Back To Work As The Lockdown Is Eased

With many businesses having re-opened or planning to re-open shortly, employers will need to consider how to keep staff and customers and clients safe and put certain measures in place.

Risk Assessments

It is important to remember that businesses have a legal obligation to protect employees and visitors to their workplace. Employers should carry out a Risk Assessment and make sensible adjustments where necessary.

If an employer refuses to carry out a Risk Assessment, the Health and Safety Executive or local council can issue an enforcement notice.

Employers can visit https://bit.ly/31mmi6u to carry out a Risk Assessment.

Social Distancing

Two-metre social distancing will still be required, albeit that the Prime Minister has stated that where it is not possible to stay two-metres apart, guidance will allow people to keep a distance of ‘one-metre plus’, meaning people should stay one-metre apart, and also take other precautions to reduce the risk of transmission.

To help staff and customers to adhere to the social distancing rules, employers should: –

  • Put up signs to remind staff and visitors of social distancing guidance;
  • Avoid sharing workstations;
  • Use floor tape or paint to mark areas to help people keep to a two-metre distance;
  • Arrange a one-way traffic system around the workplace.

If it isn’t possible for staff and visitors to keep two-metres apart, employers need to think about how they can be kept safe. Employers should, therefore, consider the following: –

  • Does an activity need to be carried out in order for your business to be able to operate?
  • Keep the time required for an activity as short as possible;
  • Use screens or barriers to separate people from each other;
  • Stagger arrival and departure times of staff and visitors.

Hygiene Procedures

It is extremely important that staff and visitors carry out good hand-washing, cleaning and hygiene procedures.

The frequency of surface-cleaning and hand-washing should be increased: –

  • Encourage everyone to follow the guidance on hand-washing and hygiene;
  • Provide hand sanitiser around the workplace;
  • Regularly clean and disinfect surfaces which are used and touched regularly.

Home Working

Many businesses have decided that their staff will not return to their workplaces until January 2021, with staff continuing to work from home. If this is the case for your business, it is important that staff continue to be consulted and feel valued.

  • Make sure that staff have access to all remote working systems;
  • Communicate regularly with all staff, both as part of team-meetings (via video conference) as well as individually;
  • Ensure that staff have the right home insurances in place.

Employers are also still responsible for the health and safety of staff who are working from home, so you should ensure that staff complete a DSE risk assessment (https://bit.ly/3eJQ88S). This will need to be completed each time a staff member moves their workstation (from one room to another, for example) and also when they return to their workplace.

Staff morale is likely to be low and people will be missing their colleagues. It is extremely important to ensure that staff are looking after their own physical and mental well-being.

Further Guidance

The Government has produced guidance for different sectors to help employers, as well as employees and the self-employed, to understand how to work safely during the coronavirus pandemic. You can find this here https://bit.ly/3g81GTv

Remember that your staff are likely to be nervous about returning to the workplace. You should talk to your staff and ask them if they have any concerns, and reassure them of the measures that you have put in place to keep them safe.

If you would like any more advice, please email us at info@orchardemploymentlaw.co.uk or call us on 01634 564 136.

The Furlough Scheme Is Ending. What Are My Options?

The government’s Coronavirus Job Retentionsion Grant also known as the Furlough Scheme has been a welcome gift to both employees and employers across the UK. It has meant that businesses have been able to keep staff in jobs which will help some businesses to recover to full health.

The option to have staff return to work on a part-time basis will also be a great resource for many but we know that it is coming to an end in October 2020.

Businesses will need to start thinking about how they rebuild the business in an economic landscape which has changed rapidly over the last 4 months. The goal will be to protect the business so that it can be restored and save some jobs. We will take a look at some options that you may want need to consider:

  • Reduced Hours also known as Short Time Working

In an ideal world business would bounce back in an instance and everyone would return to work on full hours and full pay. If a full quota of staff is not an option for the business you may consider reducing the hours of some or all staff members.

