How Do Employers Manage Quarantine After Holidays?

We may have had Freedom Day in the UK but the pandemic is still very much here. What do employers do if employees wish to holiday abroad and how do we manage swift changes in the isolation rules? 

Holidays abroad seemed like a thing of the past for a while until the government introduced a traffic light system which has different procedures for those who wish to travel to another country.

The Traffic Light System

Currently Green countries are those countries which do not require quarantine upon return to the UK.

Amber destinations are deemed to have more risk than Green countries and will require quarantine for people who have not been vaccinated or travel before the rules change on August 16th 2021.

Red destinations are countries which the government has advised against travelling to and require a hotel quarantine period.

But what happens when a country moves suddenly from Green to Amber, Amber to Red or when the rules change at short notice just as they did with Paris?

Banning Staff From Going Abroad

Of course we cannot and would not want to ban staff from travelling abroad. Travelling means different things to different people. For some it is the joy of seeing somewhere new, to others it may mean a long awaited hug from a family member or loved one and for others still it is a matter of business.

It would not be reasonable or appropriate to stop staff from travelling and if it resulted in dismissal it could lead to an unfair dismissal claim.

However we do suggest advising staff that travelling might be at their own financial risk if they are required to isolate.

Do I have to pay staff to Self-Isolate following travel?

The current rules are that staff who are required to self isolate by law are entitled to receive Statutory Sick Pay (SSP) from Day One of isolation. You can pay more but SSP is the minimum that you must pay.

Can I request that staff work during isolation?

If staff are able to work from home and they are well enough to do so you can ask staff to work from home. If staff are working from home they should receive full pay.

Can I insist that staff attend their place of work during Self Isolation?

As of September 2020 it became illegal for an employer to allow a member of staff to work anywhere but their place of isolation during self isolation. Insisting that a staff member attend work when they should be in quarantine can result in a £10,000 fine for the employer.

Aside from the legalities and the fine, it would also put other staff, service users and clients at risk.

What can I do if my employee asks to use annual leave during self isolation?

There is nothing stopping you allowing a staff member to use annual leave during self isolation. It may well help them financially.

Employers can also request that staff use annual leave at any time providing they give twice as much notice as the leave they would like the employee to take. In real terms this means, 2 days notice for 1 day annual leave or 8 days notice to use 4 days annual leave.

Should I be telling my staff the procedure for self isolation following the holiday?

There is no legal requirement to outline a self- isolation procedure following annual leave but this is good practice. It will help staff know what they should do if they find themselves in a quarantine situation after a holiday. It also helps managers know what they should be doing.

Where can I get HR and Employment Law Support with staff?

You can get free advice from acas and from our newsletters.

We are always happy to help employers with Employment Law, email us at info@orchardemploymentlaw.co.uk or visit our website at www.orchardemploymentlaw.co.uk to see how we can help you.

Do I Need A Working From Home Policy?

Working from home and Hybrid working has been a normality for some businesses for many years. However, many other businesses began working from home on a much larger scale during the pandemic. As we start to recover from the pandemic some employers have decided to ditch the office altogether whilst others have decided to opt for a Hybrid solution. 

I didn’t have a Working From Home Policy last year, why would I get one now?

Most businesses were not prepared for Boris’ ‘work from home if you can’ announcement in March 2020, but British businesses are adaptable and resilient and we rose to the challenge in a hurry. That meant scrambling for laptops and PC’s, moving documents onto a cloud and a mass rerouting of telephone lines. For many, the legal and security implications were not a consideration but we are still required to follow GDPR ( General Data Protection Regulations), Employment Law and Health and Safety Laws.

Data

You must still ensure that staff data and client data is secure. This can mean you need to consider a number of things such as:

How do staff dispose of documents containing data, will you supply a shredder, a confidential waste bin or require old documents to be returned to the office for safe disposal?

Are staff able to store documents safely in a locked cupboard?

Will they be sharing their computer with other members of their household?

Are they wearing headphones when they are having conversations which include sensitive data?

Is the email and internet usage encrypted?

Health And Safety

Employers are still responsible for the safety of staff whilst they are working from home. This doesn’t mean you need to do a daily home visit but you may well ask staff to carry out a risk assessment. At the very least you will want to ensure that they have the right chair and desk set up.

