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Wednesday 2 November 2011

Christmas parties the season is approaching!

Remember a work event is considered an extension of the working environment and employment legislation will still apply. Therefore, you have more responsibility than you might think even if you organise the event at the pub after work. 

You will often see the most senior person have one drink and then disappear, so they do not have to deal with issues later in the evening.  Employees will be relaxed when large measures of alcohol have been consumed that is when incidents will happen.

There are a number of issues you should consider and these may not just be the obvious ones.
  • Ensure employees understand that you want them to enjoy themselves but any activity that would not be acceptable at work would not be acceptable at the party.
  • That discipline and grievance, bullying and harassment and dignity at work policies will still apply to employees who overstep the mark.
  • Make sure there is food to soak up some of the alcohol and ensure there are soft drinks available.
  • It is also advisable to ensure there are responsible non drinkers who are taking people home or arrange taxi's or minibuses.
Have a great festive season.


Wednesday 21 September 2011

Employed or self employed that is the question?

As we know the contract in itself may be an indicator but, just because there is a contract that describes an individual as an 'employee' or as 'self-employed' does not mean that it is necessarily the case.
Employment status can be most confusing to employers particularly when using consultants - are they self employed or workers? Some questions that we all ask in determining employment status are do they:
           regularly work for a single company or business
           have a contract which describes them as a 'consultant' or something similar
           provide specialist advice or assistance in connection with the operations of the business or specific projects
           provide services for a minimum number of hours/days each month/year
           report to the company's managers/directors, but are not under any direct supervision or control when working
           perform the work themselves and the company relies on their expertise
           submit invoices for work completed and are responsible for paying their own tax and National Insurance
           provide their own equipment
           often work from home or a private office, but go to the company's premises when necessary
However, the fact they are personally required to provide a personal service means that they are probably a worker. Their commitment to just your organisation means it is also unlikely that they are in business for themselves and so not self employed.

If the case ends in a tribunal we know the different factors will be looked at to determine the actual situation rather than the contract issued.  A lot of employers think whatever contract they have will protect them.

Normally if they are self-employed for tax purposes, they will be self-employed in relation to their employment rights.

However, if they are self-employed for tax purposes it will not prevent an Employment Tribunal from finding that they are an 'employee' or a 'worker' for employment law purposes. HM Revenue & Customs decisions are not binding on Employment Tribunals although employers think they are protected if they have a HM Revenue and Customs letter.

Thursday 14 April 2011

The Bribery Act - Do small businesses understand it affects them too!

The Bribery Act will be introduced on the 1st July 2011.  The issue is do small owners and directors realise it applies to them and do they understand what bribery is?

A bribe is any gift, loan, fee or reward or other advantage to persuade someone to do something which is dishonest or illegal while carrying out the company’s business. 

Although this Act has been introduced to deal with corruption, it has very far reaching implications for all types of public and private organisations.  The Act creates specific offenes: offering, promising or giving a bribe; requesting, agreeing to receive or accepting a bribe.
If you run a small organisation then your policies and procedures will of course be different to that of large organisations and some procedures may not be applicable.  However this does not mean that no action is required.

Employers will not be able to rely on ignorance of their employees’ and, in some cases consultants and contractors’ actions.  The employer will be liable unless they can demonstrate appropriate steps were taken to protect against such actions.

Saturday 29 January 2011

Default Retirement Age - ACAS publish guidance

Guidance for employers called "Working without the default reirement age" has been produced to by ACAS to provide advice to employers.

The guidance covers:
  • How to have regular conversations with employees about your expectations, their performance and future plans
  • How to treat people fairly and consistently to avoid less or more favourable treatment becuase of age
  • Explanation of the Employer Justified Retirement Age (EJRA) where a retirement age is still used
  • Setting objectives and expectations and managing poor performance
The guidance is straight forward and helpful.  However our experience shows that managers and business owners do not always know how to phrase a discussion appropriately.  We have found there is a disconnect between ACAS guidance, not just with Age discrimination but with most of the guidance produced to help businesses understand employment legislation,  and employers ability to manage employment relationships in general.

There is a place for experienced HR professionals to support employment relationships and advice managers on the best way to conduct and structure appropriate conversations and processes.

Thursday 6 January 2011

Default Retirement Age - Why are we still waiting for government guidance?

The Default Retirement Age (DRA) will be removed this year with interim measures between April and October.  The government promised guidance in early 2011.  The CBI is urging the government to delay removal of the DRA until proper guidance is issued.

Shoud we be worried?

The position we are in is a difficult one as HR professionals.  Conversations related to succession planning and employees intentions on retirement might lead to claims for age discrimination, should they be handled badly by managers. 

Employers will probably have to resort to the performance route rather than try to provide objective justifisation for a retirement age in many occupations in the face of no guidance.

Poor performance, particularly in more manual occupations will become onerous and this does not provide a very dignified way of dealing with older employees who may have been very loyal employees over a number of years.

Will this see a larger number of employment tribunal claims for age discrimination?  We will have to wait and see, what we do know is that HR professionals will want to make sure managers handle these situations carefully.