Managing remote redundancies

Redundancies are on the rise. They are also beset with issues not experienced before, such as how should they be conducted during the lockdown?

We must stress from the outset that there is a proper process that must always be followed and documented. Make technical errors in this process and you could be hit with unfair dismissal claims. These can be expensive with up to 52 weeks’ gross pay being awarded.

Talk to us if you need support managing the process. Key pitfalls to be wary of include not having the correct selection pools, not consulting early enough, not adhering to consultation timescales and finally, selection criteria which discriminates against anyone with a protected characteristic.

These would be equally relevant during normal times, but what is different right now is how you deliver the news. Many companies have been turning to video calls.

There is no legal barrier to doing this, but you need to be mindful of how you use platforms like Zoom. One story told on BBC News featured a lady in America who was made redundant in a group call with 15 other people which she found difficult to deal with. She felt it led to her failing to ask important questions. This would not be permitted in the UK where employees have a right to individual consultation.

Assuming you are using the technology legally and following the correct processes, then we come on to the human touch. For example, we would advise never to do this on a Friday. The person hearing the news tends to not take all the details in and will later have many questions. How will they pay the mortgage? Etc. If it’s done on a Friday, there is usually no one available for two days to answer these questions.

Before making the call think about the person. Do they live alone? Are they shielding? What support can you give them?

You probably already know that video calls can be awkward, so factor this into your approach. There are fewer cues available to pick up on body language than in a face-to-face meeting. Yet it is harder for people to hide if they are upset than during a telephone call. There is also greater potential for embarrassing interruptions, or poorly timed screen freezing or lags.

If you have followed the correct processes it will not be a total surprise when you formally tell them they are being made redundant. Consultation calls exploring the options will have already taken place and this will have given them some chance to process the situation. This should help, but still take care to deliver the news sensitively. Providing outplacement support even if it is just helping to write their CV will make a world of difference to them and make the process less stressful for you.

Furlough fraud

With a sad inevitability, there are reports that employer abuse of the government’s furlough scheme is rife. Two whistle-blower charities have said they have received numerous calls from employees being coerced into breaking the law by being asked to work while furloughed. Up to 14th June, HMRC said it had received 3,079 complaints from the public.

Then there is the other side of the coin. Employees, with a compulsion towards presenteeism, surreptitiously working whilst furloughed.

Presenteeism was already a problem before COVID-19, and the increase in remote working has exacerbated it. Canada Life surveyed Brits working remotely during the crisis and found many had continued to work through illness – 40% said they did not feel ill enough to justify a day off, 26% said their workload was too great and 16% cited a fear of redundancy.

HR and people management can help. It calls for clear leadership in explaining the boundaries of both furlough rules and remote working. While a good work ethic is a desirable quality, try being a role model for switching-off too.

A contact tracer called

You are probably familiar with the government’s 25,000 strong army of contact tracers. They are tasked with tracking down people who’ve been in close proximity with someone who’s tested positive for COVID-19.

If identified, your employees may be instructed to directly self-isolate, or find themselves caring for family members who are affected. As has been the case since the early days of this crisis, nothing should get in the way of their doing so in order to break the chain of transmission of the virus.

This means that they are eligible for statutory sick pay (SSP) from day one of illness or isolation. Depending on circumstances, you or they may find it preferable for them to continue working remotely or take holiday leave.

Of course, it’s possible that a swathe of your workforce may be asked to self-isolate at once: especially if it’s another of your team who has tested positive. This would be sure to challenge management.

How would your business be staffed? It is a question best thought about in advance. The key measure of close proximity is whether people were closer than the current recommended distance for more than 15 minutes. So you may be able to reduce the impact of self-isolation on your business with careful planning which takes this into consideration.

You will, where possible, be enforcing social distancing anyway. Can you also divide your team into smaller units (or bubbles to use the government’s term)? These could work onsite on alternate days or in clearly demarked areas, for instance. This would both contribute towards combating the spread of the virus, and lower the risk of your whole workforce being asked to self-isolate at once. For help designing effective back-to-work policies for your business, get in touch.

A £23,000 email

Even if you consider you have good reason to sack someone, it’s essential to follow Acas guidelines. And be especially wary about taking such action when they have a protected characteristic under the Equality Act 2010.

A law firm found this out to the cost of £23,000 when they dismissed a pregnant administrator just one week after she started her position. The employee was suffering from hyperemesis (severe nausea and vomiting) and had called in sick twice. On the day of the second absence she was dismissed in a lengthy email claiming that she was unreliable.

The judge agreed that this was a true reason and that the employer had taken more time to explain it in the email than was often the case. Nevertheless, they judged it was still unfair and discriminatory. Moreover, the firm did not follow the Acas process which would have included informing her there was a problem; giving her a right to discuss it; and carrying out an investigation. For this lack of fair procedure, the award was uplifted by 20%.

Are you compliant with the Good Work Plan?

Don’t forget, the biggest changes to employment law in 20 years were introduced in April. Doubtless, like everyone else, you’ve had other matters to deal with. Nonetheless the new legislation is in operation. It affects several areas starting at the very beginning of working relationships.

That’s because rather than having eight weeks to provide a written statement of employment particulars, you now have to do it on day one. This is normally done via the employment contract. However, these details must now be provided for those with worker status too, as well as full employees. And there are more of them than you have had to provide before.

Other changes include new ways to calculate holiday pay for those who work irregular hours (this may have a bearing in calculating redundancy pay); an end to the Swedish derogation, which may affect you if you use agency workers; and the introduction of the right to parental bereavement leave and pay. Get in touch for a contract review.

“Where’s my stapler?”

As we rang in the New Year, who’d have thought that borrowing a colleague’s pen could be regarded as a danger to life. But that is the “new normal”. So as employees return from furlough or home working, communal stationery will be a thing of the past in many workplaces. We’ll all be pedantically Tipp-Exing our names onto staplers like Gareth from The Office.

In Australia (a few weeks ahead of us in coming out of lockdown), office suppliers are already reporting spikes in sales as individual equipment ranging from label makers to mini fridges are purchased for each team member. Is this the way forward for your workplace? Or is it a step too far?

Getting back to business

More changes for businesses are afoot in the UK government’s plans to ease lockdown restrictions. There’s a lot to digest but we’ll highlight the key points and what steps you need to take to ensure you’re ready for the next phase.

The UK government has produced guidance to help companies reopen as safely as possible. These eight workplace-specific guides detail the measures you need to have in place to minimise the risk of infection spreading. You may operate in a number of different types of workplace, so make sure you familiarise yourself with all relevant guides.

Common to all businesses is the requirement to undertake a Coronavirus-specific risk assessment before your employees return to work. Ensure that this is done in collaboration with all departments in your organisation for a holistic solution. Get in touch if you need help with policy writing. The requirements for social distancing and PPE may present some practical health and safety difficulties for you. So consider getting advice from our sister company – The HS Dept – to ensure you do this well.

The new guidance specifies that vulnerable workers be put in the “safest possible roles” if they can’t work from home. If this requires a change of role, you need to follow standard HR procedures and consult with any affected employee. Your workforce has rights which are protected by their employment contracts, health and safety legislation and the Equality Act. It is essential to consider these before you introduce any changes to remuneration or working hours.

Though the focus is shifting to a return to work, some employees may still be working from home, and it’s important that you don’t lose sight of their needs. Regular communication is key to addressing any issues before they escalate and the time and effort involved are well worth it.

Balancing the pressure to get back to business whilst keeping your employees safe is not easy. But don’t forget, you have a duty of care to your employees and employment law obligations. We are here if you need any advice, so get in touch.

Updates to the Furlough Scheme

It will be a relief to many businesses that the Chancellor, Rishi Sunak, has extended the Coronavirus Job Retention Scheme until the end of October. If you are using the scheme, this means that your furloughed workers can continue to receive 80% of their current salary, up to £2,500 if necessary.

Some new flexibility will be introduced from the beginning of August in an attempt to boost the economy. Furloughed workers who are able to, can return to work on a part-time basis, which many businesses will welcome.

One cost we must flag to you is that, from August, you will be expected to pay a percentage of furlough pay, replacing some of the government’s current contribution.

The government will provide more information by the end of May, and is exploring further opportunities for furloughed staff to access training. We’ll continue to keep you updated, but do get in touch if you have any questions.

Dealing with grief in the workplace

Sadly, many people are now grieving the loss of loved ones due to Covid-19. Helping the bereaved can seem daunting and, if any of your employees are in this position, you may be wondering how best to help.

The Good Grief Trust website is a good starting point, with a host of resources for the bereaved. An Employee Assistance programme, if you have one in place, can offer counselling and other practical support. And though there is no statutory bereavement leave other than for dependent children, we’d recommend offering a few days paid leave if your employee needs to make arrangements.

Ensure that anyone who has lost someone, yet appears to be coping fine, doesn’t fall through the net. Being open and communicative will give those grieving permission to act in an open and communicative way themselves, and is the healthiest approach you can foster in your workplace.

Prevention is key to managing workplace absence

Coronavirus-induced stress and working in lockdown is taking its toll on the nation’s mental health. A survey by the Mental Health Foundation and LinkedIn found that more than half of HR leaders felt mental health issues like loneliness and stress had increased since Coronavirus hit our shores.

If it leads to your employees needing time off work, that will be detrimental to their well-being, costly to your business and increase pressure on those employees still working.

There are ways you can reduce the risk of this harming your business. Adopting and promoting a wellness policy that showcases good mental health practice will not only improve the health and resilience of your workforce but will also demonstrate your commitment to their well-being – a win-win!

So, here are some tips to help you get your wellness policy off the ground. Monitor when your remote workers are logging in and out. The boundaries between office and home are now blurred and many employees feel under pressure to be constantly available. Extra hours do not equate to better productivity and excessive hours increase the risk of burnout.

Encourage managers and colleagues to open up. You could try introducing virtual coffee breaks and keep reiterating the message that it’s good to talk. Realising that others are in similar positions will help everyone.

Advocate exercise. Its physical and mental health benefits cannot be overstated. Bear in mind though that not everybody likes sport; so it’s worth reminding your employees that anything active like gardening or a brisk walk can boost mental alertness, energy and positivity.

And keep ringing the bell for good hygiene. As the country starts to open up, this message is more important than ever.

Be reassured – investing in your employees’ mental and physical health now will pay dividends in the long term

Get ready for the UK’s points-based immigration system

From 1 January 2021, the UK will introduce a points-based immigration system. Under the new scheme, migrant workers will be required to have 70 “points” before they can apply for a visa to work in the UK. Points are assigned for specific skills, professions, qualifications, salaries and shortage occupations such as nursing and civil engineering.

This constitutes a big change for employers and we advise that you start workforce planning now. To employ a skilled worker, you will need to be a Home Office approved sponsor and offer your candidate a specific job at the required skill level which could be time consuming. If your business relies on ‘low-skilled’ workers you need to ensure you aren’t left with a staff shortfall.

This is new territory, so if you need any clarification, do give us a call.

A zoom with a view

Zoom meetings are opening up our homes like never before! And don’t be fooled into thinking nobody cares where you’re working. The popular Twitter account “@ratemyskperoom” makes it crystal clear that people are interested and people are judging.

If you’re concerned that your room doesn’t make the grade, don’t panic. Download a selection of tasteful home backgrounds from Ikea to impress your most discerning colleagues. Or, if you fancy something more creative, the BBC has given access to 100 empty film sets. Why not host your next meeting from the Tardis? Probably best to avoid the Queen Vic though – people will talk.

COVID-19: Summary of news for employers

With coronavirus-related regulation being brought in and amended on a daily basis, you could be forgiven for experiencing information overload, and struggling to decipher what’s relevant to you. So here’s a rundown of some of the headline information for business owners.

The Coronavirus Job Retention Scheme has continued to evolve since it was first announced. Most recently the scope has been widened to include any employee on your PAYE scheme on or before 19 March (previously it was 28 February). And you can now extend fixed-term contracts so those on them continue to be covered. People with caring responsibilities can now also be furloughed

Make sure poor admin doesn’t trip you up when using this scheme. A written and signed agreement with a furloughed employee, stating the date the furlough started, needs to be in place and kept for five years.

Short term sickness absence for self isolation is covered by Statutory Sick Pay but if there is a business reason to furlough an employee on sick leave they can be furloughed.

There has been a relaxation of the rules on annual leave. It is recognised that many staff will not have used their holiday entitlement and if they had to in the remaining year it would cause more problems for the business. The company can now agree to allow them to carry their statutory leave over into the next two leave years.

And then there’s the home working! With many more employees working remotely now, consider a home working policy to clarify expectations. Motivation may be an issue. Regular communication and video conferencing will encourage the maintenance of good working practices. Ensure your employees are fully equipped to do their jobs properly and that your data remains secure in remote environments.

It’s worth reminding employees of what constitutes good health and safety whilst they’re home working. Our e-learning modules can help you with this.

The uncertainty associated with this virus is having a big impact on mental health and well-being. Be understanding, keep communication flowing, advocate exercise and virtual socialising and share useful mental health support resources.

And remember, The HR Dept is here to give you a helping hand during this time, so get in touch for more information or support and visit our dedicated coronavirus HR hub for more information.

Financial well-being

As you’ll know, and may be experiencing yourself, the coronavirus pandemic is leaving many people very worried about their finances.

If you’ve had to reduce hours or furlough staff, be sensitive to the impact this will have. And, if you are in a position to, try to reassure your employees that this is temporary. Although don’t commit to anything you can’t deliver.

Financial anxiety is exacerbated by lack of knowledge, so it’s worth signposting what resources are available at the moment. Some banks are offering delayed mortgage repayments, for example, which may ease current pressures.

Explain employee benefits such as statutory sick pay and highlight available support or counselling for debt either via your employee assistance programme or an external organisation like Citizens Advice.

Your employees will be grateful for any help you can offer at this difficult time.

Temporary relaxation of Right to Work checks

Acknowledging the difficulties employers face carrying out Right to Work checks in the current climate, the government has published temporary amendments to the required procedures.

The process has been made far easier for employers. As of 30 March 2020 you can conduct checks over video calls and accept emailed scanned documents in place of the originals. So, for clarity, you still need to check someone’s legitimacy to work (in the revised manner), and also be mindful of potential discrimination for those who are unable to provide documentation.

The government will announce when these measures will cease. At this point, full retrospective checks for those hired during this temporary period will be required.

Get in touch if you need any further help understanding what you need to do.

Stay up to date with important legislative changes

More elements of the Good Work Plan came into operation in April, with a raft of employment law changes. Reported as the largest upgrade to employment rights in two decades, there’s a lot to digest, but we can help get you up to speed with what you need to know.

We’ve been putting this on your radar for the last few months. But now the changes have arrived, it would be all too easy to miss them during the coronavirus pandemic.

A significant aim of the plan is to address the needs of the increasing number of ‘atypical’ workers and, as such, holiday pay calculations have been altered to better cover those with irregular working hours.

Improvements to agency workers’ rights with a move away from the Swedish derogation model is one to watch out for if you engage agency staff. Importantly, there are changes to contracts, which see the introduction of the day one right to a written employment contract (until now you had an eight-week grace period to provide this). Another noteworthy introduction is “Jack’s Law”, which sets down legislation around parental bereavement leave and pay.

You also need to be aware of the new wage rates applicable from April. The National Living Wage for the 25 and overs has increased from £8.21 to £8.72 an hour and the National Minimum Wage has also seen increases in all of its categories.

In a separate measure, to ease some of the pressure faced by employers in these unprecedented times, the Government Equalities Office has stated that employers will not have to report their gender pay gap data for this reporting year (2019/2020).

Get in touch if you’re looking for any further information or guidance on the above changes. Our experts will be happy to help.

Clarification on apprenticeships

Amidst the barrage of information about the impact of coronavirus on employers and employees, apprenticeships had been largely overlooked. Thankfully, this is no longer the case and the government has provided some much needed support and guidance for you and your apprentices.

Key measures include giving flexibility for furloughed apprentices to continue training, rescheduling or modifying end-point assessments where necessary and offering time extensions for assessments. The measures encourage training providers to deliver training to apprentices remotely, and via e-learning where practicable. They also explain how to record breaks in learning so as not to unnecessarily disrupt funding.

For those apprentices who have been made redundant, the government has stated its ambition to find alternative employment to continue their apprenticeship as soon as possible and within 12 weeks.

Bright sparks

In these strange times, it’s easy to get overwhelmed by bad news. So, let’s focus on the positive for a minute and consider what amazing developments may emerge from this situation.

Isaac Newton, forced into isolation in 1665 to avoid the Great Plague, developed his theories on calculus, optics and the laws of motion and gravity! Sometimes, a crisis and a bit of thinking time can lead to some world-changing advancements.

So, let’s all channel our inner entrepreneur and use this time wisely. Maybe an Einstein, Darwin or Tim Berners-Lee has just been waiting for this moment to change the world!

Team building – All for one and one for all

You’ve only got to witness the recent panic buying to know that in times of crisis, self-preservation can alter people’s behaviour. And if a crisis skews behaviour in your organisation, it can damage relationships, team dynamics and company culture.

Promoting a resilient culture within your organisation where employees collaborate during good times and bad benefits both your employees and your business.

Building strong, committed teams doesn’t just happen. But it doesn’t have to involve an expensive day out of the office. It can be achieved over time through your company culture, although this means far more than a hackneyed mission statement on the wall.

It is things like encouraging idea-sharing and interaction, and fostering an atmosphere where your employees have the confidence to feed their opinions back to management. This can be supplemented with team building activities that promote working together and problem solving, in line with your budget of course. They will help forge a sense of inclusivity, shared identity and maybe even friendship.

You’re not looking for a workforce of carbon copy identikits. Celebrate difference and help employees to identify their own strengths and those of their colleagues.

From introverts to extroverts, right-brain thinkers to left-brainers, there’s a lot to be gained from a diverse team of people working together. For instance, you will avoid the perils of groupthink, and the different perspectives may lead to unique insight that will help your business grow and evolve. You’ll also better represent the breadth of your customer base.

Remember this when remote working too. It can be isolating to work remotely and feelings of exclusion may be more difficult to spot. Ensuring that your corporate culture embraces remote workers may be challenging. So think about how the team can keep in touch and strengthen relationships with their colleagues virtually.

If an underlying issue is affecting your team’s ability to work well together, we can assist. We offer a new service which includes fun games that help with team building and leadership alongside other services such as personality profiling. Confronting such issues head on with help from The HR Dept will allow your company to move onwards and upwards.

Coronavirus update

We are all having to adapt to the new and changing coronavirus landscape – and employers have their own set of challenges.

The news is changing frequently, so it’s important to keep up to date with the latest official advice from the government, Acas and your sector.

But what should you be doing with your HR hat on? Taking into account official advice review your existing documentation to ensure the appropriateness of any infection control and travel policies.

Understand how your business will respond to absenteeism from illness, self-isolation or caring for a dependant and make sure your policies reflect this. Then communicate these with your staff. There may be a lot of nuance to this, so contact us for advice if you’re unsure.

Flexible working will never work for some businesses. But if it just might for yours, then implementing it now could be the decision that keeps operations running. Again, get in touch if you need help making this work for you.

And don’t forget that hygiene is king. So whatever happens in your organisation, make sure it happens with clean hands!

See our dedicated coronavirus news page for recent announcements and coronavirus FAQs

The Good Work Plan

Here’s another quick heads up about important changes to employment law coming in April. Responding to modern working practices, the government is introducing the Good Work plan. The plan aims to increase rights and benefits for workers and agency workers. But, be aware, some of the changes do affect all employees.

The impact of this legislation is far reaching. In April, a day one right to employment particulars (often detailed in the employment contract) for new workers is one of the main changes. It’s required for people with worker status, not just employees, and it will need to carry more wide-ranging detail. Other changes include the introduction of parental bereavement leave and pay (Jack’s law) and a change to how holiday pay is to be calculated.

We know that this is a potential minefield and that employers can be subject to harsh penalties for failing to comply. So if you need support, give us a call.

Sleeping on the job

We’ve been following the case of whether care workers are entitled to receive the national minimum wage (NMW) for sleep-in shifts for several years. It’s recently come before the Supreme Court, and how the ruling goes will have a big impact on the care industry.

The original tribunal found in favour of the employee but the Court of Appeal overturned this decision, taking into account the enormous financial burden for caring charities and small businesses. Unison, batting for the employees, then won the right to appeal this decision. While now, in practice, many care providers do pay NMW for sleep-in shifts anyway, the cost of back-pay, if it becomes chargeable, could run into hundreds of millions of pounds.

Far clearer is that if you’re not allowed to kip at work, don’t. That also applies when working from home. Learn from a sleepy bank worker in Germany who, drifting off mid bank transfer, moved around 200 million euros more than he’d intended. Perhaps, when keying all those 2s, he was trying to type zzzz.

Coronavirus: Budget support

Acknowledging coronavirus’s huge impact on SMEs, we’re pleased to see that Rishi Sunak’s Budget provides some support measures. We already knew that statutory sick pay (SSP) would be more widely available, payable from day one. And we found out that firms employing fewer than 250 employees can claim back two weeks’ SSP payments related to coronavirus. Although it’s only £94.25 per week per employee it will help cashflow. Records should be kept, but GP fit notes aren’t necessary (NHS 111 is being geared up to provide these after 7 days of sickness).

Other measures include Business Rates Reliefs for small businesses, bespoke Time to Pay arrangements for tax due to HMRC but disrupted by the virus and a Coronavirus Business Interruption Loan Scheme which supports loans to SMEs. Currently up to 5 million.

A spotlight on race discrimination

The emergence of coronavirus has caused much suffering. Beyond the dreadful levels of illness and fatalities, secondary impacts are being felt. It’s hurting trade, tourism and society. The newspapers are awash with stories of UK-based Chinese people (or people who simply look Chinese) being abused, shunned and ridiculed.

It’s something to be mindful of in your business. Whether it’s dressed up as banter or is more malicious, it is not just uncomfortable for the recipient. It could also be uncomfortable for the business in the form of a race discrimination claim.

You are probably already aware that race is one of nine characteristics protected by the Equality Act 2010. And if race discrimination is found to have occurred, the penalties can be severe. According to the latest employment tribunal annual report (2018/19) the maximum award for race discrimination in the previous year was £33,660 and the average award was £12,487.

So it would be wise to remind your team of expected behavioural standards and document yourself doing so.

But problems with racial discrimination and diversity are not just a symptom of coronavirus. They are an entrenched problem in British business. The Parker Review Report (commissioned to consult on the ethnic diversity of company boards) recently found that 150 of the FTSE 350 companies (top 350 companies listed on the London Stock Exchange) have zero directors of colour.

Another example of this entrenchment comes from the world of entertainment. This year at awards ceremonies, diversity was not a winner. Not a single person of colour, and no women, were nominated in the Best Director category at the Baftas for instance.

There’s anecdotal evidence aplenty too. Talking to the BBC in 2020, lawyer and diversity campaigner Funke Abimboal describes the bias she’s experienced during her career due to her African name, gender and skin colour.

The flip side of getting penalised for racial discrimination, is that you can help your business fly by embracing diversity: from avoiding the perils of groupthink to appealing to a broader customer base. If it’s something you would like to address, call The HR Dept.

A not so happy birthday

Far from thanking colleagues for taking the time to wish her a happy birthday, one legal secretary threw the book at them, and her employer.

She walked out of the office that very afternoon, wrote a letter of complaint (which claimed she felt ‘ambushed, punched, slapped and humiliated’), resigned a few weeks later and then took the firm to an employment tribunal for age discrimination.

She also argued that she was protected by whistleblowing legislation for exposing breaches in data protection – presumably for revealing her birthday and age to colleagues.

Fear not, if you are a company that likes to promote a friendly workplace culture. The tribunal did not agree with her interpretation of events. They found her sensitivity around her age ‘unusual and extreme’. And that whistleblowing legislation was not relevant as making the disclosures was not in the public interest.

Workplace #bantz

Comments from the head of the Chartered Management Institute on Radio 4’s Today programme sparked debate on what’s acceptable to talk about in the workplace.

There’s a fine line to walk in permitting workplace banter, which can easily spiral into bullying or harassment. But on the radio show, she suggested the line should be drawn the other side of football and cricket chat, describing it as a gateway to more laddish behaviour.

She didn’t think sports talk should be outlawed: just moderated. She said many women in particular feel left out by the topic. This met with much resistance, with high-profile women like an ex-sports minister and BBC journalist poo-pooing the sentiment. It certainly plays to gender stereotypes which is a risky business in itself in the workplace.

So assuming you don’t go as far as to ban sports chat or other topics of casual conversation, it will depend on your culture whether you allow any degree of banter. If banter is appropriate to your business, you should still monitor it and intervene if it gets out of hand.

If someone indicates they are not comfortable with being on the receiving end of banter, that should be respected. Consider it a red flag for the business if any of the characteristics protected by the Equality Act 2010 are touched upon. An element of discrimination would be an aggravating factor should you face an employment tribunal.

It’s essential to have disciplinary and grievance policies. And it would be good practice to have clear and well communicated policies on bullying, harassment, equality, diversity and inclusion. You could also offer training on these, if necessary. For help implementing any of this, get in touch.

Sacked for sickness

Don’t feel you’re automatically a Scrooge for sacking someone for taking too many sick days – even if they all relate to genuine illness. You have a business to run, and the strain on you or your colleagues, and impact on your customers, from their persistent absence may well be too much.

But to avoid or defend unfair dismissal claims, it’s essential you have a sickness absence policy that gives you the framework to do this. And that you document the proper procedure that you follow. Remember to ensure that your policy makes reasonable adjustments for those with a disability and excludes maternity related absence.

It was recently reported that M&S dismissed an employee for taking too much sickness leave. She’d had a poor run of luck with illness and injury, but even so was in breach of her employer’s policy. She appealed, but the company found that all their procedures had been followed fairly, and upheld the decision – a textbook example of the power of good policies and procedures in a difficult situation.

Equal pay claims

Last year Asda was taken to court by a cohort of workers with an equal pay claim. That case is still rumbling on. Now in a claim with similar hallmarks, hundreds of shop floor employees at the Co-op are claiming they should be paid the same rate as warehouse staff. Currently there is a £1.50 to £3 differential per hour. Backdated pay alone could add up to as much as £10,000 on average per employee.

As with Asda, the case is compounded with a discrimination element: most of the warehouse staff are male, and most of the shop floor staff are female. In due course, the supermarkets will discover their fate. And if judges rule against them it will not be cheap.

To avoid something similar, albeit on a smaller scale, the correct procedure is to conduct job evaluations. We can help with this, so just ask.

The ‘productivity’ toilet

Apparently, £4 billion goes down the toilet every year due to the lost productivity from extended loo breaks in UK workplaces. That’s according to a company which has designed a patented “StandardToilet” as a solution. Its 13-degree slanted seat is enough to make any more than a five-minute toilet trip uncomfortable.

Perhaps it might be effective, but it raises many questions. How would an employee with a disability cope? What if someone is feeling unwell? And why do you have a problem with extended loo breaks in the first place? For instance, if staff are seeking refuge due to stress, it’d be far more proactive to identify that and address it directly.

Beyond COSHH when dealing with
hazardous substances

In some industries, working with hazardous substances will be the mainstay of your business. You’ll be familiar with the law, with assessing risks and fulfilling your responsibilities. For others, this won’t be so clear – hazardous substances won’t be part of your core operations, but they may still be present on site. So it is important to be clear on what is expected of you.

COSHH (Control of Substances Hazardous to Health) is the law requiring you to control hazardous substances. It regulates the labelling and handling of substances and lays down the principles of good practice.

As a business, you are required to find out what your health hazards are, provide control measures to reduce harm to health and ensure that those controls are used and in good working order. You also have a responsibility to educate and train your employees, protect those visiting your site and provide monitoring and health surveillance in appropriate cases.

But it’s not necessarily just COSHH that you have to consider, as these following two prosecution cases highlight. Depending on your sector, there may be other legislation relevant to you.

The HSE recently investigated and prosecuted a bio-sciences company for being in possession of a large quantity of infectious avian influenza and West Nile virus without licences.

The regulation dealing with these biological agents requires a licence under the Specified Animal Pathogens Order 2008 (SAPO) and is necessarily strict to protect the UK livestock economy from exotic animal diseases. This particular company admitted to two breaches of Section 73(a) of the Animal Health Act 1981 and was fined heavily – £40,000 and they had to pay costs of £80,000.

A manufacturer of agricultural trailers received a 10-month suspended prison sentence after pleading guilty to breaching Sections 37 and 2(1) of the Health and Safety at Work etc. Act 1974.

He was judged to have deliberately put his workers at risk of developing severe lung disease by regularly using aerosolised paints containing isocyanates and solvents without proper controls. At least one employee suffered a life-changing condition. The manufacturer also had to pay more than £5,000 in costs and carry out 20 hours of unpaid work.

In both instances, the companies were deemed to have paid insufficient attention to the use of the substances or care for the consequences of misuse.

You may be an expert on hazardous substances in need of a little clarification, or maybe you don’t know where to begin. Whatever your situation, we can help give advice and guidance to ensure you are following best practice and complying with all legislation relevant to your operations.

Scalding criticism for train operator
failing to go green

Protecting your employees and others from health and safety risks is generally accepted as an essential responsibility of an employer. But what happens when implementing necessary safety measures elicits criticism from other quarters?

This is exactly the dilemma faced by an Irish train operator which banned reusable cups on its trains. Safety concerns arose when the cups customers were bringing on to the train failed to fit underneath the nozzle of the hot drinks machine, so creating a risk of scalding. Train speeds exacerbated this concern and the company decided to stop the practice of filling up customers’ own cups.

