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Feb

01

2018 National Minimum Wage Increase

 

April heralds Easter weekend, birthdays for the star signs Aries and Taurus and of course, the annual increase to the National Living Wage and National Minimum Wage.

Current and increased rates

The below rates are for the National Living Wage and the National Minimum Wage. The rates change every April.

Year 25 and over 21 to 24 18 to 20 Under 18 Apprentice
April 2017 (current) £7.50 £7.05 £5.60 £4.05 £3.50
April 2018 £7.83 £7.38 £5.90 £4.20 £3.70

 

As the rate increases are linked with age, it’s vital to keep an eye on whether employees are tripping into a new bracket during the course of a year, especially if you have a young workforce. Implementing a system to help you flag these changes will help enormously.

If you realise you haven’t been paying an employee the correct minimum wage then you need to work out the difference and pay any arrears immediately. If you are unsure, the Gov.uk site has a calculator which can help you check any existing rates of pay as well as calculating what you should be paying any future employees.

To ensure you are complying with the letter of the law, it’s also worth checking you understand what counts as working time, as it may not always be as clear cut as you think…

What counts as working time?

For all types of work, including time spent:

  • at work and required to be working, or on standby near the workplace (but don’t include rest breaks that are taken)
  • not working because of machine breakdown, but kept at the workplace
  • waiting to collect goods, meet someone for work or start a job
  • travelling in connection with work, including travelling from one work assignment to another
  • training or travelling to training
  • at work and under certain work-related responsibilities even when workers are allowed to sleep (whether or not a place to sleep is provided)

Don’t include time spent:

  • travelling between home and work
  • away from work on rest breaks, holidays, sick leave or maternity leave
  • on industrial action
  • not working but at the workplace or available for work at or near the workplace during a time when workers are allowed to sleep (and you provide a place to sleep)

You can find examples on the Gov.uk website or if you need further information or advice, get in touch.


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Dec

12

How to create a Sexual Harassment Policy

 

Following the latest scandal which has spread from Hollywood to Westminster, sexual harassment is again plastered over the front pages of the papers and trending on social media, it seems timely to create a Sexual Harassment Policy.

Despite having Equal Opportunities within the workplace since the ‘70s, it has been proved time and time again that gender hypocrisy still exists within the workplace.

Sexual harassment can impact greatly on the victim’s emotional and mental health, leading to a loss of self esteem. For the majority of people, work is where you spend most of your time and, to victims, it can feel like there is no escape from the perpetrator.

There have been calls for a dedicated legal process to deal with Sexual Harassment within the workplace in addition to the current Equality Act 2010 to support vulnerable employees (both men and women).

Having a good policy can help employees raise these concerns, rather than going on long term sick as a first response. This article aims to help small businesses to consider what could be included in a Sexual Harassment Policy (SHP).

Encouraging staff to be open and bring claims forward

Ensure your SHP is clear that any allegations will be looked into fairly and that the employee raising the claim will not be discriminated against as a result.

Who can the allegation be raised to?

In the usual grievance process, an employee often has to raise a grievance with their line manager. However, given the sensitivity of such allegations, the SHP can be more lenient and encourage employees to seek guidance from a trusted manager or senior colleague. Making the process easily accessible will help remove barriers, enabling victims of harassment to come forward.

Can the employee remain anonymous?

Protecting the identity of the employee raising the allegation can encourage them to speak out about Sexual Harassment. This would need to be carefully worded as there may be times when this is impossible given the circumstances. However, withholding the accuser’s identify in the initial investigation stages could help victims make that all important first step.

Train managers

Often sexual harassment is seen to be a joke, with the victim being categorised as ‘too sensitive’. It is important to remember that a business can be liable for the actions of its employees. Therefore it is important to train managers to prevent sexual harassment, and if not possible, train mangers to handle any accusations with care and compassion.

If a complaint should go as far as a tribunal, how the company responded to complaints will be examined and scrutinised.

Act - even if no complaint has been made

In the absence of the victim coming forward, or even if gossip is going around the office, investigate! The victim may not feel able to come forward for many reasons (being the source of the office gossip won’t help), but that does not mean they are not entitled to a fair outcome.

