@deliver_els, Author at Employment Law Services (ELS) LTD

Coronavirus | Impact of School Closures on Employers

Posted on 13 March 202013 November 2023 by @deliver_els

The Latest on COVID-19 (Cornavirus)

The number of confirmed cases of COVID-19 (Coronavirus) in the UK has risen to 590 but the UK Government has not yet banned mass public gatherings or ordered school closures but as it comes under increasing pressure this may change.

The current Government advice is to tell people to stay at home if they have either a high temperature or a new continuous cough. People are being told not to go to a GP surgery, pharmacy or hospital and that they do not need to contact HNS 111 to tell them they are staying at home and no testing will be offered to those who are self-isolating with mild symptoms.

The challenges (Covid-19) Coronavirus are presenting to employers are varied and potentially problematic and with the UK and Scottish Governments looking likely to announce they are stepping up the official response to the “delay stage”, the banning of public gatherings of groups of >500, school closures, etc looks increasingly probable.

We are receiving an increased number of queries from many anxious employers concerned that it is only a matter of time before school closures are imposed and the single biggest question they are asking us is:

What happens if staff need to take time off because schools are closed?

When it comes to staff needing to take time off due to school closures related to Coronavirus, Employers will need to tread very carefully to avoid risk of employment tribunal claims.

In the very first instance, existing legislation already entitles employees to take a reasonable amount of unpaid time off work to look after someone who depends on them in an unexpected emergency (section 57A of ERA 1996), and this would certainly apply to Coronavirus situations where schools are closed and alternative childcare arrangements cannot be made or children become ill and need to self-isolate.

The legislation does not limit the amount of time an employee is entitled to take off, and therefore it is not possible to specify the maximum period of time which is reasonable in any particular circumstances. What is a reasonable amount of time off will depend upon the nature of the incident and the employee’s individual circumstances and employers must not take any disruption or inconvenience caused to the employer’s business into account.

An employee who is refused permission to take time off in accordance with the right or who is subjected to a detriment for taking it (or seeking to take it) may complain to an employment tribunal (sections 48 and 57B, ERA 1996). Furthermore an employee who is dismissed for the reason (or, if more than one, the principal reason) that they took or sought to take time off in accordance with their right will be able to claim unfair dismissal, whether or not they have the necessary qualifying service for an ordinary unfair dismissal claim (sections 99, 108 and 111, ERA 1996).

What About Parental Leave

It is also worth noting that in addition to time off for dependents, birth and adoptive parents with more than one years’ service also have a statutory right to parental leave which allows for them to take up to 18 weeks unpaid leave for each child for the purpose of caring for that child and this applies to children aged up to 18 years of age (regulation 13(1), MPL Regulations). Normally, employees must give 21 days’ notice of their intention to exercise this right and must set out at the outset the start and end dates in their notice.

There are a number of statutory offences in relation to parental leave that, if committed by an employer, would entitle the employee to bring a complaint to an employment tribunal:

Subjecting the employee to a detriment.
Dismissing the employee.
Unreasonably postponing a requested period of parental leave.
Preventing or attempting to prevent the taking of parental leave.

In summary, each case should be assessed on the facts and employers should avoid knee-jerk reactions. The issues created by an outbreak of coronavirus are not normal and therefore the normal approach to absence and time off for dependents don’t apply.

The details noted above set out the legal minimum obligations for Employers. Contracts of employment should always be checked to determine whether they provide for more favourable arrangements than the minimum obligations set out in the relevant legislation.

Despite the UK and Scottish Governments not imposing any bans on mass public gatherings, both the Scottish and English Football Associations have taken the lead and confirmed today that their respective leagues have been postponed and UEFA have suspended both the Champions League and Europa League.

In Scotland, the remainder of the Scottish football season, including grassroots fixtures, has been postponed indefinitely and in England all elite fixtures have been postponed until at least 3 April, but Football is not alone in making this decision. Various other organisations have also cancelled public events including the Golf’s Player Championship, the England Tour of Sri Lanka as too have numerous other events.

