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Guest Blog Posts by Sarah Neyland

Are you an Employer, and worried what to do about Corona Virus ? here is a guide to what to do

  In case coronavirus (COVID-19) spreads more widely in the UK, employers should consider some simple steps to help protect the health and safety of staff.   It's good practice for employers to:   ·         keep everyone updated on actions being taken to reduce risks of exposure in the workplace   ·         make sure everyone's contact numbers and emergency contact details are up to date   ·         make sure managers know how to spot symptoms of coronavirus and are clear on any relevant processes, for example sickness reporting and sick pay, and procedures in case someone in the workplace develops the virus   ·         make sure there are clean places to wash hands with hot water and soap, and encourage everyone to wash their hands regularly   ·         provide hand sanitiser and tissues for staff, and encourage them to use them   ·         consider if protective face masks might help for people working in particularly vulnerable situations   ·         consider if any travel planned to affected areas is essential   Employers must not single anyone out. For example, they must not treat an employee differently because of their race or ethnicity.   Sick Pay   The workplace's usual sick leave and pay entitlements apply if someone has coronavirus.   Employees should let their employer know as soon as possible if they're not able to go to work.   Self Isolation   The government has stated that if NHS 111 or a doctor advises an employee or worker to self-isolate, they should receive any Statutory Sick Pay (SSP) due to them. If the employer offers contractual sick pay, it’s good practice to pay this from day 1 rather than after 3 waiting days.   The employee must tell their employer as soon as possible if they cannot work. They should tell their employer the reason and how long they're likely to be off for.   The employer might need to be flexible if they require evidence from the employee or worker. For example, someone might not be able to provide a doctors certificate or fit note if they've been told to self-isolate for 14 days.                 If an employee is not sick but the employer tells them not to come to work   If an employee is not sick but their employer tells them not to come to work, they should get their usual pay. For example, if someone has returned from China or another affected area and their employer asks them not to come in.   If an employee needs time off work to look after someone   Employees are entitled to time off work to help someone who depends on them (a 'dependant') in an unexpected event or emergency. This would apply to situations to do with coronavirus. For example:   ·         if they have children they need to look after or arrange childcare for because their school has closed   ·         to help their child or another dependant if they're sick, or need to go into isolation or hospital   There's no statutory right to pay for this time off, but some employers might offer pay depending on the contract or workplace policy.   The amount of time off an employee takes to look after someone must be reasonable for the situation. For example, they might take 2 days off to start with, and if more time is needed, they can book holiday.     If an employee does not want to go to work   Some people might feel they do not want to go to work if they're afraid of catching coronavirus.   An employer should listen to any concerns staff may have.   If there are genuine concerns, the employer must try to resolve them to protect the health and safety of their staff. For example, if possible, the employer could offer flexible working.   If an employee still does not want to go in, they may be able to arrange with their employer to take the time off as holiday or unpaid leave. The employer does not have to agree to this.   If an employee refuses to attend work, it could result in disciplinary action.   If someone becomes ill at work   If someone becomes unwell in the workplace and has recently come back from an area affected by coronavirus, they should:   ·         get at least 2 metres (7 feet) away from other people   ·         go to a room or area behind a closed door, such as a sick bay or staff office   ·         avoid touching anything   ·         cough or sneeze into a tissue and put it in a bin, or if they do not have tissues, cough and sneeze into the crook of their elbow   ·         use a separate bathroom from others, if possible   The unwell person should use their own mobile phone to call either:   ·         111, for NHS advice   ·         999, if they’re seriously ill or injured or their life is at risk           They should tell the operator:   ·         their symptoms   ·         which country they've returned from in the last 14 days   If someone with corona virus comes to work   If someone with coronavirus comes to work, the workplace does not necessarily have to close.   The local Public Health England (PHE) health protection team will get in contact with the employer to:   ·         discuss the case   ·         identify people who have been in contact with the affected person   ·         carry out a risk assessment   ·         advise on any actions or precautions to take           If the employer needs to close the workplace   Currently it's very unlikely that an employer will need to close their workplace.   But they should still plan in case they need to close temporarily. For example, making sure staff have a way to communicate with the employer and other people they work with. Where work can be done at home, the employer could:   ·         ask staff who have work laptops or mobile phones to take them home so they can carry on working    ·         arrange paperwork tasks that can be done at home for staff who do not work on computers   In some situations, an employer might need to close down their business for a short time. Unless it says in the contract or is agreed otherwise, they still need to pay their employees for this time.   If the employer thinks they'll need to do this, it's important to talk with staff as early as possible and throughout the closure.      

