for fathers

Could there be drastic changes to UK paternity rights on the horizon?

The House of Commons Women and Equalities Committee has examined the situation of fathers in the workplace and made bold recommendations.

These include: allowing fathers paid time off for ante-natal classes (they currently are allowed two unpaid visits); increasing statutory paternity pay from about £145 a week to 90% of earnings (capped for high earners); and considering replacing shared parental leave with 12 weeks of dedicated paternity leave.

Moreover, they propose immediate legislation to ensure jobs are advertised as flexible unless there’s a strong business reason not to; harmonising the rights of agency, self-employed and employed fathers where possible; and adding the characteristic of “paternity” to the scope of the Equality Act 2010 to encourage cultural change.

The report considered international evidence of better outcomes for children when fathers take paternity leave – particularly if longer than two weeks. These are numerous, but include improved performance on cognitive tests and, over the long term, less chance of social problems.

Counterintuitively, this raft of improvements to fathers’ workplace rights is partly suggested to improve women’s workplace prospects. It could even help to reduce the gender pay gap. This is because with an easier environment in which fathers can share childcare duties, it is also easier for women to return to work and continue their career at closer to their pre-children pace.

At this stage, these are just proposals. And they’re not guaranteed to become law. However, there has been a growing trend towards family-friendly employment law, so we wouldn’t be surprised to see further legislation in this direction.

For a long time we have championed the implementation of family-friendly policies. Long-term benefits of staff loyalty, retention of in-house skills and a wider talent pool from which to recruit can be difficult to appreciate before you have them. And let’s not forget that SME business owners face all kinds of pressures. But you don’t have to wait for law changes to go family-friendly. So to get ahead of the curve, contact us for help drafting your own family-friendly policies.

LOL office gripes

While we’re enjoying a beautiful summer in 2018, it can make people tetchy if they are cooped up in an office. Especially if you don’t have air conditioning. So we thought we’d look at some of the funniest passive-aggressive notes and responses that colleagues have left each other in their workplaces:

“Please remember to date the food cans! Thanks.” Response – “Tried on three occasions to date cans, they only think of me as a friend…”

“To the person who ate my lunch… Pay no attention to the mouth sores you’ll be getting. They’re probably nothing…”

“The printer is here temporarily.” – Response “In the greater scheme of things, aren’t we all?”

“Please do not unplug the coffee maker.” – Response “Please do not use whimsical fonts.”

It may be a bit of fun when it’s happening to someone else, but such notes could indicate an underlying cultural problem, so take heed if they start appearing in your office.

Wellness benefits on the rise

With low unemployment and ever-increasing attention on mental and physical health, health and wellness benefits are appealing ways to recruit and retain talent.

Businesses like them because they’re a cost-effective way to improve remuneration, and they can help to reduce absenteeism. And for employees they are valuable benefits which may not otherwise be attainable.

Looking at the USA where they also have historically low unemployment, 34% of organisations have increased their benefits offerings over the last year. About three quarters of these say this was to aid retention and more than half did it for recruitment purposes. This was from a survey by the Society for Human Resource Management.

Are you struggling to attract or keep talent in your business? Introducing or improving wellness benefits could be the answer. Ask us about the excellent range that we can offer.

Holiday pay headache

We have entered the holiday season for 2018. And whether your staff take time off to enjoy the gorgeous summer we have been experiencing in the UK or are venturing further afield, calculating their holiday pay has got a whole lot more complicated in recent years.

It started off with having to include guaranteed overtime which staff were required to take by their employer. Subsequently, commission for sales staff had to be reflected too. And now voluntary overtime pay must also be calculated and added to holiday pay unless it is genuinely occasional.

Cases like this are regularly being tested in the courts, and the answer is always coming back the same – regular forms of pay must be included in holiday pay. The principle that underpins these judgements is that people should not be discouraged from taking their annual leave. And through the indirect financial penalty for not having overtime included in their holiday pay, it is judged that this would occur.

The laws, which come from Europe, only concern the first four weeks of holiday pay. However, in practice, most businesses will blanket apply the rules, as it would be an even bigger headache to run parallel holiday pay systems.

There is some danger of back pay claims being made, although limits are in place to restrict these.

It is advisable to take extra care when calculating your holiday pay rates this summer. If you want help getting it right, then speak to your local HR Dept advisor, and they will ensure you consider all relevant factors.

Protecting your interns from harassment

Hiring summer interns can be a rewarding experience for company and intern alike. There are challenges, as well as benefits, though. One such challenge is the potential for harassment of these most junior of staff.

The #metoo movement has put perpetrators of harassment in sharp focus. It has also highlighted all-too-common institutional failings in exercising the employer’s duty of care. So what practical steps should you be taking to ensure your interns are protected?

The key activity is training. Make time for this for both permanent staff (including managers) and interns. You should cover respect and the standards of behaviour expected. Some companies ban managers from dating interns. Training should include clear instruction on what harassment is and how to report it. Work parties may be an area of higher risk, particularly if alcohol fuelled. So give extra consideration to interns when planning summer staff socials.

Obesity in the workplace

A government adviser has suggested overweight employees should be allowed to arrive late to work. This is so they can avoid the morning rush hour if they have mental or physical difficulties with it. He even suggests that obesity should be made a protected characteristic so that overweight people can claim discrimination at a tribunal. The ideas, presented at a European Congress, have met with resistance from other quarters. We ran our own Twitter poll, asking whether obese workers should be allowed to start late to miss the rush hour. The results show 79% replying no to 21% in favour.