In order to reduce staff hours you must have the contractual right to do so. This would be stated in the Employment, Worker contract or in another document. If you do not have a contract you will need to negotiate  with staff and create a new agreement or agree to amend the existing agreement. This must be done in writing and staff should be made aware of their right to claim redundancy if the reduced hours continue for a period of time. Staff will want assurances that if they are made redundant in the future will be based on their original pay and hours.

Do ensure that you are not acting in a discriminatory way if you are reducing the hours of some staff.

Always seek advice before reducing hours.

  • Lay-off with no or limited pay

Some contracts allow an employer to place an employee on standby without pay. A lot of furlough agreements also sneakily added this right into the contract. With this option staff receive no pay other than guarantee payments of £29 per day for 5 days within a 3 month period. Staff also have the right to request redundancy after a period of time and it is important that the correct procedure is followed. Failure to do this correctly can be very costly to a business.

  • Redundancy

Redundancy is where a role has significantly reduced or disappeared. It is about the role and not the person and so employers must think about placing all those who do a particular role at risk. 

Staff should not be discriminated against and the correct monies should be paid. 

It is worth noting that there is no redundancy pay for staff who have less than 2 years service. They will still be entitled to notice pay and other outstanding payments such as unused holiday. 

For businesses who will be making 20 or more redundancies within a 90 day period. There is a strict procedure which must be followed so employers really need to think ahead. One of the things they need to think about is timing as the process will be a minimum of 30 days for business making between 20 and 99 staff members redundant. For business making over 100 redundancies within a 90 day period there must be a consultation period of at least 45 days.

There will be instances where putting a settlement agreement in place is the best way of protecting the business.

  • Restructure

This is similar to a redundancy. This may be where the role still exists but you may decide that it can be done differently or absorbed into another role. In this instance staff should be consulted and just like any other dismissal they will be entitled to notice pay.

If you would like advice or support with any of the options above or for guidance with any Employment Law or HR matter please feel free to contact us at info@orchardemploymentlaw.co.uk

If you have found this blog useful please share it with someone else.

Jemma’s experience and tips for managing teams remotely during the pandemic

This month’s blog is all about managing a team remotely. Probably for the first time in history more businesses than I care to imagine are managing whole teams remotely and whilst that can be good it certainly comes with some challenges.

At Orchard Employment Law we have always had an element of working home but it was nothing like this. We still tried to have an office day together at least once a week, however, since the outbreak of Covid-19 and the introduction of the term self-isolating, we have been working from home since 17th March 2020.

The biggest challenge was not doing the work. We try to be eco friendly where possible, our clients have always been able to contact us via telephone, email, and video conferencing. We have a CRM, a cloud storage system, electronic invoicing, and the ability to sign things electronically so we can technically work from anywhere. My preference would be a beach in the Caribbean but a few sunny days in the UK will have to suffice.

The challenge was and is keeping the team happy and motivated. Not one to do things by half, I onboarded a new member of staff at a time when we are compelled to work remotely. So I want to share some of the tips that might help other managers during this time.

 

  • Health and safety

 

For many working from home was not planned, this means your staff could be working around the kitchen table, on an ironing board or some other makeshift office space. Employers are still responsible for the health and safety of employees and whilst you cannot pop round to their home at the moment you can talk to them about protecting their health. One easy thing you can do is to ask your staff to complete a Display Screen Equipment (DSE) questionnaire. You can find this online and it is free to fill in.

 

  • Let clients know that team members are working remotely

 

This will help to manage the client’s expectations and ultimately relieve some of the pressure from you and your team. Your clients will probably understand your position and may well be working from home too.

 

  • Have daily video meetings.

 

Zoom, Skype, BlueJeans, Whatsapp, Google hangouts and all of the other video conferencing apps are not a substitute for human contact but they are still very good. Most people communicate with more than just words, we use eye contact, facial expressions and other forms of body language to convey how we are feeling.

We have found that daily video meetings with the whole team each morning have been helpful in building and maintaining a working and personal relationship. 

