Posts Tagged ‘HR’

How will the World Cup 2010 affect your business? Act now to avoid an ‘own goal’!

Wednesday, June 2nd, 2010

Previous surveys have suggested that increased absence levels are common during major football tournaments – either due to employees watching the match or as the result of a late night or hangover. P3 People Management is recommending that organisations start thinking now about how the World Cup will affect their business in June.

Charlotte Gallagher, director of P3 People Management said, “Statistically, the World Cup and other major sporting events do have an impact on absence which in turn affects revenue. We aim to help employers ensure that the tournament doesn’t affect trade by setting out procedures in advance.”

In a poll by the CIPD of more than 1000 employers it shows that almost all (90%) of organisations have not developed a policy to manage staff absence during the World Cup. Just 5% have developed a policy while a further 5% are currently developing one.

P3 People Management suggests employers communicate with staff in terms of requests for holidays during the World Cup and highlight the fact that attendance will be closely monitored during that period, and sickness absence will be investigated if they coincide with matches, as well as reminding staff that being at work under the influence of alcohol would be a disciplinary matter – pre-empting issues regarding lunchtime drinking or extreme hangovers.

Tips and advice from the HR experts include:

• Employers could think about offering flexible hours – many of the matches will kick off at 5pm so allowing staff to leave work an hour earlier will enable them to see the games
• Arrangements could be agreed to start earlier or later the next day or make up time another day
• Consider screening the matches at the workplace or offering unpaid time off

P3 People Management is a leading Human Resources outsourcing consultancy based in Manchester which works with a range of businesses across the North West.

For information call 0161 493 1963 or visit www.p3pm.co.uk

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Holidays whilst on sick leave

Thursday, May 6th, 2010

In Rawlings v The Direct Garage Door Company Ltd, an employment tribunal held that an employee on long-term sick leave was entitled to a payment in respect of 15 months’ holiday pay unlawfully deducted from his wages.

Background
Under the Working Time Regulations 1998 (‘WTR’), workers are entitled to 5.6 weeks annual leave. Recent high-profile cases, notably HMRC v Stringer and others [2009], have considered how these holiday rights should be treated in the context of long term sick leave. The outcome of the Stringer litigation represented a major shift in the law in favour of the employee. In particular:

•A worker on sick leave continues to accrue annual leave whilst absent from work;
•A worker must be allowed to take, and be paid in respect of, their statutory holiday entitlement;
•Workers can bring claims for unpaid statutory holiday not only under the under the WTR, but also under the deduction of wages provisions of the Employment Rights Act 1996 (‘ERA’) – significant because under the ERA it is possible to recover holiday pay going back a number of years.

Commentary
This case does not represent new law but it is notable for being one of the first decisions concerning holiday pay and sick leave to go before an employment tribunal since the House of Lords judgement in Stringer.

This decision is a reminder that case law currently provides that workers on sick leave continue to accrue holiday pay and that workers may be entitled to bring a claim for unlawful deduction of wages under the ERA in respect of unpaid holiday pay.

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Sick note to fit note – helping people stay in work

Thursday, March 25th, 2010

Fit notes, which are set to replace traditional doctors’ sick notes in April, will give GPs the option to declare a patient either “not fit for work” or “fit for some work”.

It is hoped that the new fit note will encourage more employers to help people with health conditions make an early phased return to work as part of their rehabilitation and recovery. It should also prompt all GPs to start a conversation with their patients about the possibility of a phased return to work and provide them with a framework to suggest possible workplace adjustments for employers to consider.

If an employee is deemed fit, the doctor will recommend a course of action for a phased return to work. This may include amended duties, altered hours, and workplace adaptations to help your employee back to work.

Whilst you won’t have to act on the doctor’s advice in a ‘may be fit for work’ statement, it may help you make simple and practical adjustments to help your employee return to work and reduce unnecessary sickness absence. If for any reason the changes necessary to support your employee’s return to work can’t be made, you should for sick pay purposes, consider the statement as if the doctor had advised that your employee is ‘not fit for work’.

If a doctor uses this option, they will give advice about the effects of the patient’s health condition and, if appropriate, some suggestions about the types of adjustment or adaptations you could consider to help your employee back to work.

Your obligations to pay statutory sick pay and make reasonable adjustments under the Disability Discrimination Act 1995 will not change.

There seems to be a strong business case behind the revised Statement of Fitness for Work as evidence shows the longer someone is off sick the less likely they are to make a successful return to work.

The DWP claims fit notes will cut the cost of sick leave for British employers and benefit the UK economy by an estimated £240 million over the next ten years.

For more information, contact us.

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Workplace Bullying and Harassment

Wednesday, February 24th, 2010

Recent news events have brought the issue of workplace bullying to the nation’s attention and companies across the UK are no doubt questioning whether their company has a culture of bullying and if so, how should they be protecting employees and defending themselves against potential legal implications as well as promoting a positive and supportive workplace culture?

Achieving high levels of performance from people at work is essential in today’s competitive market place. Organisations should treat any form of harassment or bullying seriously, not just because of the legal implications, but because it can lead to under-performance at work and a workplace environment which is free from hostility enables people to contribute more effectively to organisational success and to achieve higher levels of job satisfaction.

An organisation’s public image can be badly damaged when incidents of harassment occur, particularly when they attract media attention. This can affect relationships between an employer, their current and future employees, as well as their customers.

Employees can be subject to high levels of stress which can reduce engagement and may lead to higher labour turnover, increased sickness absence and less productive and effective teams.

Organisations should aim to develop a culture in which harassment is known to be unacceptable and where individuals are confident enough to bring complaints without fear of ridicule or reprisal. Everybody needs to feel responsible for challenging all forms of harassment and for upholding personal dignity.

For more information on how to respond to workplace bullying and harassment contact us or subscribe to our E:Newsletter

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