Employment Law Changes

   Employment law changes - preparing for April 2020   By People Tower Ltd   As my clients are usually aware, April tends to be a busy time in the year where employers are usually required to implement/amend something in line with any new legislation. April 2020 will be here before we know it and this time, we are seeing many many more changes than normal…    THE key messages are: -   “review, and update if necessary, your contracts”; and “scrutinise your working relationships/arrangements with staff carefully”.   The reasons will become clear, but in summary, not only will this be necessary to ensure that your contracts will be fit for purpose (considering the new requirements to issue more detailed statement of terms - see below), it will also assist organisations to analyse its working relationships with its staff to make sure that it does not fall foul of the new requirements when it comes to workers.    Some of the upcoming changes have resulted from the Good Work Plan which was published in December 2018 and which has been described as the government’s “vision for the future of the UK labour market”.   We have all seen the negative press over zero hours contracts, and it is certainly clear that the government is seeking to enhance clarity when it comes to employee/worker status.    We have detailed below some of the changes which we are expecting in April 2020 and how employers can begin to prepare for these changes.    Holiday pay   In the Good Work Plan the government made a commitment to improving the holiday pay arrangements for seasonal workers.  To achieve this, the reference period for determining an average week’s pay will increase from 12 weeks to 52 weeks, or if the worker has been employed for less than 52 weeks, the number of complete weeks for which the worker has been engaged.   Recommended Action Points:   Employers should consider which workers this new reference period will relevant for and how to go about implementing the new reference period. Employers should also ensure that records of pay for the 52 weeks prior to 6 April 2020 is up to date and continue to accurately record such data.    Statement of terms   As a result of its commitments set out in the Good Work Plan, the government will be extending the entitlement to a statement of ‘written particulars’ to include workers as well as employees.  Currently employers have up to two months to issue the statement to any employee working for them for more than a month, but from 6 April 2020 the right to a statement of written particulars will become a day one right.   The information to be included in the written statement from day one is also being expanded.  In addition to the current information that must be provided for all new joiners on or after 6 April 2020 the statement should also include:   how long a job is expected to last, or the end date of a fixed-term contract how much notice the employer and worker are required to give to terminate the agreement details of eligibility for sick leave and pay details of other types of paid leave e.g. maternity leave and paternity leave the duration and conditions of any probationary period all remuneration (not just pay) e.g. vouchers, lunch, health insurance the normal working hours, the days of the week the worker is required to work, and whether or not such hours or days may be variable, and if they may be how they vary or how that variation is to be determined any training entitlement provided by the employer, any part of that training entitlement which the employer requires the worker to complete, and any other training which the employer requires the worker to complete and which the employer will not bear the cost.   Recommended Action Points:   If People Tower has written your contracts of employment in the past 2 years, no action is required – if not then - Employers should start to review their current contracts and recruitment processes to ensure that all the required information is included in their contracts. Also consider putting in place procedures as part of the recruitment process to ensure documentation is issued on or before the first day of work.   Extension of IR35 to private sector   The IR35 tax rules are aimed at reducing tax avoidance for off-payroll contractors working through personal service companies (PSC).   It was proposed that from 6 April 2020, medium and large sized private sector businesses will become responsible for assessing the employment status of the off-payroll workers they engage.  The simple reason behind this is cost.  The government has reported that the cost, in terms of lost tax revenue, of non-compliance with the off payroll working rules in the private sector is growing and will reach £1.3 billion a year by 2023/24.    Whilst this is the case, this proposal is contained in the draft Finance Bill – the passage of which may be delayed as a result of the General Election on 12 December 2019.  The expected implementation date of 6 April 2020 should be regarded as provisional, dependent on the outcome of the General Election.    Recommended Action Points:   It has been recommended that businesses affected by the proposed reform should consider:   looking at their current workforce (including those engaged through agencies and other intermediaries) to identify those individuals who are supplying their services through PSCs. determine if the new off-payroll rules will apply for any contracts that will extend beyond April 2020. Businesses are encouraged to use the Check Employment Status for Tax service to do this. start talking to contractors about whether the off-payroll rules will apply to them; and put processes in place to determine if the off-payroll rules apply to future engagements.   Agency Workers – Swedish Derogation Appeal   The “Swedish derogation” principle (which currently allows employers to avoid pay parity (after 12 weeks) between agency workers and direct employees if certain conditions are met) will be removed.    By no later than 30 April 2020, temporary work agencies must provide agency workers whose existing contract contains a Swedish derogation provision with a written statement advising that, with effect from 6 April, those provisions no longer apply.    In addition, temporary work agencies must provide agency workers with a Key Information Document, including information on the type of contract, the minimum expected rate of pay, how they will be paid and by whom.   Recommended Action Point:   If you do not have agency workers, then there are no action points to take.  If you do have agency workers, you should review the information that is being provided to them to ensure that it will meet with the new requirements.   Parental bereavement leave   In October 2017, the government confirmed its backing for a private members’ bill.  The Bill, which became the Parental Bereavement (Leave and Pay) Act on 13 September 2018, will entitle employees who lose a child under the age of 18, or suffer a stillbirth from the 24th week of pregnancy, to two weeks’ unpaid leave, as a right from day one of their employment. The act is expected to come into force in April 2020.   Recommended Action Points:   Employers can start to prepare by: Considering a written policy – employers should consider having a written bereavement leave policy in place, as this can provide certainty and security at a difficult time. Being aware of religious and cultural requirements around bereavement – employers should be aware of the risk of racial or religious discrimination claims that may arise from refused requests for time off for religious observances on death.  Certain religions require a set time for mourning. Preparing for the possible long-term effects of bereavement.  The effect of grief could manifest itself both physically and mentally, resulting in a long-term condition or illness.  Employers should be mindful of this should there be a change in performance, behaviour or absence.  Requests for time off or increased sickness leave should therefore be treated carefully, in the knowledge that a long-term condition could give rise to the risk of a disability discrimination claim. Being aware of bereaved mothers’ maternity leave rights - employers should remember that mothers who lose a child after 24 weeks of pregnancy, or during maternity leave, will not lose their entitlement to maternity leave and pay. Rights to paternity leave and shared parental leave (where notice of leave has been given) will generally also be maintained in these circumstances.       If I can be of any assistance, please contact me :- Sarah@Peopletower.com  

