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Jun

03

World Cup 2014 Fever!

The World Cup is expected to bring the nation together to support a team of 11 men for one month this summer (or at least until we are knocked out!) Now is the time for businesses to start thinking about how the event might impact upon the workforce.

Attendance - It could be likely that matches will have a significant effect on attendance at work; especially given the time difference which means that many matches will take place late at night and into the early morning hours. This could impact upon sickness, lateness issues and could increase the number of unauthorised absences.

Ensure that you have policies in place to deal with these circumstances and that it is being reiterated to staff members ahead of time. Those that are late into work without a reasonable excuse or fail to attend work at all could face disciplinary action. Businesses should consider carrying out return to work interviews and having a greater scrutiny of all absences....

Holidays – Those that are more organised may decide to take annual leave to cover any absence that could occur following a match. Ensure that employees know of the holiday request procedure and that managers are taking a consistent approach to authorising annual leave, such as a ‘first come, first served’ approach or a rota system.

Alcohol – Given the fact that many will be drinking on a match night, there are increased possibilities that employees could attend work under the influence. Ensure that there is an alcohol policy in place that illustrates to employees that being under the influence in the workplace will not be tolerated.

Internet Usage – Ensure that a Social Media and Internet Policy is in place. This should illustrate what is and is not acceptable in the workplace and the consequences of breaching this.

Behaviour – Emotions can run high therefore it is important to ensure that banter amongst employees does not stray into the use of offensive remarks or unacceptable language towards another person’s nationality. Behaviour such as this could result in grievances amongst the workforce and potential claims for race discrimination. Employers should consider implementing an equal opportunities policy and sending a message to staff that if this behaviour occurs then disciplinary action will be taken.

If you have any questions regarding these issues please contact us on 0161 603 2174 quoting the reference WCF14.

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Posted by: Jessica Stock
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May

22

BREAKING NEWS…CALCULATING HOLIDAY PAY HAS CHANGED

The Court of the European Union has judged today that commission payments should be taken into account when calculating a worker’s holiday pay in the case of Lock v British Gas Trading Limited.

This decision is firmly in the employee camp however there are further cases due this year which may shed further light on the situation. Employers should therefore start the practice of including this figure within their calculations. Failure to do so could result in claims under the Working Time Directive and back pay.

Contact us if you need more advice.


Posted by: Grahame Davies
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May

22

Flexible working changes

On 30th June 2014 the right to flexible working will be extended to all employees with eligibility. The flexible working request process in place at present will change; therefore employers need to be aware of the legal procedure. Read more in our latest blog article.


Posted by: Opsium marketing
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May

22

Flexible working changes

The right to flexible working is to be extended to all those with 26 weeks’ service on 30 June 2014 according to current reports.

This change in the law brought about by the Children and Families Bill will also include an abolition of statutory procedures for dealing with the requests. Employers will be required to deal with the requests in a “reasonable” manner and notify employees of a final decision within three months....

 

ACAS has published a draft statutory Code of Practice to explain the meaning of “reasonable” in this context and provide clarity for businesses.

The Code provides the following advice to employers once they receive a request:

  • Invite the employee to attend a formal meeting and allow them to be accompanied by a work colleague;
  • The meeting should aim to discuss in detail the request and its mechanisms and impact upon the business;
  • Following the meeting, employers should consider the request:
    • Presume that they will grant requests unless there is a business reason for not doing so
    • Inform the employee in writing of their decision and if the request is accepted to discuss how and when the decision can be implemented
    • Only reject a request on the basis of one of the existing eight business reasons specified in section 80g(1)(b) of the Employment Rights Act 1996
  • If the employee’s request is rejected then they will be entitled to appeal against the decision

Currently only employees with children under the age of 17 (or 18 if the child is disabled) or who are carers have the right to request a flexible work pattern.

It is thought that by extending this right to all employees, it may answer the calls for a better work/life balance and may even improve absence rates, however time will tell whether more employees take up this offer and whether businesses could cope with the demand.

 

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Posted by: Jessica Stock
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May

16

Changes to annual leave

Annual leave is a hot topic and employers need to know of the changes and new rules that case law has brought with it.

Further information will be available towards the end of the year, however employers should ensure that they are aware of the changes that have taken place so far. This includes commission being included in the calculation for holiday pay and that the Working Time Directive does not require the carrying over of the 1.6 weeks’ additional leave when absent due to sickness.

Read the full article on our blog and ensure that you keep checking the news items for up to date amendments to this area of employment law. 


Posted by: Opsium marketing
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