Hannah Peyton, Author at Ward Williams HR Advisers

01Dec

How to manage annual leave requests.

Hannah PeytonHR and Employment Law Advice and Support

Annual leave should be something to look forward to. It’s a chance for your employees to take a well-earned rest, spend time with friends and family, and come back energised and full of fresh ideas.

However, if you’re the person responsible for managing your company’s annual leave, it can get a bit stressful, especially in the run up to Christmas!

If you know that your business will always shut down between Christmas and New Year, we recommend letting employees know about this as far in advance as possible, especially if you expect them to keep back sufficient holiday to cover a Christmas shut down.

Is there a clause in your contract regarding Christmas holidays?

While it’s not essential to have a clause in your employment contracts, if you want employees to take holiday over Christmas and New Year. By law, you need to give them at least twice the amount of notice as the number of days of holiday that you want them to take.

For example: If you wanted employees to take 2 days off over Christmas, you’d have to give them at least 4 days’ notice prior to this.

The difficulty of doing this, is that if your holiday year is from January to December. Employees may not have any holiday allowance left if you haven’t warned them in advance to save the holiday.

Busy over the festive season but everyone wants time off?

If your business is busy during the holidays you can limit the amount of holiday taken during this time, but it’s important to make this clear in advance, ideally in your employment contracts.

One way to approach annual leave requests is to allocate leave on a first-come, first-served basis.

Alternatively, you could ask everyone to submit requests for time off over Christmas as early in the year as possible, and try to fulfil each request as fully and as fairly as possible given business needs and competing requests.

What happens if you’ve granted annual leave but need to retract it?

Going back on your acceptance of an annual leave request isn’t advisable, but it would be possible, if faced with a business-critical emergency. You’d also have to be prepared to pay compensation if the employee was to lose money spent on a holiday booking or paid arrangements.

Needless to say, it’s also important to consider the impact on staff morale if annual leave was retracted.

Tips to take the stress out of Christmas annual leave

Encourage staff to submit annual leave requests as far in advance as possible.

Regularly review how much annual leave your staff have taken throughout the year.

Be proactive in encouraging staff to take annual leave, especially if you need annual leave requests to be well spaced across the whole year to ensure you have enough cover.

When was the last time you reviewed your policies and updated your employee handbook? Or do you need help creating one but aren’t sure where to start? Ward Williams HR can provide you with the creation and review of all policies, procedures, documentation and handbooks.

If you would like to learn more of how Ward Williams HR can support your business. Please contact Sally Phillips on sally.phillips@wardwilliams.co.uk or call 01932 830 664.

29Nov

Why your new business needs HR

Hannah PeytonHR and Employment Law Advice and Support

The obvious reason is to start as you mean to go on….

As a start-up, HR is often over looked. The pandemic has changed the way we work, and has encouraged a different type of culture. People want flexibility, fun, without the heavy burden of policies and politics. A culture not dissimilar to what is often found in new start-ups, who want a more laid back, casual atmosphere without massive handbooks and an abundance of holiday request spreadsheets.

But what the pandemic has also shed a spotlight on is HR. We, perhaps sadly, have never been busier. That is because whatever industry, whatever size, whatever company culture, our clients have all faced problems and challenges.

Why engage just because there is a problem? Of course, some things are unforeseen and crop up, but there are lots of other issues you can mitigate by doing the right thing from the beginning.

Just because you want an informal dress code, only have 5 staff for now, or think HR will slow you down, does not mean you don’t need it. You really do…

We can help you start off on the right track, promote your desired culture, recruit the right staff (and keep them!), and take the boring (but legally required) administration burden off you.

HR is often the last thing on the list when starting out, but whatever is required in a large organisation is going to be needed in yours, perhaps just not as heavy.

If you would like any further information on our HR offering, or ways in which we can support your business, please do not hesitate to get in touch with the office on 01932 830664 or email hrservices@wardwilliams.co.uk.