This decision, made for sound health and safety reasons, had unanticipated consequences, however. The company faced vociferous criticism from its passengers for what was perceived as a retrograde, anti-environmental stance. In response to the backlash, the rail company began trialling its own reusable cup designed to fit under the nozzle – an innovation adopted to satisfy all parties.

If you are facing a dilemma like this when a health and safety measure creates bad PR, ask us for advice. We can help you navigate the complexities and reach a solution that placates those concerned whilst retaining health and safety standards.

Make mental health a priority in 2020

Mental health awareness is taking centre stage in 2020. Mounting evidence of the devastating impact of poor mental health, and widespread advocacy against stigmatisation have put the spotlight on this long-neglected issue.

Many businesses are reacting to this sea-change by putting mental health first aid on the same footing as physical first aid. The recent inclusion of ‘mental health trained first aiders’ in the HSE’s first aid needs assessment for employers reflects this priority, and is a reminder to employers of their duty of care. More than just a moral imperative, this duty of care is, of course, a legal requirement under the Health and Safety Work Act 1974.

There are also sound economic reasons to address mental health issues in your workplace. Recent data from the Department of Work and Pensions revealed some 300,000 people with a long-term mental health problem lose their jobs each year. It has been calculated that this issue costs employers up to £42 billion a year.

So, if you are looking to improve mental well-being in your company, there is plenty that you can do. Training up mental health first aiders with confidence and knowledge is a great start. We offer several industry-specific, e-learning courses designed to promote understanding and offer practical support to manage day-to-day mental health. Just ask us.

Creating a mentally healthy organisation is an investment definitely worth making. So make 2020 the year to double down on mental health first aid and you’ll definitely reap the rewards!

Myth Busters

With the new year upon us, we are no longer blinded by the twinkly lights of Christmas and can reflect on the festive season with more clarity. It’s easy to cast the figure of ‘Health and Safety’ in the Grinch role, the ultimate party pooper; but perusing the HSE’s Myth busters may encourage you to think differently.

The drinks are on us! Not anymore…
An employer stopped paying for alcohol at a Christmas party citing health and safety.

An employer may have due concerns about overindulgence. Or might be trying to find a scapegoat for a decidedly un-festive miserliness. But don’t be fooled. There is no health and safety legislation stopping employers paying for drinks at a Christmas party.

No Santa hats for refuse collection workers. Bah humbug.
Refuse collection workers in Colchester were banned from wearing Christmas hats on the grounds of health and safety. The council stated drivers and other road users could be distracted.

There is no legislation preventing refuse collectors from donning a bit of festive adornment. Naturally, a bit of common sense needs to be applied. Decoration that impedes a driver’s vision is not a good idea. But otherwise workers should be free to channel Santa and enter into the festive spirit!

No material change to health and safety
law after Brexit

It certainly won’t be the last we hear of it, but Brexit has finally happened! It’s understandable to feel trepidation about the potential changes for your business after Brexit, but you do have reassurance on health and safety law.

That’s because health and safety law and guidance will not be materially affected. The EU (Withdrawal) Act 2018 ensures that we can provide certainty on health and safety for duty holders across the UK. All rules will remain the same. All that will change is that the legislation will now refer to the UK rather than to the EU.

There are three HSE-led statutory instruments supporting the Act which convert current EU regulation into domestic law. Ask us if you want to know more.

Changes you need to be aware of this year

The government may have been tied up with Brexit for several years. But that’s not stopped them effecting significant changes to employment law which are planned to be introduced this April.

Following the Mathew Taylor review, the government has introduced a Good Work plan to increase rights and benefits for agency workers and workers. But some changes will apply for all employees. If you are an Advice Line Plus client of ours, we will automatically update all your contracts to reflect the changes.

The biggest change concerns the employment statement of particulars or contracts you are required to provide when someone starts working for you.

From 6 April, these will need to be given on or before the first day of employment (rather than within eight weeks), to everyone starting to work with you, whether they are permanent employees, fixed term or those categorised as workers.

Another important change is the length of time to break continuous employment, the benchmark for many employment rights. This will be extended from one week to one month. The employment particulars will be required to have additional information about the right to sick leave and pay, maternity or paternity, days and times of working and notice periods.

Holiday pay has always been a thorny subject for employers. And to iron out fluctuations in pay, the reference period for calculating will be extended from 12 weeks preceding the holiday to 52 weeks.

Employ agency workers? Much of the legislation is aimed at giving better protection, and what is called the Swedish derogation will be abolished. This allowed agency workers to be paid lower rates of pay than the company’s employees by paying them between assignments. Agency workers too will be entitled to a key facts statement outlining their entitlements.

The HR Dept have been actively calling for greater clarity on employment status through our Voice of the SME. This is because HMRC and employment law have different tests, which makes the risk of getting it wrong much higher. Please do contact us for help to avoid making a mistake.

Parents who suffer the loss of a child under the age of 18 will be entitled to two weeks paid statutory parental bereavement leave.

Finally a change which, at the time of writing, has not been confirmed but is likely to be introduced, concerns cases where personal services companies are used. Responsibility for IR35 tax compliance will shift from the company to the client or intermediary, which brings yet another headache for employers.

If you are concerned about how any of these changes will affect you, please contact your local HR Dept expert.

A right royal resignation

“We intend to step back as ‘senior’ members of the Royal family…”

The words from Harry and Meghan that reverberated around the nation, and indeed the world.

It’s unlikely that a change of role for one of your valued staff will make quite the same shockwaves. But it may still have a very tangible impact on their colleagues, your client base and you.

You might want to announce the change. But if so, the announcement needs to be carefully stage managed. It’s been suggested that Harry and Meghan’s news was published without prior sign-off from other senior royals. This did not reflect well and shows why it’s best to get your ducks in a row.

Agree on a workable way forward for the employee, understand how it will affect them and other stakeholders, and how it will be presented. There may be contractual issues to contend with. Check the notice clause to see how much notice must be given and the options around it in their contract, and if a restrictive covenant is in place.

Getting all this right before going public should help you avoid a right royal botch up.

Gender reassignment in the workplace

Given the news recently you would be forgiven for thinking gender reassignment is the most common HR issue for companies. It isn’t, but good to remember that it is a protected characteristic under the Equality Act 2010.

Debenhams recently settled a discrimination case for £9,000 (without accepting liability) after a candidate successfully argued they’d lost out during the recruitment process because they were transgender.

Under the Act, gender reassignment has a broad scope. It doesn’t explicitly include people identifying as non-binary (neither man nor woman), but the broad definition may cover them anyway.

So, if encountered, how should you manage gender reassignment? First off, recognise that it will be a sensitive issue and treat it as such. Each case will be unique and it’s wise to take a lead from the employee. They’ll need support and maybe time off for medical appointments. The rest of the team will need support too and a planned communication and support system will be essential.

Acas provide guidelines to follow to ensure your processes are legal. Get in touch with us and we can help you follow them, so that your transgender employee and your company can shine.

Employee surveillance

Covertly filming employees is not normally on. But as a recent case from the Grand Chamber of the European Court of Human Rights (still to be applicable to the UK after Brexit) shows, sometimes it can be a proportionate and legal path to take.

Back in 2009 a Spanish supermarket noticed tens of thousands of Euros worth of stock discrepancies. They suspected staff and installed CCTV cameras with a notification that CCTV was in operation. Some of the cameras were obvious, but some were covert.

Well, it was the covert cameras that caught 14 employees stealing. They were dismissed and five of them argued unfair dismissal in the courts on the basis that their privacy had been breached.

The former employees lost at both Spanish tribunal and high court. And then lost again on appeal at the Constitutional Court of Spain. However, when they took their case to the European Court of Human Rights they won. This was based on breaching their right to privacy under Article 8 of the European Convention on Human Rights.

As stated earlier, this decision has been overturned by the court’s higher authority.

After its ruling, the Grand Chamber shared observations which can be used as guidelines for any business that feels the need to consider covert filming:

• You must have a legitimate purpose to justify the level of intrusion.
• Is a less intrusive alternative available?
• The employee should be notified of monitoring measures.
• The level of intrusiveness should be assessed, including how private the area being filmed is, who has access and how much is filmed in terms of time and space.
• What safeguards are in place?

An Employment Practices Code is published in the UK by the Information Commissioner’s Office. This states that covert monitoring is only acceptable in exceptional circumstances. If you ever need advice in this area, call us.

The 4pm slump

“Yaaaaaawn!” You hear across the office. As certainly as night follows day, it tells you that it’s 4pm and at least one of your team is lagging.

Before you get too shirty with them, consider that it may not be entirely their fault. The circadian rhythm – our body clock (in plain English) – typically makes us sleepy around this time.

They may not realise that their diet’s not helping either. Carbs like bread and pasta make people sleepy. While you can’t dictate food choices, you could informally highlight that protein like chicken or egg at lunch, for example, is better for powering through the afternoon.

What’s more within your control is task allocation. If possible, consider getting people mobile at 4pm. Is there anything more physical, fun or collaborative to get people up from their desks to stimulate a bit of energy before the end of the day?

Fitness extremes

Your to-do list for your team: Process orders, ship work, go to gym…

While you may risk being told to “do one” if you start ordering staff to get some exercise, one company in Sweden is doing just that. They have a mandatory policy of “sports hour” every Friday, where employees are required to exercise on company time. With this in mind you may not be surprised to learn that the company has also banned all chairs in the office.

Many Swedes believe that if you exercise and take care of your body, you’re a better person. But even though exercise is high up in people’s thinking in January, would this be a step too far in your business?

Understanding overtime

“I’m not doing it!” Have you heard this when requesting an employee works extra hours? Frustrating for sure and how you will deal with it will come down to how overtime is detailed in your employment contracts. Generally, there are three possibilities.

Guaranteed overtime is compulsory. There’s an obligation for the employee to fulfil the work AND for you to offer it (or pay them for it even if no work is available).

Non-guaranteed overtime puts an obligation on the employee to work overtime if the business needs it. But there is no requirement for you to offer it.

And voluntary overtime acknowledges that you might offer or request overtime, but that there is no obligation on the employee to work it.

These three scenarios outline your options in how to deal with that employee refusing to work overtime in the run-up to Christmas or during the busy sales. You’ll be reassured to know that judges have found in favour of companies taken to court for unfair dismissal following a refusal to work contractual overtime.

This is just what happened in Edwards vs Bramble Foods Ltd. It was argued that the employee was not only refusing to work overtime as per her contract. But was also spreading discontent among employees who were. The operations of the business were being put in serious jeopardy as Christmas approached. The sacking was judged to be lawful and fair.

That aside, there are other things to consider. When it comes to voluntary requests for overtime, ensure that your procedure for allocating it is fair and available to everyone who is eligible.

Don’t forget that regular overtime must now be considered a factor in determining at least four of the 5.6 weeks of holiday pay. This may be extra expensive for you if you have staff working lots of overtime in the run-up to Christmas before taking their annual leave.

And finally, at this time of year there’s a flurry of bank holidays. Your staff do not have a statutory right to extra pay for working these. Instead their payment terms for bank holidays will be dictated by what’s in their contracts.

The season of sickies

Wintertime is synonymous with flu and other nasties. But, worryingly, a recent BBC survey of more than 3,000 adults found that 40% would fake a sick day, while two-thirds said they’d cover for colleagues pulling a sickie.

With that in mind, you may be wondering if an employee really is poorly on Monday following their behaviour at the Christmas party. That said, there are more complex reasons for feigning a physical illness. For instance, it’s known that some people will do it to mask a mental health issue.

Presenteeism can be just as problematic. We all recognise that colleague who’s sneezing and coughing, and muttering how ill they feel, whilst infecting everyone else! This can prolong or worsen the illness, doesn’t lead to good productivity, and compromises others’ health. If an employee is clearly not well, they should be at home.

So, whether you’re trying to get fit people in or sick people home, how should you manage absence?

Always start with an absence policy, and specify that employees should report their sickness by phone before the start of work. Recording all employee absences in an HR management tool such as the HR Dept Toolkit will help you identify patterns emerging and build a case against serial sickie offenders.

Employees can self-certify their illness for absences of up to seven days, including weekends. On their return, make them go through this process using a self-certification form and conduct a return-to-work interview. It will act as a deterrent to people trying something on, whilst showing that you care for anyone who has a genuine illness. And when it comes to presenteeism, lead by example. If you are unwell, take the time off you need to recover.

The gift of good health

“On the first day of Christmas HR Dept gave to me, health benefits for each employee”

Health benefits really are the gift that keeps giving. Staff perceive them as a desirable benefit (a survey ranked health insurance number one out of 54 different employee benefits), providing financial help and reassurance if they become ill. And for your business, they can help recruit, retain and motivate quality staff, as well as assist with absenteeism by ensuring that medical problems are dealt with promptly and effectively.

Research from a global insurance company found that 76% of UK employers plan to include a well-being element in their employee benefits. This means that increasingly you’ll need to offer some health benefit just to keep up with the pack. The good news is that they come in all shapes and sizes, starting from just a few pounds per employee per month for a health cash plan or EAP.

If you want to find out more, talk to us about our tailor-made, cost-effective packages for SMEs.

Financial well-being

Whilst Black Friday and Cyber Monday have been and gone, the debt that some will have got into, now exacerbated by Christmas, remains.

Research from an investment bank found that 77% of people who work in the UK said money worries impacted them when working. As an employer, having some understanding of this issue, and that it may affect so many of your team, could help you manage them, particularly at this time of year.

So, what is financial well-being? People talk about it broadly as: having a clear path to identifiable objectives; control of daily finances; having financial options in life; preparing for financial shocks; and clarity and security for those we leave behind.

Given the number of people that carry worries into work, providing staff with support for their financial well-being is likely to benefit both the company and your staff. Some companies arrange for a financial adviser to run in-house sessions periodically as a means to achieving this.

An inclusive Christmas

Most companies make at least a passing nod to Christmas. Some will have a tree and office party while others will go all out, defrosting Bublé back in November, organising Secret Santa and, of course, Christmas jumper day!

While a majority of employees will get in the spirit, there are 101 reasons why some may not. There are obvious reasons such as religion and some not so obvious – relationship problems for instance. Therefore, it’s wise to be mindful of this and encourage an inclusive Christmas.

Once you are thinking inclusively, good practices will come naturally. But to get you started, consider these. Don’t force anyone into celebrating, participation in festive fun should be voluntary. And as an extension of this, don’t let those who choose not to participate be ridiculed by others. When it comes to food and drink, factor in dietary requirements and ensure that alcohol consumption is not at the centre of every activity. Don’t go too far though and ban wishing others a Merry Christmas, as most people will still appreciate the thought.

I’m an “employee” get me out of here

Whether in the jungle, the catwalk or the boardroom, we’ve seen a boom in reality TV. Some “contestants” make careers from it. And in the complicated world of TV contracts, parallels can be drawn to the gig economy where worker status becomes blurred.

Down under, a reality TV contestant has actually won a landmark compensation case after claiming she felt harassed and bullied. Although she’d contractually acknowledged she wasn’t employed, the tribunal found enough evidence to suggest an employer-employee relationship, and awarded compensation.

What next? Will Lord Sugar have to wait and see if any of his apprentices consider themselves unfairly dismissed when he pronounces his immortal words: You’re fired!

We can only wait and wonder.

Election time!

As yet another polling day approaches (the general election is being held on Thursday 12th December, in case it’s not in your diary yet), a question we are often asked is: “Do I need to give workers time off to vote?”

There’s no legal requirement to do so. And with polling stations open from 7am to 10pm, most employees should get the opportunity to vote no matter what their working hours.  If your Christmas party is already confirmed for this date or if some employees do face an issue, a degree of flexibility during the day will help keep relations positive.

So what else might you need to consider? Some schools are being used as polling stations, and this may mean they are closed to children, presenting a childcare headache for working parents.  It is a good idea to find out now who might be affected to remind them and to give them time to make alternative arrangements. Unpaid time off for dependent emergency is not intended to cover events like this

Political discussion can quickly turn heated. So it’s advisable to discourage or prohibit it in the workplace. Even Google, renowned for an uninhibited workplace culture, has seen the need to clamp down on such “disruptive conversations” this year.

Whilst political beliefs are not expressly protected under the Equality Act 2010, some types of view may be captured by religious and philosophical belief. Cases concerning Scottish Independence and climate change have been found to be covered, whilst vegetarianism, for example, was not.

The upcoming election might get you thinking about the qualities which managers and leaders should have in your own business: integrity, resilience, vision perhaps.  When hiring or promoting for leadership positions, one thing you should be wary of is fake news – just as in the real election.

In 2017, a leadership training and research firm conducted a survey of 3,000 employees; over half were concerned that colleagues were getting away with being untruthful about themselves.

So next time you are recruiting, make sure you don’t become a victim of fake news: delve a little deeper into claims being made, follow up on references. And if it is an internal appointment, a culture of regularly reviewing employee performance and carrying out one-to-ones will help you get to the truth and increase your chances of hiring a genuine performer.

It’s not a hangover, it’s an illness

A regional court in Germany recently ruled that hangovers are an illness. No need to face palm in frustration at the thought of your workforce being decimated by “legitimate illnesses” after Christmas parties. The ruling was in relation to a food manufacturer who made medical healing claims over hangover cure products.

In the UK, most employers should already have a policy in place that classifies attendance at work when under the influence of alcohol (hangovers included) as misconduct.

And although hangovers may be somewhat disabling, they aren’t considered a disability under the Equality Act 2010. Be wary though! Long term Alcohol abuse may be the cause or consequence of a related long-term impairment or disability, think liver disease or depression respectively. In such cases, you should sensitively investigate further, utilising occupational health if appropriate, to determine if there is an underlying disability.

This aside, here are some top tips for managing some alcohol related issues in your workplace:

Review existing policies. Introduce a drug and alcohol misuse policy if not already in place. Make sure drinking during working hours is also covered in your driving and disciplinary policies.

Collect appropriate evidence. Any disciplinary offence should be investigated before action is taken. Witness statements will be important. Drug and alcohol testing can play a useful deterrent.

Take action right away. A delay in reacting to suspicions of intoxication could result in health and safety implications that could have been avoided. As an employer, you could be found vicariously liable for the actions of your staff.

Set clear expectations and consider workarounds. Provide guidelines for staff attending work events where alcohol is served. And consider altering working patterns for staff entertaining clients – for example, a later start time the following day to mitigate the risk of driving under the influence.

Keeping employees engaged
throughout the festive season

In a survey by an employee engagement firm, 27% of employees admitted that the run up to Christmas was their least productive time of the year. As Christmas approaches you may well find that your employees are less focused on their work, and instead are winding down for the festive break. Or planning for, and recovering from, a flurry of parties.

But festive fun might not be all that’s keeping your employees from being fully effective. The shortened working month can also lead to added pressures for completing projects. And with it reported that over half the population admit to overspending at Christmas, financial pressures may also weigh heavily on employees.

How can you help your team? Some things should be in your control. For example, make sure deadlines are achievable and that holiday requests are managed fairly.  And why not celebrate a year of hard work by planning a staff party so everyone can let off some steam!

Should non-smokers get extra holiday days?

In September, a Japanese company introduced a policy of rewarding non-smoking employees with an extra six days of holiday a year. The firm’s CEO hopes it will encourage smokers to quit. So far four have.

But could you imagine the can of worms you’d be opening if you introduced something similar? Tit-for-tat productivity claims amongst your smoking and non-smoking employees, comparing the cigarette breaks to anything from the length of toilet trips (shudder) to the amount of tea being drunk.

If productivity is a concern, we’d advise introducing a programme which measures output more precisely than mere hours spent at a desk. And if, as with this Japanese example, there is also some altruistic motivation from management in encouraging healthy lifestyles, it’s better to do this in a more positive way. For instance allowing some time during the working week for physical activity, or offering free fruit to staff.

What to do in a power cut

Invariably winter brings bad weather and, as we’ve seen recently, sometimes flooding. In extreme cases this may affect your business’s power and heating. If the risk to you is sufficient, it would be wise to have a disaster recovery plan.

Considering our short winter days, it’s worth keeping torches and batteries on site, even if you don’t operate night shifts. If a power cut occurred, we wouldn’t advise candles! Depending on your business’s circumstances, you may find it helpful to explore standby generators.

If the heating’s out, there’s no absolute legal minimum working temperature. But the Health and Safety Executive says that 16°c is considered a reasonable minimum for non-physical work. Thermos flask for hot drinks, hot water bottles and calor gas heaters can all be solutions.

And if things get really bad, you’ll need to assess whether staff are at risk. Is flexible working an option? If no work is available, could they take annual leave? Where possible we’d suggest trying to find a middle ground, because in the interests of long-term relationships, we might get snow this winter too.

Foreign affairs

Only in France! A company has been found liable for compensation after an employee died on a business trip… whilst having sex with a stranger.

The court ruled that sex is “like taking a shower or eating a meal” and deemed it an industrial accident. And so the company was left partly liable for a bill to the family for 80% of his salary, for every year up until he would have retired.

Luckily, this is French jurisdiction only. So unless you are involved in a more risqué line of work, you shouldn’t have to worry about being liable for “death by sex” for your employees. But do still carry out a relevant risk assessment when sending them on a work trip.

Are you taking fire safety seriously
enough in your school?

A leading education insurance provider recently surveyed 1,000 UK schools to see how they’d cope with a fire.

The results were not overly promising. Two-thirds of schools across England don’t have a proper system for dealing with fire. And only 5% of schools received an ‘excellent’ rating in the survey. Scottish schools fare better with about 30% being rated excellent.

In Scotland, sprinklers are a legal requirement in the new and major refurbished schools. But since 2011, 673 UK schools opened and only 15% of them had sprinklers installed. The insurer is pushing the government to introduce legislation so that sprinklers become an integral part of all UK schools.

The obvious substances most likely to cause a fire are unlikely to be found in schools. However, the less obvious, such as packaging materials or dust from flour, sugar, or wood, are very common.

The study also outlined five main risks. These were:

• Shortcomings in fixed fire protection
• Deficient fire detection systems
• Arson
• Modern construction procedures and how combustible a building is
• Smoking controls and general housekeeping

There are more than 1,000 school fires each year. The risk to health and life speaks for itself. The average financial cost is almost £3million for more serious incidents, but there is an educational cost too. Premises could be closed for extended periods of time while repairs are carried out. Classes are disrupted as they are moved to alternative premises. And groups who usually use the school out of hours are unable to.

The good news is that the majority of fires can be prevented.

When it comes to overall fire safety, The Regulatory Reform (Fire Safety) Order 2005 looks after England and Wales. Generally, local fire and rescue teams are responsible for ensuring the majority of buildings abide by this legislation. In Scotland the Fire (Scotland) Act 2005 brought in changes to fire safety law and repealed previous fire safety legislation. And in Northern Ireland it is The Fire Safety Regulations (Northern Ireland) 2010.

Fire drills and safety risk assessments should be carried out regularly. Both are mandatory for UK schools. A health and safety risk assessment adopts similar methods, so they can either be conducted together or as separate assessments. Beyond this, it may be time to review your fixed fire protection.

The survey suggests many schools are not as prepared as they should be. If this includes you, it’s what you do next that counts. If you need to review your risk management procedures or fixed fire protection, but don’t know where to start, we can help. So give us a call.

Unclear allergen labelling

Sometimes a simple case of customer miscommunication can result in a simple mistake. But occasionally, the consequences can end in tragedy.

You’ll probably have seen in the news that a teenager paid with his life after reading from a restaurant’s misleading menu. He chose the chicken burger. Neither the menu nor staff had made it clear the burger was coated in buttermilk. Milk is one of the 14 main allergens.

An hour later, he was dead. In an earlier high-profile case, a fifteen-year-old girl, Natasha, also died after suffering a fatal allergic reaction from a sandwich.

New laws are set to be introduced to provide further protection. Under ‘Natasha’s Law’, mandatory allergen labelling will be extended to cover food prepared, packed and sold all on the same premises. Previously this “pre-packed directly for sale” food was exempt from allergen labelling.

The Food Standards Agency (FSA) is clear that anyone eating out or ordering takeaway must have access to written allergen advice. This might be through a menu or at the very least, written instructions detailing how they can find out. Relevant legislation includes the Food Safety Act 1990 and the European Food Information to Consumers (FIC) Regulation 1169/2011.

If you work in the food industry, we can help you undertake a risk assessment and develop effective training. We’ll ensure you comply with the law and even go beyond it, to keep your customers safe and protect your reputation.

Every breath you take

Have you heard of ‘sick building syndrome’?

It might be a headache, runny nose, or throat irritation, but you’ll only get it while in a certain building. It’s usually an office and one of the causes is poor air quality.

Some workplaces have a legal requirement when it comes to ventilation and extraction systems. But even those that seem safe may be riddled with hidden pollutants including fungal spores, carpet fibres and photocopy residue.

Without proper cleaning, maintenance and ventilation, harmful particles are likely to build up.

If the building is older, there may be inherent issues with heating, ventilation, and air conditioning.

For instance, if you have an air conditioning system which isn’t properly maintained, it may produce daily swings in temperature. The system could create extreme levels of humidity and bring in chemical pollutants and dust particles from the outside, all of which can contribute to illness.

New partitions may offer more privacy, but they can also encourage stagnant air and pollutants to build up. So it’s a good idea to consider air quality when having work done.

A recent YouGov survey found that nearly 70% of office workers consider the air quality detrimental to their productivity and well-being. Pollution outdoors is already linked with respiratory tract infections and lung disease. What could the long-term effects of poor indoor air quality be?

It’s not always easy to identify the problem. Try simple things first. You may even be able to tackle a pollutant at source. Well-placed ventilation or advanced carbon-activated air purifiers can certainly help.

If you have an air-quality problem, talk to us about getting to grips with it and arranging an occupational hygienist to check the correct standards are being met.

HSE Myth Busters

Most people are not fans of repair and maintenance, but it does prevent things from sliding into disrepair.

Whether its through laziness or a simple misunderstanding, no business or institution should make a scapegoat of health and safety as an easy excuse. But unfortunately, it’s still being given a bad name. Today we’ve got two great examples we dug up from the HSE Myth Busters.

Light bulb moment?

How many handymen does it take to change a lightbulb?

None, apparently, because health and safety is stopping anyone but a qualified electrician from doing it. At least that’s what a property management company said in a bid to protect themselves from a negligence claim. It doesn’t! And unhelpful attitudes like that simply obstruct necessary work being done.

On the verge of despair

As a newspaper reporter drove through the South Downs National Park, she could hardly believe the piles of litter at the side of the road.

Of course, the council chucked her an excuse around health and safety. Understandably, the reporter was shocked the regulation didn’t cover British wildlife.

The truth is – there is nothing stopping a council from clearing verge litter provided they ensure traffic risks are properly managed. In the end it would have been much better for them to have admitted their real reason, whatever that may have been.

Time to safety-check your equipment?

Usually, hindsight can be a wonderful thing.

But what if there are implications for health and safety?

Well then, it’s always better to prevent than try to fix it later on. The number of workplace injuries owing to unsafe equipment suggests that it’s worth seeing whether safety-checking needs to go up your to-do list.

In one recent HSE prosecution, for example, a furniture manufacturer learned the hard way that they should have placed a guard on their drilling machine. They not only landed a £14,000 fine, but the poor worker involved lost two of his fingers.

Technically speaking, they breached Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. This legislation is designed so that you, the employer, can make sure your workplace equipment is fit for purpose and most importantly, safe to use.

If you manage a company that operates potentially dangerous machinery, ensure you conduct regular equipment inspections. If you need outside help setting up a review process, get in touch.

Who’s safeguarding your company data?

A Nightmare on Elm Street, The Shining and countless other horror classics give us a scare at this time of year. But for many businesses in 2019, it’s GDPR that still sends a shiver down the spine. The biggest proposed fine in the GDPR era so far goes to British Airways. It may have to pay £183.39m for failing to prevent a fraudulent attack on their computer systems which affected 500,000 customers.

These new regulations have more teeth than Jaws. So how is your data being safeguarded?

While IT and legal considerations may be front of mind, HR will play an important role too.

Training is one such area where HR can take a lead. Almost 18 months after GDPR came into force, are you sure your staff know how to keep data safe? While some individuals will have specific responsibilities, all staff will have general obligations for keeping data safe. Train them up and ask us about easy to implement eLearning for GDPR, it should be standard for all employee inductions.

One area in your remit is managing the process of remote working. Whether your company treats it as a flexible working perk, or you have some staff who just feel the need to take work away, it could be exposing you to serious risk if not managed correctly.

Emailing work out to personal devices or email accounts is a no-no. This could bypass much of your IT security procedures, putting you at risk of a virus or hack. Even worse would be emailing company personal data to a home email address. The moment this happens you are no longer in control of that information.

It’s essential your staff know the risks and follow good practice when working remotely. Why not work with your IT people to develop appropriate policies?

We’ve assumed an accidental breach so far. Less common, but still something to be mindful of, is malicious behaviour by an employee, stealing data for example. Here, good vetting during recruitment will help. And don’t hesitate to revoke access to sensitive data if you learn they are leaving and have concerns.

Don’t forget! By default when you manage staff, you’ll be in charge of personal data too – that of your employees. So ensure you treat it as such. If you don’t use it already, ask us about HR Dept Toolkit – our secure HR software that simplifies the way you manage

Is vegetarianism protected under equality law?

Which one of these has been rejected as a philosophical belief under equality law? A. Climate change; anti-fox hunting and anti-hare coursing B. Vegetarianism or C. Scottish independence. If you chose option B, vegetarianism, you would be correct.

