Employment Law Advices for Employers Archives | Page 2 of 7

An employer’s guide to Christmas employment issues

Posted on 27 November 20187 June 2023 by @deliver_els

With Christmas only 4 weeks away, the employment issues surrounding this holiday often create a HR headache for employers. This blog is intended to arm employers with the correct knowledge and guidance to help make the festive season as stress free as possible.

1. Overtime

If an employee has normal working hours, overtime usually means any time you work beyond these hours. Normal working hours will be set out within the employment contract. It is important to note, that despite how busy you are with the working year coming to an end, you can not force employees to work overtime unless the employment contract states otherwise.
The Working Time Regulations sets out that employees do not have to work more than 48 hours per week on average. If an employee wishes to work beyond the 48-hour limit, they must put this in writing. This is otherwise known as the opt-out agreement.

2. Managing client gifts

No matter how well intended a client’s gift may be, the potential exists for impropriety. And, whilst it may be flattering to be in receipt of the gift, employers and employees should remain cautious before accepting a client’s token of appreciation. Accepting gifts of high value, could be viewed as something that has potential to influence the professional relationship.
In addition, if a high-valued gift is viewed as giving someone a financial advantage to prompt that person to carry out their duties or activities improperly, accepting the gift may result in an offence under the Bribery Act 2010.
Therefore, all employees should be reminded of the rules and policies on accepting client gifts. For example, all gifts received should be entered into a register and no gifts of a certain value should be accepted without prior consent from a line manager.

3. Winter sickness bugs

With the cold and flu spreading more easily in the winter months, employees are more likely to catch illnesses and pass them on. Given the high costs that are associated with short-term sickness, employers should ensure that they have in place an easily implemented sickness absence policy, including who should be the point of contract during the absence, what evidence will be required, sickness pay details and return to work interviews.

4. Adverse weather conditions

As an employer, it pays to be fully prepared for whatever weather the winter throws at you – whether its wind, rain, storms, snow or ice.

So, what issues should you keep in mind?

• You are not legally obliged to pay employees if they do not come into work because of the weather
• You should have a policy that outlines this
• Try to be flexible where possible – can you both come to a short-term arrangement in which the employee can work from home until the weather improves?

5. Dress code and Christmas jumpers

Some employers choose to relax their dress code at Christmas. Allowing employees to dress down and wear Christmas jumpers can help bring some festive cheer into the workplace. However, employers should be cautious about the wording when notifying employees about this, ensure they know Christmas jumpers and casual dress is optional and not compulsory. In addition, employers should be sensitive to employees who do not celebrate Christmas or do not wish to dress any differently at this time of year.

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.

The law on payslips is set to change by April 2019: Start preparing now!

Posted on 6 November 201812 June 2023 by @deliver_els

Providing your employees with payslips is generally a routine process that does not require a lot of thought behind it.

Under UK law, a payslip should be issued to all employees each time they are paid. Employers do not need to issue payslips to non-employees, this includes contractors, freelancers and workers. There are further exceptions made for the police service, merchant sea men and master or crew members working in share fishing.

At present, the law states that an employee’s payslip should be issued on or before pay day and should set out the following:

• Earnings before and after any deductions
• The amount of deductions that may change each time the employee is paid, for example, tax and national insurance

As of April 2019, employers will need to state how many hours all employees and workers are being paid for on the slip. This is because workers who have not been receiving a payslip up until now have been seen to struggle when attempting to calculate what deductions are being taken from their pay. And, if the pay calculated does not support what it states on the payslip, they are able to dispute this more easily in front of an Employment Tribunal.

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.

2019 Budget: National Living Wage set to increase by almost 5%

Posted on 31 October 20187 June 2023 by @deliver_els

The National Living Wage, which is the statutory minimum wage for those aged 25 and over, has to rise to £8.21ph from April 2019 – which means an additional £690 annually for low paid workers.

The Low Pay Commission (LPC), which recommended the increase, have anticipated that the increase will see almost 2.4 million workers throughout the UK better off.

In addition, the Government have accepted all of the LPC’s recommendations for the following NMW rates:

• 21- to 24-year-olds will increase by 4.3% from £7.38 to £7.70 per hour;
• 18- to 20-year-olds will increase by 4.2% from £5.90 to £6.15 per hour;
• 16- to 17-year-olds will increase by 3.6% from £4.20 to £4.35 per hour;
• Apprentice rates will increase by 5.4% from £3.70 to £3.90 per hour; and
• The accommodation offset will increase by 7.9% from £7.00 to £7.55.