 

  • Have a plan

 

I am not usually one to plan each day but in times of uncertainty, it is even more important for staff to have a sense of leadership and direction. I have found it useful to have a written plan for the next day. This plan is then used in the daily morning video meetings.

 

  • Understand the plan won’t always go to plan

 

Sometimes stuff happens, sometimes the best plan in the world can’t be followed through. This could be for a number of reasons. A piece of technology could fail, the internet might be slow, a client may do something different, your staff might have a personal concern or there could be a power cut.

It is ok if the plan doesn’t go to plan. 

 

  • Acknowledge that your people are people

 

This is not like being at work in the office and it is probably not like the usual working from home. The house might be full of people they live with, your staff may be trying to homeschool, the neighbors might be noisy, the dog might be barking or they could just be feeling stressed due to the pandemic.

Take all of these things into consideration and let your staff know that you are available to talk.

 

  • Be clear about your expectations of work

 

You may have acknowledged that your people are dealing with a lot of unusual external factors but the work still has to be done right?

Be clear and realistic about your expectations, this is not a chance for staff to make unreasonable mistakes, be rude to customers or to spend very little time working. If staff are struggling to work in their normal hours consider moving their hours temporarily, you may get more output early in the morning or late in the evening.

Sometimes you may still need to look at capability or disciplinary procedures.

 

  • Open your eyes to flaws in your systems and processes

 

This may be an opportunity to see weaknesses in a system that you believed was functional. Now is the perfect time to take feedback from staff on processes that could be improved to aid remote working. The chances are that it will strengthen the business in the long run.

 

  • Keep giving feedback

 

Don’t forget to provide reassurance and positive feedback when you can, it will help to boost morale. At the same time let staff know what can be improved, provide training and examples remotely if possible.

 

  • Have a switch-off time

 

Try not to contact staff on non-working days and outside of working hours. Encourage your team to switch the emails off and to divert phone calls so that they can switch their brain off from work. This will help with their mental health and stress levels.

Ask for help

We are here to help you with your queries about Employment Law, HR or general managing people. Contact us at info@orchardemploymentlaw.co.uk

 

Thank you for taking the time to read this blog,

Jemma

Essential Businesses, we haven’t forgotten about you

We love the NHS but we also want to show our appreciation to all of the Keyworker businesses working on the frontline during the coronavirus pandemic which is why we are extending our 20% charity discount to all those Essential Businesses.

Community is one of our core values and we try to add value to the community wherever possible. 

Supporting each other as a community during this time of uncertainty has become even more important, lots of businesses are struggling, individuals are losing jobs and others are literally risking their lives to provide services to the public.

We understand the challenges that you are facing in these unprecedented times. Some of you are recruiting paid staff and or volunteers to meet the demand for your essential service. You might need help with permanent or temporary employment contracts.

Some of your staff are worried about what is happening around them, they are working long hours, homeschooling children, facing abuse from the public and are concerned about loved ones. We want to help you to help them at a time when they may be feeling stressed.

Other businesses may need to furlough staff who are shielding or who you are unable to provide work for and we to give you peace of mind. We want you to be confident that you have done everything right.

Perhaps you need help with covid1 19 frequently asked questions, a contingency plan or you are so busy on the front line that you need help with day to day HR and Employment Law. Whatever the problem, we want to help you find a solution.

We are practising social distancing. We don’t want to put you or others at risk and so we are all working from home. We will still hold your hand (albeit virtually) through your challenges. 

We are using technology to provide clear and uncomplicated support to employers over the phone, via email, video meetings and webinars.

Thank you Essential Businesses for doing your part in our community.

Carers, cleaners, teachers, GP’s, Doctors, Nurses, Transport, Freight, Refuse, food retailers, Veterinary practices, Pharmacies, MOT services, Petrol stations, Funeral directors. 

We salute you all.

Furlough Explained

Many businesses across the UK have been experiencing a downturn in revenue as a result of the worldwide covid19 outbreak and had to make some difficult decisions about staffing levels.

