Employment Law Advice Archives | Page 3 of 6 | Employment Law Services (ELS) LTD

Time off for dependants: advice for employers

Posted on 3 August 201812 June 2023 by @deliver_els

From the first day of employment all employees have the right to time off to care for a dependant. Under s57a and s57b of the Employment Rights Act, all employees are entitled to a “reasonable” amount of unpaid leave. However, what is deemed as reasonable can be fact specific.

Who is a dependant?
A dependant is someone who relies on the employee for care, which can vary from a spouse, partner, child, parent or someone who depends on the employee, for example an elderly neighbour.

When can time off be taken?
• When a dependant falls ill, gives birth, is injured or assaulted;
• To make care arrangements for a dependant who has fallen ill or is injured;
• In consequence of the death of a dependant;
• To deal with an incident that concerns a child of the employee whilst in care of an educational establishment.

How much time off can an employee take?
An employee will be entitled to a reasonable amount of time off to deal with the emergency, but there is no set amount of time as it depends on the situation.
For example, if a dependant falls ill, an employee can take time off to take that child to the doctors and make care arrangements. An employer may then ask the employee to take parental or annual leave if they wished to stay off with the child for longer.

Does the employee have to give notice?
The employee does not need to give notice; however, they should provide the employer with a reason for the absence as early as possible and when they anticipate their return to work.

Should the employee be paid for this time off?
No, an employer does not have a statutory obligation to pay employees for time off to care for dependants.

An employer must not:
• Treat employees unfairly for taking time off, for example refusing them training or promotion;
• Dismiss an employee or choose them for redundancy because they asked for time off for a dependant;
• Refuse an employee reasonable time off.

How can Employment Law Services (ELS) 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.

How hot is too hot to work?

Posted on 4 July 20189 June 2023 by @deliver_els

It doesn’t happen often, but when the country swelters in rising temperatures, it’s not everyone’s idea of fun.

Hot weather is great if you are lying on a beach or in your back garden, but not necessarily in the workplace. The Chartered Institute of Building Services have recommended the following temperatures:

Heavy work in factories: 13°c
Light work in factories: 16°c
Hospital wards and shops: 18°c
Offices and dining rooms: 20°c
Temperatures that differ substantially from this can pose a health and safety risk on the employee. When the workplace gets too hot it is more than just an issue of comfort. If employees get too hot, they risk dizziness, fainting and even heat cramps. High temperatures also mean that there is an increase in the likelihood of workplace accidents due to reduced concentration; slippery, sweaty palms, as well as an increase of discomfort of personal protective gear which can result in reduced protection through inappropriate usage or non-usage.

Employees at greater risk of heat stress include those over the age of 65, those who have medical conditions such as, obesity, high blood pressure or heart diseases and those that take medications that may be affected by extreme heat.

Legal position

The law says that an employer must provide a working environment which is as far as reasonably practical, safe and without risks to health. As well as this, employers should assess risks and introduce any necessary prevention or control measures.

There is no maximum temperature for workers, although the Workplace (Health, Safety and Welfare) Regulations state the temperature inside workplace buildings must be ‘reasonable.’ However, there is no consensus over what “reasonable” is and many workers are forced to work in temperatures which are not only uncomfortable, but which could damage their health.

The lack of legal maximum has been seen as a major problem. The Approved Code of Practice does set a minimum temperature along with guidance on how it can be achieved, however, no maximum. Because of this, health and safety representatives often find that employers refuse to accept arguments that they have to take action on high temperatures, yet, far more inclined to take action when it gets too cold.

The Approved Code of Practice sets out a few examples of what action employers can take to ensure a reasonably comfortable temperature when working, including:

insulating hot plants or pipes
providing air cooling plants
shading windows
sighting workplaces away from places subject to radiant heat

If this fails, the Code of Practice states further that employers should install cooling systems, increase ventilation or install fans.

What next?

While these regulations provide some guidance for employers, the lack of guidelines may well be exposing employees to a higher risk of heat stress.

In conclusion, it would appear that by maintaining a comfortable temperature in the work place will benefit both the employer and employee. Employees are able to continue working well in a comfortable environment and employers achieve a happy and productive workforce.

How can Employment Law Services (ELS) 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.