“The increase in the national living wage (NLW) to £8.21 in April 2019 will ensure a pay rise for the lowest-paid workers that exceeds both inflation and average earnings.

“Over the past year, the labour market has continued to perform well and the economy, while subdued, has met the criteria of ‘sustained growth’ set out in our remit for the NLW. We therefore recommended an increase in line with a path to 60 per cent of median earnings by 2020.” Said Sanderson, who is the chair of the LPC.

He added further: “We recommended real-terms increases to the national minimum wage (NMW) rates for younger workers and apprentices, as the labour market conditions for these groups remain strong. These rates will continue to rise faster than both inflation and average earnings.

“We opted for smaller increases than we recommended last year because of slightly weaker labour market conditions for young people, combined with insufficient evidence to fully understand the impact of the largest increases in a decade implemented in April of this year. However, next year’s will still be some of the highest increases on record.”

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.

HR Health Check

Posted on 17 October 20189 June 2023 by @deliver_els

How healthy is your business? To find out, answer these simple questions below.

1. Do all your employees have a written contract of employment? Y/N
2. Are these contracts of employment issued within the first 8 weeks of their employment commencing? Y/N
3. Do you have job descriptions for all roles within the organisation? Y/N
4. Do you check that all employees have the right to work in the UK? Y/N
5. Do you have a staff handbook? Y/N
6. Do you have written disciplinary and grievance procedures? Y/N
7. Do your policies and procedures comply with employment legislation? Y/N
8. Do you have a probationary period for new hires? Y/N
9. Do you know the 5 reasons for a fair dismissal? Y/N
10. Do you have a clear procedure for dealing with absence? Y/N

Answers

If you answered yes to under 5 questions, you are at high risk and should take immediate action.

If you answered yes to under 10 questions, you are at moderate risk, there is room for improvement in this instance.

If you answered yes to 10 and more questions, well done! You are at low risk – your HR essentials seem to be in place.

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.

Employment Tribunal Guidance for Employers

Posted on 3 October 20188 June 2023 by @deliver_els

The Employment Tribunals (ET) are an independent judicial body established to resolve disputes over employment rights between employers and employees. Claims likely to be heard in the ET will involve matters on unfair dismissal, discrimination, wages and redundancy payments.

In July 2017, the Supreme Court unanimously held that ET fees were unlawful and must be quashed. In September 2018, the Ministry of Justice (MOJ) published tribunal statistics for April-June 2018 and across the boards the numbers are up!
Key figures include:

• Number of single claims lodged increased by 165% compared with the same quarter last year.
• The number of single claims outstanding rose by 130% compared with the same quarter last year.
• There have been 12,400 fee refund payments made since the fee refund scheme was introduced, totalling just over £10m.
• Disability discrimination cases had the largest average award (£30,700). Religious discrimination claims had the lowest average award (£5,100). The average award for unfair dismissal awards was £15,007.

If you are an employer and you have received an ET claim, it is crucial you act quickly and carefully to place yourself in the best position to defend the claim, or to reach a fair settlement agreement with the employee. At Employment Law Services (ELS), we have set out 5 top tips that should be applied when responding to a claim.

(1) Address the claim immediately

A tribunal claim is not something that should be set aside to deal with at a later date. Employers should have procedures in place to make sure that, when an ET1 is received, it is immediately brought to the attention of the appropriate people.
An employer should then make the decision on who is going to have the responsibility for dealing with the claim and begin working on the response.

An employer’s response should arrive at the ET office, on the appropriate form (an ET3), within 28 days of the date on which the claim was sent out.

(2) Evaluate the merits of the claim

Employees cannot submit an ET claim unless they have contacted the ACAS early conciliation service in the first instance. If both parties have gone through this process, the employer will probably already have knowledge of the employee’s complaint and had the opportunity to process its merits.

In this event, the employer should carefully carry out an assessment of the employee’s complaint and what defence they may have and then decide whether to fight the case or not.

Sometimes, employers discover that a settlement agreement is the less expensive option when weighing the costs of defending an ET claim. Settlement agreements are legally binding contracts which can be used to end an employment relationship on agreed terms. Once this document has been signed, the employee won’t be able to make an ET claim about any type of claim which is listed on the agreement.

(3) Focus on the issues relevant to the case

When responding to an ET complaint, it is crucial that employers focus on the employees specified allegations and any legal issues that may surround this. An employer’s response should be carefully drafted in as much detail as possible as they may not get the opportunity to introduce more information at a later date.

