When should you suspend an employee?

If you think you have a situation with an employee that calls for a suspension, do you know your legal obligations and their rights? Do you know when you should consider suspending an employee?

A suspension should not be used as a disciplinary sanction, but may be used in a disciplinary procedure if absolutely necessary, or if there are risks to an employee’s health.

What is a suspension?

A suspension is when an employee continues to be employed by your business but does not have to attend or undertake any work. You should usually only consider suspension from work if there is:

  • a serious allegation of misconduct
  • medical grounds to suspend
  • a workplace risk to an employee who is a new or expectant mother.

Suspension as a result of misconduct

You shouldn’t use suspension as part of a disciplinary procedure unless it is absolutely necessary. Most disciplinary procedures will not require suspension, as an employee should be able to continue doing their normal role while you investigate the matter.

However, as Acas states, you can consider suspension if there is a serious allegation of misconduct and:

  • working relationships have severely broken down
  • the employee could tamper with evidence, influence witnesses and/or sway the investigation
  • there is a risk to other employees, property or customers
  • the employee is the subject of criminal proceedings which may affect whether they can do their job.

In these cases, consider alternatives to a suspension where possible, such as a temporary adjustment to the employee’s working arrangements. This could involve being moved to a different area of the workplace, working from home, changing their working hours, being placed on restricted duties, working under supervision and being transferred to a different role within the organisation (with a similar status to their normal role, and the same terms and conditions of employment).

If suspension is the only option, work with the employee to keep it confidential, and if this is not possible, how they would like it communicated to the rest of the business. Suspensions can have a damaging effect on the employee and their reputation if not managed properly.

You may also need to consider whether you should escort the employee from the workplace, remove the employee’s pass and/or IT access if appropriate and/or ask the employee to not contact other employees during your investigation.

Suspension on medical grounds

You have a duty to ensure the health and safety of your employees, and in some instances health professionals may recommend an individual worker is unfit to work in a particular area or hazard.

If this cannot immediately be rectified, you may have to suspend the employee until it is safe for them to return to work. However, before you do this, you need to consider adjusting the working conditions or offering alternative work (at the same rate of pay and on terms no less favourable than the original role).

Suspension due to a risk to new or expectant mothers

In your risk assessment you must consider any specific workplace risks for any employee of childbearing age, who is pregnant, given birth in the last six months and/or breastfeeding.

When you are told about an employee’s pregnancy, you must consider the general risk assessment as well any advice the employee has received from their doctor or midwife. If you can’t remove any possible risk, you should consider temporarily adjusting working conditions and/or working hours, and if that is not possible, offer suitable alternative work, as above. If that is not possible you will need to suspend the employee until their maternity leave begins or it is safe for them to return to work.

The employee must be provided with the outcome of the risk assessment and the reason why the risk could not be removed.

If you think that you need to suspend an employee and need guidance, contact me today.

How can you prevent bullying and harassment in your workplace?

Everyone deserves to be treated with respect and dignity in the workplace. If you fail to prevent and/or act on workplace bullying and harassment, you leave your business open to poor morale, loss of respect for management and a decline in performance and productivity, as well as the more obvious absence issues and resignations. There is also a pressing legal side to taking action against mistreating employees, which is the possibility of tribunals, court cases and the damage to your company’s reputation.

What is bullying and harassment?

Bullying and harassment is defined as any unwanted behaviour that makes a person, or group, feel offended, intimidated, degraded and humiliated. The Equality Act 2010 says that harassment is unwanted conduct that is related to the following characteristics: age, disability, gender reassignment, race, religion or belief, sex and sexual orientation.

Instances of bullying may not always be obvious to you as an employer, or other people in the business. It may take place insidiously, it may involve two individuals or groups of people; and it may be an isolated incident or persistent actions.

You also need to be aware that bullying and harassment may not occur solely through face-to-face communications, but by writing, phone or online. Bullying or harassing behaviour could include spreading malicious rumours, or insulting someone, exclusion or victimization, misuse of power or position, unwelcome sexual advances, unfair treatment or deliberately undermining a competent worker by constant criticism.

What can I do to prevent bullying or harassment taking place in my organisation?

