by Emma | Dec 10, 2024 | Newsletter
give your employees a Christmas bonus this year. If the Christmas bonus is contractual then you will need to pay it. If the Christmas bonus is discretionary then you have a choice to pay it, however there is something called custom and practice, which means that if you have always paid a bonus, it may become an implied term of the employee’s contract of employment. On the second day of Christmas my true love gave to me 2 Loving employees Christmas affairs You have had a Christmas party and there has either been a one off incident or a relationship has formed between two employees. Having a policy on work place relationships is a way of managing any issues. If we are talking about harassment which may have occurred at a party, then ensure you have an anti-harassment and bullying policy in place. On the third day of Christmas my true love gave to me 3 Christmas trends Dress Code Lots of businesses choose to relax their dress policy at this time of year, inviting casual dress and Christmas jumpers (7thDec), which can help bring some fun into the office. However, be careful about the wording you use when notifying staff of this to ensure it is clear that casual and Christmas dress is optional. Be sensitive to employees who do not celebrate Christmas. If casual dress worn by staff on the days between Christmas and New Year has become a problem, make sure you flag up what dress code is required ahead of time so that staff know what you are expecting. On the fourth day of Christmas my true love gave to me 4 annual leave days Christmas Shut Downs Are you planning on shutting down for a short period over the festive season? hopefully you announced this earlier in the year (ideally Jan) and explained clearly to staff the number of holidays they needed to save for the Christmas closure. If you forgot to do this, or have decided last minute that you want to close, then you can legally enforce holiday. You will need to give employees notice that is double the length of the holiday they will be taking e.g. if they are taking 3 days, you need to give them at least 6 days notice. If, however employees have run out of holiday for the year you can’t force them to take unpaid leave or force them to bring forward holiday entitlement from the next holiday year. Have a think in Jan 2025, what you would like to put in place for Christmas 2025 and plan ahead. Have a clear annual leave policy and communicate this to all staff. On the subject of holidays:- Can an employee refuse to work boxing day or New Years Day? No, there is no legal right to time off on statutory holidays Do you have to pay staff more for working Christmas day/ boxing day/ new years eve / new years day? No, however you need to ensure that they have the legal statutory holiday entitlement throughout the holiday year. Can I say no to holiday requests around the Christmas period? Yes, ensure you have a fair system for booking holiday though As always the word is POLICY. A clear annual leave policy will ensure staff know where they stand in relation to how you want to run your business. On the fifth day of Christmas my true love gave to me 5 longer days Overtime It’s your busiest season and you need employees to work overtime. Can you force them? That depends on your contract of employment. Don’t forget that The Working Time Regulations stipulate that employees cannot work in excess of 48 hours per week, on average, over a 17-week reference period. Have you asked your employees to opt out of this? even with this provision, the employee has the right to change their mind and give notice to that effect. |
Make sure you are inclusive, but be clear that participation is voluntary. Set a budget for gifts (£5 is a good idea) so there is no pressure on employees to buy expensive gifts. On the seventh day of Christmas my true love gave to me 7 suppliers plying Christmas Gifts At Christmas many suppliers or clients may send your employees gifts Whilst we all enjoy the odd box of chocolates, it’s worth reminding staff of what is an acceptable gift. Do you have a clear policy which has been communicated to staff? Are small gifts (under £10) ok to keep? Do you want all gifts to be handed in and shared between all staff members? Do you want/need a gift register? You could even have a raffle on Christmas eve so everyone has the opportunity to take home a gift If you don’t have a Bribery Policy or a Gift Policy, this could be a good time to implement some. On the eighth day of Christmas my true love gave to me 8 online shoppers What do you do if staff are shopping online for their Christmas presents during work time? Firstly what’s your internet policy? are they allowed personal access during working hours/ break times only/ or is personal use not permitted? ensure you make it clear to staff what your rules are. Nobody wants to be disciplined, so a friendly but firm reminder of the rules over the festive season, where temptation to browse for bargains is high, might help to discourage these sorts of distractions before they become a serious strain on productivity. Have a think about smart devices and mobile phones too. Ensure your policy covers all technology and when employees are permitted (if at all) to use them. On the ninth day of Christmas my true love gave to me 9 amazon orders Employees having parcels delivered to your premises for last minute Christmas presents? Can we say NO? YES, YES, YES!! Time spent managing and opening parcels