Who  Will You Allow To Work From Home?

Working from home is not suitable for everybody, some people do not have the space, the internet speed or the desire to work from home. If you are introducing working from home or hybrid working for a selection of staff then you should be able to explain why you have disallowed it for others. A working from home criteria is useful to help avoid discriminating against groups of people.

Expenses and Bills

Working from home can incur additional expenses for staff, your working from home policy should set out who is responsible for bills and expenses.

Avoiding An Us And Them Culture

If some staff are able to work from home whilst others are in the workplace you will need to make an effort to prevent an us and them culture.

You will still want everyone to feel a part of the team and although working from home has many benefits it can mean that staff miss out on general chit chat where friendships are built or they miss out on the social activities which workplaces inspire. It can also lead to resentment from work based staff who would like to work from home. Keep having regular meetings either via video link or in person and team activities to keep the team together.

How do I get a Homeworking Policy

We are able to supply you with and Homeworking and Hybrid working policy for your business. To enquire about our working from home policy contact us at http://www.orchardemploymentlaw.co.uk

FAQ’s From Employers In Another National Lockdown

Here we go again.. although we had all hoped that lockdowns were limited to 2020 the latest announcement of the prime minister on the 4th January saw the nation back in lockdown.

In this blog we will answer some employer frequently asked questions.

My business is not allowed to open, what do I do with my staff?

The furlough scheme will remain open with the government contributing 80% of pay to staff. There is no legal requirement for employers to furlough staff as it is entirely at your discretion. However, in an ideal world  you will want to keep all of your staff as it is better for them, it also will allow you trade as soon as your business is allowed to.

Remember that there is no automatic right to furlough staff and that you may need a written agreement. For more information read our blog Furlough Explained here: https://orchardemploymentlaw.wordpress.com/2020/03/25/furlough-explained

Although furlough is the preferred option for most employers and staff it is not free. The employer may still have to spend time or pay for someone to do the furlough administration.  Employers still have to consider pension contributions, national insurance, tax, accrual of annual leave and possibly employees gaining an extra years service which could have cost implications in the future. 

I cannot afford to furlough staff what can I do?

If you cannot afford to furlough your staff or you choose not too you may need to make redundancies.

Nobody likes to make redundancies but with ongoing costs such as rent, tax and insurances and little to no income you might not have much choice. There are rules and processes  around redundancies including, how much notice you should give, who can be selected and how meetings should be conducted. Always seek advice before making redundancies.

We are holding a webinar on how to conduct redundancies, you can Friday 22nd January you can email us for information on info@orchardemploymentlaw.co.uk or book using the following link:

https://www.eventbrite.co.uk/e/135518029073

We are a business which is allowed to open, do I have to let my staff work from home?

The national lockdown guidance is that all those who can work from home should work from home.

There are obvious positions where staff will not be able to work from home such as construction, engineering, child care, retail, manufacturing and the list goes on. In these instances staff will not be allowed to work from home.

As an employer you have a duty to keep your staff safe, this may extend to protecting them from catching Covid19 in the workplace wherever possible. So, if your staff are able to work from home effectively and productively you should allow them to do so.

That being said, not all job roles can be done effectively from home. They may be required to be physically present to open post, respond immediately to situations or you might not have the infrastructure to allow them to work from home.

The guidance may also vary person to person as well as job role to job role. You are still able to expect a reasonable output from staff and if a staff member is not productive or effective when working from home they might not have this option.

It is important to remember that fear of catching coronavirus can be a genuine concern and should be treated sensitively. You should try to reduce risks in the workplace such as social distancing, heightened hygiene and providing screens.  If staff are still unable to come to work you may consider other options such as using annual leave, unpaid leave or furlough. It is better to seek advice on a case by case basis and each situation will be different.

My staff are unproductive because they are homeschooling as well as working from home, what are my options?

In the first instance try to be understanding, working from home around dependents is no easy task. Maybe you could agree to a more flexible work pattern to allow staff to manage home and children. An example of this might be allowing staff to start earlier or later in the day, compressing their hours or reducing their hours. 