As described above, bullying and harassment may not be easy to recognise, therefore you need to ensure that any member of staff feels able and confident enough to complain, especially if the situation involves a manager or senior member of staff. All staff need to be aware that complaints of harassment, or anything relating to such complaints, will be dealt with fairly, confidentially and sensitively.

Acas recommends steps you can take to prevent bullying/harassment in the workplace. These include:

  • implementing a bullying and harassment policy, with statement of commitment, examples of unacceptable behaviour, the steps your company will take to prevent bullying and harassment, investigation procedures (including timescales and confidentiality) and how the policy is to be implemented, reviewed and monitored.
  • maintaining fair procedures for dealing promptly with complaints from employees
  • setting standards of behaviour with an organisational statement about the standards of behaviour expected.
  • setting a good example: the behaviour of employers and senior managers is as important as any formal policy.
  • training for your managers to recognise, prevent and deal with instances of bullying and harrassment.

If you involve your staff in the creation and implementation of the policy, it will gain additional authority and ensure that everyone feels involved. You need to make sure that the policy applies to staff on and off the premises, including those working away from base, as well as visitors.

If you need help prevent bullying and harassment in your workplace, implementing a bullying or harassment policy or working through the impact of a complaint, contact me today to get advice and find out more about my services

How do Bank Holidays affect your business?

With two bank holidays in May, do you know what your employees are entitled to in terms of leave and additional pay? Find out what your business is legally obliged to deliver to your staff in my latest blog.

What are workers entitled to?

All full time staff are entitled to a minimum of 28 days holiday a year. The eight bank holidays can be included in this, but not specifically on the bank holiday days. This is to reflect roles in industries such as catering, tourism and leisure, and emergency services personnel, where people have to work on bank holidays.

This means is that everyone who works full time get four weeks plus either bank holidays or time off in lieu for bank holidays they have to work. Of course, many people get better than the legal minimum, and it is common for people to be guaranteed all bank holidays off work in their contracts of employment

What does this mean for me as an employer?

As an employer, you can include bank holidays within the minimum annual leave entitlement of 5.6 weeks a year (28 days for a full time worker). Workers have a total holiday entitlement of four weeks (to meet the European minimum) plus eight days, the number of bank holidays enjoyed in most of the UK. There are 10 bank holidays in Northern Ireland.

Are employees entitled to additional pay if they work bank holidays?

Unless you have specified this in their employment contract, employees have no statuary right to additional pay for working on a bank holiday.

What does this mean for part time employees?

Part time employees are entitled to paid bank holidays if they normally work on those days. However, they are also have fewer statutory holiday days each year because they work fewer hours.

If you give your workers additional time off for bank holidays, in additional to their minimum 28 days, this should also be given pro rate to part time staff, even if they do not usually work on bank holiday days.

Most of the UK’s bank holidays fall on a Monday or Friday. Part-time employees who don’t usually work on these days may receive proportionately fewer days leave than their full-time colleagues, so to prevent this inequality you may want to consider pro-rata bank holiday allowance. This is calculated based on the number of days worked, regardless of which day of the week is worked and irrespective the bank holidays.

If you are finding bank holiday entitlements confusing, contact me today to find out how HR That Helps can help you

 

 

 

What are your business’s obligations for volunteers, interns and work experience?

With thoughts of summer and placements being planned, it’s time to talk about the volunteers, interns and work experience that you might take on at your businesses. The three groups are very different, with varying employment rights and obligations for you as a business owner or manager.

Interns

Internships usually take place as part of further or higher education courses, for graduates and undergraduates. These are very beneficial for the students, who can increase their skills and knowledge from the industry they wish to progress in, as well as gaining some worthwhile general working experience.

These internships can last from a few weeks to a year and are part of a formal structured programme.

Acas states that an intern may have employment rights but this will depend on the employment status, and that interns should be paid at least the National Minimum (or Living) Wage if they are carrying out the role as a worker.

There are some exceptions, including if the interns are voluntary workers, on a sandwich placement that is part of a higher education course and if a student is carrying out work shadowing.

