robbryanassociates

Archive for 2019|Yearly archive page

Changes to sick pay rules from April 2019

In absence, Employment law, Uncategorized on April 11, 2019 at 12:27 pm

As of 6th April 2019 entitlement to sick pay is changing. The amount employees need to earn in order for Statutory Sick Pay to apply is rising from £116 per week to £118. The rate of pay will also increase by £2.20 to £94.25 per week.

As before employees need to have been off work sick for 4 or more days in a row (including non-working days) to qualify and SSP can be paid for up to 28 weeks.

 

If you would like guidance on managing absence in your workplace, contact us at Rob Bryan Associates Limited Main Office: 01462 732444  www.robbryanassociates.org.uk

Advertisements

5 Important Employment Law updates in April 2019

In Uncategorized on February 28, 2019 at 11:34 am

April 2019

1. New minimum wage rates

The National Living Wage (NLW) and National Minimum Wage (NMW) are set to rise in April.
The new rates will be:

  • NLW (25+) – £8.21 per hour
  • NMW for 21-24-year-olds – £7.70 per hour
  • NMW for 18-20-year-olds – £6.15 per hour
  • NMW for 16-17-year-olds – £4.35 per hour
  • NMW apprentice rate – £3.90 per hour

Employers with staff earning the NLW or NMW, or close to it should check what adjustments need to be made ready for April.

 

2. Increases in statutory sick pay, maternity, paternity, adoption and shared parental pay

  • Statutory sick pay will rise to £94.25 per week
  • Statutory maternity, paternity, adoption, and shared parental payments will rise to £148.68 per week
  • Accommodation offset will rise to £7.55 per day

 

3. New statutory compensation rates

  • the limit on the daily amount of statutory guarantee pay will increase from £28 to £29
  • the limit on the amount of the unfair dismissal compensatory award will rise from £83,682 to £86,444 (there is an additional cap of one year’s gross salary on the compensatory award)
  • the minimum basic award for certain unfair dismissals will go up from £6,203 to £6,408.
  • The main change is that the amount of a “week’s pay” for calculating statutory redundancy pay and certain unfair dismissal awards is to go up from £508 to £525 from 6 April 2019. The maximum unfair dismissal compensatory award will increase from £83,682 to £86,444 and the limit on the daily amount of statutory guarantee pay will rise from £28 to £29.

 

4. Workplace Pension Auto-enrolment increases

  • The minimum contribution will now be a total of 8%. The employer minimum contribution will be 3%.
Date Employer minimum contribution Total minimum contribution
Currently, from 6 April 2018 to 5 April 2019 2% 5% (including 3% staff contribution)
6 April 2019 onwards 3% 8% (including 5% staff contribution)

5.  Payslips

  • Changes to the way employers issue payslips will also come into force on 6th April 2019 as from this date onwards the legal right to a payslip will be extended to include those who are recognised as ‘workers’.
  • Employers are required to:
  • provide payslips to all workers
  • show hours on payslips where the pay varies by the amount of time worked
  • Employers should work with their payroll departments to ensure that correct procedures are in place by April.

Mental Health in the Workplace

In Uncategorized on February 14, 2019 at 10:32 am

Let's talk about mental healthAround 25% of workers in the UK will suffer from poor mental health at some point in their working life. The cost to business, work teams, workers and their families is high.
As a manger or business owner what can you do to support your workers and aid recovery?

Recognise the issue
If you employ enough people for long enough then you will, if you haven’t already, encounter a worker with a mental health problem. Be prepared and informed. Find out about the 6 standards that the HSE have identified as factors in workplace stress.

Talk
This doesn’t have to be a direct question about their mental health – try to find out what circumstances are impacting them within the workplace. The HSE standards can be used as a framework for your discussion. Look for ways you can support and assist. You may be able to communicate some of your observations but remember that it is not a disciplinary hearing. Make sure you agree a date to talk again. It may take a number of discussions before an employee is willing to open up.

Plan a recovery programme
Recovery periods in cases of mental health can be uncertain and each person is different. Obtain a report from the worker’s GP and include specific advice in your plan. Record what steps are agreed and put in dates for review.

Create a supportive working environment
Improve your awareness and knowledge – promotion of well-being is as important as assisting with recovery. You could also look into offering an Employee Assistance Programme (EAP).
Be aware of unusual patterns of absence, behaviour or productivity as these can be signs of an issue.
A temporary period of flexibility may help.
Some larger organisations have well-being ‘first-aiders’ a person can approach if they are feeling overwhelmed.