“Working people need more than vague promises” says the Trade Union Congress

Posted on 22 June 201812 June 2023 by @deliver_els

Summary of the Queens speech 2017: What it means for you

The Queens speech was delivered on the 21^st of June 2017 in the House of Parliament. The purpose of this speech was to define the Minority Government’s legislative programme that the UK will see take effect over the next two years.

Regarding employment issues, the speech revealed details on the Governments plans previously pledged in the General Election, however, not all pledges appeared to remain.

The speech commenced on the issue of Brexit, her Majesty stated: “My government’s priority is to secure the best possible deal as the country leaves the European Union.

“My ministers are committed to working with Parliament, the devolved administrations, business and others to build the widest possible consensus on the country’s future outside the European Union.

“A bill will be introduced to repeal the European Communities Act and provide certainty for individuals and businesses.”

It has been announced that the UK will continue to attract “the brightest and the best” however, this will be based on a new Immigration Bill which will see the end to EU rules on free movement for EU nationals in the UK. Further, EU nationals and their families will now be governed under UK legislation following Brexit.

In relation to technical education, the minority Government have planned to implement 15 technical education routes, which include “T-Levels”, these will be prepared based on standards required from employers.

In May 2017, the Conservative Party had pledged to introduce ethnicity pay gap reporting, however, the Queen failed to go into great detail on this in her speech. She stated: “My Government will make further progress to tackle gender pay gap and discrimination against people on the basis of their race, faith, gender, disability and sexual orientation.”

The Conservative Party’s general election manifesto involved the extension of protections under the Equality Act 2010. At present, an individual must have suffered for 12 or more months for it to be classed as a disability under equality legislation. The Tory’s had pledged to cut this requirement…… There was no further mention of this in the Governments legislative plans on Wednesday.

In addition, the Government have failed to mention scrapping the 1% pay cap on public service workers, despite the pressure that has been put on the Prime Minister since losing out on a majority Government.

In response to the speech, Frances O’Grady who is the General Secretary of the Trade Union Congress commented: “The election showed that working people are fed up with an economy that doesn’t work for them – but the government still isn’t listening.”

“The Queen’s Speech makes vague promises but says nothing about the changes working people need right now – like banning zero hours contracts or making gig economy employers treat their workers fairly.”

“Nor is there anything in this Queen’s Speech to end the year-on-year real-terms pay cuts that are hitting brave and dedicated public servants, and pushing nurses into using foodbanks.”

“Workers’ rights will be put at risk by the Great Repeal Bill. It will allow ministers to bypass parliament and erode rights that come from the EU – like paid holiday and protections for part-time and agency workers. The bill must contain a specific provision to stop ministers going back and undermining the rights of working people.”

How Can We Help?

If you are unsure about how these potential changes to employment law might affect your business, or simply want to check your company’s compliance generally, contact us and we will undertake a full review of your current arrangements and provide you with our findings and recommendations. Call us now for your free consultation – 0800 612 4772

Employers – Avoid an Own Goal During FIFA World Cup 2018

Posted on 15 June 20188 June 2023 by @deliver_els

Introduction

The 2018 FIFA World Cup started yesterday and will run until 15 July. Whilst this will no doubt excite football fans others will be less excited, including many Employers, not least due to the difficulties it could cause them.

The not so good news for UK Employers

With kick off times ranging from 1pm to 7pm staff could still phone in sick, or worse simply not turn up in order to watch matches and this could have serious implications for Employers.

To help Employers better understand the risks and equip them with tools to better manage the situation and create a positive outcome for both employer and employee, we’ve outlined below the keys points Employers should consider.

Potential Issues Employers Might Face

Unauthorised absence;
Staff being drunk / under the influence of alcohol at work;
Inappropriate conduct by employees – discrimination, racism, bullying or harassment;
Increases in holiday requests from both football and non-football fans alike.