If you promise the intern a contract for future work, they are then classed as a worker and are entitled to certain employment rights, including:

  • the National Minimum (or Living) Wage
  • paid holidays
  • protection against unlawful discrimination
  • protection against unlawful deductions from wages
  • the right not to be treated less favourably for working part-time.

Volunteers

Volunteers carry out unpaid work, usually for a charity or other non-profit organisation.

If your company or organisation uses volunteers, you must ensure that they have access to the right training and development, as well as a role description. It is also beneficial to have a volunteering agreement as an alternative to a contract of employment, defining the basis of their relationship with you.

As volunteers are not classed as workers or employees, they do not get paid or have a contract of employment.

Work Experience

Work experience is generally undertaken by students of compulsory school age, where they spend a short amount of time with an employer to learn directly about work and the working environment. Some tasks may be performed, but usually it’s a chance for students to observe and learn what happens in a normal working day.

Work shadowing is a similar process where students watch someone going about their day-to-day job. This can be from a couple of days to a few weeks. Again, this observing and learning helps them gain an understanding of the role, which is particularly important if they are considering future careers.

When work experience students and those that are work shadowing are of compulsory school age, they are not eligible for National Minimum Wage or entitled to employment rights as a worker. This also applies to those in further or higher education, if the placement doesn’t exceed one year, and participants in government schemes or programmes to provide training and work experience.

If you’d like to know more about your obligations as a business for volunteers, interns and those on work experience, contact me today.

 

How does Parental Leave affect your business?

Do you know enough parental leave and what your employees are entitled to? My blog looks at the legal obligations regarding unpaid leave to take care of a child.

What is parental leave?

Parental leave is leave, usually unpaid, available for parents to take time off work to take care of their child. It’s available for each child up to their 18th birthday, and employees are entitled to up to 18 weeks per child.

This leave must be taken as whole weeks rather than individual days, unless you agree otherwise with the employee or if the child is disabled.

Parental leave is not to be confused with shared parental leave, which is parents splitting and sharing maternity leave allowance.

Why would employees request parental leave?

Unpaid parental leave may be used to look after a child’s welfare. Examples include:

  • staying with a child who is in hospital
  • spending more time with a child
  • making and settling children into school/childcare arrangements
  • visiting family.

Employment rights (like the right to pay, holidays and returning to a job) are protected during parental leave.

An employee should give at least 21 days’ notice, and you can ask for this notice to be in writing. If an employee wants to take parental leave straight after the birth or adoption of a child they should give 21 days’ notice before the expected week of childbirth or placement.

Employees can take parental leave at any time up until the child’s 18th birthday but cannot take more than four weeks in any one year.

Do you have to pay employees during parental leave?

There is no obligation to pay employees during parental leave. If you do choose to do so, you need to clearly set this out in the terms and conditions of employment.

An employee qualifies for parental leave once they have completed 12 months continuous employment. After the birth of a child, if an employee starts working somewhere else, they must work continuously for a year before becoming eligible for parental leave.

As Acas states, to be eligible for parental leave the employee must also have a child under the age of 18 and:

  • be named on the child’s birth certificate
  • be named on the child’s adoption certificate
  • have legal parental responsibility for the child.

If the child’s parents are separated or the employee does not live with the child, they still have the right to parental leave if they have formal parental responsibility for the child.

What if the parental leave could disrupt your business?

If you believe that the requested leave could be detrimental to your business, you do have the right to postpone parental leave for up to six months after the original requested start date. If this is the case, you must write to the employee within seven days of receiving their request stating why the leave is being postponed and give new dates for the leave to be taken. You need to make sure that the requested period of leave is completed before the child’s 18th birthday, even if this is less than six months away from the date of the original request.

Parental leave cannot be postponed immediately following a birth or adoption.

If you have more questions about Parental Leave or need any other HR advice or support, contact me today

Mental First Aiders in the Workplace

Your business should have a trained first aider, and someone with responsibility for first-aid arrangements. This role is usually based on the medical side of first aid, however recent developments by campaigners and in Parliament are showing a case for mental first aiders in the workplace too.

A recent cross-party group of MPs has raised a motion for this change. As Luciana Berger MP argued in the commons on the 17th January 2019, the 1974 Health and Safety Act ensures that every large workplace has someone trained in medical first aid – an accepted and established part of every workplace in the UK. So, why is this not also the case for trained mental health first aiders?