Any agreement is just that and should be done by consent.

Even the most understanding employer can still require work to be done accurately and productively if staff are unable to work productively at home you may want to consider using furlough or asking staff to use either parental leave or annual leave.

Be careful because you do not want to accidentally discriminate against women who are known to be more likely to  have the burden of childcare.

I have some staff members who can work from home but want to attend work, are they allowed to?

This is a matter for employers to decide, there will be some individuals who want to attend work for mental wellbeing reasons or because they do not feel able to work from home. If you are able to reduce risks in the workplace by making the environment Covid secure you are able to allow them to work from the office.

What about staff who are shielding?

Shielding came back into action on 4th January 2020 for the most vulnerable members of society. Staff who are shielding should have received a letter from a medic or the NHS informing them that are to shield which means that she should not leave home.

If staff are told to shield employers should not expect them to work away from their home. If they can work from home you should allow them to do so. If they are unable to work from home you can either put them om furlough or Statutory Sick Pay, staff also have the option of using annual leave.

We hope that you found this blog useful, if you did please share it with someone else who may benefit from reading this.

This blog is general information and is not intended to substitute advice, if you would like specific advice or support with Employment Law you can 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 

How hot is too for work? Keeping work going during Summer.

Summer is here and the sun is shining brightly. But it’s still business as usual for all of us and that means knowing how to cope in the hot weather when we still need to be working inside.

We have a few hints and tips for you for dealing with the working environment during the summer months: –

Office temperatures

There is no law for there to be a minimum or maximum working temperature in a workspace (i.e. if it is too cold or too hot to work).

However, during working hours, the temperature in all indoor workspaces must be reasonable. Guidance suggests a minimum of 16ºC (or 13ºC if employees are doing physical work).

There is no guidance for a maximum temperature limit within a workspace but employers must adhere to the laws contained in the Health and Safety at Work Act 1974, including: –

  • keeping the temperature at a comfortable level; and

  • providing clean and fresh air.

Ask your staff to talk to you if they feel the workspace temperature isn’t comfortable.

Dress code

We know that sometimes it’s important for your staff to wear a suit and tie or formal attire for business meetings. But when your staff are simply in the office, allow them to remove these and cool down a bit. Perhaps suggest to staff that they wear natural fibres and light colours to avoid attracting the heat so much.

Ice, ice and more ice

If you have a freezer, keep it stocked with ice cubes and ice lollies for your staff. If you don’t have one, perhaps think about investing in a small one specifically for this reason.

Fresh fruit

Although your staff may still want to munch on cakes and cookies, keep a selection of fruit in the fridge as well, in case they want something fresh and cool instead.

Drinks

Hydration is important for the mind as well as the body. A well-hydrated employee is likely to be more productive. Keep a selection of different fruit juices and squashes in the kitchen for a nice cool, refreshing drink for your staff.

Cool breeze

It might sound counter-productive but instead of having all the windows and doors open, keep them closed, pull the blinds or curtains and put the air conditioning or fan on. The closed windows and doors will prevent the hot air seeping in and the closed blinds or curtains will keep the direct sunlight out.

Outdoor meetings

Instead of holding your staff meetings in a stuffy, uncomfortable office, head into the garden or over to the park instead. Staff will enjoy sitting outside in the sun (or shade) and will appreciate a break from the office.

Picnics

Perhaps think about having a weekly or fortnightly staff picnic outside. This will help boost morale and get staff socialising and relaxing.

Summer hols

Remember that with the summer months also comes the summer holidays for parents. Juggling childcare with work can be a stressful time for parents. Think about allowing staff to work from home or do flexi hours so that they can still work but look after the kids at the same time.

Some businesses start the business day an hour earlier to allow for an earlier finish but be mindful of this if it is not in your contract.

Bring your child to work day(s)

With the above in mind, if you have staff members who have children aged between 8 and 16 years old, why not allow your staff to bring their children into work for a few days throughout the summer holidays? It’s 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.

Summer break

Unless it’s essential for business reasons, don’t reject staff holiday requests unless it’s absolutely necessary. Everyone needs a holiday and will always be more productive once they’ve had a break.

