Weather Warnings

Vast weather warnings across the UK have been announced due to a blast of cold air from the east. Adverse weather, and the knock-on effects, can cause significant disruption to organisations’ business operations and affect staffs’ ability to safely travel to work.

Being dubbed by some as ‘Beast from the East 2’, wintery weather is causing disruption to certain parts of the country, and will continue to do so until at least Wednesday this week, and organisations must be ready for this, particularly if their employees are not currently working from home.

Closure of the workplace 

Weather conditions, or the after effects of extreme weather, may lead to a complete closure of the workplace or separate office locations. Unless there is a contractual right to be placed on unpaid lay off, staff are entitled to be paid in full for any hours they would have worked had the workplace been open. If the organisation chooses to open later or close earlier because of the weather conditions, employees are also entitled to be paid for this time even though they have carried out less work than normal.

If the organisation closes due to bad weather, it should not seek to place employees on furlough under the Job Retention Scheme unless it is eligible to do so. In other words, the organisation will need to show that they have seen a business downturn as a result of the pandemic; enforced closure due to weather will not be enough.

Staff traveling into work 

Staff are expected to make every reasonable effort to get to work, even if unable to arrive on time, unless they are notified in advance that they should not travel to work. Lateness does not have to be paid for, as normal, although the organisation may wish to agree with the employee to make up the time lost to ensure their pay is not docked.

Where staff are unable to make it in to work and their workplace is open for business, they are not entitled to be paid unless their contract says otherwise. This is a harsh stance to take, however, as the absence isn’t due to their actions and is likely to be because of travel or safety reasons. There are options that can be considered by the organisation. The first is to consider allowing employees to take short-notice annual leave for this period to ensure they are still receiving full pay, although they will use up some of their holiday entitlement. Other options include using banked lieu hours or making up the time at a later date.

Working from home

Due to current coronavirus restrictions across the UK, staff should be working from home if they can and organisations should be working to facilitate this where possible. In normal times, allowing staff to work from home during periods of bad weather can allow them to continue working and receiving their normal salary despite workplace closure. If their ability to do this is disrupted due to the weather, staff should still be paid as normal.

Outside disruptions 

If the workplace remains open and the employee is able to travel to work, there may be circumstances where the employee is absent from work because their childcare arrangements have been disrupted by the weather. Employees have a statutory right to a reasonable amount of time off to deal with emergency situations involving dependants and this will cover the breakdown in care arrangements. This time off is usually unpaid, although this will depend on the organisation’s policy.

 

‘Kickstart’ scheme open for applicants

This new scheme to help young people into work and to spur Britain’s economic revival, Kickstart has been launched by the Treasury.

Employers can use the Kickstart Scheme to create new 6-month job placements for young people who are currently on Universal Credit and at risk of long-term unemployment. The job placements should support the participants to develop the skills and experience they need to find work after completing the scheme.

Funding is available for 100% of the relevant National Minimum Wage for 25 hours a week, plus associated employer National Insurance contributions and employer minimum automatic enrolment contributions. There is also £1,500 per job placement available for setup costs, support and training.

Funding is available following a successful application process. Applications must be for a minimum of 30 job placements. If you are unable to offer this many job placements, you can partner with other organisations to reach the minimum number. To help smaller businesses, organisations offering fewer than 30 placements will be asked to make a bid through an intermediary, such as a local authority or Chamber of Commerce, who will then bid for 30 or more placements as a combined bid from several businesses. This will make the process easier and less labour intensive to apply for these smaller companies who only want to hire one or two Kickstarters.

If you are a representative applying on behalf of a group of employers, you can get £300 of funding to support with the associated administrative costs of bringing together these employers.

Kickstart is not an apprenticeship, but participants may move on to an apprenticeship at any time during, or after their job placement.

The Kickstart Scheme is available in England, Scotland and Wales.

Mr Sunak said: ‘This isn’t just about kickstarting our country’s economy – it is an opportunity to kickstart the careers of thousands of young people who could otherwise be left behind as a result of the pandemic.’ He explained that the aim is to give these young people the opportunity to build their skills in the workplace and to gain experience to improve their chances of finding long-term work. Businesses of all sizes looking to create quality jobs for young people can apply and there is no cap on the number of places. Household names including Tesco have already pledged to offer Kickstart jobs.