Following a debate, there was a clear win for this motion, and the view that first aid regulations need to be updated to ensure that mental health is treated equally to physical health in the workplace.

What does this mean for your business?

First Aid regulations for your business are flexible and guided by your individual business and its needs. The HSE states that:

“HSE cannot tell you what provision you should make for first aid. You, as an employer, are best placed to understand the exact nature of your workplace and decide what you need to provide.

First aid provision must be ‘adequate and appropriate in the circumstances’. This means that you must provide sufficient first aid equipment (first aid kit), facilities and personnel at all times.”

You must do a first aid assessment to decide on the level of risks for your workplace and what you need to put in place – trained first aiders, first aid kits, training for staff and so on – to ensure that your workplace remains a safe place to work.

So should you add mental health to this assessment? The HSE suggests that you should consider this even before the outcome of January’s motion, supplying advice and guidance on how to proceed.

What next?

If you believe that this is applicable to your business you can consider a number of actions to manage mental ill health in your workplace, including providing information or training for managers and employees, employing occupational health professionals, appointing mental health trained first aiders and implementing employee support programmes.

I am qualified in both Health and Safety and HR so perfectly placed to help your business should you have any problems or queries. Contact me today if you need help with your first aid requirements.

Employment References – The employer’s guide

With January traditionally being a time for job hunting, owners of small businesses may find themselves asking for, and being asked for, more employment references than usual. Is your business prepared? Do you know your obligations regarding employment references?

Do you have to provide an employment reference?

Employment references give important information to potential employees regarding the suitability of an applicant for a role. They are often asked for in job applications, but there is no legal obligation to provide them.

It is up to you and your business whether you provide a reference and how much information it contains. However, if you do give a reference you must make them fair and accurate. It may just be the basic facts of an individual’s employment with you, or a more detailed overview. This can also depend on the nature of your relationship with the employee – as an employer you need to give the facts of employment, but as a manager you may want to provide details of the applicant’s character, strengths and weaknesses.

It is best practice to have a policy to help you and any managers handle reference requests, so everyone is aware what information they can provide.

Asking for employment references for a role

If you would like references from an applicant, they can be requested at any stage of the recruitment process. You must tell applicants if they will be required and at what stage of the recruitment process when they initially apply.

You must only seek a reference from their current employer with their permission.

What should an employment reference include?

Acas guidance states that references can include:

  • basic facts about the job applicant, like employment dates and job descriptions
  • answers to questions such as absence levels and confirming the reason for leaving
  • details about the job applicant’s skills and abilities
  • details about the job applicant’s character, strengths and weaknesses

References should not include irrelevant personal information.

Can you give a bad employment reference?

A reference must be a factual, accurate and fair reflection of the job applicant. Therefore, when opinions are provided, they should be based on facts and not be subjective comments. While you must ensure that your references are not misleading or inaccurate, you can still state the facts relating to the applicant’s skills, experience and strengths.

Some examples where a ‘bad’ reference might be applicable is where the job applicant doesn’t have enough experience of relevant responsibilities, that the reason for leaving the current job is different to what the job applicant put in their application, or that the job applicant doesn’t describe their current job properly.

Using social media to recruit employees

Social media presents a lot of benefits to recruitment, providing both a wider and more targeted approach to finding employers. In some cases, it has changed how employers approach recruitment, and may be the only way they recruit candidates. This in itself may be seen as discriminatory. Using more than one channel of recruitment helps attract potential candidates from different backgrounds. Recruiting from a wider pool of people, not just via social media, can help your business build a diverse workforce.

It can be tempting to look at job candidates’ social media profiles to find out more about the applicant. However, this can be unfair and carries the risk of discrimination. Using information from a candidate’s social media profile without their permission in the recruitment process could also breach GDPR rules.

If you have questions regarding employment references, contact me today

 

How do religious festivals impact on your business?

With a wide range of different beliefs in the UK, your business needs to have an understanding of the many religious festivals, holy days and observances that may occasionally affect your workforce.