The others are judged to be within the definition of philosophical belief and are thus protected from discrimination. The term “philosophical belief” is broad so it is often tested in court. There are several criteria which judges consider, including that there must be a certain level of cogency, seriousness, cohesion and importance. The vegetarian case lost because people choose to be vegetarian for differing reasons.

It’s worth noting that both vegetarianism and veganism are growing in popularity. It may be beneficial to consider this when providing catering for work-related meetings and by reining in so called “office banter” on the subject.

For the record

What would you feel like if one of your team covertly recorded you? Indignant? Angry? Reaching for the P45? A case at the Employment Appeal Tribunal (EAT) shines a light on the issue.

It concerned an employee who felt a departmental restructure was biased against her. She interrupted a meeting and refused to leave, demanding to know the points of discussion. When she was called into an HR meeting later to be informed she was being disciplined for this behaviour, she covertly recorded the conversation.

An attempt at mediation and then sickness absence followed, before the employee was summarily dismissed. A breakdown in the working relationship was cited as the reason.

Both an employment tribunal and the EAT found the dismissal to be unfair. During the hearings the existence of the secret recording became apparent. The employer claimed entrapment, and said they would have sacked her for gross misconduct had they been aware of the recording. They argued compensation should be reduced to nothing.

However, the EAT did not accept this. They found that the employee was not motivated by malice, but simply wished to keep accurate records when feeling extremely stressed. It went on to provide guidance on how tribunals should treat the admissibility of secretly recorded employee evidence. In particular, to consider the motivation of the employee and the blameworthiness of the employer in a given situation.

We’d advise reviewing your disciplinary and grievance policies to either include covert recording as an example of gross misconduct, or permit declared recording provided those being recorded give their consent. This will strengthen your hand when dealing with a case of covert recording. But as per the EAT guidance, be mindful that in some circumstances, it may still be admissible evidence.

Protecting your have-a-go heroes

Is it a bird? Is it a plane? Is it Superman? No, it’s your employee diving down a manhole to retrieve a customer’s iPhone. Or smashing into an out-of-control airport catering truck with a pushback tractor just before it writes-off a multimillion-pound jet.

Generally it’s great when you have your very own superhero on your team. Someone who goes above and beyond to satisfy a customer or prevent disaster. But it’s essential that your staff understand health and safety rules to take care of themselves and others.

The above examples really happened in America, with the airport worker even receiving a pat-on-the-back Tweet from President Trump. It was a fast-food worker who rescued the phone, and he cut his hand and muddied his clothes doing so, although he was still smiling. High risk jobs should always have the correct safety measures in place. And for those unexpected scenarios, ensure your staff know to consider their own safety before diving in.

Is your office dressing up for Halloween?

Some fancy-dress costumes inspired by real life characters are too offensive to publish here. Yet, a quick search online will tell you that yes, some people will actually go there!

Others may be tempted to show too much flesh, or turn themselves into a trip or fire hazard. And worst of all, some people may not wish to engage in the fun at all!

A bit of dressing up at Halloween can be great for your office culture. But do set boundaries about what’s appropriate. Or you may find yourself getting a Halloween shock you were not expecting. As well as taste, health and safety, and letting people know it is ok to opt out, consider what effect dressing up will have on your company image if you’ll be hosting visitors, and plan in accordance.

Brexit for business

Apologies, as you’re probably sick to death of the B-word, but we do want you to be prepared for Brexit. Check out these government guides to help you identify what actions you need to take regarding your staff. There’s an interactive calculator, a pdf guide you can share with employees affected by change, and drivers’ guidance.  In risk management it’s often said that “there are things we know, things we don’t know and things we don’t know that we don’t know”. The sentiment is bound to be true of Brexit. So ensure you’ve developed a risk assessment and contingency plan for managing your workforce during this period of uncertainty.

Have your say in our Voice of the SME survey

Atypical working is no stranger to the pages of People Matter or our blogs. We know it can bring useful flexibility to both workers and companies. But it can also be open to abuse.

It’s widely felt that there’s no problem with using freelancers, zero-hour contracts and self-employed contractors when done for genuine reasons of flexibility, meeting irregular demand and scalability. But when used as a short cut to save money at the expense of a workforce, that’s not right.

The courts are firm in this view. In high-profile cases, such as ones involving Uber and Pimlico Plumbers, they have ruled that worker status was incorrectly classified, causing respective workforces to miss out on employment entitlements and protections.

The government is seeking to update the law to better regulate the practices of atypical working practices They are currently consulting on protections for workers on flexible or zero-hour contracts. These include compensation for cancelled shifts and how long a reasonable notice period might be when withdrawing weekly hours. It also covers protections for workers who turn down shifts offered to them at the last minute.

In such consultations it is often large corporate organisations with an army of HR professionals and lawyers whose voices are heard the most.

So we have created our Voice of the SME survey to give companies like you a louder voice. Because of our nationwide client base, we can collect, collate and represent the opinions of thousands of SME businesses across the country. And amplify their voices to ensure they are heard in the corridors of power. Please spare a few moments to have your say, click here to complete our survey and help shape future regulation of flexible working arrangements. The survey closes on 30th September.

The government is consulting on reforming sick pay and frameworks for getting people back to work after long-term sickness. While this year our Voice of the SME survey is focused on workers’ rights and whether they can have sick pay, you may also want to give your views on the wider aspects of absence management. You can do so here.

Holiday pay for term-time staff

Just when you thought it was safe to start calculating holiday pay, a recent court case has thrown up a new complication.

Over the past few years, a slew of cases has made it increasingly complicated to calculate holiday pay. And increasingly expensive for employers. We have had sales commission needing to be taken into account and overtime too. Now it is part-time, part-year workers under the microscope.

A music teacher took her employer to court saying the way that they calculated holiday pay was not compliant with the Working Time Directive. She worked variable hours during term time and had agreed to take all holiday out of term. She was paid holiday three times a year at a rate of 12.07% of her wages for the previous term.

She argued that this equated to an amount below the Working Time Directive minimum. In short, the judge agreed with her. Although he accepted that it will throw up anomalies. He coined a new phrase: part-year employee. In the case of the music teacher, she will actually be paid 17.5% of annual earnings. So, as a part-year employee, she has a higher rate of holiday pay than full-time or regular hours part-time workers.

There is to be an appeal hearing and we await a new judgement as well as Acas guidelines. In the meantime, if you employ term time only staff members, we would advise reviewing how you calculate their holiday pay so that you are prepared if the appeal hearing does not overturn this ruling.

Get ready for Brexit

(At the time of print) the prime minister assures us we’ll be leaving the EU on 31 October. Halloween, of course, and leaving aside whether you think Brexit will be a trick or treat, there may well be steps you need to take to be prepared.

The government has published a number of online resources. These include pdf guides you can share with employees affected by change. And an interactive calculator called “Get ready for Brexit” which suggests what you specifically might need to do. This covers points like customs tariffs, travel arrangements and new labelling requirements.

Another specific consideration is if you employ UK nationals required to drive in the EU or vice versa. There’s specific drivers’ guidance too.

It’s helpful to be pointed in the right direction, but there’s still the hard graft to do. If you need extra support with your Brexit HR, then get in touch.

Claws and effect

It’s something we’ve discussed before, and a high-profile petition from a sacked worker has raised the issue again. Should bereavement leave be offered following the death of a pet?

There’s no legal provision for this. Of course, for human bereavement there is a right for a reasonable amount of time off if they are a dependant. But bereavement affects everyone differently, and some people may be overwhelmingly affected by the loss of a pet.

You may notice unexpected absence, a drop in performance or even temporarily not being able to perform certain roles.

With no law to steer you, your response to this comes down to your discretion. Showing compassion often pays dividends in the long run. But be careful! You should apply a strong rationale and consistency. For instance you may feel some time off (whether paid or unpaid) for the loss of a cat or dog is appropriate. But draw the line at the goldfish. And there’ll be an expectation that what’s offered to one employee will be provided for another in similar circumstances.

Clowning around

If you want a whole new take on receiving bad news, consider Josh Thompson’s approach. When Josh, a copywriter from New Zealand, received an email from his employer asking him to meet to discuss his role, he guessed the writing was on the wall. In accordance with New Zealand law, he was encouraged to bring a support person to the HR meeting. Instead of a family member or union rep, he hired a clown to ease the tension. His employers saw the funny side but did have to ask him to quieten down several times while he was making balloon animals. In Josh’s words “Boy, oh boy, are clowns noisy”!

Employees at protests

Climate change and political unrest are giving rise to increasing protests, globally and in the UK.

So what do you do if employees skip work to join a mass protest? Even those who have a previously unblemished unauthorised absence record? It could be on the cards with trade unions mooting a Greta Thunberg inspired general strike.

Employees can’t expect to skip off work to protest and not face repercussions. You need to make it very clear that they have to book holiday to take time off to protest. If they do go AWOL or pull a sickie on the day, you need to attempt to contact them and document everything. Alternatively if you see them on TV gluing themselves to a bank, press record quickly and ring us for advice.

If however the issue is climate change and your company ethos plays a part in addressing this, actively communicate it to staff so that they feel they are already contributing.

More support for victims of abuse

It is thought that two million adults suffer domestic abuse each year. This can take the form of emotional, financial or economic abuse. On average, it leads to two women dying every week and one man every month. Many people suffer in silence, so it is good to be aware how prevalent this issue is, as it is statistically probable that some of your employees will be victims.

Before she left her role as prime minister, Theresa May moved it up the agenda in parliament. The Domestic Abuse Bill has been introduced. It gives domestic abuse an official definition for the first time and puts a more substantial support framework in place. This is sure to raise awareness. So what can you as an employer do to support employees who may be affected?

Employers have a general duty of care towards their staff. And as part of this you need to provide a safe and effective work environment. If you find that one of your employees is, or has, suffered from domestic abuse, The Prince’s Responsible Business Network, a charity, has produced a helpful resource. It is called the Domestic Abuse Toolkit and you can download it directly from their website.

Of course abuse is not just confined to the home. Bullying and sexual harassment remain entrenched in the workplace. Separate to the Domestic Abuse Bill, the government is planning to legislate to dismantle one of the main ways in which companies sweep abuse under the carpet: excessive use of non-disclosure agreements, or Settlement Agreements as they are usually called in an employment situation, and rightly so.

Settlement Agreements do however serve a useful and legitimate function. When used properly they allow the victim to move forward with their life, so we do not agree with a widespread ban on these. They have to have received advice from a solicitor before signing, who would always recommend reporting serious crimes. Sometimes governments can be guilty of throwing the baby out with the bath water. Boards of Directors though should seriously investigate the conduct that has resulted in a Settlement Agreement and take the appropriate disciplinary action against the perpetrator. If you need help with a sensitive issue like this do ring us for advice.

An unexpectedly high penalty

Don’t think that a case of discrimination will be treated leniently at tribunal because it is isolated. Awards which apply to compensation for injury to feelings, fall into one of three tiers, known as “vento” bands to decide the level of damages.

Typically, a one-off claim for injury to feelings will sit in the lower band. But actually, the judgement will always be fact specific, with an emphasis on the impact of the discrimination. This means that any of the vento bands can apply. What follows is a cautionary tale.

A children’s clothing company recently had the book thrown at them for a string of wrongdoings that followed from an isolated discrimination claim. A photographer was made redundant after just three months. When she cried foul and suggested race discrimination, the company ignored her grievance and refused to engage in the Acas early conciliation process, thereby aggravating the first error.

The eventual employment tribunal and appeal found against the company. They were ordered to pay damages of about £30,000. It is pertinent to note that the injury to feeling aspect of the award sat in the middle Vento band.

Enhanced protection for new parents

The Government gave its’ response to a consultation on 22 July which proposes to give mothers returning from maternity leave an additional six months of protection against redundancy. The rules will also protect those returning from adoption leave and shared parental leave.

New mothers already have special protection from redundancy whilst on maternity leave. Regulation 10 of the Maternity and Parental Leave etc. Regulations 1999 says that such an employee, when faced with redundancy, should be given priority over other employees and offered another suitable vacancy if possible.

If a suitable job isn’t available, only then can they be made redundant. But the proper redundancy procedures must be followed, and pregnancy or maternity cannot be the reason for redundancy.
Now it is proposed that this redundancy protection will last from the moment an employee tells their company they are pregnant, until six months after they have returned to work.

This enhanced protection following the government consultation, is part of their Good Work Plan. It goes further than what the EU requires. The Government feels it needs to do more because, despite existing regulations making it illegal to discriminate due to pregnancy or maternity, discrimination still occurs, and far too often.

In fact, research indicates that 54,000 women a year feel they have to leave employment because of pregnancy or maternity discrimination.

There are stiff financial penalties for companies found guilty of such discrimination. And let’s not forget the poor publicity and the potential for a toxic workplace culture to develop. For help and guidance on how to manage employees on maternity leave, please contact us.

Mental health awareness in schools

It’s fair to say that mental health awareness has never been higher. But as awareness has risen, it only highlights how much needs to be done.

A key battleground is in schools. World Health Organisation figures show that half of all mental illness begins by the age of 14. And, of course, teachers and other staff feel a lot of pressure themselves which can lead to mental health struggles.

Because teachers spend so much time observing children, they are well placed to notice the warning signs of a mental health issue. Properly trained they can also be an important first point of contact, and positioned to signpost support. So upskilling teachers in mental health awareness provides a valuable resource to the school.

We offer eLearning training on mental health awareness tailored specifically for educational professionals. So if of interest, please enquire to find out more.

Inside the mind of an introvert

Did you know that up to 50% of the population are introverts? Maybe that’s not so surprising seeing that the main alternative is to be an extrovert. Both behavioural types have strengths and weaknesses. But what is interesting is that most companies are set up to suit extroverts. Think open plan offices, social events and generally the loudest voices being heard first.

This won’t be a deal breaker for most introverts. But it does mean that conditions are not optimised for their performance. And they have a lot to offer. Restoring balance could help drive your business forward.

We’re not talking about difficult actions. Giving introverts a safe platform to speak in meetings, creating quieter working zones, and not putting pressure on people to attend every social event are all achievable. A great place to start is with some Myers-Briggs training to help identify your team’s personality traits and how they work best.

Sleeping on the job

Can you believe an employment tribunal judge fell asleep twice during a hearing? After we’d finished raising our eyebrows, we found that it’s not as uncommon as you might think! We’re not just talking about dozy judges. Apparently 12% of office workers have confessed to falling asleep in a meeting.

We’ll hope this phenomenon does not spread to air traffic controllers. But in the meantime what should you do if you catch someone, well, catching 40 winks? It may be gross misconduct if, say, they were hungover. But don’t jump to conclusions. Check there’s not an underlying medical condition or other mitigating factor before deciding on your course of action.

Take the wheel on managing
moving vehicle risk at work

Managing the risk of moving vehicles at work is not something that every business has to contend with. But in warehouses, large retail stores, and airports, for example, it is a key area of health and safety. Poor procedures and systems of work present risks to the employee and customer alike. As an employer, you are legally required to be aware of such risks and take steps to eliminate or reduce them.

Much of this is governed by general health and safety legislation such as The Health and Safety at Work Act 1974. But be aware that there may be more specific legislation to consider too, including the Lifting Operations and Lifting Equipment Regulations (LOLER) 1998.

A moving vehicle risk assessment is essential to build a clear picture of where vehicles are, why they are there and what they are doing. This will help you identify potential vehicle hazards so you can take mitigating action.

Every year there are over 5,000 incidents involving transport in the workplace. And around 50 of these are fatal, so the risk is very real.

Common types of accidents involving moving vehicles include: people being struck or run over by a vehicle, people being hit by something falling from a vehicle, people falling from vehicles and vehicles overturning.

A court case following the death of a worker who walked in front of a moving lorry was recently reported on. While the driver had checked his mirrors, he did not see the employee and moved forward resulting in the fatal injury. The grain store company where the accident occurred was fined £180,000, as well as having to pay costs of £20,000.

In this instance the HSE found that pedestrians could not move safely around the site, as they had not provided measures to prevent employees walking into areas where large vehicles were moving. The company’s failure to implement simple H&S measures was cited as the cause for this avoidable incident.

Stop such potential disasters before they occur by managing the risks of workplace transport. Good practice measures include:

● Keeping people and vehicles apart
● Having clear site rules which are communicated to all staff members
● Avoiding the need to work at height on vehicles
● Ensuring your employees only operate vehicles when authorised to do so.

If you need help carrying out a moving vehicle risk assessment, or think your staff may need some extra training, contact us.

Is your care home heatwave resilient?

If you own or manage a care home, how well prepared are you and your staff for rising temperatures this summer? A study of four care homes found the heating was left on 24 hours a day, even during the summer months. And in a previous major heatwave, back in 2003, care home deaths related to heat increased by 42% that August.

“Heatwave resilience” is a term being used by MPs after last summer’s heatwave, to describe the best practice care homes should be seeking. Long-term trends suggest that UK summer temperatures are rising. So there is likely to be a smaller margin for error in managing this risk as the years pass. You’ll want to look at how temperature is controlled with both heating and cooling systems. Consider also the hydration and nutritional requirements of the people under your care during extremes of temperature.

Warning signs, aside from the obvious increase in temperature, could include a rise in incidents of urinary tract infections, dizziness and falls. Heatwave resilience is sure to move up the agenda of the Care Quality Commission (CQC) when they are inspecting care homes for safety and the effectiveness of their care. Regularly carrying out a heat risk assessment not only feeds into delivering the highest levels of care, but also helps you stay compliant with regulations.

If you operate a care home and have concerns over your staff’s readiness for a heatwave, or need help carrying out a heat risk assessment, get in touch with us today.

Extracurricular work in schools

Summer holidays are the time when schools get major building work done. Although there won’t be children around, you’ll still want to ensure health and safety regulations are followed if you have responsibility in this area.

Your schedule of work may range from a few thousand pounds for play equipment, to hundreds of thousands of pounds for major developments like roofing works. However big or small your project, you’ll have responsibilities under the Construction (Design and Management) Regulations 2015. Classified as a client, you’ll be responsible for ensuring your project is suitably managed, considering the health and safety of anyone who might be affected.

Building activities over the summer holidays aren’t quite “business as usual”, so don’t get caught out. There may be fewer or no children about, but ensure you plan for other people on site, including contractors and your teachers coming in to prepare their classrooms for next year.

Make sure your shop is
hot on fire regulation

A member of the public has been banned from every branch of a popular homeware store in the UK, after arguing in the carpark with a manager that the store breached health and safety laws. The customer, Derek, raised concerns over the fact that staff were locked into the store for 15 minutes at the end of the day. He also criticised the store’s covered fire extinguishers.

Despite his ban, Derek raised some important fire safety issues. If you own or manage a shop, you’ll want to make sure you’re aware of them. The Regulatory Reform (Fire Safety) Order 2005 stipulates that emergency doors must not be locked if they cannot be easily and immediately opened in an emergency. It also states that they must be kept clear at all times.

It was reported that the front door of the store was its main fire escape. The locking of fire doors presents a clear obstacle to an immediate exit. If you want to signal that your shop is closed for business, but still have employees inside, consider hanging a closed sign or have an employee at the front door to turn customers away, or specifically to open it in the event of an emergency.

When it comes to fire extinguishers, you must ensure they are maintained and ready for immediate use. The regulation doesn’t mention covers specifically, but they should be fitted properly (for example not used to prop open a door), and easily accessible.

HSE Myth Busters

When we are off on a plane for our summer holidays or relaxing in a pool, being denied a reasonable request due to health and safety will not cut the mustard. Here are two examples of summer holiday businesses which did that and earned a place on the HSE Myth Busters panel. The lesson is: don’t blame management decisions on health and safety without a good explanation.

Something to chew on
One adult passenger was forced to put up with popping ears after an airline refused to provide boiled sweets on the grounds of health and safety. They claimed that because children could choke on them, they were banned outright. While it is sensible to avoid giving hard sweets to young children, there is no health and safety legislation that prevents the provision of boiled sweets on flights.

Sink or swim
One swimming pool banned inflatables and other items that people enjoy in swimming pools on the grounds of health and safety. Health and safety law does apply to the management of public swimming pools but does not explicitly ban these items. They may have had a good reason, like impeding a lifeguard’s ability to have complete sight of the pool, but it would have been better to say this rather than making health and safety legislation the killjoy.

Do you remember when holiday pay
used to be simple?

The empty spaces in the car park are proof that the holiday season is in full swing. And with it our HR advice phonelines are getting busy answering all the questions about holiday pay.

The first question is always: how much holiday should an employee have? The statutory minimum is 5.6 weeks, made up from about 20 days plus the bank and public holidays. And zero-hour staff accrue holiday for every hour worked, 8.3 hours worked equals one hour’s holiday.

Pay used to be relatively simple, with an employee’s weekly salary or usual weekly working hours being the amount they earned whilst on holiday. But over the last two years all that has changed.

The first challenge was Lock v British Gas. He wanted his results-based commission included in his holiday pay. He won and that started the change. A survey recently found that workers in Britain were owed £1.8bn in unpaid holiday pay and the government is campaigning to ensure employers and employees understand their rights and obligations.

Holiday entitlement is part of the health and safety legislation. It is there to protect staff on the basis that we all need a break from work for our health and well-being. Therefore there must be no disincentive to take that time off. This might be the case if someone’s pay was less during periods of annual leave.

This has resulted in a number of claims. First for compulsory overtime to be included. And now firefighters have won the right to have voluntary overtime included too in the average week’s pay. This is in addition to payments such as on call and commission.

Staff working irregular hours should have the average pay calculated over the previous 12 weeks. And do remember that holiday must be taken. So paying an additional amount each week to cover the holiday pay, which is referred to as rolled-up holiday pay, is not allowed. For all your holiday queries do ring us, so you don’t pay more later with a tribunal claim.

Restrictive covenants offered
protection by Supreme Court

A dark cloud had been hanging over many businesses which rely on restrictive covenants. But it has passed following a Supreme Court ruling.

As you’ll probably know, restrictive covenants are used to stop employees competing against you after they leave, or poaching key staff and clients from you. What you may not know is that a restrictive covenant must be reasonable and not be so restrictive that a person is prevented from earning their living.

A former director at an executive research firm argued that some wording in her restrictive covenant was unreasonable, making the whole clause unenforceable. Her former employer successfully obtained an injunction preventing her from joining a rival, and some expensive toing and froing in the courts has followed.

It centred on two words: “interested in”. She had signed to say she would not “directly or indirectly engage or be concerned or interested in any business carried on in competition [with her former company] for six months after leaving the business”.

As those words prevented her taking even a minor shareholding in a competing business, the Court of Appeal ruled it an unreasonable restraint of trade. And they found that removing the words would change the meaning of the clause.

Now the Supreme Court has found that those two offending words can be removed – but leaving the overall effect of the restrictive covenant intact, without the need for words to be added or amended.

This sets an important precedent and safety net for employers: that a restrictive covenant can be generally enforceable, despite one aspect being deemed unfair. However, having them correctly drafted in the first place is essential and having insurance in place to be able to enforce them through the Courts brings better protection for your business.

Contact The HR Dept for a review.

Is hotdesking still hot?

As flexible working practices become more popular, it makes sense that hotdesking will follow suit. After all, why pay for vacant space?

Adopting hotdesking means you can gain efficiencies by downsizing your square footage. Or make your workplace more attractive and useful by transforming the redundant desk space. How about a break-out area or new meeting room?

But hotdesking is not a one-way street to success. If only! In one survey of 1,001 office workers by a transformational consultancy, 22% of respondents found hotdesking made bonding with colleagues more difficult. And nearly half said they wasted time setting up equipment. The worry of whether a desk is available will affect the well-being of some, too.

Other potential problems include hygiene concerns and the development of cliquey behaviour. However, with a well-managed approach – including desk scheduling and clear guidance on conduct – these obstacles can largely be overcome.

How might the new school week
affect working parents?

A top performing state school in England has announced plans to move to a four-and-a-half-day academic week. Wow! School’s out from lunchtime on Friday for kids and teachers alike. So who is going to look after the children? We can see this will have an unfair additional pressure on parents, particularly women who bear the brunt of child care responsibilities.

Already working parents have to manage their working hours when their children first start school, as the first few weeks are usually half days. But a permanent four-and-a-half-day working week is going to affect businesses. If your employees are affected by this shorter week, you are bound to see an increase in flexible working requests. As much as we actively support flexible working, the number who can finish early on Friday is going to be limited and could create jealousy from colleagues.

The reason schools are looking at this is twofold. Firstly to save money as their budgets are under tremendous pressure. And secondly to minimise teacher stress and burnout, which is sadly a real and ongoing issue. So if this happens at a school near you, contact us to see if we can find innovative ways to help you reach a solution.

How emotionally intelligent
is your team?

In olden days people were expected to switch off their emotions when they went to work. Now it’s far more widely recognised that this isn’t possible. And that, actually, harnessing emotional intelligence can help individuals and organisations be more successful.

It has been established that emotional intelligence is a skill which can be nurtured with practice. The psychologist Daniel Goleman identifies five pillars: self-awareness, self-regulation, motivation, empathy and people skills. And it’s easy to see why these would be desirable traits in your workforce. In fact, a survey back in 2011 found that almost three-quarters of hiring managers rated emotional intelligence over IQ.

When trying to instil an emotionally intelligent culture, you should lead from the front. Staff who know that you genuinely care about them are far more likely to buy in to your plans. For guidance and advice, speak to The HR Dept.

Outrageous expense claims

What’s the most jaw-dropping item your employees have put through expenses? Can you beat lottery tickets, cosmetic surgery, half a cow? They’ve all actually happened. Admittedly in America! And while we can raise an eyebrow and perhaps smile at the nerve, it is a serious issue.

Expenses are to reimburse staff for travel and other costs incurred in the line of duty. While “half a cow” would be easy to spot, there will inevitably be greyer areas. These can be minimised through good line management drawing clear boundaries, rather than being left to the finance manager to notice.

Fathers’ flexibility needs rejected

The poor treatment that mothers often receive in the workplace is well documented. What does not hit the headlines so regularly is the father’s lot at work in 21st century Britain.

A new survey by Deloitte and parenting website DaddiLife sheds some light on this. It’s not particularly pleasant reading for families. Nearly half of dads experience regular tension at work when trying to balance family life. It affects one in three dads’ mental health negatively.

Four out of ten working dads request flexible working and about half of these requests are rejected. Of course, as an employer you are entitled to reject a flexible working request. But you must handle these requests in a reasonable manner. A rejection must be justified to the applicant with a good business reason.

Handling flexible working requests reasonably will involve a face-to-face meeting to discuss the request, properly weighing up the pros and cons and offering an appeals process. Taking the time to do this may help you to make a better decision as well as to stay legally compliant.

At first sight it may seem clear-cut that flexible working will not aid your business. But a considered appraisal of the impact of not granting it may change your mind. For example, if there is, as the survey suggests, a 33% chance of an unsupported father developing a mental health issue, maybe the cost in lost productivity of denying flexible working will exceed the perceived cost of allowing it.

Flexible working is also known to improve staff loyalty. So you may see the same story with recruitment and retention costs. The survey revealed that a third of new fathers have switched jobs and another third are actively looking to switch.

Flexible working is more highly valued by employees than ever. And traditional parental dynamics of the father being the bread-winner are increasingly perceived as outdated. So is it time to review your attitudes towards flexible working? Talk to your local HR Dept to review how you handle requests and how you can make flexible working work for your business.

Neurodiversity in the workplace

About 85% of people are neurotypical. This means that their brains process information as society expects. This leaves 15% who you could say “think different” to quote Apple’s famous advertising slogan. They are neurodivergent.

Neurodivergent people are often diagnosed with a condition, which can come with stigma. The main examples are ADHD, autism, dyslexia and dyspraxia. While they can each be associated with specific difficulties which are well documented, they also often give rise to strengths which come from thinking differently.

For instance, people with ADHD may be good at completing urgent tasks, those with autism at developing deep specialist knowledge, people with dyslexia at problem-solving and employees with dyspraxia at strategic thinking.

It all varies from person to person. But recognising neurodiversity, which is often recognised as a disability, and building a supportive working environment with reasonable adjustments where necessary, could give you a key advantage when trying to get the right blend of skills in your business.

LGBTQ equality in your workplace

With 2019’s calendar of Pride events just around the corner, it’s timely to consider LGBTQ equality in your workplace.

In a TUC poll of more than 1,100 LGBT workers, more than two thirds of respondents said they had been sexually harassed at work. It is a shockingly high number. It suggests that such discrimination is widespread, despite sexual orientation and gender reassignment being protected characteristics under equality law.

Transgender employees may be particularly vulnerable in the workplace. For the first time in 2018, LGBT equality charity Stonewall featured trans-inclusive employers in its list of top employers for inclusivity. But only 20% of the top 100 employers had a policy which focused on trans employees.

It is proven that diversity pays. Inclusive companies are able to recruit from a wider talent pool and benefit from a positive workplace culture. Workforces which reflect the full gamut of society can also connect better with broad customer bases.

So with the motivation of legal obligation and better productivity, what could you be doing to foster greater LGBTQ inclusion at work?

The first technical check is whether you have an anti-discrimination policy. We’d advise this to be a day one requirement when you start employing people. It will be broader than just covering sexual orientation as there are nine legally protected characteristics. It will let employees know what is and isn’t acceptable and give you the tools to address any policy breach.

Assuming a policy is in place you can look at further proactive steps. Variations of the phrase: “Diversity is being invited to the party, inclusion is being asked to dance” do the rounds on social media. And while they may over-simplify a complex issue, they are of some use. Talk to your team, sensitively, about what an inclusive workplace looks like to them and use that as a steer.

If you find yourself without an anti-discrimination policy, or you want professional support in developing your inclusivity, talk to your local HR Dept.