At the time of writing this article it is unclear whether the official Government advice will change and extend to school closures and/or an official ban on mass public gatherings.

Advice and Support

If you are an employer who requires assistance with any of the issues raised in this blog call us now on 0800 612 4772 or Contact us via our website.

Free Homeworking Policy for Employers

Posted on 10 March 202013 November 2023 by @deliver_els

As we have reported previously, the Coronavirus continues to spread rapidly in the UK with the latest number of confirmed cases in the UK now numbering 321, of which 298 are still active.
As the outbreak continues to spread so too will the implications for Employers so we are offering a FREE Homeworking policy to anyone who wants it.
Simply click the image below to download your FREE Homeowrking Policy now.

For more information on the new Emergency Legislation introduced to allow the payment of statutory sick pay from the very first day an employee is sick instead of four days under the current rules AND how to cope with the various other implications Coronavirus may create for Employers, check out our other articles:

https://employmentlawservices.com/emergency-legislation-on-statutory-sick-pay-announced-by-prime-minister/

https://employmentlawservices.com/coronavirus-employment-law-hr-implications-for-employers/

We also have 16 Essential HR Policies available for download via our website that you may be interested in.

https://employmentlawservices.com/employment-law-advice/sme-employer-toolkit/hr-document-packs/

Additional Advice and Support

If you are an employer who requires assistance with any of the issues raised here, call us now on 0800 612 4772 or Contact us via our website.

Other Useful Resources:

https://www.nhs.uk/conditions/coronavirus-covid-19/

https://www.gov.uk/guidance/wuhan-novel-coronavirus-information-for-the-public

https://www.gov.uk/guidance/contacts-phe-health-protection-teams

https://www.hps.scot.nhs.uk/a-to-z-of-topics/covid-19/

Emergency Legislation on Statutory Sick Pay Announced by Prime Minister

Posted on 4 March 202013 November 2023 by @deliver_els

Sick Pay From Day One Says Prime Minister

Emergency Legislation on Statutory Sick Pay Announced by Prime Minister

Today during PM’s Questions, the Prime Minister said people who self-isolate are helping to protect others from the virus and should not be “penalised for doing the right thing”. He went on to say, “I can today announce that the health secretary will bring forward, as part of our emergency coronavirus legislation, measures to allow the payment of statutory sick pay from the very first day you are sick instead of four days under the current rules. And I think that’s the right way forward. Nobody should be penalised for doing the right thing.”

The aim of this emergency legislation is to ensure people with coronavirus do not feel financial pressure to come into work and risk spreading the disease and should therefore only apply to those who have coronavirus opposed to those who choose to self-isolate as a precaution, but this is still unclear.

Although the full details of the emergency legislation and the changes have not yet been revealed, these will no doubt follow in the coming days but we understand at this stage that the change will only be temporary during the period of the coronavirus outbreak, but in the meantime it may effectively apply to all illnesses.

Quite obviously there will be immediate implications for Employers, not least an increase in sick pay costs (employers have been unable to reclaim SSP since April 2014 when the Percentage Threshold Scheme (PTS) was scrapped) but there are potential future implications too. There is every likelihood that unions will argue these new rules should apply to all illnesses, all the time, not just because of the coronavirus outbreak and it could lead to renewed calls for a full review of the current SSP scheme which unions have often said doesn’t protect workers who don’t earn enough to qualify for SSP and doesn’t pay enough for those that do.

This was evidenced in comments made by Frances O’Grady, general secretary of the TUC following today’s government announcement when she said it was ““an important step but not enough.” She went on to say, “Two million workers still don’t earn enough to qualify for statutory sick pay. They can’t afford not to work. And statutory sick pay still isn’t enough to live on.”

Today in the UK we have seen the biggest day-on-day increase in coronavirus cases, bringing the total number to 87 and all indications are these numbers will continue to rise putting more pressure on businesses across the UK, and beyond.

For more information about the implications for employers, check out our article – Coronavirus – Employment Law and HR Implications for Employers.

Bookmark our blog and/or subscribe to our newsletter for regular updates.