It’s not just the Christmas break that can impact your bottom line – are you prepared for the rest of the year’s festivities and observances?

Which religious festivals affect employees?

Some practices and observances during festivals and holy days may apply to employees whilst they work, including fasting, prayer and abstinence that your business will need to consider. However, it is important to recognise that the nature, duration and requirements vary both on the religious festival and the personal beliefs of the individual worker or employee.

There are many religious festivals, including:

  • Diwali (Hindu)
  • Guru Nanak (Sikh)
  • Lent (Christian)
  • Pesach/Passover (Jewish)
  • Ramadan (Islam)
  • Vesak (Buddhist)

These religious festivals, holy days and observances could mean additional prayers, fasting and abstinence that may impact on your business. However, with planning and management, any adverse affects can be minimised and the actions taken by your company can increase morale and understanding amongst employees.

How can religious festivals impact on the workplace?

Fasting and abstinence, fasting in particular meaning limited or no food and/or drink for a specific day or period, such as the Hindu festival of Maha Shivaratri and the Islamic festival of Ramadan, may affect performance of employees. As an employer, encouraging flexible working and minimising physically/mentally demanding tasks can help increase productivity and reduce risk.

Some religious festivals may require additional prayers during the day, or for employees to take time off to participate, which may lead to staffing issues or the need for increased breaks during the working day.

There may also be a need to educate staff from different faiths and backgrounds that may not be aware of these festivals. Encouraging greater awareness and understanding of different religious backgrounds is very positive for the workplace. Raising awareness through providing details of religious holy days and festivals in company intranets or newsletter is a good way of improving morale and consideration and reducing any complaints that may arise.

What are your legal obligations as an employer?

As an employer, you are not legally obliged to grant requests for leave on religious grounds. However, as stated by Acas “many festivals/holy days require little or no special workplace action and some flexibility can improve staff morale”.

It is good practice to set out, within HR Policy and employee handbooks, steps that employees may wish to take in the case of religious festivals. For example, discussing and planning requests in good time are likely to minimise the impact (if any) of such requests. You need to balance the requirements of your business and the morale of your employees.

Simple and well-planned arrangements can help manage everyone’s expectations before issues arise. Are your employees asking for a full day off, or a few hours? Would flexible working resolve issues around fasting? Is there a need for a private space for prayer or meditation, in which you could provide a space during the festival or holy day?

Acas says it is generally unadvisable to offer paid special leave for such time off requests. You need to ensure that you do not discriminate in favour of a particular religion. Requests may be dealt with by using annual leave entitlement, flexi-time arrangements, one-off/discretionary flexi time off to be made up at a later time or unpaid leave.

If you are having issues dealing with the impact of religious festivals in your workplace, or need some guidance on how to manage employees with different religions and backgrounds, contact me today.

 

Have you thought about the impact of the Parental Leave and Pay Bill on your business?

In September 2018 the Parental Leave and Pay Bill, protecting the rights of bereaved parents in the UK, achieved Royal Assent, and is expected to come into force in 2020.

The Parental Leave and Pay Act will give all employed parents a day-one right to 2 weeks’ leave if they lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy. Parents that are employed will also be able to claim pay for this period, subject to meeting eligibility criteria.

With Parental Bereavement Leave about to become a legal right for the first time in UK history, is your business prepared to deal with the trauma and unimaginable impact that comes with the death of an employee’s child?

What has changed?

Grieving parents currently have no automatic right to time off work, although employers are expected to grant “reasonable” leave in emergencies.

Currently under the Employment Rights Act, employees have a day-one right to take a reasonable amount of unpaid time off work to deal with an emergency involving a dependant, which includes making arrangements following a dependant’s death. The length of time off is whatever can be agreed between you as the employer and the employee.

The new law will grant parents the right to two weeks’ leave, paid at 90% of average weekly earnings or the statutory flat rate – which was £140.98 in 2016-17, if they are eligible.

Small firms should be able to reclaim the full cost from the government, with larger firms recouping about 90%.

Your Bereavement Policy

Although all compassionate leave needs to be taken on a case-by-case basis, it is important to have a bereavement policy in place. As an employer, if you have not done so already, the introduction and communication of your bereavement policy will help all workers know what happens on such occasions and their entitlements.