Cultural etiquette

According to research, two thirds of workers want clear guidelines on what form of physical contact is acceptable in the workplace. While to some this may seem a bit “nanny state”, we should not forget the impact of the #metoo movement, and the wrongdoing it has highlighted.

The survey revealed just how frequently embarrassing greeting misunderstandings occur. One in eight workers have been accidentally kissed on the mouth and a quarter have been trapped in an unwanted hug. In total, 42% of workers would like at least one form of greeting prohibited.

Shaking hands is still the preferred form of greeting. However while nearly half of workers in their 40s and 50s prefer it, a hand shake is only first choice for 35% of workers in their 20s.

It’ll be a cultural decision as to whether you want to introduce guidelines for your business. But the survey suggests there is some demand for boundaries to be set.

Breaking the ice

It’s a perennial issue – How do you get those creative juices flowing at the start of a meeting or training session? Love them or loathe them, ice breakers are often turned to.

If you’re currently burying your face in your hands, we understand. There are some terrible examples of ice breaking out there. From being asked to bark like a dog and find peers with the same barking style, to removing a shoe and have a stranger pair it back up to you, they can make people feel uncomfortable and invade personal boundaries.

But despite the litany of bad examples, there is merit in an ice breaker done well. The more contextualised to the gathering the better. By this we mean consider the time and space you have available and the expectations of your participants. Good ice breakers often have some link to the topic to be addressed.

Rest assured

Working time has been under scrutiny in the courts of late. A European legal decision suggests that companies may soon have to document precise working hours to prove legal weekly limits aren’t exceeded. And at a UK employment appeals tribunal, a worker was awarded personal injury damages when a consistent denial of a lunch break aggravated a bowel condition. Everyone must be permitted at least a 20-minute break when working more than six hours continuously.

It’s worth checking you are contractually offering this minimum and granting it in practice. There’s no need to provide a dedicated break area, though, or pay people for break time.

Is suspicion a good enough
reason to sack someone?

Imagine you’ve held a confidential meeting with your directors about an extremely sensitive issue. Then in the following days, some of the subject matter becomes the talk of the town amongst your wider workforce. Or worse still, outside your company. You’d be fuming. And rightly so. Trust is essential in successful workplace relationships.

If, after some preliminary asking around you have your suspicions, your first instinct may be to summarily sack your culprit. But we would urge you to temper your instincts. This is a high-risk action which exposes you to an unfair dismissal claim.

Such a sacking has just been played out across the national press. You’ll have read about the prime minister, Theresa May, dismissing her defence secretary, Gavin Williamson, for allegedly leaking the details of a National Security Council meeting. He described the process leading to his dismissal as trial by a kangaroo court.

While employment tribunals will not be at the front of the prime minister’s thoughts, they should be for SME businesses who act in a similar way. Awards for unfair dismissal can easily run into five figure sums. They are normally capped at the lesser of one year’s salary or £86,444, but in the case of whistleblowing or discrimination are uncapped.

If the above scenario, or some other serious wrongdoing occurs, it’s essential to follow the correct procedures, which should be outlined in your disciplinary policy. This will include a fair investigation. Once these have been followed, dismissal may then be a perfectly acceptable outcome.

Of course, in the case of the defence secretary’s sacking, someone must have leaked the story. In such cases the workplace culture, the expectations of management and the communication of company policies are so important in defending against indiscipline.

Incidents like this are among the problems that our advice line was designed to solve. When you are signed up, we’ll be there to advise you on the correct handling of such issues. And as long as you follow our advice from the outset, you will be protected from tribunal costs and awards by our tribunal indemnity insurance.

Ramadan in the workplace

From 5 May and lasting 30 days until 4 June it’s Ramadan, a holy period for Muslims. With three million Muslims in the UK, it is a time of the year that will impact many workplaces.

A good workplace culture will foster open dialogue between managers and employees about their needs, and Ramadan is no exception. So talk and find out if Muslim staff need any temporary adjustments. Ramadan features several customs, but fasting (food and drink) between sunrise and sunset is likely to be the one most noticeable at work.

Be accommodating where possible, as not being so without good cause could amount to religious discrimination. But if you have a strong business reason to deny a request, then you can do so.

The fasting is likely to cause tiredness and maybe irritability as the day wears on. Could you reschedule workflows to allow creative or demanding projects to be done in the morning, with more mundane tasks left for the afternoons? Staggered breaks, flexible lunch hours and even more general flexible working may be options too.

You’ll have a holiday policy and annual leave requests should be processed in line with that. But you may find scope to prioritise Ramadan (and Eid) related requests given that Christian festivals are often marked with bank holidays.

While it’s possible productivity will temporarily fall with any measures you permit, the long-term value of treating people well cannot be overstated.

And it is not all on you. A bit of consideration from your wider team would not be amiss: not talking gratuitously about food for example.

One final thought. Be mindful that some who would normally observe Ramadan may not this year for deeply personal reasons, such as medication or their menstrual cycle. Manage conversations tactfully.

Do you know what your
employees say about you online?

You can find a review for anything online nowadays. Movies, cars and you, yes you! As an employer.

Websites like Glassdoor.com allow current and former employees to post reviews and other telling information about their employment for all to see.

This is great if you have a raft of gushing reviews. But what if the reviews are not glowing?

It’s good practice to respond to negative reviews, rather than leaving a vacuum. So assign someone to do this. Consider who your response is addressing – it will probably be current and future employees rather than the person who posted the review.

If you really have got a culture problem, the feedback may be useful in helping you address it. If this is the case, you can say so in your response. Just remember, such reviews are a “thing” now – so they should be considered in your recruitment strategy.

Sorry, I’m out of the office

They’re a staple of modern business, but how do you like your out-of-office email messages? Strictly functional? Preaching about switching off? Or with lashings of humour?

One thing we can all agree on is that they should be accurate. This means ensuring the dates are correct, and that a colleague’s contact details actually work.

Sacha Romanovic, CEO of Grant Thornton, recently left an unusually detailed out-of-office message describing her holiday plans. The intention was to signal to staff that it’s ok to switch off. Meanwhile, one financial services industry worker is in competition with a colleague to write the most humorous messages, including one to the lyrics of Rick Astley’s 80s classic Never gonna give you up.

Whatever your team’s out-of-office messages say, they will leave an impression with recipients – it’s worth checking it’s the right impression. Ensuring they distinguish their message between internal and external senders may help strike the right balance.

Clocking change

Traditionally, only hourly paid staff clock in and out to ensure they are at work for their required hours and paid correctly. Some firms who charge on site engineers out to the customer have also completed time sheets. Going forwards, you may be forced to log absolutely everybody’s working hours to ensure employees don’t work too many hours.

This comes after a ruling from the European Court of Justice (ECJ). A Spanish trade union had taken Deutsche Bank to court. They argued that the Working Time Directive meant Deutsche Bank should be recording working hours to demonstrate that staff did not work more time than the weekly limits prescribed in the directive.

The ECJ agreed and said that in the absence of such records it was too difficult, if not impossible, for workers to ensure their rights were respected. This interpretation puts an obligation on member states, which at present includes the UK, to enact a requirement to record all actual hours worked in national law. We’ll keep you updated on any law changes that ensue.

Moving forward by giving back

It’s no secret that a bit of charitable activity can be good for business: the chance for some positive PR, and a teambuilding opportunity as your staff rally behind a good cause. There are pitfalls too, but none which you can’t sidestep with good people management.

Strong internal comms are key: in person, digitally or even a notice board. Make them two-way and get buy-in from your staff by letting them help pick the charity and methods of fundraising. Clarify that all donations are voluntary (you never know who may be struggling financially), and keep tabs on the choice of fundraising activity to ensure it doesn’t impair operations or cause offence.

Minimum wage rates

The minimum wage rates changed at the beginning of April. Find what you need to know below:

• Statutory Maternity Pay (SMP), Statutory Paternity Pay (SPP), Statutory Adoption Pay (SAP) and Statutory Shared Parental Pay (SSPP) increased from £145.18 per week to £148.68 per week.
• The Statutory Sick Pay (SSP) rate increased from £92.05 per week to £94.25 per week.
• The qualifying weekly lower earnings limit threshold for SMP, SPP, SAP, SSPP and SSP increased from £116 per week to £118 per week.
• The National Living Wage (NLW) and the National Minimum Wage (NMW) Since 1 April the new pay rates are as follows:
• The NLW for workers aged 25 or older increased from £7.83 to £8.21 per hour.
• The rate for workers aged 21 to 24 increased from £7.38 to £7.70 per hour.
• The development rate for workers aged 18 to 20 increased from £5.90 to £6.15 per hour.
• The young workers rate (non-apprentices aged under 18) increased from £4.20 to £4.35 per hour.
• The apprenticeship rate increased from £3.70 to £3.90 per hour.
• The amount of a week’s pay for various statutory calculations, including statutory redundancy payments, increased from £508 to £525.
• The statutory cap for unfair dismissal compensation increased from £83,682 to £86,444.

Don’t let changes on your shop floor
trip you up

Almost all businesses will have to consider visitors on their premises as well as employees, when assessing health and safety risks. But if you run a shop, or group of stores, and you are hoping for a large customer footfall, understanding the risks to the public will take on heightened importance. When they are getting some retail therapy, or picking up a few essentials, your customers will expect to be safe.

Local authorities enforce health and safety law on retail premises, and they will expect you to have assessed the risks in your business and taken precautions to manage them. Bear in mind, as you will see below, that this is not a one-off exercise.

The most common risk to customers in retail is of slips, trips and falls, so this must be properly assessed and controlled. Wet or dirty floors, spillages, damaged floors and other trip hazards are the most likely causes of an accident, but your business might have its own particular risks too.

Other health and safety considerations that are likely to be relevant to retail include manual handling, violence, working at height (if ladders are used), and workplace transport e.g. deliveries.

And then there are the hazards that are very specific to your store. Be especially aware when you introduce new equipment, fixtures, furniture or furnishings to your shop floor. Even though a change may be ad hoc, it’s essential to update your risk assessment.

In January 2019, the owners of Top Shop, Arcadia, were fined £450,000 when part of a queuing system barrier fell on a ten-year-old girl and fractured her skull. The barrier was successfully used in flagship stores but had been deployed to a smaller store which were not accustomed to using them.

The barrier should have been fixed firmly to the floor but was installed incorrectly. So when the young girl swung on it, it toppled over causing the serious injury which led her to miss eight weeks of school and left her with a permanent scar. In court, Arcadia admitted breaking health and safety laws, and has since put processes in place to reduce the risk of such an accident happening again.

If you are planning changes to your retail space, are opening a new store or just think your staff may need some extra training, contact us for expert health and safety support.

Maintenance procedures

Failing to design an adequate process for maintaining machinery and checking it’s operating safely is a reason for HSE prosecution should an accident occur.

This spring, two waste companies were each fined tens of thousands of pounds for accidents which resulted in severe limb injuries. Parallels can be drawn because the injuries were inflicted when workers were trying to remove blockages and waste material from machinery.

In the first case, the worker had his hand crushed between a conveyor belt and a drive roller. A few weeks earlier guard plates had been removed. A main part of the prosecution was that there were no adequate procedures for checking guard plates were in place. Additionally, adequate training for using the machine and suitable supervision of operatives had not been provided.

In the second case, a worker fell three metres into a compactor chamber, activating the ram which crushed his legs. He had climbed into the infeed hopper and jumped up and down on a blockage with a colleague. When it cleared, he fell through with it. In particular, the HSE noted that there was no safe system for isolating the system from power when dealing with blockages.

For a review of your maintenance procedures, get in touch.

Safeguarding record-keeping
in schools

Adequately documenting procedures and keeping records are often an essential part of complying with health and safety law. In schools, this is particularly sensitive. And also, more likely to be publicly exposed as inadequate if you are not doing it properly – because of the routine Ofsted inspections and ratings.

An independent school in Yorkshire had to accept the bad PR consequences of this earlier in the year, when they were stripped of their “Outstanding” rating and declared “Inadequate”. Among other things, safeguarding was found to be ineffective and they had not met the standards for ensuring all necessary checks were carried out on adults working in the school.

Whilst apologising and confirming the issues had been addressed, the head teacher explained that the safeguarding issues related to record checking and keeping, and that safety and security of pupils was not directly put at risk.

Away from this specific case, and aside from the fallout from Ofsted reports and the potential to employ someone who would do harm to children, how else could poor record checking/keeping impact health and safety in schools? One example is in first aid.

If you don’t have a record of which team members are qualified first-aiders, you’ll lose track of when certificates expire and when staff with the qualification leave. This will make it likely that you don’t comply with your own first aid policy.

If you need help independently reviewing your record-keeping and checking procedures call The H&S Dept and one of our experienced local consultants will help.

Myth busters

We like to wrap our children in cotton wool to protect them from danger, and very often from themselves. Most of the time this is entirely sensible and helps to prevent harm. But sometimes people go too far. Or businesses give health and safety a bad name by claiming a rule is because of H&S when in reality there’s a different underlying reason.

Sock it to ‘em
More cotton socks than cotton wool, but a soft play centre insisted that all children wear socks for health and safety reasons. While there is a public health need to cover feet infected with warts and verrucas, there’s no health and safety law mandating that socks are worn in soft play centres by all. The sock policy may meet this need, but it’s not specifically a health and safety requirement.

Don’t be a dummy
A café manager’s prohibition of baby’s dummies forced a family to leave prematurely. As with the case of the socks, the ban was blamed on the catch-all term health and safety. You can probably guess that there’s no health and safety legislation which stops babies being pacified with dummies in cafés. Digging deeper it was the café’s own strict internal food hygiene rules behind the ban. Better to just say that to begin with.

Is your work equipment
fit for purpose?

Failing to stay on top of seemingly innocuous maintenance issues on your premises can lead to tragic outcomes. That was the case at a Scottish care home, when a failing door lock led to the death of a resident.

After going missing, the resident was found with fatal head injuries at the bottom of a staircase leading to a boiler room. The staircase was kept off limits by a locked door, but the locking mechanism did not always work.

The death and a £60,000 fine show why even minor snags should not be left to lie. The technical breach was of Regulation 4(3) of the Provision and Use of Work Equipment Regulations 1998. This places a duty on you to ensure that equipment at work is suitable for the reason it is provided.

If you operate a care home and have concerns that your staff may not be carrying out the necessary control

UK Government raise awareness over
holiday entitlement

I don’t have to pay holiday because my staff are on zero-hour contracts.” “Staff need to work three months before they are entitled to paid holiday leave.” These are two myths which, though erroneous, appear alive and well, with more than 50% of workers in the UK believing both (according to a survey of 2,000 workers by Kantar).

It’s symptomatic of a wider problem of employers and employees regularly failing to understand how holiday leave and pay works – normally at the expense of workers. This has prompted the government to embark on a campaign to raise awareness of holiday pay. It is part of their response to the Taylor Review of workers’ rights. Their message is that it’s the responsibility of employers to get it right.

So how can we help?

First of all, if we have prepared your employment contracts, we will have drafted the details of employees entitlement and the holiday year in which it should be taken.

If you haven’t asked us to do this and would like a review, get in touch.

The statutory minimum is 5.6 weeks of paid holiday, made up of 20 days of annual holiday plus the eight statutory bank and public holidays. These are pro-rata for part time staff. To help, the government have released new guidelines and an online entitlement calculator.

Beyond this you may offer more generous contractual holiday pay.

With this foundation laid, you should have the basis for offering the correct number of days and communicating them to your staff. If it looks like they will not naturally take their full entitlement, you should remind them or face too many people suddenly wanting holiday at the end of the year. Holiday in excess of the statutory amount may be carried over but as holiday is deemed to be necessary for an individual’s well-being, it is better to ensure all staff take it. Only on termination of employment can accrued holiday be paid rather than taken.

What about managing holiday leave? It can be an arduous task: logging leave, prioritising conflicting requests and answering queries. If you are looking for a simpler way, ask your local HR Dept about our HR Toolkit. It is a software system that does all the hard work for you, freeing you up to leave work that little bit earlier in the evening.

Harsher penalties for breaching
employment rights

The Good Work Plan – the government’s response to the Taylor Review of the UK employment framework – promised better protections of workers’ rights. In the modern workplace shifts in technology and society have blurred the lines between employment and self-employment, stripping some workers of rights that they should retain – like entitlements to holiday pay and the minimum wage.

Tougher penalties for aggravated breaches of employment rights came into force on 6 April under The Employment Rights (Miscellaneous Amendments) Regulations 2019. They rise considerably from £5,000 to £20,000. These are payable to the government rather than the worker, and where a separate award is payable to the worker the maximum penalty to the government rises again to £40,000.

And to put a further change on your radar, this time to be introduced in April 2020, all workers will have the right to receive a written statement of the particulars of their employment. At present, it’s only employees that must be supplied with this.

We can provide advice to ensure you designate your staff correctly as employed, self-employed or workers and give them the corresponding rights. With these new penalties in place, it’s more important than ever to get this right.

Is unlimited paid holiday leave as crazy
as it sounds?

Not necessarily! An Australian company has offered this policy for three years and it’s been a roaring success. Here’s why.

The business, a management consultancy, had employees who regularly worked 50+ hour weeks travelling the country. Staff were frazzled and the CEO decided that the standard four weeks of holiday was insufficient. She introduced unlimited paid holiday entitlement, but labelled it “rebalancing leave” to reflect her intention that staff use it to correct their work/life balance.

She recognised the obvious flaw in unlimited leave was abuse: staff never showing up to work. And not so obviously, some staff taking less holiday than they needed in order to please management.

Her assessment was that the culture in her business was strong enough so people wanted to show up to work and not take liberties. She was right. She reported staff self-managing whether their leave should be paid as they were rebalancing their lives, or if the leave was for another purpose and should go unpaid.

She also felt it was important to lead by example. She has settled on taking five and a half weeks’ leave and this has encouraged her team to do the same, knowing that they’re not being judged for taking extra holiday.

While costs are incurred through the extra holiday, she considers she has saved money overall through better retention and fewer sick days.

It won’t work for every business, but it is food for thought. If you would like to explore how creative employee benefits can help your company, talk to our experts at The HR Dept.

Pranks at work

Were there any shenanigans amongst your team this April Fool’s Day? Pranking may start out as harmless but can quickly become more serious than anybody wants.

On the Richter Scale of pranks a level one or two may contribute to a fun workplace. We heard of one employee who left a random penny on her colleague’s desk every day to make him question himself.

But, higher-stakes pranks which show poor taste or judgement could have grave consequences for staff or your business.

There have been incidents in America of false claims that schools and shops are under armed assault which led to police being called and arrests made. And vicarious liability may be a factor too, meaning a company can be held accountable for the actions of its employees. Carphone Warehouse was found liable in court for the prank of two employees falsely outing their manager. If you need help setting the right expectations of behaviour in your business, call us.

Making a difference

When it comes to attracting talent for your business, , how tuned in are you to the outlook of today’s applicants? Whilst a competitive salary, opportunity for progression and a shiny benefits package are all still desirable, there may be something more that could give you the edge over the competition.

Last year the Deloitte Millennial Survey revealed that millennials are seeking something different from employers. Due to a growing scepticism in political leaders, it’s their employers that millennials are looking to for guidance on making a difference in the world. Recent largescale protests on climate change and waves of people now rejecting single-use plastics, suggest it’s not just millennials that are seeking a sustainable future.

So how can your business lead on this and give you some competitive edge? We have plenty of ideas. Implementing a cycle-to-work scheme, facilitating recycling or taking a resource efficiency pledge are all good places to start. To explore other ways of demonstrating your environmental care and community spirit talk to your local HR Dept.

Acting on Stress Awareness Month
this April

Stress is not an illness in itself but can lead to serious conditions like anxiety. While a bit of short-term tension from a deadline can aid productivity, having permanently stressed-out staff will help no-one.

So it’s important to ensure your policies and processes consider employee well-being. If you don’t offer one already, an Employee Assistance Programme is an excellent and cost-effective way to provide some professional, third-party support through your benefits package. It’s also possible to train staff as mental health first aiders. This can help raise awareness and provide early intervention and support pathways for struggling employees. Talk to us to find out more.

Minimum wage rates

The minimum wage rates changed at the beginning of April. Find what you need to know below:

• Statutory Maternity Pay (SMP), Statutory Paternity Pay (SPP), Statutory Adoption Pay (SAP) and Statutory Shared Parental Pay (SSPP) will increase from £145.18 per week to £148.68 per week.
• The Statutory Sick Pay (SSP) rate will also increase from £92.05 per week to £94.25 per week.
• The qualifying weekly lower earnings limit threshold for SMP, SPP, SAP, SSPP and SSP will rise from £116 per week to £118 per week.
• The National Living Wage (NLW) and the National Minimum Wage (NMW) From 1 April the new pay rates will be as follows:
• The NLW for workers aged 25 or older will increase from £7.83 to £8.21 per hour.
• The rate for workers aged 21 to 24 will increase from £7.38 to £7.70 per hour.
• The development rate for workers aged 18 to 20 will increase from £5.90 to £6.15 per hour.
• The young workers rate (non-apprentices aged under 18) will increase from £4.20 to £4.35 per hour.
• The apprenticeship rate will increase from £3.70 to £3.90 per hour.
• The amount of a week’s pay for various statutory calculations, including statutory redundancy payments, will increase from £508 to £525.
• The statutory cap for unfair dismissal compensation will increase from £83,682 to £86,444.

Does your dress code discriminate?

You arrive at work and find your receptionist wearing running trainers instead of his usual smart shoes. With two clients already in the waiting area you don’t want to make a scene, but you’re not happy.

It’s good you didn’t blow your top though, as it’s always wise to check for a simple explanation. And here, your receptionist sprained his ankle earlier. It was either wear the trainers or go home incapacitated, leaving you in the lurch.

But if it was just standards slipping, then it’s a dress code policy that gives you the framework to deal with it appropriately.

A dress code helps you maintain a certain image for your business. It can include personal grooming and there may well be health and safety considerations as well. But if not devised and implemented well, a dress code can give rise to discrimination and then tribunal cases or mockery in the national press.

The general rule is that you’re free to set your own dress code as long as it’s justifiable for a business or health and safety reason. But you should be careful of anything that imposes a requirement on an employee which encroaches a protected characteristic under the Equality Act 2010 (for example sex, gender reassignment or religion).

That’s not to say there cannot be any divergence of dress code for, say, men and women. A ban on beards may be justifiable for men if, for example, facial hair interferes with a safety mask. And in customer facing roles, you may be able to justify a degree of gender-defined requirements based on cultural expectations.

But be warned, the more subjective your policy, the more at risk you are to a discrimination claim and/or bad publicity. Blunders abound. For example, makeup and high heels are two areas to be particularly wary of – it’s hard to justify either for any reason. Virgin Atlantic has just removed its infamous makeup requirements for female flight attendants, and PwC was caught up in a high-heels media storm a year or two ago.

There are rarer issues to contend with too. Like how to manage a transgender employee’s appearance. Or where a policy discriminates indirectly, say on religious grounds.

Whether it’s because of sexism, a sex change or something else, don’t let your dress code bring you down. Ask us for a review to ensure it does not discriminate.

Auto enrolment contributions are increasing

There’s a payroll chore this month if you have an auto enrolment pension scheme. And, more significantly, a higher ongoing cost burden for employing people.

From 6 April 2019, the minimum percentage of salary that you must contribute to eligible employees’ auto enrolment pensions is increasing from 2% to 3%. The overall contributions rise to 8% of salary each month. So for staff, their minimum contributions are rising from 3% to up to 5%, depending on the amount you decide to put in.

As the employer it is your responsibility to ensure that these increases are implemented. You’ll need to assess which employees are affected, make the necessary adjustments to your payroll and communicate the changes to your staff. The Pensions Regulator does have the power to issue fines for non-compliance with April’s rises. We’d also advise reviewing your budgets to ensure they can account for the extra cost.

Please note that, depending on your pension scheme rules, there may be a provision for your employees to avoid their contribution rises. It is known as opting down. You can refuse an opt down request, but if you permit it, your employee would have to go through the auto enrolment process again as required.

It’s important to flag that you are not allowed to actively promote opting down as it goes against the intention of the legislation, and can have knock-on effects that disadvantage your staff. Therefore we only mention this so you are informed, in case your staff raise it with you.

Avoid an awkward first day

We recently blogged about best practices when you are inducting new employees. But what about the opposite – avoiding first day disasters.

You know, like not letting a new employee lock themselves in a walk-in fridge within hours of joining your company. Or leaving a mysterious spray in a desk drawer only for your recruit to discover the hard way that it’s mace. Or adorning your latest hire’s desk with a beautiful bouquet of flowers… which were embarrassingly intended for someone else who’s off on maternity leave.

Those are all real examples, and our favourite (no, that should be least favourite!) is the confession of a newbie who on day one was allowed loose on an email system that let him send 10,000 customers an email wrongly saying their insurance had expired.

It’s essential to prep for first days: among other things readying workstations, providing a tour and setting up training.

Spring clean your HR documents

March marks the start of spring. The first quarter of the year is nearly done and it’s the season when many get their house in order with a spring clean. What better time to review your employment contracts and handbooks, making sure they’re up to date?

These documents underpin your whole employment relationship with your staff. They describe what rights they have, what rules they must follow and what happens if they breach them.

Law changes will normally mean some updates are required each year. For our Advice Line + clients, we’ll automatically update yours as part of our service. But your business and its culture will evolve too, maybe your dress code for instance. When was the last time you considered how your culture is reflected in your contracts and handbook? Get in touch if you want to discuss.

Asda’s landmark equal pay dispute

They don’t come any bigger than this when it comes to private sector equal pay claims. With a significant gender pay gap still prevalent, all employers should take note.

The Court of Appeal has agreed with an employment appeals tribunal ruling which favoured an equal pay claim against Asda. More than 7,000 mainly female workers based in Asda’s retail stores took their employer to court, claiming that they were not receiving equal pay with the depot workers – mostly male.

Asda argued that the two pay structures were distinct and could not be compared. But the courts have found that, as the employment relationships can ultimately be traced back to Asda’s executive board, there is a basis for comparison. It’s an interesting point which many businesses may like to reflect upon.

This is not the end of the story. But it does allow the next chapter to begin. A tribunal will now establish whether the work carried out by each set of employees is of equal value to Asda. If so, they’ll decide whether there are any objective grounds for the variation of pay.

#InternationalWomensDay has been trending in March bringing workplace discrimination into focus. The gender pay gap is just one aspect of this. Last year, the Office for National Statistics figures revealed it had dropped from 9.1% to 8.6% for full-time workers – its lowest rate yet. But further improvement is required.

The UK government has been introducing measures like gender pay gap reporting for larger organisations. But as it’s illegal to pay different rates based on gender, the courts can play a big part in closing the gap too. Given the scale of the Asda case, the impact will be significant whatever decision the courts reach.

The clocks spring forward

At long last, the clocks go forward on 31 March! So we can all start to enjoy longer evenings, brighter mornings and an extra spring in our steps as we approach summer. The downside of the spring clock change is that we lose an hour of sleep over the weekend. But hey: short-term pain, long-term gain!

To reduce the likelihood of employees rolling in an hour late on the next working day, be sure to remind your team of the switch to British Summer Time – particularly if you have staff working on Sunday mornings.

New wage rates from April

The minimum wage rates will be changing from April. Find what you need to know below:

• Statutory Maternity Pay (SMP), Statutory Paternity Pay (SPP), Statutory Adoption Pay (SAP) and Statutory Shared Parental Pay (SSPP) will increase from £145.18 per week to £148.68 per week.
• The Statutory Sick Pay (SSP) rate will also increase from £92.05 per week to £94.25 per week.
• The qualifying weekly lower earnings limit threshold for SMP, SPP, SAP, SSPP and SSP will rise from £116 per week to £118 per week.
• The National Living Wage (NLW) and the National Minimum Wage (NMW) From 1 April the new pay rates will be as follows:
• The NLW for workers aged 25 or older will increase from £7.83 to £8.21 per hour.
• The rate for workers aged 21 to 24 will increase from £7.38 to £7.70 per hour.
• The development rate for workers aged 18 to 20 will increase from £5.90 to £6.15 per hour.
• The young workers rate (non-apprentices aged under 18) will increase from £4.20 to £4.35 per hour.
• The apprenticeship rate will increase from £3.70 to £3.90 per hour.
• The amount of a week’s pay for various statutory calculations, including statutory redundancy payments, will increase from £508 to £525.
• The statutory cap for unfair dismissal compensation will increase from £83,682 to £86,444.

More protection for
pregnant women

Following government research suggesting that one in every nine women returning to work after giving birth is made redundant, fired or forced out, more robust protections are at last being sought.

Pregnancy and maternity are already characteristics protected against discrimination under the 2010 Equality Act. And there is a host of maternity rights that are available to pregnant employees and new mothers, with statutory maternity leave and pay being two of the main ones. There is also some protection against redundancy.

If redundancy is considered necessary within an organisation while an employee is on maternity leave, she must be offered an alternative role if one is available ahead of any other member of staff in the selection pool. If no such role is open, then she can be made redundant. But only if some strict criteria is met.

These are that it is a genuine redundancy with proper consultation process followed, and that pregnancy or maternity is not the reason.

The government research, alongside other studies and plenty of anecdotal evidence, suggests that the current rules do not offer pregnant women sufficient protection.

So the government has proposed increasing the period of legal protection against redundancy for pregnant women and (no change for them) new mothers to six months after their return to work. Others associated with the arrival of a child, including men  and women returning from shared parental or adoption leave, could also be protected.

The proposals were announced in January and a 10-week consultation has been launched, so we’ll keep you posted on developments.