Ways Employers Could Avoid Issues

1. Ensure You Have Clear Policies in place including:

Sickness & Absence Policy
Code of Conduct
Discipline & Grievance Policy
Bullying & Harassment Policy
Drugs & Alcohol Policy
Equality & Diversity Policy
2. Manage absenteeism in advance.
- Make it clear to employees that absences without authorisation will not be paid and may lead to action under the Disciplinary Policy.
- Utilise Return to Work Interviews to identify and address fake sickness absence or absent resulting from post-match hangovers
3. Reconsider Your Holiday Arrangements
- Relax caps on the number of employees that are allowed to be on holiday at one time
- Where staff have indicated they want to see certain matches, encourage them to take the time off as annual leave.
- Remember non football fans may make holidays requests during the same period and so you will need to ensure you treat all holidy requests fairly and equally. Granting a holiday request by a male employee but refusing a holiday request from a female employee could trigger a claim of sex discrimination!
4. Some Other Things to Consider
- Screening matches in a meeting room or communal area.
- Relaxing your Internet Policy and allow employees to stream matches on their PCs.
- You will need to ensure you have the appropriate licenses in place which allow screening or streaming of live TV within the workplace.
Events like this can create legal pitfalls for Employers, especially those who don’t have up to date HR policies in place. If you would like a free assessment or specific advice on this or any other employment related matter Contact Us today on 0800 612 4772 or alternatively request a Free Quote Now.

Mental Health Awareness Week 2018

Posted on 14 May 20189 June 2023 by @deliver_els

Mental health awareness week (14^th-20^th May 2018) focuses on stress and how we cope with it.

This blog will look at helping employers and employees create a mentally healthy working environment where everyone feels valued and supported.

What is mental health?

Mental health includes a person’s emotional, physiological and social well-being. It affects how we think, feel and act. It also determines how we handle stress, related to others and make choices.

Why is recognising and addressing mental health so important?

Employees who feel good about themselves tend to work more productively, interact better with others and bring value to the workplace.

A survey, commissioned by the Mental Health Foundation and Mental Health First Aid England found that a quarter of millennials said they put their health at risk to do their job, compared with 18% of baby boomers – those aged between 53 and 71.

A study conducted by the Chartered Institute of Personnel and Development (CIPD) highlights the impact mental health has on the workplace. The main findings of this study were:

57% find it harder to juggle multiple tasks
80% find it difficult to concentrate
62% take longer to do tasks
50% are potentially less patient with customers/clients

Here are a few simple steps you can take to ensure your workplace is mentally healthier:

(1) Recognise that all employees have mental health

It is important that employers are aware that all employees have mental health, in the same way an individual has their physical health. Both can deteriorate from good to bad, depending on circumstances that may be going on in and out of the working environment.

(2) Keep in contact with employees who are off with a mental health issue

You should find the right balance when keeping in touch with an employee who is off sick, employers should be aware that the longer an employee is off with a mental health issue, the less likely they are to return to work. This is because they will begin to lose confidence and feel kept in the dark from the business. Therefore, whilst an employee is off on long-term sick leave, employers and managers should:

Be clear the business will support the employee during this period and their job will still be there when they return
Keep employees in the loop about important developments at work
Have an open door policy so the employee can approach you at any time with concerns they may have

(3) Culture

Employers should develop a mental health policy, by doing this employee’s will be reassured that the business cares for their wellbeing. Having these policies in place will create an overall awareness in the workplace and encourage individuals to talk about mental health.

(4) Communication

Employers should use staff newsletters, posters and other internal communications to promote mental health awareness. As well as this, introducing discussions into staff meetings can be used as an opportunity to check in with how employees are feeling.

(5) Ensure all managers are properly trained

By training up managers, employees will be reassured that their management team is educated in mental health matters, meaning they will feel more inclined to come forward and discuss any problems they may be having in and out of the working environment.

(6) Zero tolerance to bullying policies

All employers should ensure there is a zero-tolerance approach taken to bullying in the workplace. It should be communicated in these policies that those found guilty of such conduct will be subject to disciplinary action.

Employment Law Support for Employers

If you are an employer and require employment law advice on workplace policies or any other employment issue give us a call today on 0370 218 5662. You can also find out more about our fixed fee HR packages here and fixed fee employment law packages here, or get in touch.

Supporting employees during Ramadan 2018

Posted on 26 April 201812 June 2023 by @deliver_els

This year Ramadan begins on the 16^th May and will last for 30 days, until the 14^th June. Ramadan is the 9^thmonth of the Islamic calendar and is observed by Muslims worldwide as a month of fasting to commemorate the first revelation of the Quran.

Throughout this period, Muslims will fast and engage in extra prayers and worship. Therefore, it is extremely important employers are aware of their obligations towards their Muslim employees.

What does the law say?