17Nov

New guidance on ‘fire and rehire’

Hannah PeytonRecruitment and Selection

ACAS have released new best practice advice on promoting and maintaining good employee relations. The recommendation is to aim, to reach agreement with proposed contractual changes in order to avoid a ‘fire and rehire’ culture mentality.

In reality, a fire and rehire practice carries risk, a lot of legal implications, and can have long term damaging effects to staff moral and experience.

All options need to be explored thoroughly before imposing a change without agreement. The very last result should be the termination of an existing contract, and re hiring on new terms. Even then, it is important that companies are aware of the implications and possible consequences – such as an individual working under protest.

It is important that companies explore every option before taking this route and consult an HR professional for advice on the matter. Companies can run the risk of being hit with constructive unfair dismissal claims, and industrial action if not handled properly.

If you would like any further information, please don’t hesitate to get in touch with the office on 01932 830 664 or email hrservices@wardwilliams.co.uk.

11Oct

Employee entitlement to the Bank Holiday

Hannah PeytonHR and Employment Law Advice and Support

In 2022, the May Spring Bank Holiday will be moved to Thursday 2nd June and an additional Bank Holiday on Friday 3rd June will create a four-day weekend to help celebrate The Queen’s Platinum Jubilee.

Whether or not employees are entitled to an additional day’s holiday when an extra bank holiday is announced to mark a particular occasion, will depend on the wording of the employment contract. Employees do not have an automatic right to paid time off on a bank holiday. If the employment contract states that the employee’s annual leave entitlement is a certain number of days plus bank holidays, they will be entitled to the additional day off. However, if in the contract the holiday entitlement is expressed as a certain number of days “plus eight bank holidays”, or if the contract specifies which holidays are included, the employee will not automatically be entitled to the additional b-holiday.

Where employees are not automatically entitled to the additional b-holiday as paid time off, employers may wish to grant it to their employees as a gesture of goodwill. If it is not possible for all employees to take time off for business reasons, employers may provide time off in lieu as an alternative.

It is important that employers communicate with their employees well in advance about whether or not they will be required to work on the additional b-holiday in line with the terms of the contract.

If you would like any further information, please get in contact us on 01932 830664 or email hrservices@wardwilliams.co.uk.

30Jun

Coronavirus Job Retention Scheme changes from July

Hannah PeytonCoronavirus

From 1 July 2021, the level of grant for Coronavirus Job Retention Scheme will be reduced and you will be asked to contribute towards the cost of your furloughed employees’ wages. To be eligible for the grant you must continue to pay your furloughed employees 80% of their wages, up to a cap of £2,500 per month for the time they spend on furlough.

The table below shows:

The level of government contribution available in the coming months.
The required employer contribution and the amount that the employee receives per month where the employee is furloughed 100% of the time.
Wage caps are proportional to the hours not worked.

	May	June	July	August	September
Government contribution: wages for hours not worked	80% up to £2,500	80% up to £2,500	70% up to £2,187.50	60% up to £1,875	60% up to £1,875
Employer contribution: employer National Insurance contributions and pension contributions	Yes	Yes	Yes	Yes	Yes
Employer contribution wages for hours not worked	No	No	10% up to £312.50	20% up to £625	20% up to £625
For hours not worked employee receives	80% up to £2,500 per month	80% up to £2,500 per month	80% up to £2,500 per month	80% up to £2,500 per month	80% up to £2,500 per month

You can continue to choose to top up your employees’ wages above the 80% total and £2,500 cap for the hours not worked at your own expense.

If you have any questions on any of the above, please get in touch with the office: Sally.phillips@wardwilliams.co.uk or call 01932 830664.

08Jun

Returning back to the workplace

Hannah PeytonCoronavirus, HR and Employment documentation production

With restrictions slowly easing, there are plenty of employers who will be looking to get their employees back to the workplace as soon as they can. But many of us have got used to working from home and for some, it’s now the preferred option. We take a look at some of the questions employers will be facing on this issue.

How quickly can we require employees to return to the workplace?