Additional Advice and Support

If you are an employer who requires assistance with any of the issues raised here, call us now on 0800 612 4772 or Contact us via our website.

Other Useful Resources:

https://www.nhs.uk/conditions/coronavirus-covid-19/

https://www.gov.uk/guidance/wuhan-novel-coronavirus-information-for-the-public

https://www.gov.uk/guidance/contacts-phe-health-protection-teams

https://www.hps.scot.nhs.uk/a-to-z-of-topics/covid-19/

Coronavirus | Employment Law & HR Implications for Employers

Posted on 3 March 202013 November 2023 by @deliver_els

When business continuity is put at risk by a crisis and/or people related threats like the seemingly rapid spread of the coronavirus (COVID-19), the HR issues this creates for Employers can significantly compound matters.

The first priority for Employers is to consider the health and safety of employees.

During a pandemic or crisis, a business must keep itself and employees informed about related health risks.

Health and Safety Actions could include:

Having a system or means to keep abreast of government advice on any current issue, as it develops. This can be an internal system or one that has been established via a third party such as a law firm or risk management business.

Keeping everyone updated on actions being taken to reduce risks of exposure in the workplace. Employers must ensure that:

contact data (email, work telephone, personal telephone and address) held within any such system is reviewed and updated on at least an annual basis to account for the common regular change in personnel and personal data; and

there is an emergency communication system in place in the event that normal means of communication cannot be accessed or utilised. An example of this is where email functionality is not available, and a business needs to turn to personal telephone contact details.

Fundamentally, in the event of a pandemic, the Employer must also take steps to ensure that there is good hygiene in the workplace (based on the facts and science of the pandemic itself) and that working practices do not pose undue risks to employees. Actions could include:

Reviewing systems of hygiene to ensure that they provide appropriate protection. In the case of influenza pandemic for instance, staff need to be encouraged to regularly wash their hands with soap, to carry and use tissues and sanitising hand gel. Practically, training or communications to all staff about why these practices are required often boosts compliance beyond a simple mandate about doing so.

Increasing the cleaning of hard surfaces in the workplace, particularly phones and door handles.

Carrying out a cost/benefit analysis for offering flu injections (or any similar preventative measure depending on the pandemic) to the workforce. Communicating the potential benefits of the preventative measure for the employees, their families but also those who may be unable to have this (for example, those who cannot have it due to allergies) may help to increase the uptake.

Carrying out a risk assessment to identify any higher risk groups, such as those who have a high level of contact with each other.

HR Issues for Employers

At the same time the health and safety issues are being addressed, employers also need to be prepared for the possible HR implications that may arise as a result of the spread of coronavirus (COVID-19).

Employee Absence and Sick Pay

The key thing to note is that the employer’s normal sick leave and pay entitlements still apply even if someone has coronavirus. As always, an Employer’s obligations in respect sick pay depends on why the employee is absent.

Employee with Coronavirus

If employees are unwell with coronavirus, then your normal sick pay policies and procedures should apply. Employees who believe they have coronavirus may be instructed by their GP to self-isolate for 14 days and so may not be able to produce a Fit Note in the usual way. Employers should take this into consideration and consider relaxing their normal sickness policies in these circumstances.

Self-Isolation or Quarantine

The advice from Government at the time of writing this article is that people who have visited the identified “high risk areas” must stay at home and self-quarantine for 14 days.

There is no legal (statutory) obligation to pay employees who are not sick but cannot work because they have been told by a medical expert to self-isolate, have had to go into quarantine or are abroad in an affected area and are not allowed to travel back to the UK but Acas recommends that it is good practice for employers to treat these scenarios as sick leave and follow their normal sick pay policy, or agree for the time to be taken as holiday.

Employers who choose not to do this could exacerbate the problem because there’s a risk an employee in this situation could come to work because they need to get paid and this could then spread the virus, if they have it, creating even more problems for Employers.

Time Off for Dependants

Under current UK Employment Law, employees are already entitled to unpaid time off to look after someone who depends on them in an unexpected event or emergency and this would apply to coronavirus situations where an employee’s dependant is sick or needs to go into isolation or hospital, or if schools are closed and they need to look after their children.