Despite the current legal protections, it’s clear that too often women who go through pregnancy are being discriminated against. As we’ve explained, it may be possible to make a pregnant employee, or one that is on maternity leave, redundant. But there is a low threshold for establishing discrimination.

If discrimination occurs, the employee can take an employer to tribunal. And so they should.

For advice on successfully managing employees whilst pregnant or on maternity leave, get in touch with your local HR Dept.

Now you can check
their right to work online

It’s a legal requirement to check and record that your prospective hires have a right to work in the UK. Failure to do so can result in fines for you of up to £20,000 per illegal employee.

Until now this has been done by checking paper documentation from the employee, such as a passport or relevant visas. Last April the government launched a secure online checking service which was free to use. However, paper checks still had to be conducted alongside this. Now the online check is sufficient on its own to demonstrate compliance with this rule.

It is not the end of paper checks altogether though, as sign-up to the online service is voluntary for individuals and employers. In other words, if both parties are happy to go online then that method can be used. But if not, you’ll still need to do it the old-fashioned way.

Pay… attention to detail!

If you employ staff and pay them a variable amount based on the time they work, the way you prepare their payslip is changing in April this year.

To aid transparency for you and them, you will be required to itemise the number of hours worked.

If, on top of variable hours they also have variable rates of pay, for say different tasks or working bank holidays, there is no extra requirement to itemise the hours and rates separately – an aggregate sum for total hours is sufficient. But you may wish to include this further itemisation for even greater transparency.

April is not far away, so if this will affect you ensure your payroll systems are up-to-date to accommodate the new requirements beforehand. And once April comes around, don’t forget to itemise accordingly.

Mental health first aiders

In January, we moved a step closer towards the appointment of trained mental health first aiders in workplaces. This followed a debate in parliament which recommended a change in the law.

All employers have a duty of care towards their staff under the 1974 Health and Safety Act. In larger organisations this includes an obligation to have an appropriate number of trained medical first aiders.

But times have changed, and mental ill health is far better understood nowadays than it was in 1974. A number of statistics were put forward during the debate to suggest the scale and impact of the problem.

That five million people in work could be experiencing an issue like depression, stress-related illness or anxiety. That 300,000 people annually leave their jobs because of long-term mental health problems. And that people affected by a mental health condition who remain in work for longer than they should, costs the economy £15 billion per year.

With these in mind, it seems entirely logical to take action. Mental health first aiders are thought to be an effective approach. But what are they? Just as medical first aiders are not considered a replacement for an A&E doctor or surgeon, their mental health counterparts would not be a replacement for trained mental health professionals.

Instead they would operate as an early warning system. They’d help identify mental health issues and support workers in getting them addressed by professionals before they worsen. Avoiding more serious problems for the individual and the company would be a welcome outcome all round.

Do you have staff who are experiencing mental health difficulties? If you want to explore ways of helping them before these changes come in, call us.

The spy who hired me?

From time-cards to internet monitoring, the idea of companies keeping some sort of tabs on employee activity is nothing new.

But with technology affording ever more opportunity to collect, store and analyse data, how much monitoring is too much?

Sky News staff were reportedly shocked to hear that cameras and microphones were being installed in their newsroom to livestream and broadcast activity for a day. Separately, it was reported that Amazon has patented goggles with direction and movement sensors which raised concerns about surveillance.

The key principles underpinning employee monitoring are that it must be justifiable and that you have a written policy. You should inform employees beforehand of what you record and why, and how long it will be kept. It is not acceptable to collect information for one reason and then use it for another. As with all data it must be stored securely.

Pawternity leave

As many pregnant women and new mothers struggle with discrimination over new arrivals in their families, employees at some companies enjoy the flip side of this coin. Yes, not only are maternity rights respected, but they also give their staff paid time off if they get a puppy or have some other major pet-based event in their life.

What else could this be dubbed other than pawternity leave? While such policies will be dismissed as “fluffy” by some, they are implemented quite deliberately to give the company an edge in the recruitment market and, from there, commercial advantage.

Caring during a cold snap

It’s not too often each year that we have to contend with snow and the disruption it brings. But recently it has been one of those times. It sure has been cold, although not quite to the extent of the polar vortex in the States.

Extremes of temperature present particular problems to the care sector, where you are often dealing with very vulnerable people.

A report was published in December 2018 which found that a pensioner died in a freezing care home in 2016. The central heating had broken three weeks previously and had not been fixed. The 1960s heaters were known to be in poor condition before they broke down.

Already unwell with a chest infection and without medication because the care home had faxed the prescription to the wrong chemist, the 95-year-old was stuck in a room in which the window did not close properly, letting in a freezing draft. Early one morning staff became concerned and called the emergency services.

The ambulance crew found the pensioner with a body temperature 9°C below normal levels at just 27.5°C and sadly she passed away. The inquest found the cause of death to be bronchopneumonia and hypothermia.

In England the Care Quality Commission (CQC) is the enforcing authority for patient and service user health and safety. The Health and Safety Executive (HSE) takes this role in Scotland and Wales. The CQC rated the care home as inadequate and it shut down in 2017. The manager or care home owner may yet be prosecuted under the Health and Safety Act.

Clearly, during cold weather it is vital to have heating equipment appropriately functioning to keep the premises at comfortable temperatures. And that your property is maintained so that windows close as they should. Annual servicing and regular maintenance checks are important to achieve this – just waiting for problems to show themselves during a deep freeze is not acceptable.

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 is relevant here. These state that premises and equipment must be properly maintained which means holding a sufficient budget for such maintenance.

A good risk assessment will help to identify where things could go wrong and put suitable contingency plans in place to address them.

While temperature control may be particularly important in a care setting, maintaining heating equipment is also relevant to all workplaces.

Movement of goods risk assessments –
A must have for all businesses?

From offices to warehouses, pubs to shops, most businesses will handle or receive goods. It may be a key part of your daily activities, or it could be more occasional. Either way, it’s essential to have carried out a movement of goods risk assessment.

Because there are so many types of organisation (and therefore issues) to regulate, the Health and Safety Executive (HSE) and local authorities coordinate a national Moving Goods Safely project. Either the HSE or your local authority could be the enforcement authority, depending on the nature of your business. And it can be costly if you get it wrong.

Colchester Borough Council successfully prosecuted the fourth largest pub company in the UK for health and safety failures in this area.

In October 2017 an accident whilst unloading a drinks delivery left an employee with broken fingers. The injury was caused by an unsecured cellar door falling shut. The local authority found that gas struts designed to allow the door to open and close safely had been removed and not replaced the year before. Moreover, there were no controls in place to stop someone falling down the cellar shaft.

As you might imagine, appropriate risk assessments were found not to be in place for the delivery of goods. Showing the severe consequences of getting this wrong – beyond the harm that came to the employee – the company was fined £100,000 plus costs and a victim surcharge. If you need help preparing or reviewing your movement of goods risk assessment, call The H&S Dept today.

H&S concerns impact
university expansion

In a reminder of how health and safety can impact organisational growth plans, the University of Chester may have to move its Faculty of Science and Engineering from Thornton Science Park. The site opened in 2014 and 500 students are based there.

This follows an intervention from the Health and Safety Executive (HSE) after the university applied to change the site’s use from business to educational in order to aid future planning applications.

However, the HSE consider there is a risk to students as the science park is situated within the inner zone of a hazardous installation – The Stanlow Oil Refinery. The HSE classify students as members of the public, bringing in extra health and safety considerations. The university want them classed as employees and subject to site security procedures.

Whether you are an academic institution or another organisation with big growth plans, ensure you do your H&S due diligence before implementing expansion plans.

Health and Safety Myth Busters

Many people go to nightclubs to cut loose. And whilst out for a good time, punters may sometimes do things that aren’t in their own best interests. Venues have a responsibility not to allow people to break the law. And they are also bound by stringent health and safety regulations. But where do they draw the health and safety line?

The HSE myth busters panel have highlighted two occasions in recent months when nightclubs have “blamed” policies on health and safety law, when in fact it’s their own management decisions. The problem is, this gives good health and safety advice a bad name. So let’s look where they got it wrong.

Banning headbanging

Headbanging – the dancing practice of violently but rhythmically shaking your head – cannot be very good for the old brain cells. But it’s a personal choice and there is no legislation prohibiting it. One nightclub incorrectly hid behind H&S when telling clientele to cut out the headbanging.

Lick-sip-suck stop!

In another case a nightclub barman refused to serve salt and lemon with tequila. This prevented the shot being enjoyed in the famous lick the salt, sip the drink, suck the lemon fashion. As with headbanging, it may not be too good for your health to down shots of tequila, but it’s not against the law for adults to drink it with these accompaniments.

The ABCs of asbestos

For businesses involved in property, such as landlords and construction firms, asbestos risk should be firmly on the radar.

Asbestos can be found in all manner of construction materials used prior to the year 2000. Considered not to pose a direct risk when undisturbed, these materials release fibres into the air when disturbed which, if inhaled, can cause fatal diseases like asbestos-related lung cancer and mesothelioma. The effects are long-term, with 20 tradesmen a week dying from past exposure.

The Control of Asbestos Regulations 2012 primarily govern this risk. When any work is carried out on buildings where asbestos may feature you need to determine if it’s present and the form and condition it is in. If present, or you are unsure, you’ll need to conduct a risk assessment.

Most work with asbestos needs to be carried about by an HSE-licensed contractor. While some activities do not have this requirement, they may still require special procedures. These are called notifiable non-licensed work. Anyone who may disturb asbestos during their normal work activities needs to be appropriately trained.

A Birmingham Magistrate’s Court recently fined a landlord and building contractor after they caused large amounts of asbestos fibres to be released at a rented property. Making fundamental errors, the landlord should have commissioned an asbestos survey and the builder should not have commenced work without seeing and being guided by the report of such a survey.

The risks are high and the regulatory obligations wide-ranging. So if you need help getting the basics right with asbestos, talk to us at The H&S Dept

Finding flex appeal

With unemployment at historically low levels, and staff turnover a problem for many businesses, flexible working is one way to differentiate yourself. Or at least keep up with what your competitors may be doing. Indeed, the government are keen to see as many jobs as possible advertised as flexible, and may legislate in this direction.

Currently, the law says that whether you promote flexible working or not, you must deal with a request for flexible working in a reasonable manner. For instance, weighing up the pros and cons, discussing the request with your employee and making an appeal process available.

That said, you’re not obliged to accept a request if it does not work for your business – just act reasonably or you could be penalised by a tribunal.

It’s worth noting that flexible working is a bit of a catch-all term. It could relate to working hours, the location where work is carried out or something else specific to your business. Part-time hours are the most popular form of flexible working, with flexitime, term-time hours and annual-hours contracts also popular.

Flexible working is often seen as an attractive and inclusive perk. So it can boost recruitment, widen your talent pool, and improve retention by promoting staff loyalty and engagement. Research even shows it can make your staff more productive.

If there are no insurmountable obstacles and you are planning to trial flexible working, you’ll naturally be concerned as to whether you’ll be able to manage it effectively. This is why consideration into how it will impact service is important. Likewise, an appraisal of your business culture – Could overtime be abused? Or do managers need retraining to recognise work completed rather than presenteeism?

You might need to review your IT systems to ensure they run smoothly. Embracing cloud software solutions for your staff may be required, and perhaps absence management software, such as that which is built into our own HR Toolkit.

To explore the benefits and feasibility of flexible working at your company, why not talk to your local HR Dept today?

Five New Year’s resolutions
from The HR Dept

One. Address that underperforming employee. It’s easy to put off, but underperformance is a major drag on business, impacting any or all of service delivery, morale, profits and opportunity-cost.

Two. Look into new learning and development opportunities. Continuous learning is a key to success and helps engage staff. It doesn’t have to be formal training. How about some monthly in-house knowledge-sharing sessions, led by different team members?

Three. Check your contracts and employment statuses. The rise of the gig economy has led to many people being wrongly classified as self-employed. They’re taking their companies to court to claim the employment rights they’ve been denied.

Four. Carry out a risk assessment. Every business is legally required to have done this, but risks change over time. So why not ensure you’re still on top of health and safety in 2019?

Five. Plan a fun activity or team-building day. Now’s a great time to do this and lift the spirits in deepest, darkest January.

The small print

Legally, a written statement of terms and conditions of employment should be provided within two months of work commencing. But for sectors which experience high staff turnover, the recent decision of an employment appeals tribunal (EAT) judge effectively reinterprets this.

The case concerned three hotel workers, employed on short-term contracts who were dismissed for questioning persistent irregularities with their wages, including deductions, shortfalls and late payments.

Two of the workers were employed for more than two months and the third for only six weeks, and none received their terms and conditions. The EAT judge found that, having each worked for more than a month, each were entitled to have received terms. Automatic unfair dismissal was ruled in all three cases.

This sets a precedent and companies should now be looking to provide these terms (properly drafted, not copy/pasted from a template which may be incorrect or irrelevant) within one month, with the second month regarded as a grace period.

UK unemployment
at it’s lowest since 1971

Figures from the Office of National Statistics show that the unemployment rate in the UK is at its lowest since 1971. An estimated 32.48 million people are in work – 396,000 more than in the previous quarter (August to October 2018). This is made somewhat remarkable when the number of jobs that have been lost on the high street in the last 12 months are considered.

Research by the British Retail Consortium shows that 93,000 retail jobs were lost last year as big names such as Toys R Us, Maplin and Poundworld all went under.

And it’s not just retail jobs that have been lost. A leading accountancy firm reports that restaurant insolvencies in the 2017/18 year were up 24% on the previous year to 1,219. Just this month, Jaguar Land Rover announced it was shedding another 4,500 jobs.

So, what does all this mean to you as an employer? Well, on the one hand the talent pool from which you can recruit is potentially smaller than at any point in recent memory. This means it’s important to nail your recruitment processes to ensure you’re as competitive as can be. From writing your job descriptions to interviewing candidates, you need to get it all right. If you think you have an area of weakness here, talk to us.

But, on the other hand, is opportunity knocking? As we witness seismic shifts in the economy brought about by phenomena like the Internet and Brexit, you may be able to use the decline of some sectors to your advantage by offering retraining to experienced professionals who are looking to transfer into new areas of expertise.

The importance of
a good first impression

“Fail to prepare, then prepare to fail” is a maxim that’s often given to interviewees. But it can equally apply to the interviewer if you are to make a good impression yourself. To do this, your questions should be considered in advance. There’s an obvious need to avoid subjects that could breach equality law, such as pregnancy. And it’s also wise to steer clear of contentious subjects like politics, or pressing for answers too vehemently.

Think about the time and place of the interview, making sure they are reasonable and set the right tone for your company. Some people like to stage interviews in the informal setting of a café or restaurant. If you opt for this, ensure it’s not a place where you or your interviewee could be interrupted by acquaintances. For help upping your interview game, talk to your local HR Dept.

Fighting the January blues

The weather’s generally rubbish, the days are short, and many people are broke and on diets after Christmas. It’s not surprising January supposedly features the most depressing day of the year, known as Blue Monday. How does all this affect your team each January?

If productivity takes a dive or the atmosphere sours, showing a little awareness and taking a couple of proactive steps could work wonders. Think what will work for your team, of course. But for many people, encouraging achievable exercise goals – like a daily step challenge, for example – and simply getting some fresh air and daylight at lunchtime could be a great start.

Holiday how-to’s

Ok, so you’re navigating the seasonal rush (or lull!), you’ve survived the Christmas party, and then Tom asks if he can carry over two weeks of holiday. You’ve got big plans for 2019 – do you really want to be losing a team-member for that extra time if you can help it?

Firstly, if your holiday year ends in December, why has no one made sure Tom and the others have taken their holiday entitlement? Holiday legislation is covered by health and safety law on the basis that employees need time away from working. Many of the rules relate to this principle.

Managing holiday requests so that the business runs smoothly is important, and you might want to look at HR Dept Toolkit for next year. HR Dept Toolkit is software for making managing holiday requests and other HR admin simple.

Legally speaking, holiday entitlement is broken down into an EU required 20 days, followed by eight days covered by UK law (pro rata for part time staff). Finally, there’s any additional contractual leave that you as an employer provide beyond the statutory minimums.

Dealing with the EU’s four weeks first, the intention behind these is that everyone requires this for their health and wellbeing. Therefore, this cannot be carried over unless they have been on long-term sickness absence, when apparently according to the EU they still need time away from work. And so any holiday accrued during this period of sickness can be carried over. We know what you are thinking!

Thankfully, any holiday entitlement above the 20 days gets simpler after that and you make the rules. So you’re in control. Usually the eight days covers bank and public holidays and any more generous holiday will be detailed in the contract of employment.

With holiday bookings at their peak in January, contact us for a demo of HR Dept Toolkit to make managing next year’s requests simple.

It’s normal to chip dogs, but people!

The pace of technological progression never ceases to astound us. Driverless cars, virtual reality and advanced artificial intelligence are all here. But what about when technology goes too far and becomes a concern?

British and Swedish firms have developed working implant chips that companies can roll out into their workforces. Inserted in the fleshy part between the index finger and thumb, the chip can be used to open doors (replacing the need for ID cards) and store medical data.

With it being claimed that 150 people have been chipped in the UK and 4,000 others (mostly) in Sweden, this is yet another technology of tomorrow that is with us today.

It may send a shudder down the spine, metaphorically speaking. Whatever the perceived benefits, with any initiative as invasive as this, it’s important not to pressure employees into participating. If you are unsure whether, or how, to unleash a new technology on your team, talk to us to cover the HR angle.

Staff retention

A modest seasonal bonus could be worth its weight in gold to your employees as they look to have a merry Christmas. But it could be worth many more times its weight in gold to you as the employer.

January is a prime time when people look for new job opportunities. But a survey from an employee benefits company found that nearly half of UK employees who received a Christmas bonus or gift recently would not look for a new job. And about the same amount would not accept a job offer if they received one.

With the cost of recruitment stretching to as much as a year’s salary for some roles, it’s clear that a little Christmas bonus really could go a long way for you, as well as your staff.

The gig’s up

Another month, another court case about worker status. This time it concerns transport services firm Addison Lee. They have lost an employment appeal tribunal (EAT) initiated by three of their 4,000 private hire drivers. The drivers wished to be classified as workers rather than independent contractors. This would grant them rights such as National Minimum Wage and holiday pay.

The contracts between the firm and the drivers described them as independent contractors with no obligation to offer or accept work. However, taking a strong steer from a Supreme Court case, the EAT said it was right to look beyond the contract and consider actual working practices with a “realistic and worldly-wise” view.

They found that drivers typically worked up to 60-hour weeks and had to work at least 25-30 hours just to cover their fixed costs. They drove vehicles with Addison Lee livery and were told that they were representing the company at all times when in the vehicles. And that they might face sanctions if, without good reason, they turned down work offered to them.

The EAT concluded that it did all add up to worker status, rather than that of independent contractor as stated in the contracts.

There is place for all types of contract and some individuals will seek flexibility just as much as companies. However, what’s not right is for companies to impose false self-employment as a device to cut costs. This erodes workers’ rights, undercuts competitors who behave properly and short-changes HMRC, which, of course, ultimately costs everyone.

To avert this risk, you should review your contracts and ensure that they accurately reflect the true nature of working relationships. If you need help, call us.

Grant funding available for employing marginalised women

The UK government has announced a £600,000 pot for small businesses to help them employ vulnerable and marginalised women looking to return to work. Much government attention is already focused on gender inequality at board level of FTSE companies – with progress being made. So this support at the other end of the careers ladder is to be welcomed.

You can bid for a grant which can be used to fund training, refresher courses or offering work placements. £100,000 of the pot is specifically ringfenced for bespoke support to women who face multiple barriers to returning to work, including caring for people at home, limited English-language skills and mental health issues.

Diversity pays in the workplace, and this funding could help you diversify your workforce. For strategies to ensure you hire from a pool of all available talent, contact your local HR Dept adviser.

Deck the halls

Many organisations like to get into the Christmas groove and spruce up the workplace with tinsel and a tree in December. But spare a thought for a Texan lady who, having vehemently declared she didn’t want to see any Christmas decorations until after Thanksgiving, was pranked by her sister with a barrage of decorations worthy of Lapland itself. It was so over-the-top that she could do nothing but surrender to it. That aside, don’t let decorations get in the way of people doing their jobs. And remember that some items could pose a health and safety trip or fire risk.

Budget 2018

Last month, chancellor Philip Hammond delivered his 2018 budget. And as usual there were some announcements particularly relevant to employers. So here is our round up for SME business owners.

National living wage – This was introduced by George Osborne in 2016. In effect it’s an enhanced minimum wage for most people over 25. It was announced that this will rise by 4.9% in April, from £7.83 to £8.21 per hour. This will affect some sectors more than others. For businesses with low-paid workers such as in care and hospitality, we’d advise factoring these new rates into your budgeting for next year as soon as possible.

Apprentices – Apprenticeships are a useful option within the recruitment market if you’re looking to take people on and train them up in new skills. The government will significantly help to pay for the training, and in this budget it was announced that this help will be extended. Currently, as an SME with an annual wage bill of less than £3million, The Apprenticeship Levy does not apply and you only have to pay 10% of the training costs. The good news is that this will be reduced to just 5%. However, a date for this reduction has not been set.

IR35 – Originally introduced in 1999 this is a tax rule designed to stop freelancers and companies sidestepping tax through disguised employment. So very relevant to all the news we have about the gig economy right now.

Last year a requirement under IR35 was introduced for public sector organisations to deduct tax and national insurance from contractors. Now, it’s been announced that from 2020 private sector firms employing more than 250 people will be responsible for checking their contractors’ statuses and deducting the appropriate tax. And if they get it wrong, they will be liable for tax fines.

So IR35 is starting to affect the SME market more, and who is to say where it will stop? We regularly talk about the importance of getting the status of your workers correct in contracts at the outset. And this development in the budget only heightens the importance. If in doubt, call us.

Beware the Christmas bash

‘tis nearly the season to be jolly, and therefore, as your friendly neighbourhood HR advisers we need to begin our warnings about the dreaded office Christmas party. Here’s an interesting one concerning vicarious liability – that’s when a company is held responsible for the actions of other people.

In a recent Court of Appeal judgement, a company has been found vicariously liable for its managing director punching an employee at an after-party which followed their main Christmas bash. The assault resulted in brain damage and happened after a dispute about the terms given to a new employee.

The ruling is of interest because technically the incident did not occur at the company event. However, because of the seniority of the staff member, the fact he was asserting his authority, and that the company had paid for alcohol and the taxis to the after-party, there was a strong enough link for vicarious liability. Do plan your party carefully and remind all those attending of expected standards of behaviour.

How to Hygge at work

Cold winds, short days and rain… lots of rain. If our abrupt transition into Autumn has got you or your team feeling glum, you need a bit of Hygge (pronounced hoo-gah) in your workplace. Fresh from Denmark, it is the latest Scandinavian craze to sweep our shores. While there is no exact translation, it broadly means feeling cosy through your experiences.

So rather than merely turning the radiators up to 11, it is about creating warming interactions with your colleagues. It could be bringing cupcakes into the office to share impromptu, taking an extra coffee break and chatting about something other than work, or structuring tasks so that they are teamwork-based.

It’s certainly more charming than Kalsarikänni, anglicised to Päntsdrunk – a Finnish lifestyle trend to cope with the harsh weather which involves drinking at home alone in your underwear!

Landmark whistle-blowing case

In the classic MR James ghost story Oh, whistle, and l’ll come to you, my lad, a university professor is hounded by a spectre after discovering a relic whistle from a bygone age and blowing on it. He’s eventually set free from his haunting by the intervention of a retired colonel.

There can be similarly troubling consequences for employees who blow the metaphorical whistle when they uncover malpractice in their workplace. But instead of kindly colonels, there are robust laws in place to protect the employees. And the judgement in a recent court case has added further weight to these whistle-blowing laws.

The CEO of an oil company was first excluded from decision-making processes, and then dismissed, after raising concerns about the award of contracts in Africa and corporate governance. No notice period was given, the reason provided was that the firm only had a very small HR department and therefore couldn’t follow proper procedures. Ahem!

The employee won his original tribunal, the employment appeal tribunal and then the case at the Court of Appeal. What is most striking however is the size of the award – about £2 million – which was revised upwards during the appeals. And particularly that two individual directors were held personally liable in addition to the company.

It’s vital to be aware of whistle-blowing laws and identify whistle-blowing complaints at an early stage so that you can handle them appropriately. To do this properly you’ll need to train managers and staff. If you would like professional advice to understand the frameworks you need, training or help on an actual case, contact your local HR Dept adviser.

The problem with productivity

It is not news that the UK suffers from low productivity – we are said to lag competitor nations such as Germany, France and the USA by one third. And worryingly, it is a problem that is getting worse. So what is to be done?

The Institute of Directors has recently published a major new report into the issue for SMEs (you can find it online). In it they make a list of recommendations. Many of these are directed at central government, but some can be considered directly by SME owners and managers. Encouraging knowledge transfer between higher education institutions and small businesses is one. And creating a culture of technological leadership within SMEs is another. If you are seeking to raise productivity yourself, these may provide a practical starting point for you to explore for your own business.

Sticks and stones

You might consider it’d be an open and shut case of harassment and discrimination at an employment tribunal: An overweight employee with type-1 diabetes and Traveller Community heritage dismissed after repeatedly being called names such as “fat ginger pikey” and “salad-dodger”.

But, in fact, the company won its cases at the employment tribunal and on appeal. Key factors in their favour were that the employee used coarse language at work himself and showed no umbrage at the time of being insulted. Also, that other colleagues left the company at the same time following poor performance, which was the company’s reason for his dismissal.

When health & safety and equality law collide

In 2011, the default retirement age was abolished, meaning that companies could not automatically retire workers on age grounds at 65. Some people will welcome the opportunity to retire, but nowadays many workers will need or want to continue working.

Physical and mental health is strongly correlated to age, so this poses a problem for organisations. With no default retirement age, how do you monitor whether people have the physical ability or mental faculty to carry out their work?

This is especially risky when the job in question involves driving.

When a 77-year-old bus driver drove into the side of a supermarket in 2015, it resulted in the death of a pedestrian and a seven-year-old boy. The driver was diagnosed with dementia after the collision, and was found medically unfit to stand trial.

He had been previously warned about his “erratic” driving following four road accidents in the three years leading up to the 2015 collision. The bus company who hired the man pleaded guilty to health and safety law breaches.

The Driver and Vehicle Licensing Agency says there is no evidence to suggest that older drivers are more likely to cause a serious accident than anyone else, and statistics actually show that the opposite is true.

Employers have a responsibility to look into cases where an employee has a health condition that could be affecting their ability to drive safely.

This is especially important when it comes to older drivers, since age is associated with a higher risk of certain diseases and health conditions. While motorists over the age of 70 are required to answer written questions about medical conditions and eyesight every three years, they are not required to submit any proof.

Relying on self-reporting in this way can be risky – and sometimes devastating. As was the case with the 77-year-old bus driver, where he, his employer and doctor were all unaware of his health condition leading up to the collision.

If management failures are identified as a significant factor contributing to a fatal accident, companies can be at risk of being prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007.

This is why employers must take responsibility to ensure they are aware of a driver’s health conditions and properly manage them, irrespective of age. Health and safety law applies to work activities on the road in the same way as it does to all work activities in the office. And employers must manage the risks associated with drivers as part of their health and safety arrangements.

Cagey behaviour

It’s one thing to understand the health and safety risks within your workplace, and another to come up with the appropriate solutions for managing them.

Many employers welcome robotics in the workplace. They can improve efficiency and quality whilst lowering costs. But as sometimes complex and powerful pieces of machinery they may pose a risk to human workers. What to do?

What NOT to do is cage your workers for their own protection. Amusingly, the online retail giant Amazon appeared to be mooting this. In 2016 they filed a patent depicting an enclosed cage that was intended to carry employees around its warehouses to protect them from robots whizzing around.

The company described it as a “system and method for transporting personnel within an active workplace”. It must be stressed that this solution was never greenlighted by Amazon. When the patent came to public attention, a spokesperson said it had been a bad idea.

In case you were wondering, there are tight health and safety restrictions around using cages in the workplace. But what this example shows us is the broad consideration that needs to go into complex health and safety solutions. Of course, the solutions need to be fit for purpose. But you need to understand how it will impact your team, your operations, and, yes, sometimes your public image.

If you need help making sure your ideas are H&S approved, and also won’t lead to a PR disaster, give the experts at The H&S Dept a call.

Whistle-blowers

Whistle-blowing can uncover serious malpractice, and it’s important employees feel safe and confident in their ability to do so. There are laws to protect whistle-blowers, but these are not always adhered to.

A national newspaper recently reported that whistle-blowers were sacked, threatened with violence and blocked from taking other jobs after attempting to shed light on life-threatening health and safety malpractice in the construction industry.

Three whistle-blowers from separate insulation companies said they’d witnessed attempts to cut costs by deliberately and consistently manufacturing products that fell below certified safety standards. This included one man who reported his employer manufacturing cheap insulation – not related to Grenfell – that would “go up like petrol and explode and burst into flames” when a match was put close to it. The man was fired, and found it impossible to get another job in the same industry.

Whistle-blowing laws include raising health and safety concerns. If an employee goes through the correct channels to report health and safety concerns they must be taken seriously and treated fairly. An employment tribunal will automatically deem a dismissal unfair if it is strongly related to a case of whistle-blowing.

Health and Safety Myth Busters

In this feature, we look at some unpopular organisational policies that have been wrongly attributed to health and safety. They often give H&S a bad name, and the Health and Safety Executive loves to challenge them.

