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Date: Thursday 16 June
Time: 10.00am – 11.30am
Price: £35 + VAT
Location: Virtual Online Event
What’s this session about?
Line Managers are usually closest to managing employee issues on the ground and it is therefore essential that they have appropriate support and training in order to this effectively. These expert led sessions will provide delegates with the skills and confidence to deal with the issues they are likely to face in practice. Delegates can attend each session or choose the ones that they feel are the most relevant.
In this second session we will cover grievances and how to handle to difficult conversations. The session will include:
- the definition of a grievance and when to act
- the procedural requirements
- informal resolution and mediation
- investigating, note-taking and record keeping
- decision making and appeals
Difficult conversations
- when it may be appropriate to act
- planning and preparation
- structuring the conversation
- communication skills The sessions will be interactive with relevant case studies and there will be opportunities to ask questions.
The sessions will be interactive with relevant case studies and there will be opportunities to ask questions.
Speakers: Sarah Martin & Kirsty Hunt
We hope you are able to join us. If you have any queries, please contact the Events team.
Home | Employment |
Date: Thursday 9 June
Time: 10.00am – 11.30am
Price: £35 + VAT
Location: Virtual Online Event
What’s this session about?
Line Managers are usually closest to managing employee issues on the ground and it is therefore essential that they have appropriate support and training in order to do this effectively. These expert led sessions will provide delegates with the skills and confidence to deal with the issues they are likely to face in practice. Delegates can attend each session or choose the ones that they feel are the most relevant.
In this first session we will be covering disciplinary and conduct issues, and the session will include:
- Handling minor conduct concerns in the workplace;
- What a fair disciplinary process is, with reference to the ACAS code of practice;
- How to distinguish between conduct and capability issues;
- Identifying issues early and informal management;
- When it is appropriate to commence a formal disciplinary process;
- When to consider suspension and how to do that;
- The principles of a fair investigation;
- The disciplinary process itself and tricky issues that might arise such as sickness absence, remote working, overlapping disciplinary and grievance issues; and
- Sanctions and appeals.
The sessions will be interactive with relevant case studies and there will be opportunities to ask questions.
Speakers: Caitlin Anniss & Sue Meehan Boyes
We hope you are able to join us. If you have any queries, please contact the Events team at events@vwvplus.co.uk.
Home | Employment |
There are several employment law changes coming into force in April 2022.
National Minimum Wage Rises
From 1 April the national minimum wage will increase. You should ensure that your hourly wage rates of your employees meet the new threshold in your April salary payments.
- Increase from £8.91 to £9.50 for workers aged 23 and over (the national living wage).
- Increase from £8.36 to £9.18 for workers aged 21 or 22.
- Increase from £6.56 to £6.83 for workers aged 18 to 20.
- Increase from £4.62 to £4.81 for workers aged under 18 who are no longer of compulsory school age.
- Increase from £4.30 to £4.81 for apprentices under 19, or over 19 and in the first year of the apprenticeship.
Gender Pay Gap Reporting
The deadline for gender pay gap reporting is 30 March for public-sector employers and 4 April for private and voluntary sector employers. You can submit your report through the GOV.UK website and you should also ensure you publish it on your organisation’s website. Read further government guidance.
Family-Related Pay and Sick Pay
The statutory minimum rate for maternity, adoption, paternity and parental bereavement pay increases to £156.66 per week from 3 April 2022.
The statutory sick pay rate increases to £99.35 per week from 6 April 2022.
You may wish to review your policies to check that you have amended these pay rates in line with these changes.
IR35 Compliance
The grace period for enforcement of non-compliance to IR35 rules ends on 6 April 2022. Organisations should review their IR35 compliance and ensure they update their status determinations where necessary. As a reminder, employers are now responsible for determining a contractors’ employment status to assess if IR35 applies. If IR35 does apply, the employer is deemed to be their employer for tax and national insurance purposes. Find out more information on IR35.
Right to Work Checks
There has been an extension to the Home Office online right to work check process, until 30 September 2022. You can continue to use the online right to work service and make document checks remotely until this date.