If you would like any further tips or guidance on dealing with the working environment during the summer months, drop us an email to info@orchardemploymentlaw.co.uk

Did you know we have over 30 blogs on our website? Visit http://www.orchardemploymentlaw.co.uk to read a few more.

Supporting Staff During Ramadan – Avoiding Discrimination

All staff have the right not to be discriminated against because of a protected characteristic. Religious beliefs are one of the nine protected characteristics recognised in Employment Law under the Equality Act.

An employer could find themselves facing an Employment Tribunal claim if they are seen to have discriminated against a member of staff.  Religious discrimination is the unfair or unfavourable treatment of a person because of their religious beliefs. This can include policies or practices.

To help to avoid discrimination employers can have policies or Equal Opportunities, Bullying Harassment and clear Grievance procedures.

Ramadan is a religious period observed by many Muslims. This year, Ramadan began on 5th May and ends on 4th June.

Ramadan happens every year, in the ninth month of the Islamic calendar. During this 29 or 30 day continuous period, Muslims will not eat or drink anything between sunrise and sunset (known as fasting).

Ramadan is seen as one of the five pillars of Islam. Most Muslims (there are exceptions for the young, the elderly and the sick) will fast between sunrise and sunset and will also partake in prayer, reflection and charity work.

For the majority of Muslims, Ramadan will not have any effect on their day-to-day work. However, others may very well be greatly impacted. Therefore, it is very important that employers give consideration as to how they can assist their employees during Ramadan.

  • Fasting may very well affect the employee in certain ways. They may become a little irritable or slightly tired during the latter parts of the day. Therefore, some understanding from managers and colleagues is helpful.
  • It may be obvious to your other employees that the employee isn’t eating and if they do get a little irritable, which can be natural, why they are not their usual self. Therefore, it would be a good idea to suggest that the employee informs their manager and colleagues that they will be fasting.
  • With the above in mind, the employee may wish to start work earlier in the day and finish earlier, so that they can rest during the latter part of the day at home. The employee may also wish to work from home, and you should consider allowing them to do this.
  • It can also help to hold meetings and undertake more challenging work in the mornings and perform more routine tasks later in the day.
  • Although the employee should still take their breaks, a shorter lunch-break could make it easier for the employee to manage their workload if they wish to take time off to carry out additional prayer or worship.
  • The employee may also wish to use some of their annual leave entitlement during Ramadan, especially during the final ten days, as this is a particularly special time for Muslims.
  • It is a good idea to suggest to colleagues that they should refrain from offering food and drink to those who fast, and also ask other staff to not eat during meetings.
  • It can also be helpful to avoid social events and even full team meetings during Ramadan.

 

Understanding the employee’s experiences and accommodating their particular needs shows great management skills and will also help to ensure that staff perform to the best of their abilities. Putting in place policies that are accommodating to all religious events can also lead to a better mutually trusting relationship with your staff and ultimately lead to higher staff retention, better morale, more effective teams and greater productivity.

If you would like help with policies or training on avoiding discrimination please contact us at http://www.orchardemploymentlaw.co.uk.

We can also assist with HR meetings such a grievances and Employment Tribunal representation for employers.

For all Employment Law or HR matter contact us at http://www.orchardemploymentlaw.co.uk

6 Questions Employers Should Not Ask During an Interview.

It is always important to ask questions of a potential employee. How else will you know if they are the right fit for your business otherwise?

However, you should ensure that your questions don’t delve too deep into the potential employee’s personal details. After all, you don’t want a discrimination case brought against you, even if you did not intend to discriminate.

Therefore, it is important to know what questions are a definite no-no. So, here goes: –

 

  1. Are you married?

 

Any questions about marital status, children or future family plans are simply not permissible.

Such questions are too much of a personal nature and could even be potentially discriminatory. Asking a potential employee if they are married could be seen as trying to determine their sexual orientation and this has absolutely no bearing on whether they have the ability to do carry out the job or not.

  1. Were you born in the UK?

 

Yes, you have a legal obligation to ensure that your employees are eligible to actually work in the UK. But you should not ask questions about their race, religion or native language.

A question of whether or not English is the potential employee’s first language is irrelevant, even if your employees are required to speak fluent English.