Bus drivers under 18 stone

There are, for obvious reasons, some restrictions when it comes to hiring bus drivers. They need to have good vision, for one thing, and they should be pretty adept drivers, to say the least.

But they certainly don’t need to weigh in at under 18 stone, contrary to what one job advert stated. A bus company is alleged to have stipulated in a job ad that, due to new health and safety rules, all new bus driver recruits must be under 18 stone in weight. There are no rules, however, that place any weight limits on people driving buses.

Supermarket bike ban

Fold-up bikes are loved by many commuters for being easy to take on and off public transport, and folding away nice and neatly into offices and homes. But one fold-up bike owner was told they couldn’t bring their compact commuter companion into the supermarket. Needless to say, the would-be customer was confused, especially since pushchairs and suitcases are allowed in supermarkets.

Whether this was a company-wide policy or one person’s agenda against fold-up bikes is unclear, but it certainly isn’t a health and safety issue. Thankfully, the supermarket in question later retracted their ban. Fold-up bikes are small, compact and lightweight – they’re built to not cause any restrictions, and it would be very difficult to make one a fire hazard.

If you are ever unsure about where health and safety begins and ends in your business, be sure to speak to one of the experts at The H&S Dept.

Alton Towers pay-out

It should never be forgotten that the purpose of health and safety law is to protect people from harm. Minor or serious injury, long-term health conditions and death can all be consequences of health and safety failings. Very recently, we have seen a number of fatal incidents involving food labelling. But one of the most high-profile examples of harm in the UK in recent years was the Alton Towers rollercoaster crash.

In 2015 a string of oversights led to a crash on Alton Tower’s Smiler rollercoaster. It left 16 people hurt, five of whom suffered life-changing injuries. Two teenage girls required leg amputations.

The accident occurred when two trains stalled on different sections of the ride. Engineers assumed the computer wasn’t working, and they overrode the stop, sending another train out, which crashed into an empty carriage.

As well as the terrible injuries, the financial implications for the business have been huge. Following an investigation, the Health and Safety Executive secured a £5m fine against the owners of Alton Towers for “catastrophic failure to assess risk”. This was reduced from the £7.5m it would have been if the case had gone to court. However, the owners pleaded guilty. There will also likely be multi-million pound compensation pay-outs.

And of course, this was a major PR disaster for Alton Towers, as visitor numbers to the park plunged in the aftermath.

This case shows just how seriously catastrophic injury at work and in public is taken, particularly when it’s the fault of an employer. It should serve as a reminder to business owners how carefully we should all be when the public puts their wellbeing and safety in our hands.

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.

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.

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!

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.

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.

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.

GDP(H)R

It’s almost here. Not the fabled English summer, but the equally fabled GDPR. As you probably know, that’s the new General Data Protection Regulation. It comes into force on 25 May.

It’s something to take seriously as has been demonstrated by the flurry of opt-in emails that we have all been receiving in our inboxes. They relate to marketing, but GDPR is far broader. It includes the employee data you handle.

Think about it from recruitment to termination of employment; you’ll have contact details, bank info, NI numbers, possibly medical information, performance records and if applicable a disciplinary and grievance history. That is all highly sensitive stuff.

You’ll need to inform individuals how you intend to use and store this information. And for some things this will require explicit consent. You’ll also need to train all employees in GDPR compliance – as they say, any system is only as strong as its weakest link. The penalties for non-compliance are ferocious.

Retained HR Dept clients needn’t worry about gaining GDPR-compliant consent from employees. We’ve made the necessary changes to your HR documentation. So you’ll have what you need to implement that.

There’ll be further actions you need to take as part of your wider GDPR compliance though.

You should audit all the data that you currently hold. Be thorough and honest with yourself… that box of old files in the warehouse still counts! GDPR covers all electronic and paper records where an individual can be identified.

Now you can create an audit trail of personal data and identify more sensitive information. If you do not use it already, My HR Toolkit is a fantastic software solution for handling employee data.

Once your data is audited and you have new systems in place, don’t forget to train up your staff. We can help with staff training too. To find out more about this, or My HR Toolkit, give us a call.

So now you’re well on your way to compliance, you can sit back and watch out for the next instalment of GDPR… which will probably be “Who’s the first test case?”. You know it won’t be you!

Asthma and hay fever in the workplace

A worker at the Department of Work and Pensions was recently awarded £26,000 following unfair treatment from his bosses after suffering an asthma attack.

He’d been forced into an unsuitable role, given a written warning for taking sick leave and pressurised into moving offices.

Asthma is a serious, occasionally fatal, condition; sometimes classified as a disability. An employee doesn’t have to inform you that they suffer from it. But it would be hoped they’d want to, and that you could work together to ensure they have the right environment in which to work. This may include identifying triggers such as dust and mitigating them, ensuring first aiders are aware and handling sickness absence correctly.

It would also be good to have hay fever on your radar at this time of year. It’s less serious, but still no fun. Sufferers are sure to appreciate a boss who’s sympathetic to the condition.

Too scared to use the loo!

They say all publicity is good publicity, but that most definitely doesn’t extend to press accounts of banning your staff from taking loo breaks. You couldn’t do this directly, but by creating a culture of fear with strict policies regarding breaks and other informal downtime, it may happen indirectly. It was reported in the national press that the like occurred at an Amazon warehouse in Staffordshire, with a “toilet bottle” being implemented (Amazon don’t recognise the accusation).

They’re not the only high-profile employers accused of regressing to Victorian-era HR. Firms which have been caught up in such practices have been panned. If your policies aren’t fit for purpose and risk making headlines for the wrong reasons, talk to us about getting them right. We can help you with a PR crisis communications service too!

Work and weddings

The wedding season is now upon us, with the Royal wedding just around the corner! For at least the last year the Bride to be has been busily planning venues, searching for the perfect florist, band and wedding dress. But how much of their time is spent browsing online or discussing details with their colleagues during work hours? A clear policy for online activities should be seen, understood and agreed by employees. Banning wedding discussions all together may dampen the office atmosphere, so why not add an extra ten minutes on to your weekly team meeting dedicated to a wedding catch up.

Then the Best Man, Maid of Honour and Chief Bridesmaid are organising the stag and hen weekend to which an email lands in your employee’s inbox and half the team are invited.

They all leave on a Friday and with a bit of luck stagger in on Monday rather the worse for wear and that’s before the wedding. How does the business manage multiple requests for this time off? What about the one employee that got left in Dublin last seen singing ‘The Final Countdown’? Then you may be thrown with the bride and/or groom requesting two weeks or more off for their beloved honeymoon.

Managing these holiday requests whilst ensuring your business has adequate staff cover is enough to make you want to take a holiday yourself! The running of your business is your priority, so if an employee wedding may be on the horizon, a discussion of your requirements before all the party planning gets started could save you from a HR headache.

Don’t get a shock from PILON

Payment in lieu of notice (PILON) rules have changed. Once payable free from income tax and National Insurance where it was not specified in the contract, PILON will now attract these charges.

Since 6 April if an employee leaves without working their full notice period, you’ll have to process the termination payment under these new rules. We would advise you check that your payroll software has been updated.

In fact, this is just one of a series of hidden traps within changes to termination payments. You should also be aware that injury to feelings payments are now subject to income tax (subject to the £30,000 threshold) unless they relate to a disability.

The government also signalled an intent to make employer National Insurance payments payable on the excess of termination payments above £30,000. This has been postponed until April 2019.

Snooping bosses!

The judgement from a recent employment tribunal serves as a reminder that it’s best to leave covert surveillance to the cops in Hollywood movies.

A credit controller was awarded £4,414 for being unfairly dismissed following leave taken while her father battled terminal cancer. Colleagues had accused her of partying during this time, and a director’s response was to scour the employee’s social media posts and even keep watch on her home.

It’s rare that such an approach will be justified, so if you have a situation where this crosses your mind, speak to us for professional advice.

How much damage can a workstation do?

Dangerous places, offices are. Sure, perhaps not as dangerous as working with heavy machinery or at height. But a computer workstation can cause more than its fair share of problems, if not set up correctly.

Let’s consider the desk surface. A bad set-up can lead to back and neck pain and also contact stress on the arms. The top of the desk should be at an appropriate height for the user (adjustable height desks are becoming more common). Computer monitors should be placed at head height and about 50cm from the eyes. These will help to avoid strain on both the eyes and neck.

The desk should provide enough space to accessibly house all equipment which the user frequently uses. Having to stretch repeatedly to reach stationery, or twist into unnatural positions is bad for posture.

It’s best to have desks with rounded edges. These help the circulation when arms rest on them – compared to angled edges – helping to prevent tingling and soreness in the fingers. If your desks have sharper edges, you could consider overlaying a softer material like foam.

And what about under the desk? In a busy office, it’s tempting to pile boxes or files under desks, but this isn’t advisable. Such obstructions can force the worker too far away from the desk top, or restrict leg movement – both of which can cause back and neck problems.

Who’d have thought there was so much to consider with the humble desk! But normally a little care and attention can render them harmless, and help you keep a healthy, productive workforce.

Good health and safety is great for your business

When people talk about health and safety, it’s often with just legal compliance in mind, and preventing people (and equipment) coming to harm – reactive policies to stop bad things happening. But what about the positives that a proactive health and safety policy brings to your business?

Being seen to take health and safety seriously by your staff brings you significant benefits. First, there is the cultural impact. You create a culture in which you clearly care about your employees, and an environment in which they can carry out their work effectively. This professional approach will play its part in recruiting and retaining high calibre workers.

Good health and safety will also help you operate more efficiently. According to the HSE, 31.2 million working days were lost last year due to work-related illness and injury. Reduce the lost days in your business and think of the management time saved and the avoided costs of covering for absent workers.

So investing a little in health and safety can deliver valuable returns through more effective employees and reduced absences. And that’s before you even consider savings in legal costs and compensation when things go badly wrong.

April Showers

 April is a month notorious for its changeable weather, and in particular showery rain. This can pose extra risks for employees who work outside, and to the entrance areas of buildings.

For outside workers, the correct clothing and equipment for rain are essential. Slips and falls become much more likely. So footwear with non-slip rubber and thick grooves in the soles are a must, particularly for people working at height. Other waterproof clothing is important but ensure that vision and hearing aren’t compromised. Hand tools should be suitable for outdoor use and have non-slip handles.

And for those lucky enough to be working indoors when the heavens open, there is still a heightened risk to manage. Main entrances to buildings can become extra slippery. So good quality entrance matting is advisable. If you do not have permanent matting up to the task, you could store reinforcement matting for especially wet days along with slip hazard signage.

Need help conducting a wet weather risk assessment? Call The Health and Safety Dept.

Health and Safety Myth Busters

It’s unfortunate but enduringly true that health and safety is a go-to excuse for managers and frontline staff when they introduce or enforce an unpopular policy. The HSE calls out such policies when they wrongly blame health and safety legislation. Here is our round-up of some of the latest myths they have dispelled.

Myth: Packed lunches banned from being eaten in the playground
With the weather turning warmer, nothing could be more pleasant than eating your lunch in the gentle sunshine. One school outlawed their children from eating their packed lunches alfresco, citing health and safety as the reason. However, government regulations do not touch upon this. Therefore, the decision was part of an internal management policy and should have been presented as such.

Myth: Providing empty tester perfume bottles
Most of us like to smell nice, and for many this means buying an expensive fragrance. Or if we’re lucky, being given one as a present. Some of us even like to collect empty tester perfume bottles, apparently. But one unfortunate enthusiast was prohibited by a store assistant from taking away such perfume bottles for, you’ve guessed it, health and safety reasons. Could it be that they were made of glass? Or were somehow unhygienic? Who knows? But in fact there is no legitimate health and safety reason why these empty glass bottles couldn’t be given away. It turns out that this was simply an internal waste and recycling policy.

Myth: Ban the safety pins
Do you have fond memories of your local swimming pool? Perhaps the changing rooms are not held so dear. Soggy floors, cramped cubicles, and those fiddly safety pins used to attach the locker key to your swimming costume. Thankfully, these safety pins are becoming a thing of the past as wristbands and clips are now preferred. One swimming pool blamed the demise of the safety pin on health and safety. Again, aside from general common sense, the HSE are not concerned with safety pins, so it was simply a commercial decision that there are better ways of attaching a key to your person when entering a swimming pool.

If you have a good reason for introducing a policy that is unpopular, then why not just use it to explain the policy? If there is no good reason, then perhaps you should change the policy. But don’t blame it on “health and safety”.

2017 sees huge rise in health and safety enforcement fines

When the Health and Safety Executive (HSE) published its enforcement figures for 2017, they showed huge rises in fines. They were up 74% on the previous year to about £61 million. Significant custodial sentences were handed out, too. This follows the introduction in 2016 of harsher sentencing guidelines and penalties.

There were some stand-out cases. These included a £2.2 million fine for Wilko when a 20-year-old female worker was crushed under a cage full of paint tins and paralysed. Kentucky Fried Chicken was fined just under £1 million following two employees being severely burned. And Aldi was fined £1 million after a new employee damaged his foot while operating an electric pallet truck without the proper training.

Lengthy jail sentences were handed out to the directors of more than one company following the deaths of employees falling from height.

That should be more than enough to make business owners sit up and take notice. And it is not just the punishments meted out by the HSE which business owners should be concerned about.

Depending on the nature of the accident, there could be further financial cost from repairing damage to machinery and equipment, lost revenue if operations are shut down for any length of time, and the time and money spent in preparing for the court proceedings.

Then there’s the human cost to consider. There will often be physical or mental damage to the immediate victim. But bad feeling could permeate throughout your workforce if it is perceived that you do not take workers’ welfare seriously. This could lead to recruitment and retention problems.

Appropriate risk assessments are at the heart of good health and safety policy. These include learning from near misses at your own organisation, and from the mistakes of others. To ensure you are handling health and safety correctly, get in touch with The Health and Safety Dept for an initial consultation.

A call to ban trial by unpaid labour

Trials by water or fire were outlawed centuries ago, but there is one type of potentially unfair trial that is currently not illegal – and what’s more, it is on the rise. We are talking about unpaid trial work shifts. These see job candidates come in and work for free for a period to demonstrate they have the right skillset to do the job.

Used fairly and as part of a recruitment process; short, relevant unpaid trials can be effective. They can even work as a two-way process, with the applicant seeing if they like the work and the employer seeing if they are suited to it. However, where businesses insist on full day unpaid trials, a sensible approach to recruitment degenerates into exploitation and free labour. It is a particular problem among organisations in the hospitality sector such as bars and cafes, and it is a growing trend.

Real examples of bad practice in this area include forcing new employees to undertake 40 hours of unpaid training or using unpaid trial staff to cover holiday or sickness absences of regular staff. There is a clear unfairness in such practices, and in the case of absence cover, the business is actually commercially gaining from it at the candidate’s expense. In light of this, a group of MPs have supported a private member’s bill that prohibits such unpaid trial shifts.

The bill would require employers to pay at least the National Minimum Wage and to structure the trial so that a job description is provided as well as a list of the qualities they are looking for. Key information, like how many roles are available and feedback to unsuccessful applicants, would also have to be given. Unfortunately this bill has now been dropped, but no doubt will be raised again.

Time will tell whether the bill becomes law, but much of what is included in it is what we would describe as part of a fair approach to recruitment. For advice in structuring your recruitment processes fairly and effectively to help your business fly, speak to The HR Dept.

 Childcare vouchers extended by six months

For many businesses, childcare vouchers have been an important employee benefit. If you offer them, you will probably be aware that the scheme was due to be closed to new applicants this April.

However, following a parliamentary intervention by Labour and then a DUP MP, the government has reluctantly extended childcare voucher registration until October.

A replacement tax-free childcare scheme has been running in parallel since April 2017. It works differently – some parents would be better off under the new scheme whilst others gain more from childcare vouchers.

If you offer childcare vouchers and have employees who may be eligible but have not signed up, now would be a good time to publicise the scheme. As long as your employees are registered before October 2018, they can continue using childcare vouchers as long as you offer them. But after that date, only the newer tax-free childcare scheme will be available.

The danger of wearing high heels at work

Having high standards is one thing, expecting your employees to totter around in high heels is something entirely different. It’s an issue that hit the headlines last year when a receptionist was sent home from work for not wearing heels.

After challenging the decision, an inquiry threw the spotlight on the unfair demands placed on some women at work. Although there is protection against sex discrimination, no men we know have been asked to wear heels, many still feel pressure to look a certain way – with 76% unsure what’s appropriate.

But it’s not just about looks. Asking your employees to wear heels may have serious health implications. It alters the centre of gravity, putting pressure on the spine, heart and lungs – probably not something you want to be responsible for! For advice on dress codes, talk to The HR Dept.

New case law: How to calculate part-time holiday leave

In an important decision in the Employment Appeal Tribunal (Brazel v The Harpur Trust), a judge has clarified how a part-time teacher’s holiday pay should be calculated.

Mrs Brazel, a part-time music teacher, worked at a school in term time on a zero-hour contract, and her hours fluctuated weekly. She had a contractual right to 5.6 weeks’ paid holiday, mirroring her statutory right.

The school calculated her holiday pay using the Acas guidance for casual workers. This is pro rata to the proportion of the year worked. For her, the calculation was:

5.6 weeks (statutory holiday entitlement) / 46.4 weeks (number of working weeks per year) = 12.07%.

So 12.07% of her total pay.

However, on a working ‘year’ of 32-35 weeks, this approach disadvantaged her. She had less holiday pay than she would have been entitled to if the school had calculated her holiday pay in line with the Working Time Regulation. This looks at the normal rate of pay averaged over the 12 weeks prior to holiday being taken. In this instance, the school were required to take a 12 week average of pay from weeks actually worked, ignoring out-of-term weeks.

The appropriate calculation is therefore:

46.4 (number of working weeks per year) / 32 (number of working weeks per school year) x 12.07% = 17.5%

This case highlights how holiday pay for these types of workers should be calculated. Use a percentage of the average hours they have worked in the preceding 12 weeks immediately before the payment is made.

Japanese woman “guilty” of ignoring pregnancy timetable

We all like to be organised, but one company, a childcare centre in Japan, could be accused of taking it a bit far.

Their director worked out a schedule showing when female workers could marry and when they might have children, depending on their seniority in the company. But it seems one employee forgot to check the schedule before finding herself with child!

The worker who got pregnant “before her turn” was reprimanded by the director and labelled “selfish”. Her stunned husband wrote to one of Japan’s leading newspapers highlighting their plight, and was met with overwhelming support.

Although this is an extreme that would never happen in this country, illegal maternity discrimination is still all too common. If you need advice on how best to support your pregnant employees, that’s where The HR Dept can help.

Tribunals up 90%

Following last summer’s Supreme Court ruling to abolish tribunal fees, the number of employment court cases has virtually doubled. The work load for Acas advisors has increased so much that their union said they had “major concerns” about issues facing Acas, claiming the service was “severely under-resourced” with the increase in calls and talks are being held to avoid strike action.

Now that there’s no financial barrier to being taken to court, it makes the complexities of employment law a heightened business risk, particularly for SMEs where one successful claim could bankrupt you.

The HR Dept offer an insured advice line which gives you unlimited telephone and email access to an HR expert. You’ll also be fully insured against tribunal claims as long as you follow our advice. Call us to find out more.

Avoid HMRC fines for minimum wage breach

Recently, 179 employers were fined by HMRC for breaching minimum wage legislation. They were also named and shamed. Fines totalling £1.3 million were levied, in addition to back pay awards of £1.1 million. And let’s not forget the cost of reputational damage.

It is not a situation you want to find yourself in. But could you inadvertently be in breach of the minimum wage laws? Even large companies – Wagamama’s and TGI Fridays – were caught out in this latest purge. And it is no coincidence that many of the companies were restaurants, catering venues or hair and beauty salons where staff are often on minimum wage.

Typically these types of establishments have a dress code, for example requiring staff to wear black trousers, white top and black shoes. The sort of clothes all of us have in our wardrobe. But for HMRC this is a uniform and should be bought by the company.

The HMRC definition of a uniform is any specific clothing that you stipulate employees must wear. So the cost of those clothes is deducted from the minimum wage payment and low and behold they have breached the regulations.

They not only have to pay the back pay to the employee but HMRC will fine them 200% of the total amount owed to staff.

Understanding your pay period is an important aspect of getting this right. Whether you pay your employees monthly or weekly could make all the difference as to whether uniform costs take staff below the minimum wage. The solution is simple if this affects you. You either need to provide the uniform yourself or pay a reimbursement for the cost of the specific clothing.

Everyone reading this will know one place where the staff wear a uniform. We are sure if you tell them about this they will be very grateful and you may even find a few extra chips on your plate. Or better still, point them towards The HR Dept so we can help them avoid all the employment pitfalls.

Should women disclose pregnancy at an interview?

In a recent YouGov survey, six out of ten small to medium sized business owners believed women should disclose whether they are pregnant during the recruitment process. And 41% said that pregnant employees put an unnecessary burden on the workplace.

Any manager tempted to act out these views, would be seriously advised not to. It is illegal and you can be taken to a tribunal even if the recruitment process went no further. If the judge finds against you, and they take a dim view of any form of discrimination, the best case scenario is likely to be paying an award for injury to feelings.

If the tribunal decides that were it not for discrimination, the candidate would have got the job, it could get much more expensive. Compensation may have to be paid for the financial loss of the person not getting the job.

But let’s not dwell on those penalties. What about the benefits of having a progressive, family-friendly attitude to business? Acting in accordance with the law and supporting a woman through pregnancy is likely to leave you with a good will dividend that may prove very valuable over time. Think of the loyalty and commitment to your company, as well as the experience retained.

One good practice to consider in this area is to advertise roles as being flexible, including part time or as job shares. There are many talented people either with families or thinking of starting one, and this can be an excellent way to recruit from this pool of high quality staff.

40 winks

The Working Time Regulations 1998 state that all staff working for more than six hours must have a 20 minute break away from the workstation (four hours for under 18s). But Public Health England are going a step further, saying that sleep and recovery should be embedded into an organisation’s culture.

They explain that after just a short period of reduced sleep, people are less productive at work and more likely to succumb to infection. Brain function also deteriorates increasing the risk of accidents.

But by providing a quiet space where staff are able to rest, you can reduce stress and improve sleep patterns in them.

Lower absence rates and fewer accidents looks like a winning combination to us. So if you want to review working patterns, do talk to The HR Dept.

Payroll changes ahead!

April is the big time for payroll changes. On 6 April, new Living Wage and National Minimum Wage rates kick in. See the latest rates in The Indicator, just below this article.

A detail that does sometimes get forgotten regards apprentices: if 19 or older, they’re entitled to the age-appropriate minimum wage after their first year of apprenticeship.

Employers also need to be mindful of employees’ birthdays. Higher wage rates become an entitlement immediately following a birthday that takes them into the next bracket. Fortunately our Toolkit personnel system can remind you of all such important dates.

Another change this 6 April affects termination payments. HMRC are ironing out a quirk that allowed pay in lieu of notice to be tax free if it wasn’t a contractual provision. Now, this will be subject to tax and National Insurance. We await HMRC guidance on post-employment notice pay (PENP) as to whether this also includes bonus and commission payments.

Equal pay claims soar

Some of the UK’s largest supermarkets are facing supersized equal pay claims. Morrisons is the latest to be targeted. The crux of the claim relates to whether jobs are of comparable value to a company, rather than how much the individual tasks of roles differ.

In this case, warehouse staff (mainly men) have been paid approximately £2 per hour more than shop floor staff – who are mainly women. If the two roles are deemed to be of equal value, it is irrelevant, for instance, if one involves heavy lifting whilst the other is customer service. They should be paid the same.

It shows the level of care that needs to be taken when working out remuneration structures. Taking expert advice is the best way of ensuring you don’t inadvertently breach equal pay laws.

What would you do?

When it was announced that Ant McPartlin had been arrested for drink driving, most of us felt sympathy for this popular North East legend and hoped he could get his life back on track.

But what if he was an employee coming into work today? How would you react?

Would your decision to support be based on the employee’s likeability, or would you manage to be objective?

There really are no easy answers, but consistency in your approach to managing staff is essential. This is where our Advice Line clients find talking through difficult situations with an HR Dept adviser really helps.

Also, if there is reputational damage our Crisis Communication team can be there to help manage any press interest.

Women in top roles delivering above-average financial performance

International Women’s Day takes place on 8^th March 2018. This year’s marks 100 years since women won the right to vote in the UK.  This might seem like progress, but there’s still so much more to be done. There are more FTSE bosses called Steve or Stephen than there are female CEOs. And more Davids too!

UK firms are well above the global average when it comes to women taking the top tier positions, with around 15% of executive roles held by women and the number of women on FTSE boards has soared over recent years due to government and shareholder pressure to boost diversity.

From April this year, all UK companies with 250 staff or more will be required to publish the gap between what they pay men and what they pay women. This will certainly provide data to further highlight the gender pay gap. It is to be hoped that the shame of what is revealed will speed up the closing of this gap – on current trends gender pay parity is 200 years away.

Some critics of this policy have argued that gender pay reporting could reduce family-friendly policies and attitudes of bigger employers to enforce gender equality, although it’s just common sense to pay people the same wage for the same job as well as supporting people through their career as they start a family.

Britain’s most successful companies have women at the top with the most gender diverse companies being 20% more likely to have above average financial performance compared to those with a less diverse workforce.

And what about smaller businesses? There is a significant gender pay gap at this level, too. How gender diverse is your business? Many businesses will benefit from seeking advice on how to implement processes that encourage equality and reduce bias. For example, one positive step would be to create wage bands that are applied equally across the genders.

Finance manager who faked terminal cancer is convicted of fraud

Derby Crown Court recently heard the case of a finance manager who faked a terminal illness and stole £17,000 from her employer. The employee made nine fraudulent transactions including stealing £1,000 within the first three days of starting her new role.

Her fraudulent behaviour was uncovered whilst she was off work to deal with her alleged cancer. It transpired that this finance manager had two previous fraud convictions, in 2012 and 2015.

For her latest crime, she was sentenced to 20 months in jail.

As is typical in such cases, her employer needed to dedicate a great deal of time and money investigating what had happened, and in getting their accounts back in order.

A useful tool for understanding and managing the risk of employee fraud is The Fraud Triangle. It is a framework designed to explain the factors at play when an employee commits fraud. The triangle is made up of, first, motivation: greed is the most common motivation, followed by debts and gambling. Opportunity is the second point of the triangle and examples may include weak internal controls, no training and no checking of references. Rationalisation is the third point – for instance the employee feels that the company is too big to notice, or deserves to be punished, or that the employee has “earned it”.

Understanding this model highlights the importance of due diligence and stringent recruitment processes as well as the need for robust internal controls.

Why staff shouldn’t bring their own computers to work

A bring your own device (BYOD) IT policy is often seen as the trendy way to work. But whilst you may think it will slash your IT spend and let employees revel in the latest gadgets, there’s increasing push-back against this practice.

According to a survey by Damavo UK, many IT directors feel that BYOD is not cost-effective. The company can end up forking out extra for individual costs such as data plans, and employees tend to use the IT department as a first line of support even if they’re not meant to.

There could be cultural issues too, with disparity between the kit that employees can afford.

Perhaps most importantly, it presents data security risks, with it being harder to provide standardised security measures and to enforce robust IT policies.

Jobbledygook– Some of recruiters’ weirdest job titles

Wily job recruiters are forever thinking of ways to stand out and make their job listings more appealing. A current fashion is to come up with the weirdest titles possible for job roles. A practice known as ‘jobbledygook’.

A few of our favourite job listings include, Five-a-Day Collection Operative (Fruit Picker) and Transparency Enhancement Facilitator (Window Cleaner).

Whilst these may provide some passing amusement, job seekers can find it difficult to understand what the role actually entails. This means that businesses which use such recruitment techniques are running the risk of losing potentially high quality candidates.

Smart employers are investing in staff commutes

While it isn’t news that long commutes have a big impact on health and productivity, one survey has quantified the productivity hit.

A study developed by VitalityHealth found that those who commuted to work in less than half an hour gained an additional seven days’ worth of productivity each year, compared to those with a commute of an hour or more.

Some smart employers are recognising the benefits of mitigating the commutes of their staff. These include reducing lateness and absenteeism, cutting error rates and lowering staff turnover.

Initiatives that might ease the commute for everyone’s benefit could be to offer the option of commuting outside of rush hour, a cycle to work scheme, or even flexible working.

The worst excuses employees use when calling in sick

It’s amazing what excuses some employees use when calling in sick. Some real examples that are unlikely to have been heard with a sympathetic ear include a fish being sick and the dog eating the employee’s shoes (the adult equivalent of the dog eating your homework).

One employee even called in saying his dog had had a fright and he didn’t want to leave him.

The first rule of managing absence is having clear policies.

Welcome to the Health & Safety Dept

Welcome to the first edition of our newsletter under our new Health & Safety Dept brand.

As part of the HR Dept’s commitment to you to be a one stop shop for everything to do with employment, we have developed the H & S Dept, to protect and support your business with all Health & Safety matters.

So, what services will we offer?

We can provide you with pragmatic and cost-effective solutions to all health & safety issues to ensure your legal compliance. These solutions include our advice line and legal expenses insurance, Toolbox Talks, COSHH compliance advice, safe systems of work, an online H&S compliance system, fire risk assessments, on-site audits, training, accident investigations, health & safety policy, risk assessments and more.

As qualified professionals in our field, we pride ourselves on our high-quality service and down-to-earth approach. Ultimately, we work with you to provide practical and cost-effective solutions to real issues that impact on your business.