On Friday 20th March 2020 the government announced that they would support businesses and staff by introducing a Coronavirus Retention Scheme. The scheme means that the government will pay up to 80% of an employees salary up to the value of £2,500 if they have been furloughed during the pandemic.

The big question is what is Furlough and how do you do it?

The general rule is that employers have an obligation to provide work for employees (not zero-hours workers) as stated in the employment contract. This means that you are still required to pay your staff for their contractual hours if you send an employee home due to a shortage of work.

However, you will not have to pay employees to stay at home if you have the right to lay-off (also known as furlough) their staff. 

Lay off or furlough is not redundnacy or dismissal and they continue to accrue annual leave and other employment rights during this period. Lay off us usually or reduced pay with a minimum payment of £29 per day for 5 days within a 30 day period. In this instance, the staff will be paid a reduced salary.

Do I have the right to furlough staff?

Employers can furlough staff if they have a contractual right to do so. This is often termed as a lay-off clause in the contract.

If you have a lay-clause you must still follow some rules including:

  • Explain to staff what lay-off means
  • Tell staff of their rights during lay-off
  • Tell staff how long you expect the lay-off to last
  • Tell staff how much pay they will receive.

What if I don’t have a  lay-off clause in the contract?

The Coronavirus Retention Scheme is still subject to current UK Employment Law. This means that if you do not have a lay-off clause contract you will need to negotiate with staff to add an additional lay-off term.

At the moment, many staff are agreeing to the term but you cannot force them to do so.

It is important to note that any amendment to the terms of employment should be done in writing.

Choosing who to furlough

If all staff are not subject to lay-off it is important that you have a clear and transparent selection criteria for who will be laid-off.

Employers should be careful not to discriminate on the against staff on the grounds of 

  • Race
  • Age
  • Gender
  • Sexual Orientation
  • Marital Status
  • Pregnancy or Maternity
  • Religion or belief
  • Disability

We hope that you have found this information useful, Contact us at info@orchardemploymentlaw.co.uk  if you would like advice or help with documentation for furlough or any other HR matter. 

Questions & Answers on Managing Staff Who Isolate Due To Coronavirus

We are all aware of COVID-19, the Coronavirus which is spreading throughout the world. We are, also, all aware of the preventative measures which we all need to be thinking about and doing in order to help stop this disease from spreading further.

Therefore, we did not want to give you another generic blog post preaching about and reminding you of all the things that you’ve already heard and read.

Instead, we thought it would be much more useful for you all to have some practical steps about what to do in your business in relation to COVID-19.

Question

What should I do if a member of my staff cannot attend work because their child’s school is closed and they do not have childcare?

Answer

Just because your business is staying open and your staff are well and have not been told to self-isolate, their children’s schools or childminders may decide to close, perhaps for a deep-clean, which means that some of your staff have no childcare and, therefore, might be unable to work.

You are under no obligation to pay staff who are unable to attend work but it might be a good idea to think about what staff could do if they have no childcare.

Perhaps think about allowing staff to arrive later at work, work from home or make up their hours on another occasion, and perhaps even allow them to bring their children into work. Of course, you need to ensure that the child in question is well and also not showing any signs of illness. They also need to be aged over 8 years old for insurance purposes. Allowing children into the workplace is a great way to give some educational, interactive and inspiring experiences to school-aged children, and also takes the pressure off their parents a bit as well.

Get the children involved in simple tasks and keep their minds occupied. But make sure that your insurance covers you when children are in the workplace.

Parent’s are also entitled to take parental leave which is unpaid leave to look after children.

Question

What should I do if a member of my staff has not been informed to do so by NHS 111 or their GP but still chooses to self-isolate?

Answer

If a member of staff is showing no signs of illness and has not been advised to self-isolate by a medic, but they still CHOOSE to self-isolate, you are under no obligation to pay that staff member.

