by Emma | Jul 1, 2024 | Newsletter
One of the topics I regularly get asked about is holiday/annual leave. As summer is in full swing now, let’s talk about the most important things you need to be aware of:
Entitlement
The working time regulations 1998, state that full time workers are entitled to 5.6 weeks paid holiday (28 days) per annum. This calculation can include bank holidays.
If a worker works part time then the whole of the 5.6 weeks (28 days) need to be pro rated to calculate their holiday entitlement. Many people mistakenly only pro rata the 20 days.
New starters and workers who are leaving the business will have their holidays adjusted accordingly too.
As a business you may choose to offer more paid annual leave as part of your benefits package, which is fine. Just communicate this to your staff in their contract/policy.
You will also need to commuicate what the annual leave year looks like – is it Jan-Dec or something different?
Sick leave/maternity/paternity/shared leave/adoption leave
Holiday entitlement still accrues while a worker is on one of the above leave types
If they do not use their whole annual leave entitlement due to being on one of these types of leave, then they have the automatic right to carry it over into the next annual leave year. This only applies to the 28 days leave.
Pay
What you pay a worker when they are on annual leave will depend on what type of contract they have and their hours of work.
If the worker has regular hours and fixed pay then they would get their normal pay.
If they work irregular hours or shift work then you calculate their pay by taking the average number of weekly fixed hours a worker has worked in the previous 52 weeks, at their average hourly rate.
If they work part-year working then you would take their average pay from the previous 52 weeks (only counting weeks in which they were paid).
Employers can use rolled-up holiday pay for irregular-hours and part-year workers.
Don’t forget that bonuses, commissions, overtime and expenses should all be paid while on annual leave – however, this is a topic all on its own. Any questions on this one, give me a bell.
Rolled up holiday
Rolled-up holiday pay is when an employer spreads holiday pay over the year, by adding an amount on top of someone’s normal pay. This is instead of paying someone for their holiday when they take it
It is calculated at 12.07% of a workers total pay in a pay period.
How much notice should a worker give me as an employer?
An employee is required to give notice that is twice as long as the holiday they want to take. However your policy can be more if you need it to be.
Can I tell my worker when to take holiday?
Yes, but you must give them notice. The notice must be at least twice as long as the holiday that you want them to take.
If the holiday is a regular occurrence, i.e you’re closed for the Christmas period, then add this to your contract of employment that they will be expected to take this period out of their annual entitlement as the business is closed.
by Emma | Jun 1, 2024 | Newsletter
In May we saw:
- An employee win a case at tribunal because their boss asked them to see a client as they liked “pretty women”
- A social worker awarded £58k because she was harassed over her gender critical beliefs
- A lecturer awarded £50k for unfair dismissal after he was dismissed because he left work early
To name a few
Whats coming up?
1) From 1st July, The Employment Rights Regulations 2023 bring in new rules permitting employers to consult directly with staff affected by TUPE, rather than electing representatives, this will apply to businesses with 50 or fewer employees or transfers involving 10 or less employees.
2) The Workers (Predictable Terms and Conditions) Act 2023 is expected to come into force approximately one year after Royal Assent, which was given on 8th September 2023. The Act will give eligible workers and agency workers the right to request more predictable terms and conditions of work.
3) The Worker Protection (Amendment of Equality Act 2010) Act is expected to come into force in October, introducing a new proactive duty for employers to take reasonable steps to prevent sexual harassment of their employees. Tribunals will also have the power to uplift sexual harassment compensation by up to 25% where an employer is found to have breached this new duty
Don’t forget its Fathers Day on 17th June.
So let’s take a look at what fathers are entitled to:
Fathers have the right to Paternity leave and pay. Paternity rules changed in April so make sure you have updated your policies and understand the new legislation. Fathers can also share 50 weeks of leave with the mother under shared parental leave legislation.
Can fathers request flexible working? yes – flexible working legislation also changed in April and all employees can request flexible working from day one of employment.
If you need any updated policies give me a call.
by Emma | May 1, 2024 | Newsletter
Mental Health Awareness Week runs from 13 to 19 May 2024.
Every year, 1 in 4 of us will experience a mental health problem, this means 1 in 4 of your employees may experience problems.