This will set a precedent for any would be perpetrators and shows that your company has a zero tolerance on sexual harassment.

Follow your Sexual Harassment Policy!

Having a policy is all well and good, but if you do not follow it, it is meaningless.

Conclusion

Sexual harassment is a serious issue that employers may inadvertently be liable for. Having a good policy, and more importantly following this policy, should help protect small businesses from avoidable disruption and legal action. If you would like help to create a Sexual Harassment Policy, or need help supporting an employee who has been a victim of sexual harassment, contact Opsium for further advice.


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Dec

07

Holidays and what you should learn from Ryanair

 

Within the Working Time Regulations 1998, all employees are entitled to a minimum of 5.6 weeks holiday. Not being organised or planning in advance for annual leave could land an employer in hot water - just ask Ryanair. Ryanair have received widely publicised criticism for not managing employees’ holidays correctly. The impact and final cost of this has not been published by Ryanair, but it has been estimated to have cost over £20million.

The aim of this article is to stop small businesses from falling into the same trap and costing the employer hard earned cash.

Know your employees' contractual terms

Knowing exactly how many holidays each employee is entitled to will help a business with its holiday management. Being aware of any contractual obligations that an employer has committed to regarding holidays will also help. Some contracts guarantee that an employee will have 2 consecutive weeks off per year, or that an employee can give as little as 48 hours notice to take holidays.

Don’t assume that the employee will only have the statutory minimum of 5.6 weeks.

Having a clear holiday policy

Similar to the above point, if the contract is silent on holiday particulars, then having a good policy in place will help with holiday management.

A good holiday policy will provide details on:

  • How much holiday can be taken at one time
  • How much notice must be given to take holiday
  • How many people can be off at any one time
  • When the holiday year runs from and until
  • Whether or not unused holidays can be carried over into the next holiday year

Holiday is still considered to be a ‘use it or lose it’ benefit, but if this point is emphasised in a policy it makes it much easier for businesses to enforce.

Keeping an effective log of holidays

Who has taken what and when? Being organised and monitoring how much holiday an employee has taken and when will help. Regularly reviewing who has taken what holidays and proactively contacting employees who have a ‘build up’ of holidays to ensure they book them in should stop an end of year rush.

Remember under the Working Time Regulations 1998, an employer can dictate that an employee takes holiday as long as double the amount of notice is given in relation to the amount of holiday the employee will be expected to take; i.e. if an employer wants an employee to take a 1 week holiday, 2 weeks’ notice should be given.

Don’t be afraid to say no!

An employee has the right to request holidays, but does not have the right to have holidays granted. An employer can, within reason, say no to an employee’s holiday request.  If the holiday request does not fall within the holiday policy, or will have a negative impact on the business, an employer does not have to grant it.

Employees should ensure that holidays have been accepted before booking their trips away.

Conclusion

Being organised, knowing your employees’ terms and conditions, having a good, clear policy and sticking to it are all essential to effective holiday management.

As with any policy, being fair and consistent will help everyone with forward planning.

If you need help writing a holiday policy contact one of our Employment Law Consultants on 0161 603 2156.


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Nov

30

The office Christmas party and how to avoid the hangover from hell

 

Christmas is fast approaching and with it, the office Christmas party.

It is widely acknowledged that an office Christmas party has advantages. They are often morale boosting and provide an excellent opportunity to celebrate success, network and mingle with co-workers you don’t get to see on a day to day basis.

However, whenever employees let off steam there are likely to be fallouts.

This article looks at how you can protect yourself from legal disputes arising, and if they do occur, help manage a potential hangover from hell.

OPEN BAR MEANS POTENTIAL TROUBLE

While you would be seen as the best boss in the world at the start, once people have had their limit and then some, the chances of you having to stop a fight, dry tears or send someone home early in a taxi cradling a bin is likely to be increased substantially.

A set amount of drinks vouchers is one way to ensure that you are still happy for people to enjoy themselves, but without inviting risk.

CLEAR PROMOTION AND PAY STRUCTURE POLICIES

Allegations regarding false pay rise promises and female colleagues being denied a promotion due to rebuffing a senior staff member’s unwanted advances are common tribunal trends after the office Christmas party. If a company has clear guidelines of how promotions are given, use a fair recruitment process and implement clear pay structures this will help minimise the risk of such claims.