British and Irish citizens, who are currently unable to evidence their right to work through the online service will be able to start using the new digital identity checking service online which is due to be introduced 6 April 2022. This new service will use Identification Document Validation Technology (IDVT) providers who will carry out checks on behalf of employers.
Statutory Redundancy Pay
From 6 April 2022 the weekly statutory redundancy pay for employees with two years’ service will increase to £571.
For specialist support or advice on how these changes may affect you and your employees, please get in touch with Helen Couchman in our team on 07799 901 669.
Home | Employment |
Along with the much anticipated arrival of Spring, comes the Government’s equally anticipated response to Living with COVID-19.
As part of its response the Government have effected a number of changes to current arrangements which will have an impact on businesses and employees alike – including:
- changes to SSP rules for COVID-19 related absences
- removal of COVID-19 as a consideration for risk assessments
- the consolidation of guidance to businesses in line with public health advice
Find out more detailed information about these changes.
Long COVID – Is it Classified as a Disability?
A challenge for employers as we move into a post pandemic working environment, is the long-term consequences of ‘long COVID’ – its medical impact and whether it is likely to be classified as a disability under Equality Act 2010.
Rebecca Thomas, Head of Employment Policy at the Equality and Human Rights Commission (EHRC), recently suggested that organisations should presume that an individual’s long COVID symptoms meet the threshold required to be classified as a disability in order to avoid falling foul of equality law.
Managing Long COVID
In the absence of official EHRC or legislative guidance on long COVID, businesses should endeavour to manage this risk by assessing individuals on a case by case basis, against the statutory definition of disability:
- they have a physical or mental impairment
- the impairment has an adverse effect on their ability to carry out normal day-to-day activities
- the adverse effect is substantial and long term (lasting 12 months or more)
Employers should seek medical advice as to whether an employee’s condition meets the definition of a disability for equality law purposes. This advice may also be able to provide details on the individual’s prognosis and timescales for recovery, along with any reasonable adjustments which might help their return to work.
If you would like advice on how to deal with long term absences or undertaking an occupational health referral please contact Sue Meehan Boyes in our team on 07384 468 797.
Home | Employment |
On 12 March, the Business Disability Forum (BDF) published guidance to help employers improve access for disabled workers.
What Does the Guidance Say?
The first part of the guidance, Access for all – Creating inclusive global built environments, sets out what an inclusive built environment may look like and sets out the importance of creating an inclusive environment for both disabled staff and businesses. It also looks at who to involve in this process and some of the challenges that employers may face.
The second part of the report looks at practical issues to consider when designing a more inclusive and accessible built environment.
The built environment refers to the interior of a building and will include things like entrances, stairs and lifts, lighting, seating areas, offices, catering and bathrooms.
The report suggests that thought should be given to how the people using the building really ‘use’ the environment, and that this must include those with disabilities. This will involve thinking about how easy it is for people to use the desks, the entrances, the toilet facilities and how easy it would be to enter and leave the premises, including in an emergency.
The report encourages employers to consider the whole range of possible disabilities, including not only physical disabilities but also mental health conditions and sensory conditions. Aiming for inclusion in this context focuses on the built environment being able for all people to access and use spaces without specific adjustments being needed on an individual basis.
Why Is This Important?
The report suggests that a focus on the accessibility of built environments of workplaces will help to:-
- attract and retain staff
- attract customers and clients
- reduce costs of high absence rates and high staff turnover
- enable an organisation to become more energy and time efficient
The report gives some useful pointers for those working in HR to consider when thinking about the built environment of their organisation.
To discuss these issues further, or for specialist guidance on issues relating to disability in the workplace, please contact Caitlin Anniss in our team on 07909 683 938.
Home | Employment |
International Women’s Day, one of the world’s biggest employee engagement days, takes place on 8 March 2022. It is a global opportunity to celebrate and acknowledge the achievements of women across the world.
It also provides a chance to raise awareness of female inequality and discuss what can be done to create gender parity.