For some individuals a return to the workplace will be a major adjustment. Many of us will have been working at home for up to around 16 months, and the knock on effect of returning to the workplace may be significant. It might include a spike in travel costs, loss of personal time, issues with pet and childcare, clashes with health and wellbeing activities – the list goes on.

This therefore could mean a phased return to work, devising a rota that provides employees with a blend of office and home-based working or staying entirely remote for the time being.

It is crucial that you maintain open and transparent lines of communication with your employees throughout your decision-making process. Make them aware of the steps you are taking to protect them and what will be expected of them upon their return to the office.

What health and safety obligations do we have?

Even in a pre-COVID world, employers have a duty of care to their employees. The Health and Safety at Work Act 1974 outlines the wide-ranging obligations employers have to protect the health, safety and welfare of their employees while they are at work.

In light of the coronavirus outbreak and as businesses look to return to some form of normality, the Health and Safety Executive (HSE) has issued new guidance for employers to enable their employees to work safely during the pandemic. Firstly, the HSE advises employers to update their risk assessments to effectively manage the risk of COVID in the workplace and better understand what measures need to be taken to protect your employees.

Precautions such as how social distancing will be maintained, office cleaning and hand hygiene, signage to remind people to maintain social distancing and so on, all need to be considered. The common thread in all government and HSE advice is that employees uphold their duty of care to all employees while the coronavirus remains a very real threat in society.

How can we make the workplace COVID-secure?

The precise methods you use to make your workplace COVID-secure will vary from business to business. Through your risk assessment, you should have identified what changes you need to make in your workplace to ensure the safety of your employees from exposure to the coronavirus. New hygiene protocols, PPE and changing office layouts to aid social distancing are just some of the measures that employers are taking.

Where possible, keeping employees 2m apart should be enforced in line with government advice. If this isn’t possible, the government advise observing a ‘1m+’ distance. This means keeping a minimum of 1m apart with other acceptable protocols such as face coverings, screens to create barriers between workers and having employees work side-by-side rather than face-to-face to mitigate risk.

Frequent cleaning of surfaces, door handles and high-traffic areas like corridors and turnstiles is key to reduce the spread of coronavirus.

Some other things you can do include:

Use tape or paint to ‘cordon off’ workspaces;
Use markers and posters to remind people to observe social distancing;
Limit movement of people between areas, unnecessary visitors and movement between buildings/sites.

If you have any questions on any of the above, please get in touch with the office: sally.phillips@wardwilliams.co.uk or call 01932 830664.

17May

How can HR help with Mental Health Awareness?

Hannah PeytonOccupation Health Services

HR professionals are faced with a lot of tough situations during the course of their careers. One such challenge could be learning that an employee is struggling with mental health issues. As a HR professional, there are steps you can take to ensure mental health initiatives are implemented and upheld by the business.

Increase Awareness

Despite the UK seeing huge progress in recent years, talking openly about mental health can still be difficult, and some industries are more accepting than others. Talking about mental ill-health plays a major role in helping to reduce the stigma, so staff feel more able to speak out when they are struggling. The first thing that HR departments should do to help employees struggling with their mental health is to educate themselves and the workforce at large. Most of the stigma around mental health exists because of misunderstandings, misrepresentation, and misinformation. This stigma makes it very difficult for people to ask for help.

Provide Resources

Even though you can teach people a lot about mental health, it is important to recognise that only experts can treat and diagnose mental health disorders. What an HR department can do, however, is provide the right resources to employees. Employee assistance programs (EAPs) can train management on the best approaches when it becomes clear that someone on their team is struggling with their mental health. They also give telephone consultations and referrals, and can help to start your employees off in the right direction.

Be Empathetic

It is very difficult for someone who has not experienced mental health issues to understand what it is like. And even if you have, experiences vary greatly. One of the best things you can do is to let someone know that you understand that they are struggling and want to help. Having someone to talk to is extremely beneficial to people in this position, especially if they are scared of repercussions. Treat people who struggle with their mental health with understanding and empathy. Try to find solutions to their problems if you can, or just lend an ear if that is what they need.