Normally, the amount of time off an employer would consider reasonable in unexpected events or emergencies would be two or three days but the time allowed must be reasonable for the situation which, in the case of coronavirus and self-isolation, may need to be much longer. If employees need to stay off to look after dependants or ask to stay away from work because they are generally concerned about coronavirus, then they could be offered:

home working
holiday;
unpaid leave; or
Flexible working

Employer Imposed Absence

Where an employee is suspended by their employer on health and safety grounds, because of a possible risk of infection, it is likely that they have the right to continue to receive full pay (in the absence of a contractual provision to the contrary). Where an employee is willing and able to perform work in accordance with the contract, there is an implied term that the employer has an obligation to pay wages, unless there is a contractual right not to do so.

If you inform employees that they must stay away from work as a general ‘precaution’ then it is recommended that those employees should be paid their normal salary, but the Government is currently encouraging businesses and schools to remain open and operational so suspension of employees for medical reasons may not be an issue for Employers.

Common-sense and Flexibly

Each case should be assessed on the facts and employers should avoid knee-jerk reactions. The issues created by an outbreak of coronavirus are not normal and therefore the normal approach to absence don’t apply for coronavirus related absences. Employers should also exercise caution and think carefully before using coronavirus related absence to trigger warnings under absence management policies.

Advice and Support

If you are an employer who requires assistance with any of the issues raised in this blog call us now on 0800 612 4772 or Contact us via our website.

Latest update: https://employmentlawservices.com/emergency-legislation-on-statutory-sick-pay-announced-by-prime-minister/

Useful Resources:

https://www.nhs.uk/conditions/coronavirus-covid-19/

https://www.gov.uk/guidance/wuhan-novel-coronavirus-information-for-the-public

https://www.gov.uk/guidance/contacts-phe-health-protection-teams

https://www.hps.scot.nhs.uk/a-to-z-of-topics/covid-19/

Adverse Weather & Employment Law – Guidance For Employers

Posted on 14 February 20207 June 2023 by @deliver_els

The impact poor weather may have on Employers will be determined by the decisions they make, many of which may be based on issues completely out of their control, but those decisions and the way the issues they create are handled will ultimately determine the full legal / HR implications.

Key questions for Employers:

What if an Employer decides to close the business temporarily due to poor weather conditions? Do staff still need to be paid?
What if an Employer does open for business but staff can’t make it in because of the weather? Is this unauthorised absence? Should absent staff be paid?
What if some staff make it in but other staff from the same area don’t, should they face disciplinary action?

Employer Initiated Closures

If an Employer decides to temporarily close their business due to extreme weather conditions they are effectively laying-off their staff, albeit temporarily. However, unless there is a contractual right to lay employees off without pay, or employees expressly consent to being laid off without pay, Employers are obliged to pay staff their normal pay for the duration of the lay-off.

Employee Initiated Absence

Employees are protected by a number of statutory rights, some of which may apply in instances of extreme weather where schools or childcare facilities are themselves suspended due to poor weather.

Employers should start with a full review of existing HR policies. Do you have an absence policy? Does it include an ‘adverse weather policy’? Having such a policy can help provide clarity when unpredictable weather causes challenges and can confirm what the company’s expectations are in terms of absence, what options are available to staff (eg. parental leave) and what the company’s pay arrangements in will be in these circumstances.

Employees have a right to time off for dependants and could invoke this right if schools or childcare provisions are cancelled due to adverse weather. Equally, qualifying parents have the right to take unpaid time off work to look after their children or make arrangements for their welfare. Effective staff absence and absence management polices as part of a thorough employee handbook containing critical HR policies is essential in acting as a point of reference when issues arise and can help make life less difficult and costly for Employers.

At Employment Law Services (ELS) we specialise is protecting businesses and helping them prevent problems by providing them with legally compliant contracts of employment and comprehensive Employee Handbooks tailored to meet their specific requirements.

How Can You Avoid Getting Caught Out?