If the potential employee can speak and write in English to the standard that you require, and they can provide proof of their legal right to work in the UK, then they may well be the perfect person for your business.

 

  1. How old are you?

This question might seem innocent enough, but there are very few reasons why you need to know a potential employee’s age.

Yes, some businesses require their employees to be a certain age for legal reasons, i.e. to sell alcohol, but otherwise, a potential employee’s age should not affect their ability to carry out the job effectively.

Instead, you can ask the potential employee for their date of birth on a separate Equal Opportunites Form, but remember that the interviewer is not be allowed to see this.

 

  1. How many sick days did you take in your last job?

Questions along the lines of health, sickness or indeed disabilities should always be avoided at all costs.

The only time you may need to ask such questions is if you need to find out if the potential employee might need an assessment to establish their suitability for the job, or to establish whether adjustments need to be made in order to accommodate their needs (e.g. fitting a lift or disabled toilet).

 

  1. Do you have any previous criminal convictions?

Potential employees are not required to advise of any criminal convictions if they have already served their sentence.

Therefore, you should not ask such questions, nor refuse employment because of a previous crime. The only exception to refusing employment is if the position relates to teaching, childminding, financial matters etc.

Remember that criminal records checks can be requested from the Disclosure and Barring Service (DBS) for certain roles (e.g. working with children, healthcare etc). However, these should be requested before the interview stage.

 

  1. Are you a member of a trade union?

The Government website advises that an employer must not use the fact that a potential employee is a member of a trade union for or against them when deciding whether they are suitable for the position or not. This includes not employing them because they are a trade union member, or insisting that they join a trade union before you offer them the job.
The above questions are the big red flag ones that should not be asked of a potential employee during an interview. If you would like any further information on what you can and cannot ask or any other Employment Law query please get in touch via our website at http://www.orchardemploymentlaw.co.uk

What should employers know about Alzheimer’s and Dementia?

September is World Alzheimer’s Month, to raise awareness of the devastating disease that is Alzheimer’s, with the aim of challenging the stigma that surrounds Alzheimer’s and Dementia. 

There are over 100 types of  Dementia and Alzheimer’s is a form of Dementia. This year (2018) marks the 7th World Alzheimer’s Month.

World Alzheimer’s Day is on 21st September each year and 10th October is Mental Health Awareness Day.

Dementia in the Workplace

People can live well with Dementia, however, Dementia and Alzheimer’s Disease automatically qualify as a disability so employers need to be aware of disability discrimination. Some employers choose to have an Equal Opportunities policy, Bullying and Harassment Policy and an Anti Discrimination Policy to help prevent discrimination from occurring. It also helps staff to know what they should do if they feel they have been discriminated against.

According to the ACAS website, “More than 40,000 people under the age of 65 have been diagnosed with Dementia in the UK – and 18 per cent of them continue to work after a diagnosis. As the number of people with Dementia is forecast to increase (to over 1 million by 2025 and 2 million by 2051), and with a greater number of people expected to work later in life, it’s an issue that’s bound to become increasingly significant in the workplace.”

The future is unclear on the matter of Dementia in the workplace, but it is highly likely that businesses will see an increase in employees who have Dementia over the coming years, and this could become an issue because some employees may find it difficult to cope with this syndrome whilst at the same time still trying to perform their work duties. 

Being aware of the symptoms of Dementia and Alzheimer’s and the different stages of this disease will be invaluable to both employers and employees, in order to improve the response to supporting affected employees in identifying their symptoms and moving forward and helping them to live well.

Although memory loss is a well-known symptom of Dementia and Alzheimer’s, some other early signs of Dementia could include: –

  • Loss of initiative;
  • Changes in mood and behaviour;
  • Changes in personality;
  • Problems with abstract thinking;
  • Difficulty performing familiar tasks;
  • Poor judgment;
  • Disorientation of time and place;
  • Misplacing things.

With improved awareness, employers (and their staff) can reduce the likelihood of misinterpreting some of the early signs of Dementia and mistaking them for capability or misconduct issues.

