I recently ran a seminar in conjunction with Interaction Recruitment on “Turning Absence into Profit”. It was attended by over 30 businesses and generated a lot of lively discussion. To view the main points covered off in this Seminar please click the link;  View the presentation here >. If you would like more information just give me a call.

It’s happened and can’t be ignored. The Default Retirement Age has been abolished and was phased out on 1st  October 2011. As an employer need to revise your contracts and policies and communicate the changes to your staff.

The change will raise a number of issues that will require due consideration; for example in a physically demanding job where an employer might accept a decline in performance from an older member of staff knowing that they are due to retire, this will no longer be the case. In this instance it may be appropriate to provide an alternative role, however and each situation will need to be considered on its own merits.

We have a proforma letter to send out to all staff explaining the change and covering their obligation to give you notice should they decide to retire. Contact me if you would like more information or click here to request a copy of the proforma letter.

Updated Agency Workers Regulations applying to workers who find temporary work through an agency came into force on 1st October 2011. Here is an overview of the main issues;

The scope of the Regulations: Applies to workers who find temporary work through an agency

Who is an agency worker: A worker provided by a “temporary work agency” to do work for and under the supervision of a “hirer”

What is a temporary work agency: An agency who supplies the “worker” to the “hirer” for a temporary assignment

Hirer: The “end user” organisation to which the agency worker is supplied

Day one rights for all agency workers: To be informed of any vacancies arising in the Hirer organisation. Equal treatment in access to collective facilities and amenities

The right to equal treatment following a 12 week qualifying period: Equal treatment: basic working and employment conditions, Pay and (some) bonuses, holiday pay, overtime, childcare vouchers, Working time, rest breaks and holiday entitlements

Calculating the 12-week qualifying period:
From start of assignment: At least 6 weeks break between assignments for same hirer Breaks for sickness, annual leave, temporary shutdown, “statutory” leave, e.g. maternity do not end the assignment

Enforcement and remedies
Worker claims 2 weeks wages and rights are restated
Possible £5000 fine

Who is liable for a breach – the agency or hirer?
Agency in first instance but Hirer must have adequate systems and communications in place, otherwise could be liable too.

Actions to take
Take advice and use an agency who have a credible and comprehensive service!

If you would like more information or sound advice on the new Agency Workers Directive please contact at Employers Cookbook on 08456 52 99 00 or email nigel@employerscookbook.co.uk
 

Are you looking forward to letting your hair down and enjoying the merriment? Before you and everyone around you gets lost in Christmas spirit, take a moment to make sure you have put in place the right measures to ensure everyone enjoys themselves, without overstepping the mark.

Remember that your Christmas party is a work activity and you are responsible for the safety and actions of your staff – just like any other business activity. Staff may be tempted to let their behaviour slide as they let their hair down so do set boundaries. It’s mostly harmless fun, but problems can arise if employees find themselves coerced into things which they’re uncomfortable with, whether it’s excessive drinking or over-familiarity. Set and communicate clear guidelines and expectations before the event to remind employees of their responsibilities… including turning up for work on time the next day in a fit state! Make sure that either yourself or another senior member of staff remains in control, overseeing the event and discreetly managing any issues as they may occur through the party. It’s far better to nip things in the bud whilst they are happening than having to deal with issues after the event.

It may seem obvious but do be careful what you promise. A couple of drinks and an informal chat with an employee at a party can easily lead to promising things you didn’t really mean. It could be a new budget for a particular project or a hint at promotion. While you may not intend to create something legally binding the employee could misunderstand and call you to account in the following weeks and months.

If you’re having a party at your office do make sure it’s safe. Remove trip hazards; ensure equipment is covered or put away; make sure your tree doesn’t obstruct exits or risk injury if it topples over. And don’t allow people to stand on swivel chairs when they’re putting up the decorations!

And finally … enjoy the event! These common sense strategies can save you money and hassle, both at the event itself and afterwards through less absence and conflict in the days and weeks that follow.

If you need any more information please contact Nigel at Employers Cookbook on
08456 52 99 00 or email nigel@employerscookbook.co.uk

The mild autumn weather belies the fact that winter is fast approaching, but cast your mind back to December 2010 when temperatures plummeted across the United Kingdom, and created havoc on the roads. With that in mind, here are a few reminders on how to manage employee attendance during extreme weather conditions.

1. Make clear your expectation by informing your workers that, in the event of extreme weather conditions, the business will be open as usual and employees should come to work unless it really isn’t reasonable for them to do so. Do remember as an employer you do have a duty of care towards your employees; whereas you might expect a fit, healthy employee to walk to work in the snow, this may be too risky for an older member of staff!
2. You don’t have to pay an employee who does not make themselves available for work however it would be advisable to first explore the options of; working from home, attending an alternative site, allocating the time off as holiday or other leave or possibly assigning the day as a non-working day or requesting that employees make up missed time. Always check your contracts or policies preventing non-payment and be especially careful where the absence is due to issues over childcare.
3. Employees have a legal right to take time off to care for dependants e.g. if their child’s school is shut. However if there is advance warning or a situation carries on for a number of days it is unlikely that this right would cover extended leave. Always check your company’s policy.
4. If an individual seems to be using the extreme weather conditions as a reason for being late or not turning up you should consider disciplinary action for misconduct. You will need to investigate their circumstances and implement a fair disciplinary process in accordance with your company’s policy.
5. Show your appreciation to employees who have made the effort to get into work and be seen to be dealing with employees who neither make it into work, nor work from home – for example by requiring that they take the time as holiday.
6. Finally prevention is always better than cure. Make sure that you have a clear policy stating your company’s expectations regarding attendance, pay and alternative arrangements during extreme weather conditions. And make sure that employees are aware of this policy.

If you’d like some sound advice on how best to manage employee attendance during extreme weather conditions please contact Nigel at Employers Cookbook on 08456 52 99 00 or email nigel@employerscookbook.co.uk