Contact Us – we will undertake full review of your current arrangements and provide you with our findings and recommendations.
Ensure you have appropriate contracts should be drafted and issued to ensure the nature of the working relationship is clearly determined.
Give us a call on 0800 612 4772 and we’ll help you to prevent problems and protect your business.

Valentines Day: 5 potential problems with workplace romances

Posted on 1 February 202012 June 2023 by @deliver_els

When a romance has been formed in the workplace, it can be difficult for the employer to put an end to it. The Human Rights Act 1998 states that everyone has the right to respect for their private and family life subject to a few limited exceptions.

We have looked at 5 potential problems that could arise from workplace romances and how to prevent these problems from occurring in the first place.

Policies on workplace romances

Employers should take a proactive approach towards office romances by having a policy that sets out guidelines for workplace dating – before problems occur. These policies should be clearly communicated to all members of staff.

Most employers will be ok with two colleagues having a relationship as long as this does not affect their work responsibilities. However, it is important to note that relationships between two parties where one has managerial authority over the other is likely to be frowned upon.

Conduct in the workplace

This policy should be used to define what conduct will be viewed as appropriate/inappropriate and what will result in disciplinary action.

A ban could be included within this policy on “intimate behaviour” during working hours. For example, kissing, holding hands etc.

One rule for all

As with all workplace policies, the rules should be applied consistently throughout the workforce, including senior members of staff. Rules set out in the policy should be applied to whatever the couples protected characteristics may be under the Equality Act 2010. For example, rules should not be more enforced to a same sex couple than they are to a heterosexual couple. This would be a clear case of sexual orientation discrimination.

When the relationship turns sour

In the event that two colleagues break up, employers may feel it would be appropriate to have a rule within its policy that requires employees in a personal relationship to inform their line manager if the relationship status changes. For example, if the two parties break up.

This would provide employers and managers with a good opportunity to address potential problems early on and remind employees of the behaviour that will be expected of them.

Workplace dating: romantic gesture or sexual harassment?

Employees with romantic feelings towards a colleague may wonder if asking them out would be viewed as sexual harassment?

As with many employment law questions, the answer is “it depends.”

The Employment Tribunal when deciding a sexual harassment complaint will always look at the context of the case.

For example, an employee asks out a colleague – the colleague declines – the employee accepts this rejection and does not push any further. A sexual harassment allegation in this case would probably not stick.

However, an employee could have a valid claim for sexual harassment if the colleague persisted after the employee made their feelings clear.

How can EmployEasily Legal Services help?

If you are an employer who requires assistance with any of the issues raised in this blog contact us today for your free consultation 0370 218 5662.

Performance management guidance for employers

Posted on 9 October 201912 June 2023 by @deliver_els

Performance management is the process that employers use to maintain and improve the performance of their workforce so that organisational objectives are met.

Most performance management procedures will involve:

Employees being set performance targets
Performance meetings between managers and employees to discuss performance
Evaluating employees against their performance measures
Records of performance being taken

Why is performance management important?

Managing employee performance is critical to an organisation’s success. If the performance is not monitored then there are no standards, if there are no standards, employees will feel less inclined to perform to the best of their ability.

Further, it is an essential element of employment when getting things done. It gives employees and management structure that will help an organisation:

Motivate employees
Monitor employees and ensure that they are making valuable contributions towards the companies’ goals
Recognise and acknowledge the good work of employees
Detect and improve poor performance

How to get performance management right

Identify clear objectives
Think about what suits your organisation best
Be transparent about the full process
Consistently engage and consult with employees
Get senior managers on board

How can EmployEasily Legal Services help?

At Employment Law Services (ELS) we can offer training courses and e-learning on performance management for you and your team. We can also support through any individual issues that you may encounter.

If you are an employer who requires assistance with any of the issues raised in this blog contact us today for your free consultation 0370 218 5662.

Redundancy & Protective Awards

Posted on 27 September 201912 June 2023 by @deliver_els

Ex-Thomas Cook workers could be in line for thousands of pounds of extra pay.

When a business goes into administration or liquidation employees have a right to claim monies owed to them by the company but how this is claimed depends largely on their status as creditors.