Let’s be knowledgeable and prepared to tackle these issues and let us have the courage to act on what we see around us and create a workplace that can support those working within it.

For more resources to help you approach Mental Health see our website.

New mothers to get extended protection against redundancy

In Employment law, Equality, government, maternity on January 31, 2019 at 1:26 pm

copyof1in9womensaytheywerefired2cmaderedundantorforcedoutofjobOn 25th January 2019 the government launched a 10-week consultation to examine the proposal that legal protection against redundancy should be extended to 6 months for new mothers returning to work.

Under the Equality Act, job applicants or employees must not be treated unfairly or disadvantaged due to pregnancy or maternity. However, research by the Department for Business, Energy and Industrial Strategy (BEIS) found that 1 in 9 women (11%) said that they had been fired or made redundant on their return to work; or were treated so badly they felt they had no option but to leave.

Currently, if redundancies are being made, those on maternity or shared parental leave have to be offered a ‘suitable alternative’ where one is available, giving these employees priority over others who are also at risk of redundancy. However, this provision ends when an individual returns to work.

The proposed legislation will extend this protection for new mothers to six months after return to work. The consultation may also consider applying this right to others, for example men on shared parental leave and those on adoption leave.

While these proposals have been welcomed, advocacy groups have said that the underlying issues remain and more can be done to support parents returning to work and prevent working mothers being discriminated against.

 

If you would like guidance on your Pregnancy, Maternity or Family Friendly policies and procedures in your workplace, contact us at Rob Bryan Associates Limited Main Office: 01462 732444  www.robbryanassociates.org.uk

Preventing Illegal Working

In Employment law, government, workers on January 24, 2019 at 11:41 am

Updates to procedures from January 2019

document id uk driving license driving licence

All employers have a responsibility to prevent illegal working and must therefore carry out ‘right to work checks.’ Businesses can be fined up £20,000 if they are found to have employed an illegal worker and hadn’t followed the checking procedure. Knowingly employing someone without right to work can result in a jail term and unlimited fine.

From 28th January 2019 employers will be able to use the Home Office’s online checking system to determine a prospective employee’s right to work in the UK without the need to receive documents from the individual. This applies to non-EEA nationals who hold a biometric residence permit/card or EEA nationals who have been granted immigration status under the EU Settlement Scheme. EEA nationals without settled status will still need to provide appropriate documentation.

Immigration minister Caroline Nokes called it “another step we are taking to simplify and modernise the immigration system,” and said it would make it easier than ever for migrants to view and prove their right to work in the UK.

When using the online system the employer is required to:

  • Check each applicant and only recruit, or continue to employ, if the online check confirms their right to work
  • Carry out a visual identification using the photo supplied with the online check
  • Retain the result of the check during the individual’s employment and for two years following

If an online check cannot be carried out, the Home Office Employer Checking Service should be contacted and applicants will need to supply the required documents.

Changes will also be made to the checking of UK Nationals in order to accommodate those who do not hold a passport. List A documents allow UK individuals to provide full or short-form certificates alongside an official document containing their National Insurance number.

 

Links:

https://www.gov.uk/employee-immigration-employment-status

Be Ready for Bad Weather

In Employment law on January 10, 2019 at 10:51 am

automobile-car-close-up-730901

So far, this winter has been fairly mild but as we head into January, we can expect low temperatures and the possibility of ice and snow. Indeed, bad weather such as flooding or severe winds can disrupt work at any time of the year. It pays to be prepared.

If the workplace is able to open, staff are expected to try to make it in to work unless otherwise informed by their employer. If they do not arrive at work they are not entitled to pay.

Employees who do arrive ready to work have the right to be paid. However, there may be no work available or there may be a need to temporarily shut down.

An individual’s ability to get to work may depend on factors beyond their control. Perhaps there is travel disruption, safety concerns or there are issues with dependants such as school closures. Employers need to consider:

  • how all staff can be treated fairly,
  • an incident / emergency communications plan
  • what plans can ensure business continuity.

Some employers offer:

  • home working
  • short notice annual leave
  • using banked time-in-lieu
  • opportunities to make up the lost time

Action:

  • We advise that you include a ‘Bad Weather Policy’ in your Employment Handbook so that management and staff are clear on your company’s protocol should severe weather strike.
  • Consider how you can communicate with your workforce in the event of severe weather

If you would like guidance on implementing this in your workplace, contact us at Rob Bryan Associates Limited Main Office: 01462 732444  www.robbryanassociates.org.uk