Employee Engagment

As Christmas is fast approaching, I started to wonder how many of you buy a Christmas Present for your team, if you do is it appreciated – or expected? and does it have a motivating effect?Employee recognition is best approached regularly and creatively. While money is an important way to say thank you, once money is spent, it is easily forgotten. It is as if the recognition never happened. I can help you to you develop a work environment that fosters employee recognition and hence, employee and customer success.Motivated employees do a better job of serving customers well. Happy customers buy more products and are committed to using your services. When more customers buy more products and services, your company's profitability and success will skyrocket. Are you interested in ways to say thank you at work? One would hope so. In a workplace committed to creating an attitude of gratitude and employee recognition on a daily basis, every day should be Thanksgiving Day. Employee recognition doesn't have to be expensive and is appreciated by employees in almost any form. Contact me for more ways to creatively recognise you team – sarah@peopletower.com

#MeToo

It has been a year since the allegations against Harvey Weinstein gave the #MeToo movement new impetus – but if you thought this was only a problem for Hollywood moguls – then you may need to think again - there is still a “high level” of tolerance for harassment in the workplace.   At this time of year when Alcohol, and Christmas Parties are added in to the mix, it is more important than ever to ensure that you have policies, procedures and training in place to ensure that all your staff are protected. Some initial actions that can be taken are: - issue a communication to staff to remind them that the Christmas party is an extension of the work place and their conduct should reflect that. Pairing this with your policies on bullying and harassment, equality and diversity is also essential to ensuring employees are aware of their boundaries. The introduction of alcohol does change the perspective of employees who might behave impeccably whilst sober and at work but has a serious effect on their judgement at a party when boundaries appeared blurred. Whilst you can prepare and train staff as much as is reasonably possible, it’s difficult to control behaviour at the party itself. Other than banning alcohol, which is likely to stop half of your employees from attending, it can be difficult to manage on the night. It’s important to ensure that everyone is comfortable and does not appear to be in an awkward or unwanted situation. If such a situation should arise you should take action immediately, reminding both parties what is and isn’t acceptable behaviour in a workplace environment. A quick word in the ear can often be all it takes to prevent a situation from crossing the line into something more serious although it may still be wise to follow that up in office hours to ensure that there are no concerns arising from the situation. Removing mistletoe so there is no temptation for lecherous lunging at an office crush is another suggestion. There is always a balance between being a Christmas kill joy and allowing a free for all but it’s still possible to have fun as long as staff are prepared and trained. At the end of the day, employees are adults and should be expected to behave as such, respecting each other’s’ boundaries whilst still enjoying the spirit of the season……. If I can be of further assistance in this, please contact me sarah@peopletower.com

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