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Employment Law News - May 2008 Newsletter |
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| MENTAL HEALTH AT WORK |
 Stress, anxiety and depression are all issues which many people are faced with at work and at home. However, recent research suggests that employers are under-estimating how much their colleagues and employees are suffering from such symptoms.
The same research indicates that almost three in every ten employees will have a mental health problem in one year – and this may prove to be very disruptive for both the individuals and businesses.
Looking out for early indicators before they develop into more serious issues is vital to the success of businesses today.
So what are the signs?
Changes in behaviour – this could be uncharacteristic behaviour such as a sudden loss in motivation, not being able to cope with their day to day work, or absenteeism. However, it is important to remember that we do all have our own ups and downs, and to ascertain if a change in behaviour is indeed the start of a more serious problem.
Talk to the person – it is rare for someone to voluntarily talk about a mental health issue, so you may well have to raise the issue yourself. Do try and speak to the person in private when you see how they are feeling.
What can you do? - If the cause of the problem is work related, then you have a responsibility to try and remedy it. If it is a personal issue, then perhaps you can guide the person towards help from their GP or a counsellor.
Ultimately, your long term aim should be to create a working environment which reduces the stigma which can be associated with mental health issues. Introducing policies will help and you might like to also consider making support options like access to occupational health. At Crispin Rhodes, we have contacts in the field and would be more than happy to steer you in the right direction.
Evidence also suggests that exercise, a balanced diet and a healthy work pattern can help treat mild depression, so it would be commendable for the company to provide advice and encouragement in these areas for the entire work force. Acas have made available a free guide on “Health, Work and Wellbeing”, or you can call their helpline on 08457 474747. |
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| SPORTING ABSENCES - PREPARE YOURSELF! |
 Over this summer sports fans can look forward to the European Football Championships (although we are not in it!) and the Olympics in Beijing. But can employers look forward to higher than usual absence levels?
During 2006 and the World Cup competition, eleven million more sick days were taken than in 2005, according to CBI figures. Alternative research discovered that 20% of the population admitted to taking a sports related “sickie” during a major sporting event.
In light of these figures, you would be wise to give some consideration as to how you might prevent some of these unwelcome absences.
Generate goodwill
If possible, why not enable staff to watch TV or have the radio on. If this is not possible, then look to introduce a procedure to remind employees who have been refused permission to take leave on particular days, that if they call in sick they will have to produce a medical certificate (which you’ll have to pay for) as proof that they were indeed unwell. Without such a certificate, the absence will be treated as a disciplinary matter – we can offer support should it become necessary.
Beware
The procedure must be applied to all employees, not just to those who are sports fans. Although fans tend to be male and fall within the 20-40 age range, it is imperative that both sexes are treated the same.
Granting leave, flexible working hours or the screening of sports events at work are all great ways to try to reduce “sickies”. However, all such measures must be available to all, without preferential treatment being given to sports fans. Discriminate at your peril – otherwise you may be in more trouble than you originally thought!
One final thought
Many sick days are the result of employees recovering from hangovers, so your alcohol policy should be publicised from time to time, especially around the time of major sporting events. |
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| THE HAPPY EVENT? |
 Sadly, more than one in four pregnant women experience miscarriage, one in 200 babies are still born and one hundred premature babies are born every day.
To help reduce these figures, it is important that employers carry out a proper risk assessment to identify potential hazards to expectant mothers and ensure pregnant women have a safe and healthy experience at work. All risk assessments of tasks in the work place should consider whether there are any increased risks to women of child bearing age, regardless of whether you actually employ a new or expectant mother.
For instance, expectant mothers should avoid:
Lifting heavy loads
Working in confined spaces
Working at unsuitable work stations
Working in a stressful or violent environment
Working with lead
Pregnancy is not an illness and pregnant women should not be signed off sick for work related ill health problems. New and expectant women are entitled to a change in working conditions, should be offered suitable alternative work or if that is not possible, suspended from work at the same rate of pay if risks to her health, or the health and safety of her child, have been identified. Employers have a legal and moral duty to protect women of child bearing age from hazards and risks in the work place.
The Department for Business, Enterprise and Regulatory Reform (formerly the DTI) estimates that it costs employers around £3,500 per employee to recruit new staff after a new or expectant mother has left.
Setting up a maternity policy is not difficult (especially when you have Crispin Rhodes to help you) and gives greater benefits to employers and employees. For specific advice on health and safety issues – simply call David Associates on 01908 370303. |
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| DID YOU KNOW? |
| Q: I have an employee who currently earns £89 per week. Is she entitled to Satutory Maternity Pay (SMP)? |
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 A:The answer depends upon when the baby is due. If the baby is due before the 19 July 2008, then the employee needs to earn a minimum of £87 per week, or £377 per month or £4,524 annually, in order to qualify for SMP. If the baby is due between 20 July 2008 and the 18 July 2009, then the employee needs to earn a minimum of £90 per week, £390 per month or £4,680 annually, in order to qualify for SMP.
In each case, the employee would be entitled to received 90% of their average weekly earnings for the first six weeks, then £117.18 for the remaining 33 weeks. the maximum payment period is 39 weeks. 92% of the payments can be claimed back by the employer (small employers can recover 104.5%).
You’re a small employer if your National Insurance payments didn’t exceed £45,000 in the last financial year. To qualify for SMP the employee must: be 16 or over; have at least 26 weeks' service at the qualifying week; still be pregnant at the 11th week before the expected week of childbirth; earn at least £87/90 pw; have stopped working and; given evidence of the maternity at least 28 days before the maternity pay period is due to start. SMP and Statutory Sick Pay cannot be paid at the same time. Once the maternity pay period has started, the employee receives SMP for each week, regardless of whether she’s sick or not. |
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Crispin Rhodes, a UK based company that provides human resources and outsourced personnel services in Milton Keynes and surrounding areas. |
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