robbryanassociates

Posts Tagged ‘law’

Employee screening – are you up to date with changes to DBS ID checking?

In Uncategorized on August 13, 2018 at 10:00 am

From the 3rd September 2018 the documentation accepted for DBS checks for non-EEA nationals will be changing. This is to better align the system with Right to Work checks. The current guidelines will continue to run until 3rd December 2018 to allow employers a transition period to adjust their internal procedures.

The changes will apply to all levels of DBS check.

It will no longer be necessary to supply a Passport as an additional item to the following 3 documents:

  • A current Residence Card (including an Accession Residence Card or a Derivative Residence Card) issued by the Home Office to a non-European Economic Area national who is a family member of a national of a European Economic Area country or Switzerland or who has a derivative right of residence.
  • A current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
  • A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

The following documents  have been added to list of items that can be used as the Primary Document for non-EEA nationals seeking paid employment:

  • A Permanent Residence Card issued by the Home Office to the family member of a national of a European Economic Area country or Switzerland – added to documents available for Non EE applicants.
  • A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question – added to documents available for Non EE applicants.

The document below has been added to  the Group 2b document options for all applicant types (UK, EEA and non-EEA nationals):

  • Irish Passport Card

Guidance on the list of supporting documents that can be used by countersignatories in the ID checking process can be found at www.gov.uk/government/publications/dbs-identity-checking-guidelines/id-checking-guidelines-for-countersignatory-applications 

Do you need advice regarding your employee screening processes? Contact RBA to discuss how we can help. 

Rob Bryan Associates Limited Main Office: 01462 732444  rob@robertbryan.co.uk 

 

 

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Heatwave Hot Tips

In Uncategorized on June 28, 2018 at 9:00 am

The good weather helps put a smile on people’s faces, but it can also raise a number of workplace issues.

Here are some tips to help you:

• You may hear from employees, “it’s too hot to work, you have to send us home.” However, the Workplace Health, Safety and Welfare Regulations 1992 state a reasonable temperature must be maintained at work. There is no mention of a maximum! In very hot weather you need to carry out a risk assessment. This should look at the environment, type of work being carried out and the impact on any staff with particular needs, such as a pregnant employee. You should then address any issues. For example, could outside workers start earlier or later to avoid the midday sun?

• Faced with employees arguing that wearing a low-cut dress or shorts and flip flops will keep them cool when it’s ‘too hot’? Perhaps it’s time to relax the dress code a little, but standards of decency must be maintained. So, no very short skirts or shorts. Casual, smart, loose-fitting clothing, and a temporary relaxing of suits and ties so that the company image is maintained may be more appropriate. If staff work outside, watch out for them failing to wear protective clothing to keep cool. High-factor sun cream for those working outdoors would also be a sensible approach.

• Use fans and try keeping blinds closed. Have plenty of cold water available so staff remain hydrated.

• The warm weather can increase the risk of sickness. However, don’t jump to conclusions regarding an employee’s sickness absence on a hot sunny day as they may have sunstroke or hayfever. We always recommend that you should carry out a return-to-work interview.

Although some employees may believe a bit of sun relaxes the workplace rules, you need to manage consistently and fairly.

 

Dressed for Work?

In Uncategorized on June 28, 2016 at 8:14 pm

When summer does arrive in the UK employers often begin to notice more relaxed dress standards. Now is the time to remind employees of your guidelines on what you regard as acceptable. Dress codes should help Manager’s avoid misunderstandings with employees about what attire is considered appropriate for the work place. Written guidelines will also assist Manager’s in enforcing dress codes in a consistent, non-discriminatory manner.

Employers establish dress codes for a variety of reasons, including to present a positive image to clients, to prohibit employees from coming to work with offensive, distracting, or inappropriate attire, and to avoid clothing that would present a health and safety risk. While business attire was the norm at companies for many years, employers have relaxed dress codes in an effort to improve morale and retention. Casual dress policies have become more common at work in response to employees’ demands for flexibility and a relaxed work environment.

We would advise having clear, fair and enforceable policies on dress in the workplace. You also need to ensure that your workplace actions and expectations are not discriminatory.

You have probably recently seen in the press reference to the London receptionist sent home for not wearing heels. You can understand how a number of professions have to wear particular pieces of uniform for health and safety reasons, but for what logical reasons should women be required to wear high heels?
As the law stands, employers can dismiss staff who fail to live up to “reasonable” dress code demands, as long as they’ve been given enough time to buy the right shoes and clothes. They can set up different codes for men and women, as long as there’s an “equivalent level of smartness”.

Aside from the reasons above, employers should be aware that by dictating dress codes to women, they could find themselves at the wrong end of a discriminations claim if an employee was treated “less favorably” than a colleague of the opposite sex as a result. Simply, where the dress code could result in some disadvantage to the female employee which other male employees do not face, they may have a case on the grounds of sex discrimination

Employers are right to insist that their staff are presentable, neat and professional and appropriately dressed for work, but should not insist that females wear high heels to conduct their working day or shift.

There has also been in the press, details of a Belgian case regarding the treatment of religious observance and dress in the workplace.

In Achbita v G4S Secure Solutions NV the employee – a Muslim woman – was dismissed for insisting on wearing a hijab (or headscarf) when at work. The employer had a blanket rule forbidding any customer-facing employee from wearing visible religious symbols or dress in order to preserve a strict ‘neutrality’ in its dealings with customers. The Belgian Court referred the matter to the European Court of Justice asking whether a dismissal in such circumstances amounted to direct discrimination.

The case has yet to be decided however, it is unlikely that a UK Employment Tribunal could be persuaded that a policy of ‘neutrality’ is a sufficient reason to dismiss a Muslim woman who feels a religious obligation to wear the hijab at work.
Any dress code should be non-discriminatory and should apply to both men and women equally. If you need help to review your dress code please contact us and we can ensure that your workplace policies are not discriminatory and appropriate for your business.

Right to Request Flexible Working Extended to All Employees

In Uncategorized on March 3, 2011 at 1:25 pm

Right to Request Flexible Working Extended to All Employees

Key details

Due to come into effect from 30th June 2014, the right to request a flexible pattern of work is amended by:

  • extending the right to request flexible working to all employees (not just those with parental responsibility for a child, or caring responsibilities for an adult);
  • replacing the requirement for the employer to deal with the request in accordance with the statutory procedure with a requirement to “deal with the application in a reasonable manner”; and
  • requiring the employer to notify the employee of its decision within a “decision period” of three months of the application (or longer if this is agreed).

The 26-week qualifying period for employees to make a request for flexible working is retained along with the restriction that employees can only make one flexible working request in any 12-month period.

Acas has produced a draft non-statutory booklet that provides good practice guidance for employers in dealing with such requests and this can be accessed via the following link:

http://www.acas.org.uk/media/pdf/p/6/Handling-requests-to-work-flexibly-in-a-reasonable-manner-an-Acas-guide.pdf

The opening up of the eligibility criteria for the right to request flexible working is likely to lead to some fairly high profile coverage in the media nearer the implementation date, so employers are advised to prepare themselves for a possible influx of applications soon after 30th June 2014. Further advice and guidance on the subject can of course be obtained from your consultant.

Rob Bryan Associates
http://www.robbryanassociates.org.uk
rob@robertbryan.co.uk            chris@robertbryan.co.uk