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Welcome to HR Today, the monthly newsletter from IntellectHR keeping you up-to-date with employment law changes and free HR services that our members are entitled to.
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.
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Helpline hours in December |
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Please note that our helpline will be open at the following times over the Christmas period:
- up to 23 December: normal hours (09.00-18.00)
- 24 December: 09.00-13.00
- 25 December: bank holiday - closed
- 26 December: bank holiday - closed
- 29 December: normal hours (09.00-18.00)
- 30 December: normal hours (09.00-18.00)
- 31 December: 09.00-13.00
- 01 January: bank holiday - closed
- 02 January: closed
- 05 January: normal service resumes
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Managing the Christmas period |
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Many of us would be surprised to learn how many people work over the Christmas and New Year period.
The obvious ones are firefighters, police, doctors, nurses and the like. In fact close to half of the working population will be working at some time over the 'holiday' period. And, surprisingly perhaps, a lot of people volunteer to cover the Christmas period in order to pick up premium overtime rates and bonuses and perhaps brownie points for when promotion opportunities arise.
Apart from any reward enhancement, in some roles there is often a reduction in workload with less phone calls and mail and, even better, the boss may be away on holiday so nobody breathing down your neck!
Read the full story»
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Tips and the national minimum wage (NMW) |
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The government has now started consulting on its proposals to disallow any tips paid to workers (mandatory or voluntary) from counting towards the national minimum wage. (Currently tips paid through the payroll may count towards the NMW, but tips paid directly to the worker may not.)
Official statistics suggest that up to 44,800 workers may get tips that are used towards their NMW pay. The government estimates that changing the law to stop restaurants, hotels and bars using tips in this way could cost these businesses up to £73 million per year.
Read the full story»
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Revised new Acas Code on discipline and grievances |
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The revised Acas Code of Practice has now been published. This is scheduled to come into effect on 06 April 2009 when the statutory dismissal and grievance procedures are abolished. An unreasonable failure by either an employer or employee to follow the Code will result in a tribunal being able to increase any award by up to 25 per cent (so less than the current 50 per cent). |
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The Employment Bill - now the Employment Act 2008 |
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The Employment Bill received Royal Assent on 13 November. The Act repeals the statutory dispute resolution procedures and related provisions, makes changes to the enforcement of the national minimum wage, employment agencies and trade union membership law.
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Foreign workers - tiers 2 and 5 now in operation and further details available re tier 4 |
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Tiers 2 and 5 of the new points-based system came into effect on 27 November. All employers wishing to recruit migrants from outside the European Economic Area need to apply to the UKBA as soon as possible to become a sponsor. |
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Education and Skills Bill also passed |
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The Education and Skills Bill has also received Royal Assent. This will raise the education and training age to 17 years by 2013 and to 18 years by 2015, but will not force pupils to stay on at school as there will be a range of options for training and learning alongside employment. The Act will require those who leave education without achieving a certain level of qualification to participate in accredited training. |
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Agency workers update |
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The Agency Workers Directive was also passed - this time by the European Parliament. This will give temporary workers in the UK the right to receive equal pay and conditions to permanent staff after 12 weeks with an employer. |
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Update on revised works council directive |
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The European Parliament's Employment and Social Affairs Committee has adopted, with amendments, the revised directive on European works councils. This applies to organisations that employ at least 1,000 people in the EEA, 150 or more of whom work in each of at least two EEA Member States. |
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BNP membership list - act cautiously |
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The recent publication of a list containing the names, addresses and in some cases, occupations of 13,500 BNP members has caused some controversy. The Scouts hit the charity news when they suspended a trustee who was on the list. A spokesman for the Scout Association said the charity has had a written policy on membership of particular political parties since the mid-1990s, and forbids membership of four political parties: the National Front, the BNP, the Nation of Islam and Hezbollah Tehiyah. |
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Increase in employment tribunal rates and awards |
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For dismissals occurring on or after 01 February 2009, the following increased maximum rates will apply:
- compensatory award: increases from £63,000 to £66,200
- a 'week's pay': increases from £330 to £350
- the maximum redundancy payment: increases from £9,900 to £10,500
- a day's guarantee pay: increases from £20.40 to £21.50 |
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And some more statistics, this time on equal pay |
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The 2008 Annual Survey of Hours and Earnings (ASHE) published by the Office for National Statistics show that women have slipped further behind men in the pay stakes. However, the CIPD is cautioning against simply attributing the gap to poor employer practice: they say '... it is simplistic to conclude that the gender pay gap is the result of overt pay discrimination by employers. The gap mainly reflects variations in the type of jobs done by men and women, different working patterns and, in particular, the impact of child and elder care on women's career choices and hours of work.' |
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Some interesting cases |
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- Discrimination: is a requirement to have a degree ageist?
- Discrimination: is a requirement not to wear a visible crucifix religious discrimination?
- Discrimination: white employee claims different treatment is race discrimination
- Tribunal bias
- Loss of earnings claims when on benefits
Whistleblowing applies to third parties also |
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Reform of sick notes |
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The Government plans to replace GP's sick notes with 'fit notes' during the second part of 2009. These will focus on what people can do rather than what they cannot. It is planned that these will be produced electronically, rather than on paper.
At the same time, a national training programme is being designed to help GPs deal with health and work issues and to enable them to adapt the advice they give to help people stay in or return to work.
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The demise of 'fatal Friday'? |
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According to the Health and Safety Executive, the number of accidents and injuries at work fell during 2007/08. Reported significant injuries at work (resulting in absence of three days or more) fell by 10 per cent and major injuries declined by 5 per cent. |
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The opt-out seems more likely to go |
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Last month we updated you on this, and it would now seem that the future of the UK's opt-out from the 48 hour week is even less certain. The agreement reached in June 2008, which would have allowed member states to continue using the opt-out, must be endorsed by the European Parliament. On 05 November 2008 the Employment and Social Affairs Committee voted by 35 votes to 13 to remove the opt-out in three years time. |
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Keep an eye on extra hours worked! |
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Research by Friends Provident reveals that one in four adults plan to work longer hours over the next six months, while one in eight intend to take on a second job in order to cope with the credit crunch. Almost two-thirds (61 per cent) of their respondents said they felt more stressed, run down and prone to illness than they did three years ago, and more than 1 in 10 blamed the majority of stress on work, specifically from their bosses and colleagues.
Read the full story»
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New documents |
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We've added the following this month:
- an introduction to internal communications Read more»
- an appraisal preparation form Read more»
- an interview expense claim form Read more»
- an absence record Read more»
- a leaver's form Read more»
- a new range of holiday forms for 2009 and 2010 Read more»
Please note you will need to log in to view these documents.
For a reminder of your login details, please contact us.
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Some more statistics |
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- We're all working later.
- Apart from those who may be hit by more redundancies.
- Unemployment on the up.
- Average advertised salaries are down.
- But inflation will go down.
- Savings on benefits and expenses.
- But more spend on maternity paycrunch.
Read the full story» |
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