CLEAR GRIEVANCE POLICY

Having a clear grievance process that an employee can follow should they feel they have been a victim of excess merriment will help you deal with the aftermath.

TRAIN MANAGERS ON THE GRIEVANCE PROCESS AND CONDUCT

Training managers to deal with grievances appropriately can help resolve matters quickly and hopefully stop conflicts escalating to a legal dispute. Many grievances can often be settled informally if quick action is taken. Training managers to find compromises between disgruntled staff, or giving managers the confidence to tackle poor conduct can save small businesses money in the long run.

HAVE A SEPARATE SEXUAL HARASSMENT POLICY

Given recent events widely reported in the news regarding the Weinstein allegations, more emphasis is being placed on the employer’s responsibility to protect employees from unwanted sexual harassment.

Having a Sexual Harassment Policy will emphasise how seriously you take any such matters, detailing the consequences should an employee be guilty of such action while representing the company.

ON THE CLOCK

Which leads on to reminding employees before the party that they are still on the clock and anyone acting in an inappropriate way will be dealt with as though they are still in the office.

CONCLUSION

Having an annual Christmas party can help employees feel valued and boost morale. Many employers wrongly shy away from the risk of having a Christmas party and miss out on the chance to energise staff.

Being prepared, controlling the merriment and having strong policies in place will help protect employers from legal action.

For more ideas on managing the Christmas party from the business community, check out the latest Community Chest.

If you need any support on a grievance or issue regarding the upcoming Christmas party contact Opsium.


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Oct

09

Top five questions your employees are too scared to ask

 

According to a recent study from CV-library, the UK’s leading independent job board, one in four employees (22.5%) admitted there are certain questions they are afraid to ask their employer, with that number rising to 31.3% amongst millennials.

A survey conducted with 1,000 UK professionals found that despite their initial fear and hesitation, just under half (49.4) would feel less awkward approaching their boss once they got to know them more.

The top five

The questions employees feared bringing up with their employer most were:

  1. Can I have a pay rise? 63.6%
  2. Can I have a promotion? 34.6%
  3. Can I work more flexible hours? 32.7%
  4. Can you help me with a task? 27.6%
  5. Can I take some time off? 26.4%

Speaking about the results, Lee Biggins, founder and managing director of CV-Library said:

“There’s a fine line between being too passive, and too aggressive when it comes to your employees asking about pay rises or promotions. It’s important that you create a culture where they feel comfortable enough to ask you anything, it’s then up to you whether or not you grant their request.

If your employee rightly deserves that promotion or whatever it is they’re asking for, hopefully you’ll have already noticed and can reward them for their efforts. Communication is key in the workplace, and providing they approach you in a professional manner with a reasonable request, there is no reason why your staff should feel nervous about asking a question.”

Comfort levels

As with most situations, the longer we’ve known a person the more confident we feel about speaking to them. But how long should that take on average? According to the survey, 30.3% of workers believe it would take a month or so for them to feel comfortable, while 23.4% felt that a week would be sufficient.

Surprisingly 8.5% said they would never feel comfortable talking to their boss.

Biggins concludes:

“It’s worrying to learn that nearly one in 10 said they’ll never feel comfortable with their boss, especially if this stops them from asking important questions. It may always be nerve wracking asking for help, flexible working or for whatever it is they need, so as an employer it’s important that you create a friendly culture where your workforce feel that they can approach you if necessary. In the end we’re all human and your employees just want to do what’s best for their career. As a leader you should support and nurture this.”

How can you become more approachable?

Any good leader will champion communication within their ranks. Failure to communicate well with your team opens the door for potential issues down the line. While it’s easy for people to advise creating a friendly atmosphere how do you go about implementing such a thing?

The best way is to be visible. The harder it is for your employees to see you, the less chance they are going to have to engage with you in any meaningful way. Simply walking through the workplace and asking people how they are getting on is a great chance for you to build a rapport with your employees. You’d be surprised how loyal people become when they feel a part of the team.


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