#BreakThe Bias
This year, the theme for the day is focused around #breakthebias. The International Women’s Day Website states that, “Whether deliberate or unconscious, bias makes it difficult for women to move ahead. Knowing that bias exists isn’t enough. Action is needed to level the playing field.” Find out more about International Women’s Day.
Still More to Be Done
Each year, more and more employers take part in the celebrations by marking the contributions of their female employees. However, the day also acts as a timely reminder to employers about gender equality and what still needs to be done to address the gender imbalance in the workplace.
Following on from the data published by the Office for National Statistics in October 2021, while the gender pay gap has been declining slowly, there is still significant disparity with regards to equal pay. In addition, women are still more likely to be subjected to sexual harassment and discrimination in the workplace and are also largely underrepresented within executive roles.
It is evident then that more needs to be done to address gender parity and employers should continue to analyse their working practices to ensure that that they are alive to any blind spots and are doing everything they can do create an equal workforce.
If you think you would like to offer you staff some training around unconscious bias, we would be very happy to speak to you about the training we offer. Please contact Sarah Martin in our team on 07799 136 091.
Home | Employment |
Apprenticeships are work-based training programmes which lead to nationally recognised qualifications. In 2017, the Government introduced the Apprenticeship Levy with a view to creating funding for apprenticeships and encouraging employees to invest in apprenticeship programmes.
For some employers they can be a great way to attract and develop new talent. However a key barrier to taking on apprentices in certain sectors is the need for varied and flexible employment patterns.
What Are ‘Portable Flexi-Job Apprenticeships’?
On 6 April 2022 the Government will launch a ‘portable flexi-job apprenticeship’ pilot. This is a new type of flexi-job Apprenticeship which will allow employers taking on an apprentice to only give a three month commitment, instead of the usual 12-month minimum commitment. This will allow these apprentices to complete discrete blocks of employment with training, with different employers and businesses, throughout the course of their apprenticeship.
Who Will Benefit?
Certain sectors will particularly benefit from more short-term or project-based apprenticeships. At the moment, these portable flexi-job apprenticeships may only be carried out in certain sectors, namely within the creative and construction industries.
After the minimum three-month arrangement with one employer, the apprentice can either begin a new arrangement with the same employer or move to continue their apprenticeship with a new employer.
How Long Will the Pilot Last?
The portable flexi-job apprenticeship pilot scheme is intended to last for 18 to 24 months. It will be reviewed after 9, 12 and 18 months. The Government has said it will publish guidance ahead of the pilot start date. If the pilot is successful, it may become more widely available in the future.
If you’re interested in considering the use of apprenticeships generally or want to talk about the ‘portable flexi-job apprenticeship’ pilot and want to find out more, please contact Sue Meehan Boyes in our team on 07384 468 797.
Home | Employment |
Christ Church College in Oxford has just settled a matter that has run for three and a half years to get its Dean, Very Reverend Martyn Percy, to leave his post. This case highlights the risks of not dealing promptly with workplace disputes.
‘Immoral’ and ‘Scandalous’ Behaviour
The matter started following a dispute in 2017 over Percy’s pay and his efforts to reform the college’s governance including reviewing pay scales and safeguarding policies and him asking for job descriptions of senior academics.
In 2018 as a result of that dispute he was suspended after being accused of behaviour of an ‘immoral, scandalous or disgraceful nature’, which was the wording of the College’s statutes under which a Dean can be removed.
The College instructed Sir Andrew Smith, a retired high court judge, to chair an internal confidential tribunal on the dispute. After an 11 day hearing behind closed doors in June 2019, Smith dismissed all 27 complaints against Percy and ordered his reinstatement. However, his did not resolve matters.
Sexual Harassment Allegations
In October 2020 the Dean was accused of touching someone’s hair after morning prayers and this allegation of sexual harassment added to the list of outstanding matters.
Following a mediation, and in return for what was described as ‘a substantial sum’, the allegation of sexual harassment has been settled, and an employment tribunal scheduled for next year will not go ahead. Percy has agreed to leave in April.
This process has been expensive and damaging for the College. Estimates vary but some reports have said that the total costs of the matter, including the settlement, the reimbursement of Percy’s legal costs and cancelled bequests and donations to the College may be approximately £20 million in total.