The scheme, which will be delivered by the Department for Work and Pensions (DWP) will initially be open until December 2021, with the option of being extended.

 

New laws on SSP and Annual leave

Emergency legislation promised by the Government on extending sick pay has now been passed.

The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 came into force on 28 March 2020.

These Regulations remove the need for employees to serve three waiting days before they become eligible for statutory sick pay meaning that it is now payable from day one, rather than day four, where the reason for the absence is coronavirus sickness or self-isolation. The Regulations include a back-dating provision, so that any periods of incapacity which started on or after 13 March 2020 will no longer serve waiting days.

Other eligibility criteria have not changed, meaning that workers still need to earn at least the lower earnings limit on average, which is currently £118 per week but will increase to £120 per week from 6th April 2020.

In addition, the Working Time Regulations 1998 have been amended to allow for more flexibility when dealing with annual leave remaining in this leave year. Due to circumstances, workers may struggle to take their remaining entitlement before the end of the leave year. This may be because:

  • they’re self-isolating or are too sick to take holiday before the end of their leave year
  • they’ve been temporarily sent home as there’s no work (‘laid off’ or ‘put on furlough’)
  • they’ve had to continue working and could not take paid holiday

The Regulations now give workers a statutory right to carry leave over into the next two leave years after this one. This only applies to the first 4 weeks of leave under the Regulations (Regulation 13 leave). The other 1.6 weeks of statutory minimum leave is already capable of being carried over to the next leave year with agreement from the employer and the new laws do not change this. This means that all statutory minimum annual leave accrued in this leave year is now capable of being carried over, in the following way:

  • 4 weeks (legal entitlement to be carried over to next two leave years)
  • 1.6 weeks (employers can agree that this be carried over to the next leave year)
  • Enhanced contractual entitlement (at employers’ discretion)

The rules on pay in lieu of untaken annual leave have also been amended so that, when employment terminates, the holiday pay payable will include anything carried over and not taken due to the coronavirus carry over. The law still does not allow pay in lieu of statutory minimum entitlement at any time other than termination.

Advice on managing the Coronavirus outbreak

Steps organisations can take in responding to the Coronavirus potentially posing global risks

The Coronavirus, is a potentially lethal condition that bears similarities to SARS. It has already been registered in numerous other countries across the world, including Canada and France and recent confirmation that individuals have also tested positive for the virus in the UK.

In light of this, organisations should be prepared and take steps to try to minimise the dangers posed by this outbreak.

Organisations should not insist that an employee travels to such an area for work related purposes and should advise employees against travel to such areas for both work and holiday purposes.

Alternatives to travel include postponing a trip, and holding meetings via Skype or video conference where possible.

Employees returning from affected areas

Whilst organisations owe a duty of care to employees to take reasonable steps to ensure their health and safety and to protect employees against reasonably foreseeable risks, there is currently no legal obligation to impose a precautionary suspension of non-symptomatic employees returning from holiday or work in an area known to have experienced incidences of Coronavirus. Additionally, suggestions or added pressure from colleagues should not be regarded as a sufficient reason to impose a suspension.

Where a returning employee appears to be symptomatic of potential exposure, they should be referred to their GP and matters taken from there. If the GP determines that they are symptomatic and certifies them unfit for work then they should be treated as off sick as per normal absence procedure. Colleagues who have had contact with the symptomatic employee should be made aware of the symptoms and advised to contact their GP.

If the GP does not certify the employee unfit for work, but the organisation is still concerned, then they may consider briefly suspending them on precautionary grounds.

Suspension

Where an organisation does choose to suspend returning employees just as a precaution, it will have to be on full pay unless the contract gives the employer a right to suspend without pay for this reason. Such a suspension should not be considered a ‘medical suspension’ or be handled as a disciplinary matter.

Employees who have booked annual leave who were planning to visit areas affected by the coronavirus, understandably may wish to cancel their holiday plans at short notice. This may result in requests to postpone holiday dates that have already been agreed by the employer. These requests should be granted where possible, otherwise employees might feel pressured to risk taking the holiday as originally planned.

