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Archive for the Current Issues Category

Adverse Weather Conditions

Not all employers have an Adverse Weather Policy……………………..so the recent disruption from the snow has brought some testing times for them, with the UK freeze causing a dip in employee attendance levels.If your Office is open, but employees cannot make it to work because of the adverse weather, you are entitled to treat their absence as unauthorised and have no obligation to pay them.   This is a harsh approach which may not lighten staff morale.  Instead you may consider:- §  To pay employees but ask them to make the time up at a later date; or§  Let them take the time off as paid annual leave or unpaid time off for dependants leave (for example, in the event that the employee needs to care for a child when there is a school closure); or§  Consider whether employees could usefully work from home until the weather situation has improved (having a Home Working Policy would ensure that the terms of such arrangement are clear and that employees’ output may be monitored).In order to minimise the chaos and ensure consistency throughout your business consider introducing an Adverse Weather Policy.  After all it is only December and we have several months of Winter ahead!If you need help with this contact us on enquiries@emseff.co.ukWritten by our HR and Recruitment consultant – Simone Greasley

RITA and PAC

I finally got the certificates through for the CPD I completed towards the end of last year and early this year. So my work on Business Improvement Techniques (BIT) continues for NVQ’s as they migrate towards QCF qualifications. Despite the cuts and the changes we are all facing, the principals of BIT are as important as ever they were. The problem is that the improvement programs have to stand on their own merit and not be supported by government grants. Almost all of the projects we complete do, but the company has to be convinced. More on Rita and PAC in future blogs.

Proposals to Abolish Default Retirement Age

Following on from our warning about the Equality Act published 4/10/10 we now bring you some more focus on the subject.

The Employment Equality (Age) Regulation 2006 allows employers to compulsorily retire employees at age 65 and over who followed the statutory retirement procedures without risk of unfair dismissal or age discrimination claims.

These provisions were due to be reviewed in 2011, but the government has brought forward this review to 2010. The consultation closes on 21 October 2010.

Subject to the outcome of the consultation the government proposals are as follows.

  • From 6 April 2011 employers will no longer be able issue notifications of compulsory retirement at age 65.
  • 6 April 2011 to 1 October 2011. Only employees who were notified before 6 April 2011 with a retirement date before 1 October 2011 can be compulsorily retired using the existing statutory retirement procedures.
  • From 1 October 2011 employers will not be able to compulsorily retire employees.
  • Employers wishing to use a company compulsory retirement age (regardless of the age) must demonstrate its justification otherwise it could constitute age discrimination.

NI Holiday Opportunity

If you set up your business after 22nd June 2010 you may be eligible for a different type of holiday!

The new regional National Insurance Contributions holiday came into effect on 6 September 2010.

If you set up a new business outside London, the South East and East of England you may be for a NIC holiday of up to £5,000 for each new employee  taken on in the first year of  business. The scheme will last from 22 June 2010 to 5 September 2013

You can claim if your new business started after the last Budget date, 22 June 2010 and the following conditions apply:

  1. Holiday applies to the first 10 employees taken on in the first year of the new business.
  2. The holiday period for each employee will last for the first year of his or her employment or a shorter period to 5 September 2013 when the scheme ends.
  3. The maximum saving of NIC contributions for each employee will be limited to £5,000.
  4. The NIC holiday is subject to a formal application to HMRC when you engage your first employee.
  5. There are anti-avoidance provisions to prevent existing businesses from reorganising their affairs to qualify for the relief.
  6. The NIC savings are limited to secondary employer’s contributions.
  7. The principal place of business must not be in an excluded area (see full list below)

If you think your business may be eligible for this new relief and would like help applying to HMRC contact enquiries@emseff.co.uk.

Excluded regions are:

  • Greater London
  • Eastern Region comprising; the counties of Bedford, Cambridgeshire, Central Bedfordshire, Essex, Hertfordshire, Norfolk and Suffolk. The non-metropolitan districts of Luton, Peterborough, Southend-on-Sea and Thurrock.
  • South East Region comprising; the counties of Buckinghamshire, East Sussex, Hampshire, the Isle of Wight, Kent, Oxfordshire, Surrey and West Sussex. The non-metropolitan districts of Bracknell Forest, Brighton and Hove, Medway, Milton Keynes, Portsmouth, Reading, Slough, Southampton, West Berkshire. Windsor and Maidenhead and Wokingham.

Equality Act………

As an Employer are you ready for the Equality Act which came into force on 1st October 2010?The Act has far reaching implications for Employers…….to protect your business, you should review your policies and working practices and ensure your Managers are fully briefed on the Equality Act. 

For practical support and guidance, contact EMS on 0115 9147768 or enquiries@emseff.co.uk

Written by our HR & Recruitment Specialist Simone Greasley

Worker?

Some of us count ourselves as ‘self – employed’, others as an ‘employee’, but now we can be classed as a ‘Worker’.In a recent court case ( Yorkshire Window Company v Parkes ), though Parkes was described as ‘self – employed’ the court held that he was a ‘worker’, and therefore could claim to be paid statutory holiday pay under the Working Time Regulations.No mention of NI contributions, maybe the Inland Revenue will catch up with this one soon – Heads behind the parapet I think.

Regards John

Profile of The Boss and a Possible Solution

How does this sound for typical characteristics of a boss:

  • Lonely?
  • Makes all the decisions?
  • Makes bad decisions?
  • Blamed for everything?
  • Shoulders other peoples problems?
  • Lack of satisfaction?
  • etc.

If this seems pretty accurate then what’s a solution other than a change of managment style?

One answer is make the business a co-operative!

In this instance all employees own the business and you’d be surprised how much their drive, commitment and motivation changes. It can remove the characteristics above. It also can give the Company an edge and provide a good marketing tool.

Its an an alternative business model and one where a group of like minded people are a tremendous resource. It can also provide a more sustainable business with ready made replacements available.

Having said all of this, as with all businesses, you need to do your sums - will it work and make a profit? - you can’t expect people to invest in a romantic notion.

A co-operative means abiding by its founding principles and rules which includes giving all members a say in how the business is run. It should also be noted that the boss no longer is the only person with a stake in the business.

If you want to know more there’s a website www.co-operative.coop/enterprisehub  and a nationwide network of experts who offer free business support and advice.

Job cuts on the rise……….

The Chartered Institute of Personnel and Development (CIPD), state that a third of employers expect to cut jobs in the next three months.

CIPD research shows that 36% of public sector employers are planning staff cuts.  It reports that “across all sectors employers are expecting to make an average of 5.5% of their workforces redundant, up from the 3.6% average cut being considered three months ago.  This data comes from a survey of 600 companies.

Written by our HR specialist Simone Greasley

Bribery Act Announced…………

The Government has announced the timetable for the implementation of the new Bribery Act 2010.  This will now come in to force in April 2011.A new and controversial offence of “failing to prevent bribery” will be introduced, which will apply to all businesses operating in the UK.  This includes partnerships, limited companies and all commercial entities.  

The Government will engage in a short consultation exercise in September this year.  This will be published in early 2011 to allow businesses time to familiarise themselves with the guidance before the Act commences in April 2011.

Wriiten by Simone Greasley - HR and Recruitment Consultant

Equality Act Will Become Law In October 2010………..

The Equality Act will become law in October 2010.  It will cover the same groups that are protected by existing equality legislation – age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity.  It also extends some protections to groups not previously covered and seeks to strengthen equality law.

For the employer the Equality Act will ensure consistency in what you need to do to make your workplace a fair environment for all.

Reported by Simone Greasley our HR and Recruitment Specialist