by Emma | Jul 17, 2024 | Newsletter
I normally say don’t be afraid of contacting staff who are off sick. But maybe contacting a member of staff 11 times in 3 weeks could be seen as harassment, throw in a birthday card and she wins her claim!
The claimant was off sick for work-related stress and asked for minimal contact.
The judge said:-
The effect of the repeated contact was to create a hostile and intimidating environment for the Claimant. She had said, in clear terms, that contact from the Respondent made her emotional. We have no difficulty in concluding that, subjectively, the effect for the repeated conduct was to create a hostile and intimidating environment for her.
I would recommend that you have a clear communication plan with an employee who is off sick. They will know when to expect communication from you and when they are expected to contact you.
If you need any help with absence management give me a call.
by Emma | Jul 17, 2024 | Newsletter
Judge Holly Stout said: “The workers while on the minibus were not working in any ordinary sense. They would have been free to talk, snooze, read and, if they had the necessary electronic devices, to listen to music, watch a film or spend their time applying for more agreeable employment. They were, in short, not working, but travelling for the purposes of the time work, which began on arrival at their destination and ceased when their poultry work was done and they awaited the minibus to take them home.”
If you need clarification on what should be paid working hours, please give me a call.
by Emma | Jul 17, 2024 | Newsletter
Watch this space for all things new employment law.
Here’s a taster of what Labour have in store:
•Day one right for unfair dismissal
•ET change to 6 months from 3
•Statutory right to Bereavement leave
•Make flexible working the default from day one for all workers except where it is not reasonably feasible
•Focus on harassment in the workplace and third-party harassment
•Menopause plans
•Focus on well being of employees, especially for long covid
•Paid leave for carers
•Make statutory sick pay available for all workers
•Parental leave changes – day one right
•NMW – one rate!
•Banning zero hour contracts
•Written statement for self-employed people
•Sleeping shifts
•Travel time
•Right to disconnect
•Tip law
•Merge workers and employee categories
by Emma | Jul 17, 2024 | Newsletter
I always recommend that employers should have contracts in place for their self-employed individuals.
Why?
So you can confirm their status for one (i.e not an employee!), but also it’s great practice so you know where you stand and they know where they stand – with regards to service levels, payment etc…
However, Labour plans to give self employed workers the right to a written statement, under their employment plans.
So why not get ahead of the change and get them in place now.
Give me a call for all types of contracts including self employed and service agreements.
by Emma | Jul 17, 2024 | Newsletter
Fingers crossed summer is on the way! The weather’s getting hotter and so maybe you…..
One of the many possible symptoms of menopause is hot sweats.
These maybe uncomfortable and embarrassing, especially when you are around other people or at work.
Hot flushes occur from a decrease in estrogen levels. In response to this your glands release a higher amount of other hormones that affect the brains thermostat, causing your body temperature to fluctuate. Plus during peri menopause women’s body temperatures rise in general causing us to feel warmer more often than we did.
As well as feeling suddenly very hot during the flush, you can often experience sweats, rapid heart beat, a light head (slight dizziness) and mild anxiety. Not the best combination of feelings!
If you are looking for an alternative way to manage your hot sweats, then have a read below:
There are quite a few different remedies for hot flushes that can help you naturally navigate this symptom of the menopause. With homeopathy it is about matching the remedy to the woman’s energy as homeopathy is an energy medicine which is non toxic, non addictive and has no side effects so is safe for all.
Two of the main remedies for hot flushes are Glonoinum and Belladonna.
For further information on alternative homeopathy treatments contact:
Michelle West
07968 292785
michellewestinfo@gmail.com
www.michellewest.co.uk
As well as the usual things you can do to help (reduce caffeine, wear loose clothes) another way to manage these hot sweats is by changing your self talk.
Things you can say to yourself:
“I am cooling down!”
“This will pass!”
“I am slowly getting colder!”
“It’s ok to get hot, because it will not last long!”
You may think that these are ridiculous things to tell yourself, but you will be surprised at the results – give it a whirl
So, as an employer what reasonable adjustments could you consider?
- Allow employees to control the temperature in their work area
- Provide personal desk fans
- Ensure that the air conditioning system is effective and maintained properly
- Have a relaxed dress code, to allow staff to dress comfortably
- Provide cool, quiet rest areas where employees can take a break if they feel overheated
- Offer remote work options to allow employees to manage their environment more effectively
- Implement flexible working hours so employees can work during cooler parts of the day or when they feel most comfortable
- Have access to water stations
- Have chairs made of breathable materials
- Have adjustable desks to enable staff to stand and sit, to help manage their comfort levels
- Regular breaks, to cool down and manage symptoms
- Allow flexible breaks
- Conduct awareness sessions for all staff to enable a supportive culture
- Training for managers
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.