Return to Work Programs

Return to Work programs are a great way to ease someone back into their routine if they have had to take some time for their health. Allowing for personalised work hours, the option to work from home, and other flexible working options can make a positive impact on the employee’s productivity.

You cannot solve everyone’s mental health issues, but HR professionals are in a unique position to help someone on their healing journey. Be a support system and help them to take the next steps, all while creating an environment in which they can seek help. It could make all the difference.

If you have any questions on any of the above, please get in touch with the office: sally.phillips@wardwilliams.co.uk or call 01932 830664.

26Apr

IR35 – Are you ready?

Hannah PeytonHR and Employment documentation production, Payroll Services

Despite the pandemic adding a year’s extension to the original IR35 deadline, recent surveys have shown nearly half of mid-size employers are not prepared for it.

Under IR35 if a contractor is deemed as undertaking the same or similar work as an individual who is a permanent employee, the employer is required to deduct income tax and national insurance from their payment as if they were an employee. This shift essentially moves the responsibility in establishing this to the employer.

The purpose of this change is to ensure individuals carrying out similar/the same roles were paying similar tax regardless of their worker status.

Failure to comply with the new legislation will ultimately incur the employer a fine, however HMRC have said to start with they will take a softer approach to those businesses who have accidentally fallen foul of IR35. However, simply not knowing is no enough of a defence. This will only be applied in instances where reasonable steps have been made to follow the new rules, but mistakes have been made in the process. This is not a green light to cut corners or avoid the inevitable.

HMRC will look to recover and underpayments and the leniency will not last.

If you have any questions on any of the above, please get in touch with the office: sally.phillips@wardwilliams.co.uk or call 01932 830664.

21Apr

National Minimum Wage for Sleep in shifts

Hannah PeytonHR and Employment Law Advice and Support, Payroll Services

There has been a further ruling in the supreme court which has concluded the long argument surrounding the MENCAP dispute over pay for care workers who ‘sleep over’ as part of their shifts.

The Supreme Court ruled that those individuals who are required to stay over are NOT entitled to NMW whilst asleep, and instead should receive a set allowance unless they are awake for the purpose of working.

In the current climate, where the industry is already stretched, this ruling has been welcomed by the care working sector as ultimately the opposite result would have had a detrimental effect on many companies who are already financially underfunded and stretched.

If you have any questions on any of the above, please get in touch with the office: sally.phillips@wardwilliams.co.uk or call 01932 830664.

20Apr

EU Settlement – The point system

Hannah PeytonBrexit

Employees who were living in the UK before the end of 2020 must apply for the EU settlement scheme by the end of June 2021. Those individuals who have resided in the UK for 5 years will be granted settled status, whilst those who have under 5 years continuous residency will able to acquire ‘pre settled status’ which will then be transferred to a settled status once the 5 year criteria has been met.

The new system –

The points based immigration system for visa applications was implemented back in December 2020.

The system requires employers to obtain a sponsorship license in order to hire staff from outside of the UK. This is necessary for both EU and non EU workers.

To be eligible for sponsorship, an individual must obtain 70 points via a strict criteria set by the government. Including the offer being given by an approved sponsor, for a position that appears on the job shortage list. This list is currently being reviewed due to the recent coronavirus pandemic which has caused a number of positions to be included such a pharmacists and care workers.

From March, the Home Office confirmed a new graduate visa route that is due to be open from July 2021. This allows international students, who have completed an ‘eligible’ course via a UK university, to apply to stay for a further 2 years (or 3 in some cases).The idea is Employers can use this time to plan ahead and secure long term sponsorship.

Potential changes –

A new ‘elite visa’ is said to be coming in 2022. There isn’t much information out there as yet, but it might allow highly skilled individuals to fast track the system to obtain a visa, potentially without the need for a sponsor.

We may also see the ability to apply for a visa allowing additional mobility for companies needing internal transfers across the globe

Watch this space.

If you have any questions on any of the above, please get in touch with the office: sally.phillips@wardwilliams.co.uk or call 01932 830664.

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