We hope you enjoy this quarterly newsletter in which we will be sharing seasonal health & safety tips, bring you news of high profile health & safety court cases, and dispel health & safety myths. It will also be complemented by a regular blog.

If you would like guidance on any of your health & safety policies or have any questions, pick up the phone to The Health & Safety Dept – we’re here to help!

Latest HSE figures published

The HSE (Health & Safety Executive) recently released their annual report on health & safety statistics for Great Britain. Here we take a look at some of the headline figures of work-related injuries and incidents.

According to the latest figures, there were 1.3 million work-related ill health cases and 0.5 million cases of work-related stress, depression or anxiety. And whilst there were over 70,000 non-fatal injuries to employees, there were also sadly 137 cases of deadly injuries in 2016/2017.

The impacts of such incidents and cases of ill health are felt far and wide, not least by employers. The HSE estimates that 31.2 million working days were lost due to ill health and non-fatal workplace injuries. So aside from the human cost, there is a huge financial impact on corporate Britain. This can often be felt hardest by small and medium-sized businesses.

These figures hammer home the message that it really pays to take health & safety seriously and mitigate the risks to your workforce. If you need help writing your health & safety policy, or modifying or updating your existing one, contact The Health & Safety Dept for advice.

Health and Safety Myth Busters

Health & safety has a mixed reputation. And whilst some may think it focuses overzealously on irrelevant policies, sometimes it is incorrectly used as an excuse by employers to introduce unpopular rules.

Myth: Hot drinks and food are banned
Many of us need a coffee (or seven) when we first get into the office in the morning. Yet one employer banned the presence of a kettle or microwave in the workplace – again, no health & safety policy forbids the use of these, let’s face it, rather essential office appliances. There is no ban from HSE on these in the workplace, and hopefully never will be. This shows that it was clearly a commercial decision dressed up as a health & safety issue to prevent the employer receiving the blame.

Myth: Flip-flops are against the law
Some companies state that flip-flops are not allowed in the workplace because of rules that are out of their hands. Whilst slips, trips and falls do account for 30% of all workplace incidents, there is no health & safety rule imposed in place to prevent this sort of footwear being worn in an office. Any company doing so is imposing this rule at their own discretion rather than it being a legal requirement – although such a rule might well apply in jobs that require safety apparel, such as in construction.

When it comes down to it, if you would like to ban something in the workplace, it’s best to be up front with it rather than blame it on health & safety. If trivial rules are blamed on health & safety, then the real health & safety rules won’t be taken seriously.

To get the balance right on health & safety, it’s good to check with a professional. Contact The Health & Safety Dept for advice.

Winter workplace health & safety

As the weather is still on the chilly side, it is important to make sure your employees are safe in the workplace and any risk of harm is controlled.

Whilst there is no maximum temperature, the Workplace (Health, Safety and Welfare) Regulations 1992 states there must be a minimum temperature of 16 degrees Celsius if your employees work inside.

If their work requires them to do much physical activity, 13 degrees Celsius is the minimum. You can make sure your heating system remains compliant by having it serviced or upgraded if it is not reaching the appropriate temperature.

If you have employees who drive for work, such as goods vehicle drivers, couriers, service engineers or other itinerant tradesmen, it is important to make sure the appropriate precautions are taken. Ensure their vehicle is properly serviced and equipped for the weather conditions and they have a road safety kit if they happen to break down. A risk assessment might also identify the need for an advanced winter driving course to ensure the drivers have all the skills and training they need to do their job safely.

Slips and falls can happen all year-round – and ice and snow boost the risk of these happening to employees. To help prevent such incidents occurring, you should prevent ice forming on walkways and paths by gritting them, and placing suitable entrance matting in doorways to your building so people can wipe their feet properly.

As an employer, you are responsible for controlling hazards that your employees and other people are exposed to in the workplace – and it is important to be extra careful at this time of year. For advice on ensuring you are not breaching health & safety regulations this winter, contact The Health & Safety Dept.

Risk assessments: Do you need one?

Risk assessments are required by law. All businesses with five or more employees, including the managing director, must ensure they have appropriately documented risk assessments in place – and it is the employer’s legal responsibility to have them.

A risk assessment is part of the risk management process. It identifies what hazards currently exist or may be foreseen in the workplace and how effective the precautions are. Risks need to be considered in all areas of the working environment – including potential hazards such as the use of electricity and fire, cleaning with chemical substances, maintenance work, working hours, shift patterns and stress, and any other factors that may be reasonably anticipated as a hazard.

Whether you are conducting a risk assessment for the first time or want to have your current one reviewed, we can help. For advice and guidance on this important legal requirement, contact The Health & Safety Dept.

When Cupid’s arrow strikes the workplace

February is just around the corner and this means that Valentine’s Day is fast approaching. Whilst this is generally considered to be a day of love and happiness, it can have a negative effect on your business. Only 12% of company managers have been provided with training on managing workplace romances, so let’s look at some of the issues.

Employees falling for each other isn’t rare – a study conducted by the Society for Human Resource Management (SHRM) found that 43% of HR staff have encountered workplace romances. SHRM also found that 99% of employers with policies on workplace romances state that romantic relationships between supervisors and their staff are not allowed. After all, the superior’s impartiality and authority will be compromised, and this can affect a team’s morale.  You certainly don’t want employees accusing a manager of weakness or favouritism – and this is if the relationship doesn’t turn sour with the problems that could bring!

As written about in so many classic novels, unrequited love is difficult to handle. If an employee ‘has the hots’ for a co-worker who does not feel the same, any pestering must be dealt with the moment the issue is raised. The last thing you want is a sexual harassment tribunal case on your hands.

Some of us enjoy a gossip from time to time, but unfortunately the relationships between co-workers can be prime subject matter. Ensure this doesn’t go too far and reduce productivity. Malicious gossip is very corrosive to team morale. It can also start cliques and bring other problematic issues. Therefore it is worth making sure this doesn’t get out of control.

Even if you don’t have an official policy in place and are seeing an office romance blossom, it may become necessary to remind the happy couple to remain professional whilst they are in work. And if you think it’s required and fits the culture of your business, you could draw up an office policy on romances.

Managing staff throughout the Six Nations 

The Six Nations is one of the most highly anticipated tournaments in the rugby world. And whilst many rugby fans will want to support their country this February and March, it’s important to ensure your business isn’t impacted by the matches.

If you think it will be an issue, remind employees in advance what standards are expected. Most matches will be played on weekends, so if you employ weekend staff, remind them not to come into work under the influence or hungover.

Some businesses choose to show matches in the workplace. This stops employees surreptitiously checking the score on their phone every few minutes. Another option would be to encourage flexible working – perhaps even a day’s holiday would be appropriate for avid fans.

If you want to make sure your absence planning and staff policies are up to scratch, or you want to sin bin someone for bad behaviour, contact The HR Dept.

Fit for Work service declared unfit for work

The UK government has announced that referrals and assessments under its Fit for Work scheme will come to an end in England and Wales in March 2018, and in Scotland in May 2018 due to a low take-up.

The scheme was designed to provide free occupational health, and support to employers on sickness absence. Provisions will be in place before the referral service ends and its helpline, website and online chat service will still be accessible.

Employment tribunals soar after abolition of fees

There has been a 66% rise in the overall number of employment tribunal claims in England and Wales in the three months after the mandatory claimant fees were abolished. The claims increased from 549 in July 2017 to 2,926 in August and 2,027 in September. The figures were published by the Courts Service.

Between the years 2013 and 2017, employees had to pay £1,200 to take their claims to an employment tribunal. But now that staff can take their employers to court for free, the number of cases of small businesses ending up in court are expected to continue to skyrocket – particularly for small claims relating to holiday pay and the deduction of wages.

Matthew Taylor author of the Taylor Review, a review of modern working practices, spoke at our recent HR Dept conference, stating “Small businesses don’t end up at tribunal because they’re evil people. They end up there because they don’t have any HR to guide them through complex employment law”.

Considering this trend and the reasons behind it, you’ll want to take proactive steps to ensure you don’t find yourself on the wrong end of an employment tribunal award. Our retained advice line is an invaluable service for SMEs to help ensure they keep on the right side of employment law. Better still, it is backed by our market-leading tribunal insurance which covers all legal costs and any award providing our advice is followed, giving you peace of mind.

For more information on our tribunal insurance and our advice line, pick up the phone and call The HR Dept today.

Pensions regulator stepping up prosecutions in store for HR?

The Pensions Regulator (TPR) has made their first successful prosecution for flouting auto-enrolment pension rules. The company, a bus services operator called Stotts Tours Oldham, had failed to provide a workplace pension for 36 of its employees.

Automatically enrolling staff into a pension scheme is now compulsory by law. If you fail to do so you can face an unlimited fine alongside two years in jail – not to mention also having to pay the pension contributions you should have been making previously.

Forgetting or wilfully refusing to auto enrol your employees is a criminal offence and, as this case highlights, will ultimately cost you. Our payroll, pensions and auto enrolment services help to make sure you are in line with the law and your employees are enrolled in their pension. Contact The HR Dept for more information.

Quirks of the 2018 holiday rota

The annual leave section in many employment contracts states ‘20 days plus statutory holidays’. This normally equates to 28 days – the legal minimum for full time employees.

However, if your company’s holiday year runs from April to April, they’ll only get 27 days due to where Easter falls in 2018. To remain legally compliant, you’ll need to give another day of leave.

Fancy another 2018 holiday rota curveball? Due to how the bank holidays align this May, some of your staff may try to use 14 days of leave to book 24 days off. Whilst you shouldn’t obstruct employees taking leave, do ensure you’re not understaffed if employees choose this.

Our electronic holiday and absence management system, MyHRToolkit, can help you keep on top of holiday – including the curveballs!

Are self-employed workers entitled to paid leave?

So often we hear companies say, “I have made them self-employed so I won’t have any problems”. But the outcome of a recent court case might make them eat their words. If you are in this boat, you may want to pick up the phone to us sharpish.

Mr King, a so-called self-employed commission-only salesperson, worked for The Sash Window Workshop for 13 years until he retired at the age of 65 in 2012. Over the years he had requested and taken holiday – but it was unpaid.

However, Mr King was unhappy at the way he had been treated by his ‘employer’. He went to a tribunal claiming that he was a worker and should be entitled to paid holiday. He further claimed that he would have taken more time off had he been aware of his entitlement to paid holiday. He also said that he was the victim of age discrimination, as there is no set retirement age for employed staff.

The tribunal agreed he was an worker of the company, as did the Employment Appeal Tribunal, but the employer appealed again to the Court of Appeal. This is where it gets really scary – the Court of Appeal ruled that a worker who is unable or unwilling to take holiday due to reasons beyond their control should be allowed to carry over the holiday and be paid in lieu on termination. As a result, Mr King was awarded 13 years holiday pay – quite the retirement present.

So, what can we learn from this? First, the employment status, be it employee, worker or self-employed, is not a matter of choice, but of law – and the ‘use it or lose it’ rule for holiday has become less clear. Second, before writing off unused holiday, employers should consider whether members of staff have been prevented from taking such holiday due to sickness or because of reasons beyond their control.

If you need advice about the employment status of your workforce, contact your local HR Dept for help.

Workers rate money and time off as their biggest motivator

A survey conducted by Purely Digital found that increases in money and annual leave are the biggest motivators amongst employees.

The results revealed that 39.1% of workers were driven most by a financial reward, whilst 36.9% preferred more annual leave, 16% favoured activity days and 15% were incentivised by free products.

Although it’s not a big surprise that money is a major motivator amongst employees, it often ends up only being a short-term incentive after the feel-good factor fades.

There is good value for business owners in considering longer term initiatives such as a flexi-time policy that suits employees’ ongoing lifestyles. Thinking creatively about how you can reward staff can generate real value for you and them, and also differentiate you as an employer.

The HR Dept can advise you on a suitable and desirable employee benefits package that will really engage your workforce. Contact us for more information.

How Blue Monday can affect your workforce

The term ‘Blue Monday’ might immediately make you think of the New Order song, but it’s also a date in the calendar. Often referred to as the most depressing day of the year, Blue Monday generally falls on the third Monday of January, placing 2018’s on 15 January.

Staff will be back from the Christmas break and the post-festive blues may well have set in. Throw cold evenings, short days and empty bank accounts into the mix, and you could find yourself with a rather demotivated workforce.

A study conducted by the Social Market Foundation found that money is a big concern amongst British workers, with 13% saying that financial concerns hinder concentration. Alongside this, 24% are just about managing financially and 25% have lost sleep over money worries.

A distracted workforce is bad for any business. But whilst it’s not an employer’s responsibility to manage the mood of employees, there are some practical things to consider to ensure productivity doesn’t suffer.

It won’t be for everyone, but some employers are known to offer employees loans in this period to help them get by. Other employers provide an EAP (employee assistance programme) to their staff throughout the year. Typically, this would consist of a confidential helpline and counselling services. It provides support and advice on a range of issues which might include money and mental health problems. They are a cost-effective way of helping your workforce and consequently your business.

If your team has the January blues, we can help. We can advise on how to manage a productive, happy workforce – including setting up an EAP.

What does 2018 have in store for HR?

As another year ends, we’re gearing up for 2018 so we can hit the ground running. So, what is on the HR horizon? Here are some highlights.

The national living wage will rise by 4.4%. This rise will be above inflation, which is running at 3%. If this will hit you hard, you’ll want to explore ways to offset or mitigate this extra cost as soon as possible.

It may be a defining year for the gig economy and workers’ rights. The appeal cases of Pimlico Plumbers and Uber, both of whom use self-employed workers, will be determined early in 2018.

And GDPR (General Data Protection Regulation) will come into effect in May 2018. This will have a huge impact on many aspects of business including HR. For help making sure your HR data is GDPR-compliant, get in touch.

The importance of communicating policies

Earlier this year an employee was dismissed for wearing headphones in a supermarket’s delivery yard.

Whilst agreeing with the employer that it was a serious health and safety issue, a tribunal deemed it unfair dismissal.

This was because the supermarket failed to make it clear that not wearing headphones was part of the health and safety policy and amounted to gross misconduct under the disciplinary policy.

It’s vital to conduct risk assessments and have clear policies in place. But it’s just as important to make sure they’re communicated and understood by staff.

As this case shows, you can’t dismiss someone for breaking a rule they were not aware of.

If you need help writing company employment policies, speak to us.

We can also advise on communicating them effectively to your workforce.

Plan now for 2018 recruitment

Many businesses will start the recruiting process in January – but one of the tricks to ensure this runs smoothly is to start planning your hiring strategy before Christmas.

Planning early will ensure your recruitment strategy is in line with your business plan, for instance having the right team to meet your goals and the budgets to make the process run smoothly.

If you want to take on employees and kick off the new year in the best way possible, your local HR Dept adviser can help with recruiting and onboarding staff.

New for 2020? Bereavement leave for parents

A new law has been proposed in Westminster to provide paid leave for parents who suffer the devastation of a child under the age of 18 dying. The UK Government is backing the proposal.

The Parental Bereavement Bill, which would be likely to become law in 2020, gives parents who lose a child under the age of 18 the right to two weeks of paid leave. Statutory parental bereavement pay would be available to employees who have at least 26 weeks of continuous service. Small employers would be able to reclaim the statutory bereavement pay and larger organisations could claim most of it back.

A recent study found that a quarter of workers who suffered bereavement of a loved one took no time off. And although some may prefer to keep busy and feel that remaining at work would be best for them, others may require this period to grieve.

There is currently no legal requirement for employers to give employees paid time off when they lose a child. However, we expect most employers would naturally act compassionately and flexibly throughout such a difficult time, allowing a bereaved employee to take some paid time off if they feel they need to.

It is important for grieving parents to feel supported by their employer if they experience the ordeal of losing a child. Returning to work before they are ready is unlikely to be productive for either the employee or the employer.

If you find yourself having to manage an employee who loses a child, ensure that your communication arrangements enable you to find out what they need to help them cope. For now, it is still down to you to decide what kind of paid leave, if any, you offer.

These awful events strike occasionally and sometimes they are unforeseen. If you need support in managing an employee who suffers such bereavement, then The HR Dept are only a phone call away. We can provide advice and, if necessary, a structured plan to help your employee find their feet at work again.

Should default retirement ages be reintroduced?

Who says you have to slow down when you get older? After all, President Trump is 71 and Theresa May is 60 years old. Some jobs require experience to be done effectively.

Since 2011, with limited defined exceptions, the default retirement age has gone. Retirement dismissals must be justified under equality law.

Older workers have much to contribute to the workplace. They can bring skillsets and experience that are hard to find elsewhere. Recent studies show that being active and working later in life brings many benefits, such as remaining healthier for longer.

But the downsides of this policy include limiting the promotion opportunities for the next generation and making succession planning more difficult (without set timeframes). It has led to some questioning whether a set retirement age should be re-introduced.

Maternity mix up ends in unfair dismissal tribunal

Despite regular headlines showing that women returning to work after being on maternity leave are being discriminated against it is sadly not getting any better.

A recent case from an employment tribunal in Liverpool highlights that the risk to employers does not solely come from an intentional act of discrimination. Sometimes, mistaken assumptions can lead to a tribunal case.

The case involved an employee who had requested to go from full-time work to a job share and three-day week following her first pregnancy. Around the time of her second pregnancy, a restructuring took place, with most roles at her workplace put at risk.

The employee wished to be considered for one of six new roles being created. She was persuaded to consider this as a job share (with another pregnant employee) but wished to be considered on a full-time basis should the job share not work out.

The employee’s application was unsuccessful and she was eventually made redundant.

Although a structured selection process was followed involving scoring candidates on a selection matrix, the court found that her treatment was unfair and discriminatory. During the process, it was assumed that the job share would suit both pregnant employees. Neither was properly scored as an individual candidate. One of the managers involved was also found to have treated the employee unfairly.

Maternity and paternity leave can be complex and if you end up in a tribunal, the cost of getting it wrong will be high as discrimination has an unlimited award so please take advice first.

Is presenteeism the bug in your office?

With winter drawing in, you might worry that sick days taken by your employees will soar. In fact, only four days or so were lost to sickness per UK worker last year according to the Office for National Statistics.

This is the lowest since records began. Are we getting healthier? Or is ‘presenteeism’ endemic in the workplace?

Presenteeism is when employees come into work despite being sick enough to justify staying at home.

While it’s important to keep a handle on absence, it can be counterproductive to have people working when they are unwell – through both being ineffective and spreading illness. A third of workers believe they’ve picked up a cold from a ‘mucus trooper’ colleague.

Getting the balance between absenteeism and presenteeism is a fine art – but worth getting right.

The cost of mental health

According to a government-commissioned report, mental health problems cost UK businesses £42 billion each year.

300,000 people lose their jobs annually due to long-term mental health problems.

Employers who take mental health seriously see significant benefits. Mental health charity Mind reports that every pound a business invests into supporting mental health generates a return of up to £9.

Ways to counter mental health issues can be as simple as developing an inclusive, supportive culture and encouraging regular communication between management and staff.

Doing this should help you spot signs of work-related stress and other conditions which may otherwise fly under the radar.

You could also offer an employee assistance programme (EAP) – a cost-effective outsourced service which provides staff with independent and confidential advice if they need it.

To find out more about EAPs, get in touch.

Sick as a dog

With news that an Italian woman has won a legal battle granting her sick pay for taking two days off to look after her unwell dog, we look again at ‘peternity leave’ in the UK.

It can be a controversial issue. Should emotional attachment to a goldfish be deemed as strong as to a dog?

How many employees have pulled a sickie to look after their poorly pal?

A survey by Petplan showed that many employers are kind hearted and allow time off for pet care, although this is usually unpaid.

Too sick to take leave?

A European Court ruling recently found that Francisco Pereda, a Madrid council worker, was entitled to rearrange a holiday because he suffered an injury just before leaving for it.

Francisco took legal action against his employer after being refused permission to alter his holiday arrangements on account of his injury. The European Court of Justice ruled in his favour, stating he should have been allowed to change his holiday arrangements and given the option to postpone his leave.

The ruling is being interpreted to mean that employees who fall ill, or are injured, just before their holiday should be entitled to swap their current holiday with sick leave. They should be permitted to take their holiday at a later date.

In the UK, the Chartered Institute of Personnel and Development (CIPD) are warning this could be open to abuse and have far-reaching consequences – particularly for SMEs with limited resources. This, of course, comes hot on the heels of other judgements concerning holiday rights, such as commissions and overtime being reflected in holiday pay. Although a couple recently caught claiming to have a sickness bug whilst on holiday and trying to sue Thomas Cook have just been jailed so hopefully that is a deterrent.

The fundamental principle behind such cases is that all workers are entitled to sufficient holiday breaks from work, and should not be prevented from taking them in anyway. In this most recent example it’s deemed unreasonable that ill health or injury should prevent much-needed recreational breaks.

Our advice is that if an employee is sick before, or whilst on, their annual leave, to let them reschedule it providing they follow your sickness absence rules. As an employer, you are unable to force an employee to take annual leave when they are eligible for sick leave. If they are on sick leave then they are paid in accordance with the company’s sick pay policy which may only be statutory sick pay. Any holiday may then be rescheduled in accordance with your holiday rules.

If you need help with managing annual leave or would like a review of your policy to ensure it is robust, give us a call.

The cost of employee fraud

A freedom of information request from accountancy firm RSM showed that businesses reported losses of £40m due to employee fraud last year.

Employee fraud is a costly and upsetting crime. Be aware that the most damaging cases tend to be perpetrated by senior staff of long-standing.

Mitigating the risk of fraud is a complex task encompassing many areas of your business. These include robust financial control; culture (where colleagues can raise concerns in confidence) and strong HR policies. In the finance industry there are strict rules that insist staff take their holidays and take long enough that potential problems to come to light.

If you discover employee fraud you should report it as a crime. It’s then a good disciplinary policy that will give you the proper framework to handle it from an HR perspective. Outside, expert help is strongly advised.

It’s complicated. For a longer consultation, or a review of your disciplinary procedures to ensure they allow you to deal with employee fraud correctly, contact us.

How far can you go when monitoring employee emails?

A recent ruling from the European Court of Human Rights declared that a business was wrong to fire an employee for using a Yahoo Messenger work account for personal use.

The Romanian engineer used the account to message his brother and fiancée, despite company policy saying that professional accounts may not be used for personal reasons.

Article 8 of the European Convention on Human Rights guarantees respect for private and family life and correspondence.

The court ruled in the employee’s favour because the employer had breached this right to privacy.

This suggests that employers must give explicit warnings to staff if they want to monitor their internet use. This is potentially troublesome for employers in an age when boundaries between private and professional life are becoming ever more blurred due to social media and other digital innovation.

If you do feel it necessary to check the communications of your staff, ensure you strike a balance between prohibiting your employees from taking advantage of company assets, whilst not excessively monitoring private messages.

You must also make sure your employment contracts explicitly state that you are permitted to monitor their online activity in the workplace. If you don’t have this in writing, you could find your options restricted if you suspect improper behaviour.

We can help you get the balance right and ensure that your contracts and handbooks are written correctly to give you the powers your business needs, whilst staying on the right side of the courts. Get in touch with your local HR Dept to see how we can help you.

The impact of poor holiday planning

Ryanair has recently encountered staff scheduling problems, resulting in cancelled and delayed flights and as this has left the airline nearly £22m out of pocket it has been an all-round PR disaster. Ryanair claimed this was due to poor management of pilots’ holidays and if that were the case their HR team want to be taken to task.

With Christmas on the horizon, this is a timely reminder to make sure that the spacing of staff holidays is aligned with the needs of the business. It will ensure you do not experience staff shortages during busy periods and avoid subsequent gaps in your service.

If you need help managing annual leave, contact The HR Dept. Our web-based HR Toolkit is a digital platform that makes holiday bookings easy for you and your staff. It’s specifically designed for small businesses and removes the hassle of managing employee holiday bookings.

Mediation in the workplace

As they say, “it’s nice to be nice”. But in stressful situations sometimes people just don’t see eye to eye and arguments ensue, resulting sometimes in a poisonous atmosphere and even drops in productivity. If this occurs and a quick handshake won’t do the trick, mediation may be the best way forward.

Mediation can be a cost-effective and emotionally intelligent solution: bringing people back from the brink before you have to consider replacing staff who can’t work together. We all know what an expensive and time-consuming process recruitment can be.

As you’re probably aware, mediation involves a trained independent third party that helps the antagonists to come to an agreement.

In small organisations it is unlikely you have qualified mediators within the company who can find impartial resolution to disputes and for a long term solution this is what is required.

If you need to explore mediation, contact your local HR Dept. We can provide advice and even act as an independent mediator if required.

Menopause leave

The menopause is something that affects all women to some degree and even though Jenni Murray became famous for saying on radio ”Is it me or is it hot in here?” it is still a taboo subject.

We would suggest a sensible pragmatic approach and making reasonable adjustments for staff going through this potentially difficult time such as providing fans to even reviewing uniforms to ensure they are comfortable.

Employee wellbeing should be a high priority for any business – from stand-out life events like the menopause to more day-to-day happenings.

New guidance on suspending employees for gross misconduct

In years gone by it has been normal practice to automatically suspend an employee accused of a serious offence, pending an investigation. Usually, the offence would be serious enough to be considered gross misconduct: for example, theft, harassment or violence towards a colleague or customer.

A letter confirming suspension and the reasons why would be issued. It would state, among other things, that it carried no implication of guilt, but was a means by which the company could carry out the investigation impartially. It would tell them that they would be interviewed as part of the process.

Of course, all their colleagues would be aware of the suspension and reach their own conclusions. And herein lies the problem. In recent cases, the courts have made it clear that suspension is not a neutral act and have forcibly advised employers against a “knee-jerk” reaction.

The danger for the employer of reacting by immediately suspending – once the allegation comes to light – is that it can destroy the employment relationship. It could lead to the employee resigning and claiming constructive dismissal. And as in the latest case of Agoreyo v London Borough of Lambeth, the employee can claim damages.

So, faced with this problem, what should you do? The first thing is to pick up the phone to your local HR Dept and discuss whether there is another option available other than suspension.

In some cases, suspension will still be the right way forward. But only after carefully considering the facts and listening to the employee’s explanation. The letter informing the employee they are suspended must also make clear who has taken that decision.

With an increase of tribunal claims expected, it would be unwise to give a knee-jerk reaction resulting in your scoring an own goal!

Suspending an employee due to gross misconduct is never going to be easy. For help and advice to ensure you get it right at every stage, call us as soon as you realise there is a problem.

Flexible working for parents with children starting in reception

September means that chilly weather and a new school year are here. And for some parents, the start of their child’s first days of reception class.

Due to reception classes staggering their start times to acclimatise the new intake, you might notice an increase in parents with young children requesting flexible working hours.

Provided an employee has been working at your company for at least 26 weeks, they have a legal right to request flexible working hours. And although you are not legally obliged to grant it, as an employer you must consider any proposal for flexible working in a ‘reasonable manner’.

Considering a flexible working request reasonably could involve assessing the pros and cons of the employee’s request, holding a meeting with the employee to discuss it, and offering an appeal process if the request is denied.

It can be difficult to strike an equilibrium between family life and the interests of the business. But in the longer term, it’s in both the employee’s and employer’s best interests to achieve this balance.

For advice on managing employee requests for flexible working hours, contact the HR Dept.

How good is your onboarding?

According to some sources, a total of £28bn is lost annually in the UK and US on unproductive employees who don’t understand their job. After a quick online search of poor on-boarding, it’s easy to see why.

We came across one lady describing how, when she arrived at her desk on her first day, she was immediately told to visit HR to sort out paperwork… in a different building. When she got there, they didn’t even have her name on file!

One employee stated how they were escorted to their desk without being introduced to anyone or shown around. Another described an onboarding session consisting of the owner talking non-stop about themselves – for eight hours.

For a meaningful employer-employee relationship, it’s important to take time to settle new starters. And don’t forget to tell them what their job is!

Need help with onboarding? Give us a call.

Managing May Day mega holiday requests

Providing employees don’t work weekends and bank holidays, during May 2018 they can transform 14 days of annual leave into 24 days.

This is through a combination of the 7^th May and 28^th May bank holidays and weekends.

As an employer, it’s good to have this on your radar in case one, two or a flurry of holiday requests come in for next May.

But what should you do if this occurs? There are several issues to consider, including whether you can cope with people missing for so long, and how to manage conflicting holiday requests.

You should have a holiday policy, as this will be a useful tool for managing holiday requests effectively.

For help writing holiday policies or guidance on managing annual leave, contact The HR Dept.

Internships: A millennial could be your social media star

Southern Rail made headlines in July by delegating their Twitter account to a 15-year-old work experience student. Although the thought might have some senior managers quivering in their boots, the student’s witty responses and endearing charm worked wonders for Southern Rail’s reputation.

Many companies rely on a strong social media presence to stay relevant these days. This task can lend itself to social media-savvy millennials who have grown up as digital natives. However, it’s important to define goals and strategies to make sure social media activity is aligned to your business, and offer training. A social media policy is also essential to set out what is and isn’t acceptable when representing the company and offer guidelines on tone of voice and messaging.

For a social media policy or advice on managing interns, contact The HR Dept.

Preparing for seasonal workers

Christmas may be some way off, but it’s important to plan ahead – no, we’re not talking about ordering your turkey or planning the Secret Santa! If your sector experiences a Christmas surge of business, it’s wise to consider your seasonal staffing requirements now.

Alongside getting ahead of the game by sourcing staff early, it will give you the chance to do it properly.

This includes deciding the person’s status, will they be an employee, a worker or an agency worker? All these need contracts and have different rights. We can help with the recruitment and ensure you are legally compliant.

Contact us for advice.