For parents, the loss of a child will be devastating and as an employer you need to recognise that the whole family will be affected. You will need to consider the situation as a whole as you deal with the affected employee. For example, are they a single parent? Was the child an only child or are there siblings involved?

It is only after you answer these questions that you, alongside the employee, will be able to understand how much support will be needed from the workplace. The answers to these questions will influence how much support from the workplace is needed.

Acas recommends in their good practice guide that a single parent with other children to attend to will possibly need more flexibility (such as time off, flexible working and so on) in order to return to full-time work. Some bereaved parents may need a longer-term change in their working hours.

Supporting the other partner is also something to consider. If one parent is not coping as well as the other, your employee may require more flexibility regarding their work hours.

If you need more guidance regarding your bereavement policy, or supporting an employee through the death of a dependent, contact me today

Rest Breaks – What are workers entitled to?

Do you know how many breaks your workers are entitled to? It may seem like common sense, but entitlements vary depending on age and the time of day your employees are working. If you haven’t thought about the different needs and legal obligations you have when employing night workers, for example, then you may be breaking the law.

What rest breaks are workers entitled to?

There are three types of break. Workers are usually entitled to have one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours. This break does not have to be paid, as this is your decision as an employer. Whether or not it is paid must be specified in any employment contracts.

A daily rest is the entitlement workers have to 11 hours rest between working days. So if they finish at 8pm, they shouldn’t start work again until 7am at the earliest the next day.

Workers also have the right to a weekly rest, therefore an uninterrupted 24 hours without any work each week or an uninterrupted 48 hours without any work each fortnight.

These legal requirements apply to those over 18, and there are differences when employing younger or night workers.

Young workers

Young workers, those under 18, are entitled to longer rest breaks. They are required to have a 30 minute rest break if they work more than 4.5 hours (one continuous break if possible), with a daily rest of 12 hours and a weekly rest of 48 hours.

There can be exemptions to these rules on break times, but only in temporary exceptional circumstances. Any rest that the young worker has missed has to be taken by them within the following three weeks.

Night Workers

Night workers are classified as those who regularly work at least 3 hours during

11pm to 6am. You can agree, in writing, between employer and worker, to a different ‘night period’ however legally it must be 7 hours long and include midnight to 5am.

If you do employ night workers, you must offer them a free health assessment written by a qualified health professional, before they start work, with repeat assessments offered regularly. Workers don’t have to accept, but you must keep records for two years of the health assessments and the dates when assessments were offered.

If you are unsure about whether the worker is fit for night work, a follow-up examination by a health professional is required, and you must offer suitable other work where possible if a worker has health problems that a doctor says are related to night work.

Night workers must not work more than an average of 8 hours in a 24-hour period. This average is usually calculated over 17 weeks, but it can be over a longer period of up to 52 weeks if the workers and the employer agree, with regular overtime is included in the average, but not occasional overtime.

Any night work must be subject to a risk assessment to identify special hazards and work involving mental or physical strain. If the workers deal with special hazards or mental or physical strain, they can’t work longer than 8 hours in any 24-hour period.

Remember that you must keep records of your night workers’ working hours to show they aren’t exceeding the limits, and these records must be kept for at least 2 years.

Young Night Workers

Workers aged 16 or 17 can’t work between midnight and 4am. They usually can’t work between 10pm and 6am (this can be changed to not working between 11pm and 7am, by contract) but there are exceptions if they work in certain industries, such as agriculture or hospitality.

In exceptional circumstances young workers can work at night if there’s no adult to do the work and they’re needed to either handle a sudden increase in demand or maintain the continuity of a service/production.

You, as an employer, must then give the young person a rest period of the same length as the extended shift.

When does these obligations not apply?

The contract you have with a worker may say they’re entitled to more or different rights to breaks from work. Gov.uk points out that workers engaged in more monotonous duties have have to take more breaks to ensure their health and safety isn’t at risk. Conversely, domestic workers in a private house (eg a cleaner or au pair) aren’t entitled to rest breaks for health and safety reasons.

Confused about rest breaks? Talk to me today to find out more

 

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