(4) Pay attention to detail

Whoever is in charge of drafting the ET3 must ensure that there are no inconsistencies and that all statements are factual and supported by the correct evidence.

(5) Submit the ET3 on time

An employer’s response form (ET3) should be submitted within 28 days of receiving the claim. This form can be submitted by using the online submission tool or returning the paper form.

The main thing to remember here is to ensure the tribunal office receive the form before the deadline, the form should not be sent on the 28th day. Employers may have the opportunity to apply for an extension, but this will be permitted at the judge’s discretion.

Fixed Fee ET work

Defending Employment Tribunal claims, or threats of a claim can be costly, but it doesn’t need to be. with Employment Law Services (ELS)’ Fixed Fee Employment Tribunal Representation offering, employers can save time and money. We understand how expensive, stressful, time consuming and distracting defending an Employment Tribunal Claim can be, even before the case ever reaches the hearing stage.

Negotiating the employment tribunal rules & procedures can be confusing & difficult but it doesn’t need to be. With our Fixed Fee Employment Tribunal Representation offering, employers can save time and money.

We believe this approach helps you control costs, minimise stress and wasted time and management resources, allowing you to continue to focus on your core business.

If you are faced with an Employment Tribunal claim, or threat of an Employment Tribunal Claim, Employment Law Services (ELS) can 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.

Parental Bereavement Bill receives Royal Assent

Posted on 27 September 201812 June 2023 by @deliver_els

The new Parental Bereavement (Leave and Pay) Act 2018 sets out that parents who suffer the death of a child under the age of 18 or a still birth from 24 weeks of pregnancy will be entitled to two weeks paid leave. It is expected that these new rights will be incorporated into the Employment Rights Act 1996 in 2020.

At present, most employees have the statutory right to a “reasonable” amount of unpaid time off under the Employment Rights Act, this is to allow them to deal with unforeseen matters or emergencies that involve a dependant.

The death of a child can have a severe impact on a parents’ physical and emotional wellbeing. Therefore, it is crucial that employers manage this difficult time carefully and see that the employee successfully returns to work in the future.

In 2016, a survey conducted by the charity, Child Bereavement UK disclosed that less than one third of British adults who were employed at the time of their loss said they felt supported by their employer. This figure highlights the need for improvement in this area.

New legislation

This Parental Bereavement (Leave and Pay) Act 2018 initially started off as a Private Members Bill, however, it has always been supported by the Government; who expressed: “This law makes parental bereavement leave a legal right for the first time in the UKs history. Losing a child is an unimaginable trauma. I am delighted we have reached this important milestone which so many people have campaigned for.”

The act sets out that:

• A bereaved parent will be entitled to take at least 2 weeks’ leave which must be taken in the first 56 days following the child’s death. This leave should be taken in blocks of 1 week and can be continuous or discontinuous;

• Leave can be taken in respect of each child if there is more than one child involved;

• The definition of a qualifying parent may be framed (in whole or part) by reference to the employee’s care of the child before he/she died (regulations will provide more detail on the definition);

• The rules about rights during that leave (and other family leave) also apply during bereavement leave, including the right to the same terms and conditions (other than in respect of pay) and (broadly) the right to return to the same role;

• The process that should be followed i.e. the requirement to give notice and provide evidence, will be set out within the regulations;

• The rates of pay will also be determined by the regulations, but in order to receive pay (rather than be able to take leave), a parent must have at least 26 weeks’ continuous service and received pay above the lower earnings limit for the last 8 weeks.

Employer considerations

• Employers should have well written bereavement policies in the workplace, this will equip employees with certainty and security during difficult times;

• Details regarding death should be kept private under data protection laws. Employers should consider asking the employee how much information they wish to pass on to their colleagues;

• It is important that employers are aware of the risk of racial or religious discrimination claims that may come as a result of refusing an employee time off for religious observances on death. This is because certain religions require a set time to mourn – For example, Muslims have certain set mourning periods, depending on the relation of the deceased relative.

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.

Latest Employment Tribunal Statistics | April to June 2018

Posted on 22 September 20189 June 2023 by @deliver_els

The MOJ has published the tribunal statistics for April to June 2018 and across the board the numbers are up!

Here are the key figures:

• number of single claims lodged increased by 165% compared with the same quarter last year.

• the number of single claims outstanding rose by 130% compared with the same quarter last year.