Christmas bonuses: key things to remember

With Christmas almost upon us, organisations may wonder if they are under a duty to pay out a bonus to staff.

The issue of pay is typically a sensitive topic in the workplace and this tends to be the case even more around the notoriously expensive Christmas period. Christmas bonuses can be a successful strategy to improve employee engagement, keep morale high or even attract the most talented applicants for a particular position. As giving employees a bonus can be a great way to reward them for their work over the past year, this frequent practice can turn into a tradition which the workforce comes to expect.  That said, the size of an organisation or current profit levels may make paying a bonus difficult for some.

The first thing an organisation should establish is whether they are under any duty to provide such a bonus. Fundamentally, there is no statutory requirement to pay staff a bonus at any time. However, if bonuses are a contractual benefit included in the terms and conditions of employment or in the employee handbook, then employees will have an expectation of the payments and management are under a legal obligation to pay it. Non-payment in this situation could result in a claim for breach of contract.

Much will depend upon the wording of the contract. Many organisations choose to include a clause which reserves the right to withhold any bonus if they see fit. This will help to prevent it being considered ‘mandatory’. Nonetheless, they should still be cautious. If they have paid a Christmas bonus to all their staff for a number of years without any changes or interruptions, adjustment of the practice can give employees a ground to make a claim. In an event such as that, an employee can claim that the annual payment has transformed into a custom or tradition through the consistent conduct of the organisation.

It is advisable for all bonuses to be marked as discretionary within contracts and the employee handbook. As an extra precaution against potential claims, employees should be given advanced notice as to whether the criteria is going to be met for them to claim their bonus. For example, if it was a condition to hit a pre-determined sales level and this has not happened, then it need not be paid. By providing advanced notice, this can also serve as an incentive to staff to improve upon their current productivity levels.

It is always important that, even if a bonus is to be paid, it is fairly calculated. Organisations should have a fair and reasonable criteria to refer to in order to calculate the allowance for each employee. Remember if a staff member feels they have not received as much due to a protected characteristic, they may pursue potentially costly discrimination claims.

Study shows lack of employee awareness in mental health support initiatives

Research by insurance company Towergate Health and Protection demonstrates that although organisations are increasingly offering mental health support, only a small number of employees actually use them.

Mental health at work remains a significant issue for the modern day organisations, with increasing numbers recognising the impact that it can have on the wellbeing of their staff. Although more organisations are now taking steps to tackle this, such as introducing an Employee Assistance Programme (EAP), these latest figures suggest that there may be still more work that needs to be done to raise awareness of these options.

Figures from this study show that 76 per cent of organisations are now offering access to initiatives such as an EAP in order to assist employees with mental health issues. However, just 10 per cent of HR professionals asked felt that staff actually valued these options, with only 5 per cent believing that their EAP was actually used. When asked why take-up had been so low, 15 per cent outlined that it was communication that was the issue; staff remained unaware of the options open to them.

Distribution director for Towergate Health & Protection, Brett Hill, calls for ‘communication to take centre stage’ if organisations ‘want their work in supporting mental wellbeing to really make a difference’. He goes on to state that support is available, urging organisations to make ‘the most of’ external advisors who can assist them.

Managers and inductions should encourage employees to come forward with any issues they may be having, whilst leaflets and cards should be distributed regularly to remind employees of the options open to them. Additionally, the organisation could hold regular employee surveys to ascertain if employees are aware of the support on offer and evaluate if it could do more to improve awareness.

Whilst certain mental health initiatives such as an EAP may not be possible for all organisations, they should bear in mind that, by taking clear steps to support individuals suffering from poor mental health, they can experience real benefits. For example, if staff feel supported in this issue, they are more likely to remain in their roles, take less time off sick and maintain their productivity. Publicly demonstrating a commitment to mental health can also be highly attractive to external candidates, potentially attracting skilled individuals to the organisation that may not have come before.

Two in five employees admit to ‘pulling a sickie’

Survey brings into question how much organisations can trust claims of sickness at work.