In the Equality Act 2010, religion or belief can mean any religion. For example, an organised religion like Christianity, Judaism, Islam or Buddhism, or, a smaller religion like Rastafarianism or Paganism. Legislation also covers those with no beliefs or lack of beliefs.

Therefore, it will be viewed as unlawful should you treat an employee less favourably because of their religion or beliefs.

Have workplace policies on religious observance

Employers should have workplace policies regarding religious observance during working hours. This will ensure the workplace is consistent and managers are aware of what they can do to support employees. Lack of policies or failing to support your employees will expose the business to complaints of religious discrimination.

Employers and managers should be considerate and understanding

Throughout Ramadan, managers should be mindful of Muslim colleagues and offer support to help manage their workload. Employers may find that the productivity levels of employees who are fasting are affected, thus, employees should not be unduly penalised or criticised in the even that they lose productivity during fasting hours.

Flexible working

Where possible, employers may wish to consider implementing flexible working arrangements during Ramadan, all of which should be clearly set out in the workplace religious observance policy. In this instance, employees may prefer to start working earlier and work right through lunch in order to finish early. Employers will find that productivity is less likely to be affected when employees are granted the right to work flexibly during Ramadan.

Be corporative with holiday requests

With Ramadan ending in the middle of June this year, Muslim employees may wish to take annual leave to allow them to celebrate Eid with friends and family. There is no automatic legal requirement to time off, however, employers and managers should try their best to accommodate any requests during this time period.

Should an employer decide to refuse an employee time off following Ramadan, there should be a clear and fair reason provided as to why their annual leave request cannot be accommodated at that time.

How can Employment Law Services (ELS) Help?

If you require employment law advice on any of the issues raised in this article, or any other employment issue give us a call today on 0370 218 5662. You can also find out more about our fixed fee HR packages here and fixed fee employment law packages here, or get in touch.

EAT says father who was refused enhanced shared parental pay was not discriminated against!

Posted on 16 April 20188 June 2023 by @deliver_els

The Employment Appeals Tribunal (EAT) has ruled it is not discriminatory to refuse a new father enhanced pay whilst on shared parental leave.

In Ali v Capita Customer Management the judge held that the Employment Tribunal (ET) had failed to take into consideration the purpose of paid maternity leave when it reached its decision and ruled that it was not a matter of discrimination refusing the father the same rights as the new mother following the birth of their child.

In 2017, the ET held it was direct sex discrimination to allow Mr Ali only 2 weeks leave on full pay, when female employees were allowed 14 weeks maternity leave with full pay.

In this case, Mr Ali’s wife had been advised by her GP to return to work early to help with her post-natal depression. Mr Ali’s employers granted him 2 weeks fully paid paternity pay and a number of weeks paid annual leave following the birth of his child.

However, Mr Ali’s employers had only offered statutory minimum pay thereafter, this meant that once he had taken his 2 weeks paternity leave, everything after would be a substantial loss in earnings.

Mr Ali lodged a complaint to the ET claiming that his employers refusing to pay him the same rate as his partner was direct sex discrimination. His employers appealed this, arguing that Mr Ali could not compare his situation to the new mother on maternity leave as he was not the one who had given birth.

The ET responded agreeing with Mr Ali, arguing that he had not compared himself to the mother who had given birth. Suggesting further, that after the initial two – week recovery period that is specific to a baby’s mother, a female employee on maternity leave was an appropriate comparator; it was irrelevant that Mr Ali had not given birth.

Last week, Capita Customer Management won its appeal against the ET decision.

The EAT held that the ET had poorly interpreted Mr Ali’s circumstances. Arguing that the purpose of maternity pay and leave is to recognise the “health and wellbeing of a woman in pregnancy, confinement and after recent child birth.”

Working Families’, Chief Executive, Sarah Jackson said: “We intervened in this case because the particular workplace disadvantage women face having experienced pregnancy and child birth must continue to be recognised in law. Only women can experience child birth and maternity leave is to protect a women’s health and wellbeing – it cannot simply be equated with ‘child care’.”

However, she does highlight the importance of providing men with greater childcare rights. “We have long called for greater rights and pay for working fathers – including a properly – paid, standalone period of extended paternity leave for fathers – but these should complement, not undermine, the rights of working mothers.”

Employers will be happy to hear they do not have to take any drastic measures to amend workplace policies immediately. However, they should be aware of any potential risks and challenges that may be made by male employees and be fully prepared to proceed with complaints should they arise.