In December, Lord Patten, the Chancellor of Oxford University, said the “protracted and ongoing dispute” was damaging the University’s reputation. In 2020, the Charity Commission also said the dispute was “damaging to the reputation of [the College], and affecting its ability to govern itself”.
How Can You Avoid Similar Conflict?
One of the reasons this happened relates to the complex governance structures of Christ Church, which is both a college and a cathedral. The College is run by a governing body but there is also a small but powerful group of academics known as ‘censors’ who wield significant amounts of power.
A number of our clients, particularly the older independent schools, have complex governance structures and we have found that those can tend to lead to disputes becoming protracted. This can in turn lead to multiple layers of appeals and having many different voices and views often adds to the length and complexity of matters.
This case is a reminder to review how you manage your employees. You ideally want to aim for a simple, streamlined process. I once attended a disciplinary hearing for a client and thanks to their constitution, the panel was 100 people, as you can imagine that was never going to go well.
Mediation
The other lesson is the use of mediation, which enabled the Christ Church College situation to eventually be resolved. With hindsight, it may have been more cost effective and less damaging to have had a mediation session at a much earlier stage. That echoes one of the regular themes of our investigations, problems that have been left to fester for a lengthy period rarely get better on their own. Bringing in someone to at least facilitate a conversation can help avoid a lot of problems.
Our experienced HR consultants, including a qualified mediator, can work with you to help to diffuse conflicts in your workplace. Please get in touch with Simon Martin in our team on 07384 813 076 for more information.
Home | Employment |
TV presenter Adrian Chiles’ recent victory over HMRC in IR35 case has highlighted the complexity of the IR35 rules in the UK.
Since last April private and voluntary sector businesses with an annual turnover of over £10.2 million, a balance sheet worth more £5.1 million or more, and 50 or more employees, will be responsible for deciding whether IR35 applies, and for deducting tax and NICs from contractors’ fees paid through intermediaries when it does not.
There are a number of steps that you should be taking in respect of that and it is always worth getting specialist advice on this if the need arises.
IR35 Considerations for Your Organisation
The first step is to decide where the responsibility for dealing with IR35 lies in your organisation, this is a matter that often straddles HR and payroll/finance and you need to make sure it doesn’t fall between the two stools.
The next is to create a list of who your organisation is contracting with, as IR35 applies to those who provide their services through a limited service company or via a supply agency.
The next stage, and probably the most challenging, is to decide which of your contactors falls inside IR35. HMRC have provided an online tool which can assist but it may not be determinative, in which case it might be worth taking specialist advice.
The Three-Part Test
HMRC applies a similar test as Employment Tribunals to determine employment status, but they often arrive at different conclusions on the same individuals, and it’s worth remembering that a Tribunal decision is not binding on HMRC and vice versa. The test is as follows:
- Mutuality of obligations – The individual agrees to provide work, in return for a wage for the skill and work that they provide.
- Control – The individual has given express or implied willingness to be under the employer’s control.
- Other factors – The other terms and conditions are consistent with a contract of employment, such as ownership of significant assets, financial risk, or opportunity to profit.
Although a three-part test, traditionally the first two elements have tended to be considered to be the most important. Until recently that is. The sands may have shifted slightly, following cases involving high profile TV presenters who claimed to be working freelance, including for the BBC and ITV. HMRC challenged their employment status and, in the recent case involving the presenter Adrian Chiles, HMRC lost because of the third part of the test.
What Does This Mean?
Now, it’s clear that it’s worth focussing on the third part of the test, we should think about some of the relevant factors which can include:
- Is the individual in business on their own account?
- Does the individual use their own office, including working from home?
- Does the individual provide their own tools?
- Does the individual provide services to a significant number of other clients?
- What percentage of total income does that end user contribute towards the individual’s financial earnings?
Employers, contractors, freelancers and consultants alike should take comfort from the shift in focus with, it would seem, greater significance now being placed on the bigger picture. However, this can be a complex area so we recommend seeking advice.