Dear Reader
Welcome to the March 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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April - increases to SMP and SSP
A reminder that next month sees increases in SMP (which increases to £117.18 per week, previously £112.75) and SSP (which increases to £75.40 per week, previously £72.55).
Also note that the scope of both the Information and Consultation of Employees Regulations 2004 and also the 2006 Regulations in relation to consultation on occupational pension schemes are extended for businesses employing 50 or more employees in April.
Consulting with your workers More
Guide to employee consultation More
Faster resolution of tribunal claims?
The Government is proposing to develop a "fast-track" to settle the following types of claim:
- unlawful deductions from wages
- breach of contract
- redundancy pay
- holiday pay
- national minimum wage claims
These will probably be determined by an employment judge sitting alone, rather than the full tribunal comprising judge and two lay members.
Agency workers - it's up to the tribunals to determine!
We've waited for a long time for this case to go to the Court of Appeal in the hope of a more definite ruling about the status of agency workers and whether they become employees of the end-user, only to be told that actually, it's up to the tribunals, on the basis of the facts in front of them, to determine their status.
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Maternity and family leave
Are women undergoing IVF protected by maternity legislation? The European Court of Justice has been considering this in an Austrian case, Mayr v Bäckerei und Konditorei Gerhard Flöckner OHG and ruled that it is sex discrimination to dismiss a woman because she is at an advanced stage of in-vitro fertilisation treatment.
Additional paternity leave and pay - a few more details. The government has now considered the comments it received in response to its consultation on the proposed administrative procedures for additional paternity leave (APL) and pay and has responded.
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Working with children and vulnerable adults
The Government has also now completed its consultation on its proposed new scheme for barring unsuitable people from working with children and vulnerable adults. This scheme will start to come into force this autumn.
Penalties for failing to make the necessary checks, or for recruiting people who are not members of the scheme, include fines of up to £5000.
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Some interesting rulings....
- expired disciplinary warnings - perhaps they now can still count
- discrimination - is homophobic banter grounds for a successful claim?
- working whilst off sick is not magic
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HSE and HSC to merge
Plans to merge the Health and Safety Executive and the Health and Safety Commission into a single body have now been laid before Parliament.
Reminder re Corporate Manslaughter Act
Just a reminder that this comes into force next month. If you haven't taken action yet, do read our hot topic from last month which has now been added to the website.
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Training provides no relief for those with back pain?
Employers are legally required to ensure that workers receive proper training and information on how to handle loads correctly and the risks to which they might be exposed. Specific techniques have been advocated to reduce the load on the back.
A study has now found that this would seem to have no effect. Scientists from the Finnish Institute of Occupational Health compared employees who had received training on safe lifting with those who had not and found no difference in the rate of injury between the two groups. They concluded that either the recommended techniques did not reduce the risk of back injury or the training did not lead to adequate change in lifting and handling techniques.
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Last month's hot topic
We've added last month's hot topic on Corporate Manslaughter to the health and safety section and have updated the letter for new starters to comply with the new regulations on checking the right to work in the UK.
See:
Corporate Manslaughter and Corporate Homicide Act More
First-day Reporting Instructions More
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Corporate Social Responsibility
If we're talking about hot topics, it doesn't get much hotter than this at the moment. It seems that everywhere we look someone is pricking our conscience about the way we live our lives, whether it's a TV chef highlighting the plight of battery-farmed chickens, a major retailer charging 5p for a carrier bag, a celebrity raising funds for people in under-developed countries or a politician visiting the shrinking ice caps.
Corporate Social Responsibility ("CSR") is not just another initiative dreamt up by management gurus. It's being driven by growing public awareness of the social, economic and environmental impact that all of our actions have on the world we live in. In addition, global politics is increasingly pressing wealthy powerful nations to work harder to protect our environment and to work to support poorer countries.
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Redundancies on the increase
Sadly it would seem that redundancies are on the increase - and our helpline would bear this out!
The CIPD/KPMG Labour Market Outlook survey found that 38 per cent of employers intended to make some redundancies this quarter. This is the highest figure since the survey began in 2004 where the average figure was 21 per cent - the corresponding figure for last year was 17 pre cent.
Our website provides comprehensive advice on managing redundancies - so if you are envisaging any cuts, do review the following:
Step by step redundancy guide More
Redundancy overview More
And also bullying?
The Samaritans organisation has run a survey which found that an astonishing 80 per cent of workers claim to have been bullied in the workplace. 83 per cent of respondents said they would rather say they were sick with an illness such as flu, than admit to being stressed. And almost half of those surveyed felt their bosses tried to get as much out of them as possible, regardless of their stress levels.
We would recommend that whatever the size of your business, you do have a policy on harassment and bullying in place so that employees have a known route to seek assistance. See our template harassment policy and our guide on harassment and bullying:
Harassment policy More
Harassment at work More
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 |
IntellectHR helpline
April - increases to SMP and SSP
Faster resolution of tribunal claims?
Agency workers - it's up to the tribunals to determine!
Maternity and family leave
Working with children and vulnerable adults
Some interesting rulings....
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| Health and safety news |
HSE and HSC to merge
Reminder re Corporate Manslaughter Act
Training provides no relief for those with back pain?
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| And finally... |
Redundancies on the increase
And also bullying?
Talk to us!
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