However, it is good practice to allow the member of staff to take annual leave or unpaid leave or have alternative working arrangements.

Question

If I choose to close my business down for a period of time, do I still have to pay my staff?

Answer

You are under a legal obligation to provide work for permanent staff (unless you have a lay-off clause in your contract).

If you feel it necessary to close your business premises then, if possible, you could ask your staff to work from home or another location in order for you to not have to close down completely.

If you do not have a lay-off clause and you are unable to offer home-working or provide any work then you will still be required to pay your staff their normal wage or salary.

You can also force your staff to take annual leave. However, we strongly recommend against this unless it is absolutely necessary and you must give them 2 days notice for every day you want them to take off. Of course, you could ask your staff if they would prefer to take annual leave but we would recommend that they be the one to make that decision.

Question

What is the current legislation in relation to Statutory Sick Pay and Coronavuris?

Answer

Last week, the Prime Minister announced that the Government will be initiating emergency legislation in relation to Sick Pay.

It is proposed that the new Law will allow staff who self isolate to reduce the spread of Coronavirus to receive Statutory Sick Pay (SSP) from day 1 of isolation.

Although this is emergency legislation, it could still take up to 3 months to come into effect.

Currently, staff who are unwell and earn on average at least £118 per week are only entitled to Statutory Sick Pay from day 4 of illness.

Employers are encouraged to pay Statutory Sick Pay to staff who self-isolate even though the law only applies to staff who are unable to work due to illness (or medical recommendation) and not those who self-isolate by choice.

Do you have more questions?

For further advice and guidance in relation to staff and Coronavirus or any other Employment Law query, contact us on 01634 564 136 or email us at info@orchardemploymentlaw.co.uk

What Do I Need to Know Before Taking on An Unpaid Intern?

As a nation, we are more qualified than ever before. Higher education and apprenticeships have increased and yet employers are still complaining about a skills shortage. 

Whilst qualifications are important, there is no substitute for on the job experience. That is where we learn how to put what we have learnt into practice, it’s also where we build upon our soft skills.

With this in mind, it is not surprising to see more people both young and old wanting to do unpaid internships and work experience.

There are other benefits to employers In addition to a feeling of fulfilling your corporate sense of social responsibility.

Taking on an intern or volunteer can give an employer an opportunity to assess whether their processes are working. This is done by testing whether a person outside of the company can follow your instructions.

It is an opportunity to learn and get fresh ideas from your intern and you may even find a suitable candidate for future employment.

From an Employment Law perspective, there are some do’s and don’ts which are listed below.

 

DO

  1. Ask volunteers, interns and work experience candidates to sign a volunteers agreement. This will set out the level of expectation between you and the volunteer.
  2. Take information from the intern which you may need for health and safety. This includes next of Kin details, Allergy information and Health complications or illnesses.
  3. Give your volunteer lots of support, introduce them to staff and assign a dedicated mentor

 

DON’T

  1. Promise to offer them a job before or during the placement. If you tell an intern that they will get a job they will be entitled to the minimum wage for the duration of the placement.  That being said, you may decide to offer the intern a job once the placement has been completed.
  2. Pay for anything which is not an expense. You can pay for travel but you should be able to show receipts are equal to the payment. If you pay more than the expenses are worth you may find that you are liable for minimum wage for the duration of the placement.
  3. Leave your intern to do work which is unsupervised. Try to remember that they are there to learn and to shadow others.

If you would like advice about hiring an intern or any other Employment Law or HR matter feel free to contact us via our website at http://www.orchardemploymentlaw.co.uk

 

Planning for changes in Employment Law for 2020

2020 is another year of changes to the world of employment law and HR. In this blog, we are talking about some of the changes that we know are already going to happen, and, of course, that much discussed and debated subject that is Brexit.

Written Statement of Terms and Conditions (Contracts)

First up, we have the Written Statement of Terms and Conditions, also known as a Contract.

Currently, an employer has up to eight weeks to supply Terms and Conditions of Employment to all employees who have been continuously employed for more than one month.

