Dear Reader,
Welcome to the February edition of Intellect HR Update.
In addition to the newsletter, Intellect members have full access to our free IntellectHR service, providing you with web-based HR guidance including a full range of practical step-by-step guides, letters, forms, contracts, an employee handbook, and customisable policies.
For a reminder of your login details, contact Sarah Voller.
T: 020 7331 2041
E: sarah.voller@intellectuk.org
W: www.intellecthr.org
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IntellectHR helpline
Our helpline is operated between 08:00 - 18.00 Monday to Friday by experienced, CIPD-qualified advisors who are available to answer any HR-related query.
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February increases in statutory payments
The annual increase in compensation limits and levels of tribunal awards came into effect for dismissals on or after 01 February 2008. A week's pay for the purposes of calculating statutory redundancy payments and the basic award for unfair dismissal increased to £330; the maximum compensatory award for unfair dismissal increased to £63,000; guarantee pay (where a worker is laid off due to there being no work to do) increased to a daily rate of £20.40 per day and the minimum basic award in cases where the dismissal was unfair by virtue of health and safety, employee representation, trade union, or occupational pension trustee reasons increased to £4,400. (Members only)
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However, some things remain at the same rate
For the second consecutive year fees for criminal record checks will remain the same: £31 for a standard CRB check and £36 for an enhanced check. A Protection of Vulnerable Adults (POVA) first check remains £6 and the checks are free for volunteers. During the last year, the CRB has upgraded its online tracking service, allowing applicants and organisations registered with the CRB to track the progress of their applications, and they have also added more data sources to their database including data from the British Transport Police and the Police Service of Northern Ireland.
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Checking the right to work in the UK
Just a reminder that new, tighter rules apply from 29 February regarding checking the right of new employees to work in the UK - those who negligently hire illegal workers now face a fine of up to £10,000 for each offence and those who knowingly do this risk an unlimited fine and a prison sentence.
The BIA has now released final details of the documents which need to be checked - there are two lists, A and B - those in list A provide ongoing cover and those in list B are for those with leave to work for up to 12 months, and where there is a need to review these at least annually.
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Sickness absence
We've waited a long time for clarification whether employees on long term sick should accrue statutory paid holiday - and we're now a bit closer to a definitive ruling, although we suspect that many of our clients will not approve of the outcome.
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Pensions update
The Pensions Bill passed its second reading on 07 January 2008. This covers more detail about the new Personal Accounts (due to come into force in 2012), automatic enrolment and minimum employer contributions. Under the new Personal Accounts the worker is required to contribute a minimum of 4 per cent of salary, the employer a minimum of 3 per cent and there is 1 per cent tax relief from the government. Workers will be automatically enrolled into a Personal Account unless the employer offers a workplace scheme that is at least as good.
The Pension Regulator has also recently issued 'Guidance for Trustees' which is aimed at anyone who is or would like to become a trustee of their pension scheme. It offers a basic overview of the duties and responsibilities of the role and is a useful introduction.
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Some interesting tribunal cases
- discrimination - some interesting developments (age, disability, sexual orientation)
- part-time workers
- customer pressure
- dismissal procedures
- dismissal and grievances - extensions to time limits
- redundancy consultation
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Risk management
We have a new government body, the Risk and Regulation Advisory Council (RRAC), which is aimed at helping the government to manage and clarify any risks to the public. It will examine public risks in areas such as public health, pensions, health and safety etc to try to ensure a more balanced approach.
The government cites examples where measures have been disproportionate to the risk, including:
- the banning of hanging baskets because they could fall down and hit someone on the head
- stopping actors in pantomimes from throwing sweets to children in the audience in case someone is injured
- the case of a Rotary club's Father Christmas being made to wear a body harness in case he fell off his sleigh
- the banning of home-made cakes being offered at fetes for fear of food poisoning.
The RRAC will replace the Better Regulation Commission and will work with ministers and senior civil servants to develop a better understanding of public risk, and how best to respond to it.
Smoking bans
France, Germany and Portugal have now introduced workplace smoking bans - although their rules are a little different to ours (for example in Portugal, public buildings can have smoking zones if they are clearly signposted and ventilated).
The government has published new inspection figures which reveal that over 1200 written warnings were issued to UK employers for failing to prevent smoking in their premises between July and November last year. Do double check your smoking policies and if you don't have a policy you may like to use our template.
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Managing absence
Do your employees regularly skive or do they come in when they should be at home in bed? A survey of 2698 employees by Peninsula apparently found that 8 in 10 employees had considered using the Norovirus as a perfect excuse to have some time off work, and 73 per cent admitted to using the flu as an excuse to 'pull a sickie' in the past. Media coverage of the virus has raised awareness of it, and it's hard to find out whether someone is genuinely ill, especially since the government advice to those suffering has been to stay away from GPs and take time off work for at least 48 hours.
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Dismissal template letter
A template letter for a dismissal for 'Some Other Substantial Reason'.
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Corporate Manslaughter and Homicide Act
It's been in the pipeline since Labour came to power in 1997 and - more than ten years on - the Corporate Manslaughter and Homicide Act 2007 is finally here.
For the first time ever, small, medium and large organisations can be prosecuted and found guilty of "corporate manslaughter" as a result of serious management failures resulting in a gross breach of their duty of care to the deceased.
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The future workplace?
There has been a lot of media coverage about our working lives recently, all adding further fuel to the work-life balance debate.
New research by Peninsula found that average commuting times have doubled over the past five years - the average time is now 1 hour 5 minutes (it was 35 minutes in 2003).
On top of more time spent commuting, we're also working more unpaid hours. Peninsula found that on average workers take in total just 2 hours per week for lunch - compared to 5 hours in 2002.
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Death of the traditional annual pay rise?
Whilst on the subject of pay, the CIPD's Annual Reward Management survey reveals that almost half of organisations (46 per cent) no longer award an "across the board" annual pay rise or cost of living adjustment. Manufacturing, production and private sector service firms were the least likely to do so.
IT security
Finally, following the recent public leaks regarding loss of data in government departments, you may be reassured to learn that a new rule has been introduced banning the removal of laptops containing sensitive information from any public sector offices.
Talk to us!
As always we look forward to hearing from you and advising you on your HR issues and concerns. If you have any feedback on this newsletter, our website or our service to you generally, please contact us.
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Topics
this month:
| Employment law update
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IntellectHR helpline
February increases in statutory payments
However, some things remain at the same rate
Checking the right to work in the UK
Sickness absence
Pensions update
Some interesting tribunal cases
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| And finally...
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The future workplace?
Death of the traditional annual pay rise?
IT security
Talk to us!
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