is time the employee is not working. This is fine for the odd parcel here and there, but too much will cause a big distraction. Also, since it’s illegal to open post that’s not address to you, it’s tough to stop any dangerous or illegal items from entering your company. Again, policy is the way forward, communicate your policy to staff. No policy = you can’t moan at employees when they do it! On the tenth day of Christmas my true love gave to me 10 temps a temping Seasonal staff Ensure that seasonable staff are on the correct contract, a fixed term contract is the best with an end date to their employment. Remember temporary staff are entitled to the same pay and benefits as perm staff in a comparable role. If you have no idea how much work you will have, hire the seasonal workers on a zero hour contract. On the eleventh day of Christmas my true love gave to me 11 employees partying Christmas parties Did you know that 10% of employees have been disciplined or dismissed for an incident which occurred at the works Christmas party? I know it’s “no fun” but it’s really important to be clear with employees about what behaviour is expected from them at a work party. Be clear that whilst you want everyone to have fun, the normal standards of professional behaviour apply and anyone who does not maintain professional behaviour may be dealt with formally. Why important?Because as an employer, you have vicarious liability for your employees’ behaviour, even if the behaviour takes place during a Christmas Party. If one of your employees makes discriminatory or offensive comments, or even just gossips about another employee, there is the risk that you could receive a claim and be liable for their behaviour. Have you thought about social media, can photos of the event be posted online? Some employees will not want these photos on social media. Again, no fun I know, but is it a good idea to limit alcohol intake. I know some companies give out free drink vouchers – maybe limit this to two. Have you been inclusive when arranging a Christmas party? to minimise the risk of any religious discrimination claim, think about an activity or event which everyone can enjoy. Lots of staff call in sick or are late to work after a Christmas party, so maybe plan it for a Friday/weekend or think about adjusting working hours the following day to allow staff to come in later. |
by Emma | Nov 30, 2024 | Newsletter
by Emma | Nov 19, 2024 | Newsletter
The Labour government has announced 28 new changes to employment law, affecting businesses of every size across the UK. With complex updates like these, understanding and implementing them properly can feel overwhelming, and failing to comply could have serious financial and reputational consequences.
Here are some of the significant changes you should know about:
- Day-One Rights: The traditional “2-year rule” will soon be replaced by day-one rights, which will fundamentally change how you manage new employees from the very start. This means adapting onboarding and management practices to align with these new protections.
- Zero-Hour Contracts Banned: In a significant shift, zero-hour contracts will no longer be allowed. Employers will need to offer regular hours to employees, which may require you to re-evaluate current staffing strategies and employment contracts to meet new standards.
- Flexible Working for All: All employees will now have the right to request flexible hours or a four-day workweek from day one. This change could impact working patterns across your organisation, requiring a fresh approach to workforce management, productivity tracking, and scheduling.
- Enhanced Sick Pay: Employers will need to enhance sick pay benefits, ensuring employees receive higher compensation during illness. Adjusting your policies and payroll processes in light of this will be necessary to maintain compliance.
What Does This Mean for Your Business?
With these changes set to impact how businesses operate, it’s crucial that your contracts, policies, and documentation are not only updated but reviewed for legal accuracy and readiness. Beyond documentation, you’ll need to communicate these changes effectively to your workforce, whether through comprehensive training sessions, team meetings, or written updates. Preparing in advance ensures smooth transitions and minimises potential disruptions.
Get Expert Support and Peace of Mind with Our Retainer Package
We are here to support you every step of the way with our exclusive retainer package, designed to help you stay on top of regulatory changes with minimal disruption to your business. When you partner with us, you’re not only securing reliable, personalised guidance but also ensuring you’re fully prepared for the impacts of these new laws.
With our team by your side, you’ll receive:
- Tailored advice specific to your industry and unique business needs
- Proactive guidance on policy updates, from employment contracts to workplace practices
- Support in rolling out necessary changes across your workforce, including communication plans and training strategies
We are committed to helping you stay compliant and confident in the face of regulatory shifts. Don’t let the complexity of these changes impact your business—reach out today to discover how our retainer package can keep you compliant, protected, and ready for the future.
by Emma | Oct 24, 2024 | Newsletter
by Emma | Oct 24, 2024 | Newsletter
It’s officially Autumn with Halloween this month!