From 6th April 2020, all new employees and workers will have the right to a Statement of Written Particulars from their first day of employment. Additional information will also need to be included as part of this new extended right.

Employers will need to prepare for this change during their recruitment process and have the Employment Contract sent to their chosen candidate before ‘day one’ of employment.

Employers will also need to consider who will qualify as a worker, and issue Employment Contracts to employees whilst using a separate template when issuing particulars for workers.

 

Parental Bereavement Leave and Pay

There is currently no law regarding bereavement leave and pay for parents.

The Parental Bereavement (Leave and Pay) Act 2018 is due to come into force in April 2020. However, this has not yet been confirmed.

If it does come into force, parents who suffer the loss of a child under the age of 18 years or a stillbirth after 24 weeks’ of pregnancy, will have the right to two weeks’ bereavement leave and, in some cases, pay.

We have not yet received any details of the new entitlement or those who will qualify and these will be set out in separate regulations.

However, we do know that bereaved parents will be entitled to take this leave in one two-week block or in two separate blocks of one week and that the leave must be taken before the end of a period of at least 56 days beginning with the date of the child’s death.

Bereaved parents who have been continuously employed for a minimum of 26 weeks will also be entitled to receive Statutory Parental Bereavement Pay. Parents with less than 26 weeks’ continuous service will be entitled to take two weeks’ of unpaid leave.

 

Agency Worker Rights

There are three important changes to Agency Worker Rights which will come into effect on 6th April 2020: –

  • Currently, the Agency Worker Regulations 2010 entitles agency workers to receive the same pay and basic working conditions as direct employees once they have completed 12 weeks’ continuous service working in the same role.

Under the Swedish Derogation (sometimes referred to as ‘pay between assignments’ contracts), agency workers are able to agree to a contract which removes this right.

From 6th April 2020, the Swedish Derogation will be abolished and these contracts will no longer be permissible. All agency workers, after 12 weeks’ continuous service, will be entitled to the same rate of pay as their permanent coworkers;

  • From 6th April 2020, all agency workers will be entitled to receive a Key Information Statement which sets out more clearly what their employment relationship is and the terms and conditions with their agency;
  • From 6th April 2020, all agency workers who are considered as employees will be protected from unfair dismissal and/or suffering a detriment if the reasons are in relation to asserting rights linked to The Agency Worker Regulations 2010.

 

Holiday Pay Calculations

The current way to calculate holiday pay can be complicated, especially for those employees with variable hours and variable rates of pay. The current holiday pay reference period is 12 weeks.

From 6th April 2020, this holiday pay reference period will increase to 52 weeks, meaning that employers will need to look at the previous 52 weeks where a worker has worked and received pay (disregarding any weeks when the worker did not work or where no payment was received) in order to calculate the average weekly pay.

 

National Minimum Wage Amounts

National Minimum and Living Wage amounts always change in April of each year and 2020 is no different.

The current rates are as follows: –

Age Rate

25 years and over £8.21

21 to 24 years £7.70

18 to 20 years £6.15

Under 18 years £4.35

Apprentice £3.90

From 6th April 2020, these rates will change, as follows: –

Age Rate

25 years and over £8.72

21 to 24 years £8.20

18 to 20 years £6.45

Under 18 years £4.55

Apprentice £4.15

 

Brexit

First of all, we all know that the UK is due to leave the European Union at midnight on Friday 31st January and when this happens, it is likely to bring about changes to the way the employment law world works, although any changes are unlikely to happen straight away. However, businesses will still need to be prepared.

At the moment, existing legislation and case law still applies and will continue to do so until new legislation is brought in.

Whether or not the UK is able to withdraw from current EU legislation and requirements will, ultimately, depend on the UK’s relationship with the EU and other countries. It is possible that trade agreements with other countries will be based upon some if not all, current EU employment legislation.