• there have been 12,400 fee refund payments made since the fee refund scheme was introduced, totalling just over £10m.

• disability discrimination cases had the largest average award (£30,700). Religious discrimination claims had the lowest average award (£5,100). The average award for unfair dismissal awards was £15,007.

This upward trend in Employment Tribunal claims is unsurprising following the abolishment of Tribunal fees in July 2017, and the figures above are reliable as April to June 2017 was the last full quarter when fees were in force.

Employers should take note of the significant increase in Employment Tribunal claims and ensure they have in place an effective risk management strategy to ensure compliance and adherence with employment legislation to prevent problems and protect their business from costly Employment Tribunal claims.

Our Fixed Fee Annual Retainer Service helps Employers to manage staff issues across all aspects of their employment, ensuring compliance and reducing risks. Find out more here: https://employmentlawservices.com/employment-law-advice/annual-retainer-service/

And if you have been unfortunate enough to have been one of the 10,966 Employers who had a claim against them in the current quarter, you may find our Fixed Fee Employment Tribunal Representation Service helpful. Find out more here: https://employmentlawservices.com/employment-law-advice/fixed-fee-tribunal-representation/

Discrimination because of religion or belief

Posted on 5 September 20188 June 2023 by @deliver_els

All employers should already be aware that treating an employee differently because they are Muslim, Jewish, Christian, black, white etc can result in legal action. But, can you be accused of discriminating against another person’s philosophical belief’s?

“Religious or philosophical belief” is one of the 9 protected characteristics under the Equality Act 2010. And unlike the rest, it can be a difficult one to define. As a result of this, the Employment Tribunal has heard many interesting complaints over the years from disgruntled employees arguing that their beliefs should be protected.

Cases from the past have established that various belief systems may be afforded protection under legislation. This came after the Tribunal held that beliefs in climate change, Rastafarianism and anti-hunting should be protected. Since then, it has been extended further to protect beliefs in higher purposes of public-service broadcasting as well as mediums and their ability to contact the dead.

Yet, there have also been some memorable failures in the system when establishing that a belief meets the foundations for discrimination protection.

For example, a belief that the terrorist attacks of 9/11 and 7/7 were authorised by the British and American Governments and that there was a worldwide media conspiracy, failed on the grounds that upon objective scrutiny, such beliefs were “absurd” and not cogent.

As well as this, a belief that people should wear a remembrance poppy from 2nd November until remembrance Sunday, was not enough to be considered as weighty and substantial to qualify.

Furthermore, the objection made to same-sex couples adopting children was held as a mere opinion and not a philosophical belief.

This blog should help guide employers through this legal minefield.

Discrimination defined

Direct Discrimination

Direct discrimination occurs when a person is treated less favourably than another person because of a protected characteristic they have or are thought to have.

Discrimination by association

This is applied to age, race, religion or belief, sexual orientation, disability, gender reassignment and sex.

Perception discrimination

Applies to age, race, religion or belief, sexual orientation, disability, gender reassignment, and sex. This is direct discrimination against an individual because others think they possess a particular protected characteristic. It applies even if the person does not actually possess that characteristic.

Indirect discrimination

Applies to age, race, religion or belief, sex, sexual orientation, marriage and civil partnership, disability and gender reassignment. Indirect discrimination can occur when you have a condition, rule, policy or even a practice in your company that applies to everyone but particularly disadvantages people who share a protected characteristic. Indirect discrimination can be justified if you can show that you acted reasonably in managing your business, i.e. that it is “a proportionate means of achieving a legitimate aim”

What amounts to a philosophical belief under the Equality Act 2010?

In the case of Grainger PLC v Nicholson, the Employment Tribunal set out 5 aspects on how to recognise a philosophical belief and concluded that the belief should be:

• Genuinely held;
• A belief and not just an opinion;
• A belief as to a weighty and substantial aspect of human life and behaviour;
• Sufficiently cogent, serious, cohesive and important;
• A belief that is worth of respect in a democratic society and compatible with human dignity and the fundamental rights of others.

Employer considerations

Most employers will already know that they have a duty to prevent discrimination in the workplace. Failure to do so can be costly and result in increased employee turnover and absenteeism, lower employee morale and productivity and high insurance costs.

Employers should take action to prevent discrimination from occurring in the first place. To achieve this, we advise you take the following steps:

(1) Familiarise yourself with all anti-discrimination laws;
(2) Develop and roll out a diverse anti-discrimination policy;
(3) Ensure all staff are sufficiently trained on anti-discrimination;
(4) Be ready to investigate complaints of discrimination or harassment;
(5) Examine all business decisions for unintentional discrimination.