New guidance on suspending employees for gross misconduct

In years gone by it has been normal practice to automatically suspend an employee accused of a serious offence, pending an investigation. Usually, the offence would be serious enough to be considered gross misconduct: for example, theft, harassment or violence towards a colleague or customer.

A letter confirming suspension and the reasons why would be issued. It would state, among other things, that it carried no implication of guilt, but was a means by which the company could carry out the investigation impartially. It would tell them that they would be interviewed as part of the process.

Of course, all their colleagues would be aware of the suspension and reach their own conclusions. And herein lies the problem. In recent cases, the courts have made it clear that suspension is not a neutral act and have forcibly advised employers against a “knee-jerk” reaction.

The danger for the employer of reacting by immediately suspending – once the allegation comes to light – is that it can destroy the employment relationship. It could lead to the employee resigning and claiming constructive dismissal. And as in the latest case of Agoreyo v London Borough of Lambeth, the employee can claim damages.

So, faced with this problem, what should you do? The first thing is to pick up the phone to your local HR Dept and discuss whether there is another option available other than suspension.

In some cases, suspension will still be the right way forward. But only after carefully considering the facts and listening to the employee’s explanation. The letter informing the employee they are suspended must also make clear who has taken that decision.

With an increase of tribunal claims expected, it would be unwise to give a knee-jerk reaction resulting in your scoring an own goal!

Suspending an employee due to gross misconduct is never going to be easy. For help and advice to ensure you get it right at every stage, call us as soon as you realise there is a problem.

Flexible working for parents with children starting reception

Due to reception classes staggering their start times to acclimatise the new intake, you might notice an increase in parents with young children requesting flexible working hours.

Provided an employee has been working at your company for at least 26 weeks, they have a legal right to request flexible working hours. And although you are not legally obliged to grant it, as an employer you must consider any proposal for flexible working in a ‘reasonable manner’.

Considering a flexible working request reasonably could involve assessing the pros and cons of the employee’s request, holding a meeting with the employee to discuss it, and offering an appeal process if the request is denied.

It can be difficult to strike an equilibrium between family life and the interests of the business. But in the longer term, it’s in both the employee’s and employer’s best interests to achieve this balance.

For advice on managing employee requests for flexible working hours, contact the HR Dept.

How good is your onboarding?

According to some sources, a total of £28bn is lost annually in the UK and US on unproductive employees who don’t understand their job. After a quick online search of poor on-boarding, it’s easy to see why.

We came across one lady describing how, when she arrived at her desk on her first day, she was immediately told to visit HR to sort out paperwork… in a different building. When she got there, they didn’t even have her name on file!

One employee stated how they were escorted to their desk without being introduced to anyone or shown around. Another described an onboarding session consisting of the owner talking non-stop about themselves – for eight hours.

For a meaningful employer-employee relationship, it’s important to take time to settle new starters. And don’t forget to tell them what their job is!

Need help with onboarding? Give us a call.

Managing May Day mega holiday requests

Providing employees don’t work weekends and bank holidays, during May 2018 they can transform 14 days of annual leave into 24 days.

This is through a combination of the 7^th May and 28^th May bank holidays and weekends.

As an employer, it’s good to have this on your radar in case one, two or a flurry of holiday requests come in for next May.

But what should you do if this occurs? There are several issues to consider, including whether you can cope with people missing for so long, and how to manage conflicting holiday requests.

You should have a holiday policy, as this will be a useful tool for managing holiday requests effectively.

For help writing holiday policies or guidance on managing annual leave, contact The HR Dept.

Internships: A millennial could be your social media star

Southern Rail made headlines in July by delegating their Twitter account to a 15-year-old work experience student. Although the thought might have some senior managers quivering in their boots, the student’s witty responses and endearing charm worked wonders for Southern Rail’s reputation.

Many companies rely on a strong social media presence to stay relevant these days. This task can lend itself to social media-savvy millennials who have grown up as digital natives. However, it’s important to define goals and strategies to make sure social media activity is aligned to your business, and offer training. A social media policy is also essential to set out what is and isn’t acceptable when representing the company and offer guidelines on tone of voice and messaging.

For a social media policy or advice on managing interns, contact The HR Dept.

Preparing for seasonal workers

Christmas may be some way off, but it’s important to plan ahead – no, we’re not talking about ordering your turkey or planning the Secret Santa! If your sector experiences a Christmas surge of business, it’s wise to consider your seasonal staffing requirements now.

Alongside getting ahead of the game by sourcing staff early, it will give you the chance to do it properly.

This includes deciding the person’s status, will they be an employee, a worker or an agency worker? All these need contracts and have different rights. We can help with the recruitment and ensure you are legally compliant.

Contact us for advice.

A Case at A Warburtons

Warburtons Ltd. has been fined after an agency worker was injured when his arm got trapped in a conveyor belt.  The worker’s right arm became trapped between a conveyor belt and moulder as he attempted to clean out dough which had become caught between tins.

The company was fined £1.9m under the Provision & Use of Work Equipment Regulations.

This highlights again the importance of assessing all risks faced by employees and training employees how to work safely.

Since the new Health & Safety sentencing guidelines were introduced in February 2016 there has been a significant increase in fine levels for companies prosecuted for offences under the Health & Safety at Work Act and the associated regulations.

In 2016 there were 19 fines of more than £1m compared to just three fines of over £1m in 2015 and none in 2014.

Health & Safety Myth

Health and Safety Regulations now ban the use of ladders.

This is a story that appears frequently.  There is no ban on ladders if they are used safely.  There are regulations to ensure that people do use ladders safely to reduce the numbers of workers seriously injured or killed falling off ladders every year.

There is no ban on ladders as long as they are secured and used appropriately.

ISO 45001

The latest draft of ISO 45001, the planned international standard for safety and health management systems, has been approved in an international ballot.  However further amendments to the standard, which is due to replace BS OHSAS 18001, may push the publication of the final text into next year.

Big Ben

Big Ben has fallen silent as of 12 noon on 21st August for 4 years due to health and safety concerns for workers who will be working on refurbishing the tower which holds the bell. Authorities have been criticised for halting the chimes because of health and safety, with many criticising that not even The Blitz halted the chimes of Big Ben.

The GCSE system is changing

We are all familiar with the GCSE grade format A* to G – GCSEs have been around since 1988. Well, it’s all about to change. So here is your lowdown on what’s coming up.

With the first wave of students being graded this summer, their GCSE results are set to be replaced with a new grading structure from 9 to 1 – with 9 being the highest grade and 1 being the lowest.

So how will this affect you as an employer? And what do you need to know to ensure you’re recruiting the right talent at the academic level you require? The good news is that these new grade boundaries will give employers a better breakdown of competence in each subject.

Doubts have been cast on the integrity of the A* grade because of the high numbers awarded. This new system aims to tackle this perceived lack of rigor, with 9 being a more difficult grade to attain than an A*.

This is particularly relevant for employers that take on apprentices. Also, for employers who hire young workers, this new system should give them a clearer idea of their specific skillset.

The new grading system won’t come into effect across all subjects immediately. English Language, English Literature and Mathematics will be the first GCSEs to be graded from 9 to 1.

In 2018, 20 more subjects including History, Geography and the sciences will adopt the new grading system. All will be using it by 2020. Also, these new grades are only being implemented in England – Wales and Northern Ireland have no current plans to apply them. Scotland has a different system altogether.

If you are an employer who focuses on GCSE results, perhaps taking on young workers, you’ll need to get your head around this new grading system. If you need advice or have any questions, contact your local HR Dept. We can also help you consider other recruitment strategies and techniques that take in softer skills which aren’t measured by GCSEs.

How autumn can affect employee productivity

The varying seasons affect the way many of us function. As the days get shorter and nights get longer, you might find that the upcoming autumn months have an impact on the workplace too.

Some employees become more efficient as there is no glorious sunshine to distract them from their daily tasks. But on the other hand, it’ll come as no surprise that cold weather often leads to increased rates of illness and sick days.

Rainy days may affect the mood of your staff – particularly those who commute in cold, wet weather. And when the daylight really starts to diminish, some find SAD (Seasonal Affective Disorder) kicks in.

If you need any advice on keeping your employees happy and productive throughout the next few months, contact The HR Dept.

Employers recount the worst interview candidates

A recent Reddit post asked employers to reveal some of their most painful experiences with interviewees. And the results might astound the most seasoned of hiring managers. We selected some of our favourites to highlight just how interesting the world of HR can get!

One manager asked a candidate, “What would you do if you had a conflict with another co-worker?”. The applicant responded with an anecdote about how a previous co-worker had had an affair with his then-girlfriend and he’d had to encounter him every day at work and “resist beating his ass”. The candidate then felt the need to follow this statement with, “I mean, I got him outside of work, but I never touched him at work!”.

Another hiring manager reported the downright brashness of one candidate who said, “You guys would be lucky to have me. Google is trying to recruit me too!”. The manager promptly wished him the best of luck at his job at Google.

During an interview for a restaurant position, one candidate was asked to give an example of his leadership abilities. The candidate replied by telling the interviewer how, in his previous job, he disliked the head chef so much that he organised the kitchen staff to walk out during the Friday night rush. There’s no denying this shows leadership qualities – but maybe not the right kind!

The hiring process can be just as frustrating for those on either side of the table. If you need advice on how to avoid car crash interviews, contact The HR Dept.

It’s a busy time for holiday requests

Managing conflicting holiday requests, ensuring your business is adequately staffed during busy periods… It’s enough to make you want to take a holiday yourself!

Next up it will be the Christmas period, so check out our HR Dept Toolkit quick!

It’s a cloud-based, simple platform that can be used by you and your employees.  The Toolkit manages a variety of HR tasks such as staff holidays, employment contracts, inductions, appraisals and sickness.

A key feature of the Toolkit is that it has three tiers of access – owner, manager and employee.

This means that everyone in your organisation can control and view information at their appropriate level.

So, if you would like to find out more about this stress-free, low-cost way of managing your HR, contact us and we’ll be happy to arrange a demo for you.

Latest update on tribunal fees

We hope you saw our report on this big employment news: The Supreme Court has ruled fees for employment tribunals are unlawful because they restrict access to justice a basic principle in UK law.

The introduction of fees of up to £1,200 saw a 79% drop in tribunal claims in 2013. The government immediately stopped charging the fees and are looking at refunding the £32m charged in recent years.

The big question now is will they allow people who did not make a claim because of the fees to make one now even if technically out of time.
Undoubtedly, more employees will now take their bosses to a tribunal even though it is thought a lower fee will be introduced.

Many of our clients have expressed concern about the increased risk posed by increased tribunals. Sound, practical and pragmatic professional advice is the answer.

Our Advice Line service – which covers unlimited telephone and email support – is backed by our market-leading tribunal insurance. So, if you follow our HR professional’s advice, you’re completely covered from any award at a tribunal.

Gender pay gap update

The BBC gender pay gap has been well publicised.

At the time of writing, the latest news was that female stars were calling on the BBC to take action.

Of course, the BBC isn’t alone in having a gender pay gap. In the case of the screen stars, the BBC may not be breaking the law.

But generally, not only is it illegal to pay employees differently based on gender, it can result in low morale and employer/employee trust issues, as the BBC is discovering.

More work needs to happen on abolishing the gender pay gap.

At the current rate of progress it’ll take 62 years to close it fully.

For help getting this right, give us a call.

T H E  I N D I C A T O R
Employment and litigation issues

STATUTORY PAY
Maternity/Adoption pay – SMP/SAP is paid for 39 weeks. Pay rate for first 6 weeks of SMP: 90% of the employee’s average weekly earnings. SMP remaining weeks/SAP: £140.98 or 90% of average weekly earnings, whichever is less. Sick pay (SSP) – £89.35 per week provided employees meet criteria.

REDUNDANCY PAY
Pay rate – 0.5 week’s pay for each year of service for employees aged under 22 (1 week’s pay is calculated at £489 or the weekly amount if it is less). 1 week’s pay for each year of service for employees between the ages of 22 and 40. 1.5 week’s pay for each year of service for employees aged 41 and older.

NATIONAL MINIMUM/LIVING WAGE
National Living Wage hourly pay rate – £7.50 for workers aged 25 and over. National Minimum Wage hourly pay rate – £7.05 for workers aged 21 and over, £5.60 for workers aged 18 to 20, and £4.05 for workers aged 16 to 17. Apprentice minimum wage £3.50 per hour (apprentices under 19 or 19 and over who are in the first year of apprenticeship).

How family friendly are you?

Most parents will tell you that it can be a struggle when it comes to balancing work and family life. The school run, unexpected sickness, sleepless nights and costs…lots and lots of costs. Many companies are now beginning to realise the importance of supporting employees who have children.

Tech giant Google is well-known for its pioneering work culture, and its Mountain View campus in California boasts four childcare centres.

Facebook offer free meals and a free laundry service, alongside $4,000 ‘baby cash’ given to employees with new-borns. The company also subsidises the cost of childcare and provides help with adoption costs.

Unfortunately, there are plenty of examples of bad practice too – both through ignorance and deliberate acts. Such actions are very likely to see employers fall on the wrong side of a tribunal judgement. For example, you should never assume that pregnant women want to immediately be taken off big accounts or that they will no longer want to travel for work. Even if your intentions are positive, this is a form of discrimination. And that’s before we even talk about more overt discrimination like bullying or forced redundancy.

It’s not always easy for SMEs, but providing parenthood perks can be beneficial to you as an employer too. If you want to recruit and retain talented staff, they can be a major attraction, as well as enhancing your reputation. Whatever you do, it’s important to ensure that you give benefits equally – extending them to adoptive parents and same-sex couples too for instance.

Contact The HR Dept for expert advice on family benefits.

New court ruling on shared parental leave

A tribunal judgment has shaken the conventional view on how fathers should be paid under shared parental leave. It was believed that, if men and women were treated equally within a shared parental scheme, discrimination was not occurring. Even if a company’s maternity pay policy was more generous than their paternity scheme.

However, in the case of Ali Vs Capita, a father successfully claimed that he was being discriminated against due to being paid less whilst taking shared parental leave when his wife returned to work.The judgement is quite nuanced and similar claims have failed due to subtle differences.

If in doubt, you should have your policies reviewed to ensure that they are not discriminatory.

It’s raining babies!   

Count back nine months from September and October, and you may not be surprised to find that those autumn months are when most babies arrive. The cold, dark nights of the previous winter, the Christmas parties and all that!

We’re only a couple of months out from that period now, so are you managing any expectant mothers correctly? It’s essential to maintain communication with employees on maternity leave, be aware of contractual benefits, and know the appropriate pay rates.

Are any of your staff pregnant right now? If so, The HR Dept are here to advise.

Does adoption leave and pay differ from maternity/paternity leave and pay?        

A survey by Slater Gordon showed that 40% of managers try to avoid recruiting women of childbearing age because of fear of them having children.

Well, we hate to break it to them, but not only is that illegal, but nowadays any member of staff could opt to become an adoptive parent. They would thereby have the equivalent rights that are given to employees through pregnancy and maternity.

In 2008, same sex adoption was approved and the numbers have steadily grown to the point that last year, gay, lesbian and single adoptions formed nearly 20% of adoptions in the UK.

For adoptive couples, one person must be nominated as the primary adopter. They would receive the same rights as if they were on maternity leave. The secondary adopter would then have parental leave rights.

Prospective adopters must go through a rigorous assessment and training process before they are approved to be capable of parenting a child. Don’t you wish, when watching hopeless parents trying to manage unruly kids, everyone had to do the same?

To accommodate these training and approval panel days, primary adopters may attend five appointments as paid leave. Secondary adopters may attend two appointments as unpaid leave, although they may have more adoption meetings that need holiday or, with your approval, additional unpaid leave time off. A maximum of six and a half hours is given for each appointment. Agency workers must have 12 weeks service in the same role with the same employer to be eligible for this.

This period is likely to be an emotional rollercoaster, particularly once approved parents start searching for the right child – therefore, your support will be essential. Once approved, it can take a year or even longer to be matched. The key here is to keep communication lines open so that you’re aware of the stage they’re at.

After the employee has been matched with a child, they have seven days to inform you, and their 52 weeks’ adoption leave can start up to 14 days before placement – or 28 days before for children born outside the UK.

If any of these issues affect you, get in touch to ensure you handle them correctly.

Time off for dependant leave

All male and female staff have the right to take reasonable time off to deal with dependant emergencies. But this is not time to stay at home waiting for deliveries or service engineers.

It is unpaid time to deal with emergency situations. For example, when childcare arrangements break down, a dependant is taken to hospital, or putting care in place for elderly relatives. The key phrase here is ‘reasonable time’. This should usually be one or two days to enable other arrangements to be made. Not time off – a whole two weeks of chicken pox and the like.

You must ensure your policy clarifies this and that it states staff must ring you as early as possible, explaining what the problem is, and how long they plan to be away. This should not be a regular occurrence. If it is, particularly during school holidays, ask The HR Dept for help managing it.

Second birthday for shared parental leave

We don’t think the government will be hiring a bouncy castle and putting party bags together for the birthday of two-year-old shared parental leave.

The progressive, but complicated policy that allows both parents to split up to 50 weeks of parental leave has had an exceedingly low take up. However it is very complex and Maternity and Adoption statutory pay means many couples simply cannot afford the higher earner to take time off. There are undoubtedly cultural issues at play too – the kind of gender stereotypes that such a policy intends to break down.

One thing to watch out for is a new layer of complication. In 2018, grandparents will be included in the scheme. You may need an aspirin if you have to implement that!

Seasonal employment – Your employer’s checklist

With the arrival of the summer, many businesses need additional staff to cover increased demand or to cover existing staff holiday or sickness but it is important to get the right contractual relationship in place.

Firstly be clear about what additional hours and commitment you need. If it is for set hours and time then a Fixed term employment contract is ideal. These staff have the same benefits as your other employees but with a fixed end date. Having notice periods and the right to extend makes this contract more flexible.

To cover fluctuating demand the much maligned Casual or Zero hour contract is best. The people on these contracts are workers and have fewer employment rights but the flexibility of casual work suits many people and is an ideal way to manage seasonal work.

On a more regular basis for drivers or warehouse staff in particular agency workers can be the answer. This is a highly regulated area and can be expensive but in high turnover roles provide the solution.

If you think you can manage using your current staff remember the dreaded Working Time Regulations limit on weekly hours and that overtime could have to be included in future holiday pay.

Whether worker or employee the National Minimum or Living Wage applies and holiday accrues from day one, but to be clear about what is best for you and the rules that apply ring The HR Dept.

How should employers behave during general elections?

Keeping an eye on workplace political discussions to ensure they don’t get too heated? Good.

On polling day, being flexible with working hours to ensure members of staff can vote? Right.

Advising employees which way to vote and threaten them with redundancy if an ‘undesirable’ party gets into power? WRONG.

That’s what two company bosses were accused of in the previous election, claiming that a Labour win would jeopardise the fortunes of the company, and therefore the employment prospects of staff.

One claimed he was joking and that comments saying Labour voters would be the first out of the door were taken out of context. The other acknowledged that employees were entirely in control of how they vote, but that his comments were factually correct.

Our advice to employers is to be wary of expressing political opinions within the workplace, especially when you consider that there may be yet another election around the corner!

A healthy commute works wonders  

A study of UK workers by OnePoll unveiled that if you want to boost your employees’ morale, then an active commute could be the answer!

Rather than rewarding employees with one off-perks like socials and lunches, the survey suggests it is more valuable to offer benefits that promote long-term happiness, like a cycle-to-work scheme.

And with the political uncertainty reportedly making the UK workforce uneasy, it’s more important than ever to keep your staff happy and motivated. Long-term solutions focused on health and work/life balance may be the answer you are looking for.

Hack attack from own employee

To get hacked by an employee once is unfortunate. To be hacked twice by the same employee looks like carelessness. But that’s what happened to a Californian security firm.

The first time, the employee hacked into the payroll system and falsified records to show that he was working vast amounts of overtime. When this was uncovered in 2014, he was dismissed.

The “ex” employee then hacked into the firm’s system again. This time he went on a spree of causing malicious damage. It included, stealing client information to lure them to his own new venture, deleting or corrupting back-up files and sabotaging the company’s website. In what must be a business owner’s worst nightmare, this included posting unflattering pictures of them on the site with the words “Are you ready?”.

The damage this caused was described as debilitating, and the ex-employee was ordered to pay the equivalent of £248,000 in damages.

Not a pretty picture. So what can you do to mitigate the risk of an employee going rogue? Clearly, much of the defence you can put up will come from your IT department or consultant rather than HR. That said, HR can play an important role too.

First, let’s consider the execution of a cyber-security policy. Unfortunately, 90% of all successful cyber-attacks are down to human error. So, you can use HR to ensure that all staff understand the cyber policies and their responsibilities under them.

For instance, who’s in charge of granting access to sensitive data stored online? Do they fully understand the consequences of inadvertently dishing out a username and password? Does everyone know how to identify a suspicious email and what they should do? And the old chestnut of not leaving a laptop without password protection (or any laptop) in the pub!

But you can go further than this with HR. Good recruitment in the first place to minimise the risk of a bad egg. And putting restrictive covenants in employment contracts to stop staff taking clients with them if they leave. For further advice, give us a call.

The decline of the CV

In the digital age, we can legitimately ask if CVs are on their way out. When employers are looking for great talent, more and more are using creative and online ways to find the right candidates.

With the recruitment world constantly changing, big hitters such as Ernst and Young have decided to remove their ‘2:1 degree only’ policy, because it excludes a large pool of otherwise eligible, high quality candidates.

An increasing number of employers feel that CVs are no longer relevant and that they do not accurately represent the individual. In their place, they are using online personality tests and online talent databases. If you know what you are looking for, online platforms could now be the default recruitment tool for you.

If you need assistance in finding the perfect candidate, The HR Dept is here to help.

Election uncertainty- What next?

It’s fair to say that the election result took the country by surprise. With no party having a clear majority, the roadmap for policy implementation looks far from clear – including all the proposed changes to employment law.

The potential effects of such uncertainty will be felt by most people, including your workforce: “What kind of Brexit will we have, and how will it affect me?” “How secure is my job?” “Will proposed changes to employment law be implemented?” are the kind of questions that employees may be wrestling with.

The CIPD have restated their commitment to work with government to tackle workplace issues. Don’t forget, in an uncertain world you can use HR to help your staff. And of course, we’ll keep you posted with the latest developments from the government and the CIPD.

General election: What the parties are promising

Election campaigning is in full swing and the main political parties have provided details of workplace policy proposals.

The blue side are the incumbents and also appear to be leading the polls (although that doesn’t mean much if recent experience has been anything to go by!). Theresa May has made announcements heralded as a big expansion of workers’ rights.

These include extending the right to maternity, paternity and holiday pay to more categories of worker. This should be tackling the ‘Gig Economy’ so that the so called self-employed staff get workers rights such as maternity, paternity, holiday and sick pay. The announcement retains the current EU-based employment laws; increasing the National Living Wage in line with average earnings until 2022; widening the remit of the Equality Act to cover shorter term mental health conditions; giving workers more rights to take time off to care for dependants and receive training; also to beef up the powers of The Pensions Regulator;  and charging businesses more for hiring migrant workers… And breathe!

The red side have been busy making announcements too. If Jeremy Corbyn wins the keys to Downing Street he has promised: four new bank holidays; an increase in the National Living Wage to £10 per hour; unilaterally guaranteeing the rights of 3 million EU nationals living in the UK; a hefty rise in corporation tax; and a banning of zero-hour contracts… And more!

The SNP are pushing against a hard Brexit and government cuts in Scotland, as well as a second independence referendum. UKIP are focusing their campaign on socio-cultural issues following their success in the EU referendum. This includes a banning of the headscarf worn for religious reasons.

It’s a fast-moving world, so keep an eye on our blog and Twitter feed for the latest updates.

How to accommodate Ramadan

26^th May to 24^th June is Ramadan, a religious period observed by Muslims. Those participating in Ramadan will be fasting – from dawn until sunset every day. Employers should acknowledge this and make reasonable adjustments so they do not fall foul of the Equality Act 2010.

You may want to consider a few issues that could arise. These could include fatigue caused by disrupted sleep patterns. Fasting can also reduce blood sugar levels, causing lethargy and irritability. And participants may be required to pray more often than usual throughout the working day.

One way to be accommodating could be to schedule demanding work for the morning. It is a good idea to inform other employees that Ramadan is taking place, and if you are arranging any social events, don’t be offended if people participating decline an invite!

Spotting an unhappy employee

In any organisation, however well run, sooner or later employees may want to leave for a variety of reasons. Sometimes it might be for the best – which is not an issue. But other times you may be at risk of losing a talented team member.

Holding regular appraisal/feedback chats can help you spot signs of unhappiness but an appraisal that discusses their career ambitions can identify risks. Even then, make clear that the door is always open to discuss issues.

If you know there is a problem you can see if you can fix it but encouraging openness can give you more notice time to plan their replacement. But ultimately, if they do resign you have to respect their decision.

Health and safety gone mad? Are you sure?

Health and safety (H&S) often finds itself on the receiving end of jokes and gags. To many it’s viewed as just another form of red tape.

But despite “’elf and safety’s” jobsworth reputation, it’s crucial to keep your employees safe and prevent work-related injuries from occurring.

The HSE (Health & Safety Executive) is fighting to reclaim the term – they have even taken to Twitter to debunk some of the myths. Here, they make it clear that many of the ludicrous decisions that are blamed on health and safety are, in fact, nothing to do with them.

A prime example from the Twitter feed was when the Daily Mail reported that, due to H&S, a young girl had been put into isolation at school for having beads in her hair. The HSE tweeted, “’H&S regulations’ for beaded hair? @DailyMailUK are you sure? #bustedmyth”.

The HSE also had their say when the Nuneaton Tribune claimed that council workers who operate in dusty conditions are required to be clean shaven to comply with health and safety regulations. HSE sent a tweet saying “These ‘new’ rules have existed for years to prevent inhalation when working with dust and asbestos etc. #bustedmyth”

Taking health and safety seriously has major benefits for businesses, such as reduced costs, lower employee absenteeism, less likelihood of legal action, improved reputation of employee care and corporate responsibility, and (through all that) higher levels of productivity.

In 2015/16, over 30 million working days were lost as a direct result of workplace-related injuries. So not only will your employees benefit from health and safety rules, so will your business. Win-win.

And if you get it wrong?

There is the risk of fines, compensation and even jail. In 2016 alone, £61m of fines were paid out, and penalties for businesses with a turnover of more than £50 million can receive fines as high as £10 million for health and safety offences.

We have a dedicated health and safety team at The HR Dept, so if you need help with this important area, get in touch.

How to remunerate sleeping shifts

On first thoughts, sleeping whilst working might sound cushy. But a recent BBC news article revealed that council-employed care staff working sleep-shifts might not be getting paid the statutory minimum wage.

Despite many of these shifts lasting up to 10 hours, some workers were paid just £34 for the whole shift. This meant it was likely some carers would only reach the equivalent of the National Minimum Wage each month if they worked additional hours on top of their normal rate.

In accordance with minimum wage legislation, employers must pay workers for the entire ‘sleep-in’ shift, if they are liable to be woken to deal with incidents.

We recently wrote a blog on working time and pay. Although it does vary case by case, if you get it wrong it will cost you!

If you are uncertain about pay legislation and working hours, get in touch and speak to one of our HR specialists.

References. How reliable are they?  

Last year, Aussie radio hosts Hamish & Andy uncovered “the best bloke in the world” who was perfectly happy to give a job reference for a stranger. And (not knowing he was live on air) what a reference he gave!

Funny though it was, it drew attention to the validity of CV references and how much you can rely on them. As recruiting the right staff is crucial to the success of SMEs, it is certainly a concern.

Whilst we always recommend taking up written references, previous employers are often far more forthcoming about an individual on the telephone than they are on paper.

The HR Dept can help with all aspects of the recruitment process. If you need any help, get in touch.

A case at Wilko

Wilko were fined £2.2million in January. The fine related to an incident which left an employee paralysed after being crushed by a roll cage containing 230kg of paint. The prosecution found that there was no risk assessment for the lift or the use of the roll cages, and that the training and supervision was inadequate.

This case emphasises, once again, that the Health and Safety Executive (HSE) are fining employers higher amounts than ever before. It also highlights the importance of assessing all risks faced by employees, and training employees on how to work safely.

Since the new sentencing guidelines in February 2016, there have been more fines of over £1 million than there were since the introduction of the Health and Safety at Work Act in 1974. Therefore, it is more important than ever that employers do everything correctly.

PAT Testing: Do you need to do it?

We dispel a health and safety myth in every issue of Safety Matters. This time, we’re looking at the requirement for Portable Appliance Testing (PAT).

Many employers believe they need to PAT test annually. However, for many employers, this simply is not true. There is no legal requirement for appliances to be PAT tested at all – but this does not mean you should stop testing them altogether!

PAT testing is the most effective way to demonstrate that you have had your electrical appliances inspected and tested to ensure they are safe. We always recommend employers complete this to reduce the risks associated with faulty electrical equipment.

We also advise that most office equipment is tested every two years; although this is down to your risk assessments and the type of equipment you have.

Please do feel free to send in any other health and safety ‘myths’ for us to dispel or confirm!

Legislative changes

The HSE are in the process of reviewing legislation relating to the examination and inspection of work equipment. This means we can expect a few changes to legislation later in 2017.

The regulations being reviewed are:

– The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)
– The Provision and Use of Work Equipment Regulations 1998 (PUWER)
– Pressure System Safety Regulations 2000
– Work at Height Regulations 2005

We will ensure that we keep you posted with regards to any changes. Watch this space!