Any changes that do come into force will not necessarily be immediate or even significant, for the following reasons: –

  • A lot of EU employment law is based on UK legislation, meaning these will remain in place until amended;
  • Many UK employment rights, such as National Minimum Wage Amounts and unfair dismissal rights, do not arise from EU legislation.
  • In many other cases, UK legislation provides protection which far exceeds the EU minimum, for example, maternity leave and the right to 5.6 weeks’ holiday (EU law states a four-week minimum).
  • Changes to primary legislation need the approval of Parliament, and so the Government at the time of any changes will need to consider whether any amendments are politically favourable.

If you have any questions or queries about anything in this blog, or if there is anything employment law or HR related that you need help with, please get in touch with us by emailing info@orchardemploymentlaw.co.uk 

Hiring a self-employed Freelancer

When thinking of getting some additional help from a freelancer to help with a big
project, a little planning will help to avoid any problems that may crop up.
The first thing to think about is that hiring a self-employed freelancer means that some
employment legislation that normally applies to UK workers (National Minimum
Wage, Working Time Regulations etc) don’t apply to genuine freelancers and quite often a freelancer will set their own rate of pay.

It is very important to find out exactly what the freelancer’s employment status is before you start signing them up – you don’t want to be neglecting their worker rights.
Be clear with them from the very start – explain exactly what it is that you need
them for. How long will the work take? Will there be an ongoing requirement for the
job, or is it a one-off? Will they need to work in your office or can they work
remotely?

Be specific, honest and clear about your needs.
Also, make sure that you listen to the freelancer’s needs as well. They may have
their own ideas that you, your business and the project in question could really
benefit from.
Put it in writing
Once you’ve found the right person, it’s important that you get the right paperwork
in place. Having a contract drawn up and signed means that both you and the
freelancer are legally protected should things go wrong at any point.
What would happen if you paid the freelancer half of the cost of the project upfront,
but then the freelancer disappears?  If you have a contract then they can still be held
legally accountable. It can be very risky for small businesses and freelancers to work
without a contract in place, so it is very important to have a signed agreement in
place before any work begins or money changes hands.
Finally, make sure you communicate with the freelancer during the project. Schedule
regular meetings, ask how they’re finding the work and discuss any ideas the two of
you may have about improving the project. It’s important not to come across as
overbearing and to show the freelancer that you trust them to work independently,
but communication is important.
Practicalities of Working with a Freelancer
Once you have chosen the person that you wish to work with, you need to ensure
that you do not treat them as anything other than a self-employed contractor. If you
do otherwise, you could be liable for worker rights etc.
To ensure that the contract is one of the services provided, make sure that the following
is undertaken: –
1. The Agreement between you and the Freelancer should specify that they are
self-employed;2. In an ideal world the Freelancer will have their own limited company;
3. The Agreement should state how much the Freelancer will be paid;
4. The Freelancer should invoice you after the completion of the services
provided;
5. The Freelancer should be able to subcontract work to other people with the
relevant skills, qualifications and insurance. However, they should not do this
without your prior written consent, which should not be unreasonably
withheld;
6. The Freelancer should provide evidence of indemnity and insurance for the
services which they will provide;7. Try not to fall into the trap of treating the freelancer as an employee, e.g. do
not pay holiday pay, sick pay or give a bonus;
8. The Freelancer should be able to do work for other businesses.

For more help and advice with self-employed Freelancers contact us at http://www.orchardemploymentlaw.co.uk