VIEWCLOSEExpand panel 'People Matter' Newsletter: People Matter June 2018

Meeting demand with seasonal workers

For many businesses, dealing with peaks and troughs in demand is a real challenge – especially when it comes to staffing levels.

Hiring seasonal workers to level them out is a sensible solution for many. But it’s important their employment status is clear. Will they be employees, workers or self-employed? Their status will determine how they work and what rights they have. For example, a casual or zero hour person with worker status can decline to work, while an employee is obliged to carry out duties that fall within their role, and while employees have many statutory rights including the right not to be unfairly dismissed, workers have very few rights but are entitled to paid holiday.

So how can you ensure seasonal workers are treated fairly? Those on a fixed-term contract should, by law, receive the same treatment as their permanent colleagues. So if permanent employees share tips, those on fixed-term contracts must be included too. The same goes for part-time employees who are entitled to be treated in the same way as their full-time colleagues.

For many businesses, the busiest times coincide with students’ holidays when they are looking to boost their funds. So this can be a useful pool to recruit from. If they’re over 18, it should be plain sailing. Any younger and you’ll need to consider strict rules governing the employment of someone under the compulsory school age, as well as additional working-time obligations.

Hiring agency workers might seem the simplest solution – but that doesn’t let you off the hook entirely! You’ll need to give them access to all the facilities your employees enjoy, and let them know about any permanent vacancies. And under the terms of the Agency Workers Regulations, once they’ve been with you for more than 12 weeks, they’re entitled to the same basic working and employment conditions you give your own employees.

It’s clear that there are pitfalls in taking on seasonal workers. With employment law changing all the time, you may need some help to get it right. If there’s anything you’re not sure about, talk to The HR Dept.

Moving towards a more inclusive workforce

You’d think in this day and age, employees could feel comfortable being open about their sexuality. But according to LGBT charity Stonewall, more than 35% of LGBT people hide or disguise their sexuality, fearing discrimination at work.

And for anyone thinking that young workers will be more upfront, it’s worth pointing out that the highest proportion of people who hid their sexuality in the workplace were aged 18-24.

How can organisations and their staff become more inclusive? The first step is to encourage an open and supportive culture, making it clear intolerance and discrimination isn’t acceptable. Remember it’s ok to admit you don’t know everything – so practise reverse mentoring and learn from less senior employees who understand more than you.

Throughout June, LGBT Pride events will be happening around the country. Could your organisation support one of these, sending a clear signal that inclusivity is firmly at the top of your agenda?

Holiday management

Holidays… they’re meant to be fun, relaxing, a time of the year to look forward to. So why do they have to be so stressful to organise?

Your staff may be wrestling with school-holiday price jumps, inconvenient (but cheaper) mid-week flights or last-minute deals. And their pressures may transfer to you in the guise of a short-notice holiday request, conflicting bookings and the need to handle frequent questions about holiday entitlement.

Having a clear written holiday policy and communicating it to staff gives you the framework to manage these issues and should be considered a bare minimum.

Looking at advanced solutions for SMEs, our HR Dept Toolkit software is the smart choice. It allows employees to self-manage holiday entitlement, taking much of the headache away from you. For a free demonstration, get in touch.

How SMEs can compete with large companies in the fight for talent

Naturally you want to attract and retain the best people. But if you’re an SME, how can you possibly compete with the salaries and perks offered by some of the big players? That’s a dilemma faced by many.

Indeed in a recent SME confidence-tracking survey from Bibby Financial Services, 27% of SMEs said they’re struggling to hire the right skills. More than one in five are having to increase remuneration to retain talent.

While that’s not a very positive picture, it’s not all doom and gloom. The good news is that as an SME, you have plenty to offer. A 2017 survey showed that career progression and development tended to be more important to employees than working for a big brand. In a smaller company employees have more opportunity to be involved in different aspects of the business building their skills and experience quickly. And if they have ambitious plans for their career, they’ll probably have their sights set on great things for your business as well.

Don’t forget the importance of training too. That’s an extremely attractive benefit which can help you recruit and retain the right people. SMEs are recognising this, with 42% planning to invest in training. And if you currently have a skills gap, it often makes more sense to develop someone in your team, rather than trying to find a ready-made solution from outside. It’s a great way to improve performance, foster loyalty and turn your workforce into even more of an asset.

If you’re concerned about attracting the right talent for your business, give us a call.

Could you win during the world cup?

The bookies have Brazil, Germany and Spain as the favourites for this summer’s world cup. But could your business be a winner too, indirectly?

Many people will be looking forward to watching their favourite team in action. And with games coming thick and fast on weekdays and weekends, most businesses will have staff who would appreciate flexibility so they can catch a match.

Your options for facilitating this will depend on your circumstances. But ideas to consider include showing the game onsite; allowing employees to follow matches on personal devices; and permitting flexible working.

Research suggests that the distraction of major sporting events can become a management problem for about one in four businesses, with issues like reduced productivity and unauthorised absence. But by taking a proactive approach you can prevent this own goal and actually boost employee engagement, goodwill and therefore productivity.

Dogs at work

A cute canine will bring a smile to most people’s faces. So if you haven’t considered letting your employees bring their furry friends to work, perhaps now’s the time.

No, we haven’t gone barking mad! It’s ‘Bring Your Dog To Work Day’ on 22 June – so why not give it a go? Research shows that enrolling a four-legged friend can reduce stress, strengthen relationships and make the office a happier place. It might even help you attract top talent.

Do bear in mind that some may have a phobia or allergies, so check your whole team are wagging their tails at the idea.