The campaign this year is Movement: Moving more for our mental health. Movement is important for our mental health. The campaign is all about helping us find moments for movement in our daily routines. Going for a walk, putting on your favourite music and dancing around the living room, chair exercises when you’re watching television – what will you do? Why don’t you have a think about how you can get your employees involved?
If you need any assistance with this topic, please let me know.
by Emma | Apr 1, 2024 | Newsletter
It’s April Fools day on the 1st of the month so I wanted to talk about “horseplay” at work.
What is Horseplay?
Rough, boisterous and excessive play or pranks that occur at the workplace. Horseplay can be activities such as joking that includes physical contact, playing around, racing, grabbing, foolish vehicle operation and social pressure to participate in unsafe acts.
Employers cannot rule out the possibility that horseplay at work will result in harm being caused and that they can be held liable for the actions of their employees in such circumstances.
It’s important to strike a balance and not to discourage banter that can have a positive impact. Implement a policy, which clearly sets out what is deemed to be acceptable and unacceptable behaviour.
New Legislation
Just another quick reminder about all the employment legislation changes coming into force this month:
- Carer’s Act
- Paternity Leave changes
- Flexible Working changes
- New statutory rates
- Minimum wage increase
It’s alcohol awareness month in April.
- Did you know that between 3-5% of absence is caused by alcohol?
- Did you know that 25% of us have turned up to work hungover ?
- Did you know that 15% of us have turned up to work drunk?
Give me a call to get your Alcohol and Drug policy in place.
by Emma | Mar 1, 2024 | Newsletter
Minimum Wage Increase Reminder
Don’t forget that the national minimum wage increases from 1st April. Please ensure that you have made changes to your payroll and sent any relevant paperwork out to staff.
Statutory Rates Increases
Proposed rates from April 2024 are above, watch this space for confirmed rates. Again please ensure your payroll/ accounts department are aware of these changes and apply.
Mothers Day – 10th March
Parents make up a huge amount of the UK workforce, but parental support from employers is still largely falling short. According to a survey 92% of fathers are employed in the UK against 75% of mothers.
98% of women want to come back to work after maternity leave but only 13% think it’s viable on a full-time basis. Maternity leave also impacts career progression, there was a 32% reduction in managerial roles after women have children and a 44% increase in admin roles, with many women stating that it’s easier to find flexible work at a junior level.
With flexibility legislation changing in April 2024, this may assist women returning from maternity leave.
Do you need a new Flexible Working Policy? give me a call now.
Do you need advice on handling a flexible working request? please contact me to ensure you are dealing with requests in the correct way.
by Emma | Feb 1, 2024 | Newsletter
If you are looking to make redundancies, you need to be aware of the new legislation coming into force on the 6th April 2024. The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 expands the current laws protecting pregnant employees or those on, or returning from, maternity/adoption/shared parental leave facing redundancy.
Currently, employees on maternity/adoption/shared parental leave have enhanced protections in redundancy situations, including the right to be offered a suitable alternative vacancy over other employees at risk, if one is available.
The Act expands this protection to include pregnant employees, from the moment they notify their employer of their pregnancy, through to 18 months after childbirth
Another act coming into force on the 6th April 2024 is The Carers’ Leave Act 2023. This Act will grant a new entitlement of one week unpaid leave annually for employees who care for dependants with long term needs. This right to leave will be available to all employees from day one of employment. “Long term needs” is defined as:
- Anyone with a condition that meets the definition of disability under the Equality Act 2010;
- Illness or injury (physical or mental) that requires or is likely to require care for more than three months, or;
- Old age
Changes to Flexible working also come into force on the 6th April 2024. Employees will have the right to request flexible working from day one of employment (rather than after 26 weeks which is the position currently).
Employees will also be able to make two requests in any 12-month period, up from one. Employees will no longer have to explain the effect of the change requested, as they do currently, and employers will have to make a decision on a request within two months (rather than three)
As it’s Valentines Day this month, I thought it would be worth discussing work place romance!
Apparently workplace romance is on the rise and this is no surprise as it’s the main way we meet someone new. How many people have you met through work that has turned into a romantic relationship? I am sure we all have, I certainly have.
As an employer how do you manage this though?
You cannot ban relationships and stick your head in the sand about them. Having a policy in place to deal with relationships is the best way to tackle potential issues, having open communication is key to safeguard your business.
Please contact me if you would like to put a policy in place.