Getting ready for Autumn

October is almost upon us (yes, it really is!) and so now is a good time to start
preparing for the colder months. We have a few hints and tips for you for coping
with the colder weather: –
Adverse Weather
It happens every year. Snow, ice, frost and fallen trees can cause havoc on our
roads and also on public transport, so much so that you could have staff who are
late to work or even unable to make it in at all because of the winter weather.
You are under no obligation to pay staff who are unable to attend work, but it is
always a good idea to put things in place which allow your staff to maintain pay and
also for your business to continue to function.
Think about allowing staff to arrive later at work, work from home or make up their
hours on another occasion.
If you do decide to pay staff who cannot attend work, ensure that they are told that
it is an act of goodwill and is not intended to be contractual.
School Closures
The weather is also a factor when it comes to schools and sometimes, even if staff
can travel, their children’s schools may decide to close, meaning that staff have no
childcare and, therefore, might be unable to get into work.
Again, you are under no obligation to pay staff who are unable to attend work but it
might be a good idea to think about what staff could do if they have no childcare.
As above, think about allowing staff to arrive later at work, work from home or make
up their hours on another occasion, and perhaps even allow them to bring their
children into work (as long as they are aged between 8 and 16 years old). This is
also a great way to give some educational, interactive and inspiring experiences to
school-aged children, and also takes the pressure off their parents a bit as well.
Get the children involved in simple tasks and keep their minds occupied. But make
sure that your insurance covers you when children are in the workplace.
Staff Sickness
Coughs, colds, sniffles and maybe even the flu are inevitable at this time of year,
and this can mean that businesses experience higher absence levels than normal.
October, November and December are the perfect months to promote good hygiene
in the workplace Provide your staff with hand sanitisers, sweet-smelling
antibacterial soaps, telephone and keyboard wipes to help reduce germs spreading
and to keep staff healthier for longer.
Now is also the perfect time to review your sickness policy and remind employees
who, how and when they should contact work if they are sick.
Annual Leave Reminders
Some businesses have their holiday year starting on 1st January and ending on 31st
December. If this is the case for your business, now is the perfect time to remind
staff about their unused annual holiday allowance.
You do not have to allow staff to roll over their unused holiday into the next year
unless there are exceptional circumstances such as maternity leave or illness.
Remind staff that unless they use up their holiday entitlement, it will not roll over
into 2020. As the saying goes, use it or lose it.
And believe it or not, you are also able to refuse holiday if it is not a convenient time
for your business or if there are too many staff off.
That being said though, it is good to give staff time to rest so you should be
reasonable when receiving holiday requests.
Many employers are also unaware that they can impose annual leave. So if your
business has a down period or if your staff have unused holiday you can simply give
them a day off. Remember to give notice though.
Halloween
Festivities
With October comes Halloween, and one of the associated acts of Halloween is
dressing up as ghosts and ghouls and maybe even a few clowns. Some businesses
even use dressing up as a motivating factor.
In a similar vein to dress-down Fridays or dressing up for Children in Need,
managers still need to set some expectations of what is and isn’t considered
appropriate behaviour if they are going to facilitate a dressing up day.
In particular, employees should be reminded that Halloween is not an excuse to
cause an offence.
A few years back Tesco and Asda withdrew two Halloween outfits from its shelves as
they were named ‘Mental patient’ and ‘Psycho Ward’. The outfits were seen as
offensive to those with mental illness and so Tesco and Asda donated £25,000 to
Time to Change.
Outfits such as these could give rise to a discrimination and harassment claim and as
an employer, you would be liable.
It isn’t sufficient to simply tell your staff not to wear outfits which might cause
offence. You should give your employees examples of scenarios of acts or clothing
which may be considered harassment or discriminatory.
You may want to tell your staff about tribunal cases surrounding fancy dress so that
they see what consequences could arise from their actions.
Also, remember that not everyone celebrates Halloween, so you need to be mindful
to not exclude or discriminate against any staff members.
Trick or Treat?
Another common action during Halloween are pranks and the trick or treat custom.
Whilst no employer wants to be the grim reaper of fun, you need to take care to
ensure that staff do not feel threatened or intimidated by the acts or behaviour
around them.
That being said, employers should be aware that they need to strike a balance. It
has been known for a pagan employee to bring a discrimination claim against their
boss for not taking Halloween as seriously as other beliefs. In 2011, there was in
excess of 50,000 people in the UK who identified themselves of pagan.
If you would like any other information on things to deal with in the run-up to
winter, drop us an email at
info@orchardemploymentlaw.co.uk