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.

Employee Onboarding – 5 Best Practices to Improve Retention

Posted on 30 August 20188 June 2023 by @deliver_els

What is an onboarding process?

Onboarding is the procedure an employer should use to help a new employee acquire the knowledge and skills needed to become a successful member of the team. Onboarding should cover the following steps:

• Preparations prior to the start date;
• An introduction to tools used;
• Orientation of the office culture;
• A chance to meet the rest of the team;
• An evaluation of the full process afterwards.

Why is employee onboarding important?

SME business owners should view onboarding as an opportunity to ensure all new starts hit the ground running and grow to become loyal satisfied members of the team.

After all, you put a lot of management time and effort into finding the perfect candidate for the job. So, you should not stop there, employers should then put as much effort into ensuring that their new employee succeeds in their new position.

Communicate often and before the employment begins

Once you have selected the right candidate for the job, and before the employment commences, there are a few steps you can take to ensure the onboarding process runs smoothly and successful:

(1) Get the employees personal information; for example, the candidates name, title, national insurance number, proof of right to work in the UK etc;
(2) Notify all relevant departments; inform your HR support, payroll, IT and anyone else that may need the new employee’s personal details. Ensure that you follow up with all relevant departments and confirm they are prepared ahead of time for the new arrival.

It is advised that employers begin the welcome process before the employee arrives. The more information that your new employee has on your company and your plan for their first few weeks, the less nervous they will be on their first day. Before an employee starts, they should be aware of the following pieces of information:

(1) The companies dress code;
(2) Office hours;
(3) What time they should arrive on their first day;
(4) The schedule for their first week.

Introduce them to the team

Generally, the first day of employment will be filled with training and paperwork. If this is the case, you are missing the chance to really welcome someone to your team. Employers should:

(1) Give the new employee a proper tour of the office;
(2) Introduce the new employee to their colleagues (remember it is not easy being the new kid at school);
(3) Ensure their workspace is stocked, organised and ready for use.

Once the employment has started – set achievable goals

Give your new employee direction and realistic goals right from the offset. By setting easy-to-reach goals, your new employee will find instant success and feel motivated about their decision to join your business.

Explain the companies long term goals

You should explain to the new employee your future goals and vision for the company and let them know where they fit in that picture. Making your employee aware of their role in the company’s long-term goals will provide them with job security and an understanding of the mission that you and your team are working to achieve.

Arrange one-to-one time each week

At Employment Law Services (ELS), we recommend that employers put aside 10-15 minutes each week for the first 2-3 months of a new employee’s employment. This will keep you informed of any potential challenges they may be facing and provide you both with some time to stay connected and engaged and provide each other with feedback.

Employer considerations

Implementing a thorough and consisted onboarding plan takes time and effort. There are a few critical errors that employers should recognise and attempt to avoid ensuring a new employees induction period runs smoothly.

(1) Avoid overloading a new employee with too much information too soon; the first few weeks in a new job can be daunting for any employee. Therefore, you do not want to give them excessive amounts of work before they are ready.
(2) Don’t assume new employees will understand everything right away; it is important that employers remember that even new employees with lots of industry experience should be given the opportunity to properly digest any additional information they are given.
(3) Don’t forget to evaluate the full process; measuring the outcome of your onboarding process should be the key to improving it. Assess your metrics and take note of any improvements you find in employee performance, increased retention and time to proficiency. Once you have the answers to this, you should consider how to improve the value of a better onboarded employee.

How can Employment Law Services (ELS) help?

It’s all very well having an employee who is qualified and experienced for the job, but if you want to get the most out of that employee an efficient onboarding process is key. If you are an employer who has any issues or concerns about the topics raised in this blog, give us a call today for your free consultation: 0370 218 5662.

Tag: Employment Law Advices for Employers

An employer’s guide to Christmas employment issues

The law on payslips is set to change by April 2019: Start preparing now!

2019 Budget: National Living Wage set to increase by almost 5%

HR Health Check

Employment Tribunal Guidance for Employers

Parental Bereavement Bill receives Royal Assent

Latest Employment Tribunal Statistics | April to June 2018

Top 5 Employment Law Questions of August 2018

Discrimination because of religion or belief

Employee Onboarding – 5 Best Practices to Improve Retention