Labour has delivered on its promise to publish its Employment Rights Bill within the first 100 days in government:
The Bill itself is not expected to pass into law until June or July next year.
Day 1 right: The government has specifically stated that the new day one right to unfair dismissal will not take effect before the Autumn of 2026.
The two year qualifying period will be gone and the right not to be unfairly dismissed will be in place from day 1 of employment. However, this will not prevent fair dismissals. The Bill allows employers to operate probationary periods during which employees can be dismissed more easily for performance after following a lighter-touch process. The government has committed to consulting on the length of the statutory probation period – its preference is for a period of 9 months.
Sick Pay changes: The minimum earnings limit will be removed, but lower earners will be entitled to a lower level of SSP, and SSP will be available from day one.
Family Friendly changes: Day one rights will apply to employees taking paternity leave and unpaid parental leave.
Fire and Rehire: The practice of fire and rehire is going to be restricted, not abolished as originally promised.
Zero hour contracts: They won’t be banned altogether but Labour will end “one-sided flexibility”. The Bill provides that workers on zero hours contracts and workers with a “low” number of guaranteed hours, who regularly work more than these hours, will have the ability to move to guaranteed hours contracts which reflect the hours they regularly work over a 12-week reference period. These measures will also apply to agency workers.
Flexible working: Flexible working will be the “default” from day one for all workers, but only where “practicable”.
Maternity protection: Under the Bill it will be unlawful for an employer to dismiss a person returning from maternity leave for six months after their return to work except in specific circumstances.
Sexual Harassment: Further steps will be introduced following the new Sexual Harassment rules (26th October), details have yet to be confirmed.
Stuff that wasn’t in the bill:
– A commitment to tightening the ban on unpaid internships, and the government will launch a Call for Evidence by the end of the year;
– A commitment to allow the use of modern and secure electronic balloting for trade union statutory ballots.
-Strengthening protections for the self-employed by tackling late payments and ensuring that travel time is paid using the new Fair Payment Code
-Introducing the Right to Switch Off through a statutory Code of Practice
Other measures not requiring legislation include:
– Removing the minimum wage age bands;
-Supporting workers with a terminal illness through the Dying to Work Charter
-Developing menopause guidance for employers and guidance on health and wellbeing
As always watch this space…..
Do you have “Volunteers” in your business?
Volunteers are not entitled to be paid the minimum wage and do not benefit from many of the rights given to workers and employees, such as paid holiday or statutory sick pay. However, employers should take care they do not inadvertently create a contract with the individual, which could give them worker or employee status. A tribunal may find that a contract exists if you provide remuneration to the individual or if you exercise a significant degree of control over them.
Volunteers should be relatively free to accept or deny work as they choose, without penalty.
I would always advise that a written agreement is put in place to clarify expectations.
Mohammed Al Fayed accused of multiple rapes by staff
No doubt you have seen this all over the news, which leads me nicely into….
From 26 October 2024 all employers will be required to proactively prevent sexual harassment in the workplace. The Worker Protection (Amendment of Equality Act 2010) Act 2023 (the new Act), and introduces a new duty for employers to take reasonable steps to prevent sexual harassment of employees in the course of their employment.
The new Act now imposes a mandatory legal duty on employers to proactively prevent sexual harassment of employees while they are at work by taking reasonable preventative actions.
Should an employee win a sexual harassment claim at an employment tribunal and the employer is found to have neglected their duty to take reasonable preventative steps, the tribunal may increase the compensation awarded by up to 25%. Given that there is no upper limit on the compensation for discriminatory harassment, this increase could be substantial.
What do you need to do as an employer?
A starting point would be to:
- Revisit your policies
- Conduct training
What’s New?
Do you have a Tip Policy and Tip record?
From 1st October 2024 employers must fairly allocate “qualifying tips’ to their employees. The statutory Code of Practice tells us that you must have a policy and a tip record in place. Employers must pass on 100% of tips, service charges and gratuities to employees. This applies to employees, workers and agency staff.
If this applies to your business, give me a call now and we can implement a policy and tip record in time for the new legislation.