The Alzheimer’s Society says that “Employers must be prepared to support … people aged under 65 with Dementia, many of whom continue to work following diagnosis …

“The Equality Act (2010) requires employers to avoid discrimination and make reasonable adjustments to ensure people with Dementia are not disadvantaged in the workplace. Employers are also obliged to consider requests for flexible working from carers under the Flexible Working Regulations (2006).

“Employers should provide appropriate support throughout the journey of a person with Dementia. As the condition advances, employees will require information, advice and guidance about finishing work.”

Supporting people with Dementia is going to be an ongoing matter for employers, but employers do have a duty to make reasonable adjustments for staff with Dementia in order that they are not disadvantaged at work.

Such adjustments could include clear signage, having quiet areas, and installing visual barriers to minimise distractions. They might also include a review of the employee’s current job description, reallocation of duties, a change of working hours, or redeployment to another position within the business.

Of course, at some point in the future, it may not be possible for the employer to continue to make adjustments to accommodate a Dementia employee, and the time may come that the employee will no longer be able to continue with their duties. However, when that time does come, employers should avoid using capability and disciplinary procedures, and should instead follow a ‘dignified exit package and strategy’.

The diagnosis of Dementia will be a difficult time for the employee. However, honesty about options over a long period of time will ease some of that difficulty and help them to continue with their working commitments as much as possible.

If you would like any further advice on Dementia and Alzheimer’s in the workplace, please do not hesitate to contact us at info@orchardemploymentlaw.co.uk or give us a call on 01634 564 136.

Worker rights for Pimlico Plumbers

A case heard at the Supreme Court last week could have a lasting effect on the so-called “Gig” economy here in the UK.

What is the “Gig” Economy?

The “gig” economy is described as “the labour market characterised by the prevalence of short-term contracts or freelance work, as opposed to permanent jobs”.

People who work within the gig economy will only be paid for the work that they carry out, e.g. couriers etc. Though sometimes they may be entitled to holiday pay.

Background

Plumber Gary Smith worked solely for Pimlico Plumbers and was classed as self-employed for tax purposes. Mr Smith paid self-employed tax and was VAT registered.

Mr Smith worked for Pimlico Plumbers for six years but after suffering a heart attack, he requested a reduction in his working hours from five days per week to three days. Pimlico Plumbers denied this request and Mr Smith was dismissed.

During his time working for Pimlico Plumbers, Mr Smith was required to wear the company’s uniform, drive the company’s branded van, work when he was told to, and could not pass any work to anyone else of the same qualification and experience.

Original Hearing

Mr Smith brought proceedings against Pimlico Plumbers at an Employment Tribunal in 2011, alleging that: –

  • he had been unfairly dismissed;
  • Pimlico Plumbers had unlawfully deducted amounts from his wages;
  • he had not been paid for a period of statutory annual leave; and
  • he had been discriminated against because of his disability.

The Employment Tribunal made the decision that Mr Smith had not been an employee under a contract of employment, and therefore could not complain of unfair dismissal.

However, the Employment Tribunal did decide that: –

  • under section 230(3) of the Employment Rights Act 1996, Mr Smith was a ‘worker’;
  • under Regulation 2(1) of the Working Time Regulations 1998, Mr Smith was a ‘worker’; and
  • under section 83(2) of the Equality Act 2010, Mr Smith had been in ‘employment’.

This meant that Mr Smith could proceed with the latter of his three complaints.

The Employment Tribunal made directions to consider these complaints substantively at a later date.

Pimlico Plumbers appealed this decision at an Appeal Tribunal and then at the Court of Appeal, but were unsuccessful at both attempts.

The Court of Appeal ruled that Mr Smith was a worker because of his lack of control over the work that he carried out (he was contractually obliged to do a minimum number of hours work per week) and also because he did not have the right to transfer his work to a subordinate.

Supreme Court Ruling

Pimlico Plumbers then appealed again to the Supreme Court but this did not go in their favour again.

The Supreme Court was asked to consider whether or not Mr Smith had the right to send a substitute to carry out any work he was given by Pimlico Plumbers. The Supreme Court found that Mr Smith was entitled to do this but that any substitute had to be under contract with Pimlico Plumbers.

Therefore, the leading feature of Mr Smith’s contract was one of an obligation of personal performance.