A Com Res study has revealed that 40 per cent of workers would fabricate an illness if they needed a day off, which may cause organisations to think twice next time they have an employee who claims to be too ill to make it to work.

The same study also revealed that 66 per cent of employees would not inform their organisation if they became aware that a colleague was faking a bout of sickness, making it much harder for managers to establish whether absent staff are telling the truth or not.

Separate studies show that UK employees take an average of 6.9 sick days’ each year, and although organisations will naturally want to ensure staff are being honest when phoning in sick to work, there is often no way of knowing how many of these are genuine

Whilst it is hard to control employees’ actions, having a clear policy on sickness, which details how employees are required to notify the organisation, may prove beneficial. Conducting routine return to work interviews will also show that bouts of sickness are treated seriously, whilst employees may be less likely to take a ‘sickie’ if it means having to lie about their condition directly to their manager upon their return.

Organisations are also more likely to be suspicious of individuals who take frequent short-term sickness absences, especially if these appear to be ‘scheduled’ on purpose so they are able to take advantage of a long weekend.

Although it would be inappropriate to jump straight to a disciplinary without clear evidence, a well-structured policy will allow organisations to take disciplinary action where the level of absence reaches an agreed upon trigger point. In these circumstances, warnings may be issued and the employee may be placed on an improvement plan.

Having said this, it is important to remember that a disability or other underlying conditions can result in short term absences. Therefore, organisations must make reasonable adjustments where necessary, which could include amending any absence ‘trigger points’ to accommodate for disabled staff.

Organisations who fear they have an issue with staff ‘pulling sickies’ at work may also want to look at any workplace factors that may be contributing to this. Fostering an open and honest working environment is likely to encourage staff to report any issues in the first place, and organisations should respond to any complaints of bullying or harassment without hesitation, as these can make staff hesitant to attend work.

Black Friday – Are you ready?

The day after Thanksgiving, Black Friday, is a major retail sale event that will take place in the UK this year on 29 November. Along with Cyber Monday on 2 December, these days promise significant price reductions for consumers and may cause disruptions at work as staff try to find ways to secure the best deals during working time.

Figures from America reveal the impact shopping discounts on these days have in the workplace. Estimates suggest Black Friday will cost US businesses $10 billion in lost productivity whilst 78 per cent of American Amazon Prime customers have admitted plans to shop deals at work.

Despite originating in America, these days continue to attract increased attention in the UK in recent years, creating greater issues for employers in terms of misconduct and lost productivity as more staff look to find ways to make purchases online.

Remind staff of the rules

Sending a memo to all employees beforehand is an easy way of reminding them about the rules on using mobile phones at work. Most organisations will have a mobile phone use policy so the memo can outline the rules contained in this, such as keeping phones out of sight during working hours.

Although staff are more likely to use their mobile phones to shop the sales, they may be tempted to use their work internet access or work emails to view Black Friday offers. To avoid this, organisations should also consider outlining their stance on using work equipment for personal matters. Again, if a policy is in place, this can be highlighted.

Monitor behaviour

Line managers should be instructed to keep an eye on staff during this period to ensure they are complying with any workplace policies. A brief word may be enough to discourage anyone caught trying to make the most of the sales during working time and managers should be fair and reasonable with their application.

Organisations who wish to use more intrusive monitoring procedures, such as CCTV recording or internet browser analysis, should inform staff this will take place in advance and ensure they do not breach data protection law.

Take action

Organisations who subsequently discover employees have broken the rules by accessing sale sites during working time may take action for this under their disciplinary policy. If an informal conversation is deemed insufficient, then a formal warning can be provided. This is more likely to be utilised if the employee has a history of similar misconduct.

Consider flexibility

Having said this, some organisations may consider taking a more flexible approach to Black Friday and Cyber Monday, especially considering many retailers offer time limited or flash deals; where goods are reduced for a certain period of time.

Therefore, to accommodate staff, organisations may agree to allow workers to take all, or part of, their breaks at a different time than normal to make the most of these time restricted offers. This agreement will allow workers to grab a bargain whilst ensuring no working time is lost.