Claims can be made on the National Insurance Fund via the Redundancy Payments Service (RPS), usually in the following circumstances:

1) By employees made redundant within the first 14 days of administration;

2) By those who have lost their jobs on company liquidation;

3) By preferential creditors (members of staff) who were retained during the initial administration period, but who have been unable to claim all monies owed to them from the sale of business assets.

However, where there has been complete failure by the employer to consult with employees regarding their dismissal, you can still make a claim for an additional “Protective Award” even if your employer becomes insolvent, and the tribunal is likely to award a payment of 90 days’ pay to each employee.

What is a Protective Award?

A Protective Award is an award of compensation of up to 90 days’ gross pay, that can be awarded by an Employment Tribunal, for failure by your employer to collectively inform and consult you where you have been dismissed on the grounds of redundancy and the government’s National Insurance Fund would cover your award.

How to Make a Claim

If you are interested in making a Protective Award claim against your former employer, contact Employment Law Services (ELS) for free initial legal advice. There are very strict time limits for bringing these claims and they must be brought within three months less one day of the date of your dismissal so please contact us as soon as possible.

New Vento Bands For Injury to Feelings Awards

Posted on 5 April 20199 June 2023 by @deliver_els

There are new ‘Vento’ guidelines for injury to feelings awards in discrimination claims presented after 6 April 2019.

The new bands are:

lower band (less serious cases): £900 to £8,800
middle band: £8,800 to £26,300
upper band (the most serious cases): £26,300 to £44,000

This annual update to the Vento guidelines, setting out the bands of awards for injury to feelings, adjusted for inflation, is taken into account by Tribunals when considering what to award for damages in discrimination cases as a remedy for the hurt, humiliation and degradation suffered by the employee and is considered separately from any claim for financial loss such as loss of earnings.

The EqA 2010, most of which took effect on 1 October 2010, brought together and strengthened the previous discrimination legislation. It is concerned with discrimination in respect of the “protected characteristics” of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

An employer can be “vicariously liable” for discrimination or harassment committed by an employee in the course of employment. However, there is a defence available to an employer if it can show that it took all reasonable steps to prevent the employee from doing the discriminatory act or from doing anything of that description, commonly known as a “statutory defence”.

How can Employment Law Services (ELS) help?

At Employment Law Services (ELS) we can offer advice and support to Employers to help them to ensure they have taken all reasonable steps to prevent discrimination including, drafting appropriate HR policies and procedures, offering training courses and e-learning on equality and diversity and bullying and harassment and support with any individual issues that you may encounter.

If you are an employer who requires assistance with any of the issues raised in this blog contact us today for your free consultation 0800 612 4772.

The new bands are:

New National Minimum Wage Rates – 1 April 2019

Posted on 1 April 20199 June 2023 by @deliver_els

New National Minimum Wage (NMW) and National Living Wage (NLW) Rates take effect from 1 April.

	Old Rate	New Rate	Increase (%)


25 years +	£7.83	£8.21	4.9%
21-24 years	£7.38	£7.70	4.3%
18-20 years	£5.90	£6.15	4.2%
16-17 years	£4.20	£4.35	3.6%
Apprentice rate	£3.70	£3.90	5.4%

The national minimum wage (NMW) is a prescribed minimum hourly rate of pay which employers must legally pay to most of their workers. The legislation which underpins the NMW is highly technical in nature and many employers have unintentionally fallen foul of the rules and have, in addition to being hit with sizeable financial penalties, have been named and shamed for underpaying their workers.

Employers must keep sufficient records to establish that workers have received the NMW and it will be presumed that the worker has not received the NMW unless the employer can prove to the contrary.

The NMW is enforced by HMRC. The enforcement measures available to HMRC include service of notices of underpayment, civil penalties, “naming and shaming”, recovery of underpayments through tribunals or civil courts, and criminal prosecution. HMRC’s policy on using these measures is set out in BEIS: National Minimum Wage Law: Enforcement.

If you are unsure about what records you need to keep and/or how long you need to keep them don’t hesitate to contact us.