Another issue asked of the Supreme Court was whether or not Mr Smith was marketing his services elsewhere or whether he was an integral part of Pimlico Plumbers, and as such, whether Pimlico Plumbers was a client or customer.

The Supreme Court held that Mr Smith had some independence in terms of operational and financial obligations but that his services were marketed by Pimlico Plumbers. He was also subject to Pimlico Plumbers’ strict regulations (e.g. he was required to wear the company’s uniform, drive the company’s branded van, and work when he was told to etc). Therefore, Pimlico Plumbers was not a client or a customer.

This meant that Mr Smith was a worker and therefore had various employment rights including the right to be paid minimum wage and holiday pay.

Mr Smith’s complaints will now be sent back to the Employment Tribunal for it to make the final decisions.

Implications

This case will have a far-reaching effect on the gig economy and the rights of all independent contractors.

Other businesses who use independent or self-employed contractors could see a huge wave of claims made against them as a result of this ruling.

Charlie Mullins, CEO of Pimlico Plumbers, said “… thousands of companies across the UK, who use contractors in an honest and responsible way, remain exposed to huge potential claims in the future.”

However, it is highly unlikely that other cases, like those involving Uber and Deliveroo, will be stopped in their tracks.

All businesses have different ways in which they work. They also have different contracts and make different demands on their staff.

For example, some businesses will allow a worker to ask someone else of equal qualification and experience to do the job instead, but others don’t.

And that is one of the key tests of employment status.

If you would like any advice on the gig economy and how this ruling may affect you and your staff, contact us at info@orchardemploymentlaw.co.uk or call us on 01634 564 136.

Recruiting and Appraising

Whether you record your year from January to December of April to March I am sure you will agree that this quarter has zoomed by.

Now that the Big Freeze has left us we are all looking forward to Spring. April can be a busy yet exciting time for business. For many it is the beginning of the financial year often meaning a fresh look at recruitment, marketing, budgeting and planning.

If you are recruiting you should be mindful about the wording you use for your advertisements. Employers can be liable for discrimination before a person has even worked for you so it important not to use unnecessary descriptions that imply you are looking for a man, woman or a person of a particular age.

Your job advertisement is just like any other marketing material. It should speak directly to the type of person you are trying to recruit.

If you are a fun and flexible business the language which you use should ooze fun. If you are a traditional business which is looking for corporate applicants then the wording you use should be reflective of that.

A diverse workforce is a strong workforce. Not only should be seeking not to discriminate against applicants of various ages, cultures and gender but we should also be seeking to employ people with disabilities.

Craft your recruitment process in a way that is disability friendly. It is perfectly acceptable to state that you are a disability aware employer and that you are seeking to employ someone from all backgrounds.

April is Autism Awareness month. Job candidates with autism do not always thrive in a traditional interview but they may be the best person for the job. People with autism often have a great ability to focus on a task, recall data and pay attention to some of the smaller details.

One of the ways which you can make your recruitment process inclusive is to have a working interview. Invite all candidates to work with you for an hour or two and see how they perform in action.  You could also use specific questions rather than general questions on an application form so that a person who is autistic will find it easier to answer correctly.

Whilst it is great to recruit it is also important to nurture your existing staff. If you are not doing appraisals, you may want to reconsider. Appraisals can help you to find out any ambitions that your staff may have. Once you know that an employee would like to become a supervisor, a manager or to broaden their skill set you can create a path to help them reach that destination within your business.

Lots of businesses lose talent because it has not been nurtured or appreciated and this can be both a financial cost and loss of skill to an employer. Use appraisals to tell your staff what they are doing well and how they can improve.

If you have concerns about a team members, work, performance of attitude you can also use this opportunity to document and discuss your concerns. Early intervention can reduce problems with staff later in the year.

An appraisal should be a two way communication tool. Create an open environment where staff can tell you about things which you could improve as an employer. This will make your working environment a better place for current and future staff.

Whether you are recruiting, or appraising April is the perfect opportunity to review your current employment contracts and employment policies. Ensure that they are still working for you and that they are still legally compliant.

If you would like HR Support or Employment Law advice please contact us at http://www.orchardemploymentlaw.co.uk