How Employment Law Services (ELS) Can Help Employers?

Employers concerned about any of the issues raised in this article can take advantage of Employment Law Services (ELS) free consultation service – call us today to arrange your free consultation – 0800 612 4772.

How to manage a disgruntled ex-employee

Posted on 4 April 20189 June 2023 by @deliver_els

As an employer, you will eventually experience a disgruntled ex-employee. The problem with an angry former employee is they pose a risk to your business. Therefore, the sooner this situation is addressed, the better.

All employers should ensure they take the following steps:

(1) Arrange An exit interview with the employee

When an employee hands in their letter of resignation, employers should arrange an exit interview to allow them to understand their thoughts and reasoning behind the resignation.

In the exit interview, the employee should be reminded of their contractual duties whilst working their notice. For example, the employee may be reminded of clauses in connection to confidentiality and accessing company records.

If it states in the employment contract things they should not do when leaving the company, they should be reminded of this too and that the company will deal with any breaches.

(2) Ensure you have robust contracts of employment in place

Post termination restrictive covenants are contractual clauses which may be set out within a contract of employment. If this is the case, employers should use them when an employee hands his/her notice in.

The most common restrictions an employer may place on an employee who wishes to terminate the employment relationship are:

General confidentiality clauses; these make it unlawful for the employee to disclose sensitive information about the organisation and its clients
Non-solicitation clauses; this means the employee cannot approach the organisations existing clients when the employment has been terminated
Non-dealership restrictions; such clauses prevent the employee from doing business with the organisations clients after they leave the employment

(3) Have everything documented

Since the Supreme Court made the decision to abolish tribunal fees in July 2017, employees can now bring a claim to the Employment Tribunal without that financial barrier. It is therefore extremely important that employers document everything to minimise risks associated with the Employment Tribunal. Employers should keep all important documents, including, the employee’s resignation letter and any minutes taken at the exit interview.

How can Employment Law Services (ELS) Help?

Bank Holidays: 5 things every employer should know

Posted on 28 March 20187 June 2023 by @deliver_els

Everyone loves a bank holiday, unless you are an employer trying to work out your obligations and your employee’s rights. As we approach the Easter bank holiday, here is what you need to know:

(1) There is no statutory right for employees to have bank holidays off work. An employee’s right to time off will depend on the employee’s contract of employment.

(2) There is no statutory right to extra pay; for example, should an employee work a bank holiday, they will not be entitled to time and a half. Any right to extra pay will depend on the provisions of the employment contract.

(3) Part time workers should not be treated less favourably than full time workers. To follow best practice guidelines, employers should give part time employees a prorated allowance of paid bank holidays, regardless of whether or not they normally work on the days on which bank holidays fall.

(4) If the employment contract states an employee will be required to work bank holidays, they cannot refuse this, even on the grounds of religious reasons. However, it is important to note, refusal to grant Christian employees time off for any of the bank holidays with religious significance could expose you to indirect religious discrimination claims.

(5) If the employment contract states that employees are entitled to “statutory entitlement plus bank holidays”, this no longer means 20 days leave plus 8 bank holidays. In 2009, the statutory minimum leave was increased from 4 weeks to 5.9 weeks, thus, this wording would grant 28 days holiday with 8 bank holidays on top. Employers should check the wording in their employment contracts to determine if this is an issue.

How can Employment Law Services (ELS) help?

When does the NMW and Living Wage increase?

Posted on 1 March 201812 June 2023 by @deliver_els

Last week the Government announced a huge change for UK workers – Here is what you need to know:

Following on from the Budget in November 2017, Chancellor Phillip Hammond has announced that there would be an increase in the amount people will be entitled to earn in 2018.

The National Minimum Wage (NMW) is the minimum pay per hour most workers under the age of 25 are entitled to by law.

The government’s National Living Wage (NLW) is the minimum pay per hour most workers aged 25 and over are entitled to by law.

The NLW is to increase from £7.50 to £7.83 per hour while the NMW will increase as follows:-

21 to 24 year old rate from £7.05 to £7.38 per hour
18 to 20 year old rate from £5.60 to £5.90 per hour
16 to 17 year old rate from £4.05 to £4.20 per hour
Apprentice rate from £3.50 to £3.70 per hour

How can Employment Law Services (ELS) help?