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What happened to the summer? I expect many of you will be holidaying in August - take a look at our article on reducing stress before going on holiday.
This month we have information on the ongoing retirement case in the High Courts, news on the House of Lords disability ruling and some employment law reminders.
And lastly, thank you to all those who came along to support the Crispin Rhodes Crusaders. For those of you who don't know the result, keep reading!
Kind regards,
Angela
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Retirement Case Starts at High Court
On 16 July, the Heyday case returned to court, as part of the legal battle to get the Government to scrap the default retirement age (DRA) of 65. The court hearing began just days after the Government announced that it would bring forward a review of the DRA from 2011 to 2010.
Following a ruling by European judges earlier this year, the UK Government will have to make a case as to why its employment or social policies make it necessary to have a retirement age of 65.
The charities Age Concern and Help the Aged are behind the action and argue that the case is piling more pressure on the Government to scrap the DRA. The charities argue that the DRA, introduced under age regulations in 2006, fail to interpret correctly an EU directive against age discrimination.
Millions of people approaching retirement will be awaiting the Court’s decision on the DRA to see if the law will protect them if they wish to carry on working past the age of 65. Hundreds of employment tribunals are on hold until this case clarifies the law.
Michelle Mitchell, the Director of Age Concern and Help the Aged said, “While we wait for the Government to finally end this discriminatory practice, we hope this case will, once and for all, stamp out the senseless practice of forcing people to retire at 65 purely on the basis of their age rather than ability to do a job."
A final judgment on the case is expected in autumn.
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House of Lords Disability Ruling
A landmark ruling from the House of Lords, will give greater protection from discrimination to more employees with disabilities. More employees will be liable for legal protection after the Lords found that people with mental or physical conditions, which change in severity over time, can still be labeled as ‘disabled’ if their conditions are likely to become more substantial in the future.
The Equality and Human Rights Commission intervened after the case of Elizabeth Boyle, who took her employer to court. After developing vocal nodules, she was under doctor’s instructions to not strain her voice, which she argued her employer caused her to do after removing the partitions around her desk. The company argued that Boyle wasn’t disabled because the condition didn’t have an adverse affect on her quality of life.
The director of legal enforcement at the Equality and Human Rights Commission, Susan Uppal, said “Many people have chronic medical conditions, such as epilepsy, rheumatoid arthritis or diabetes. Often, they do not define themselves as disabled as they can manage the symptoms or their condition may be in remission. But it is important that these people are recognised as being disabled under the law so they get the protection they need to prevent their conditions recurring and their quality of life suffering as a result."
The Lords rules that even for conditions such as epilepsy and diabetes, which are concealed from public view and medication can be taken to control them, the disability is still there.
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Reduce Stress Before the Summer Holidays
It’s that time of year when we all start dreaming of spending time on sandy white beaches, and having a well deserved break from the office. However, recent research has shown that the run up to the holiday season leaves employees stressed and drained as they put in up to an extra 50 hours before they leave and more when they come back.
This time of year is seen as so stressful as you put more hours in getting your work up to date before you leave, you often take your mobile or laptop on holiday with you to take phone calls and answer emails, and then spend more time catching up when you get back.
It is also common for employees to spend the time they are on holiday, dreading their return to work and not getting the relaxing break they need. Don’t forget those left in the office, who often find themselves under pressure with an increased and sometimes unfamiliar work load.
So how can you reduce the stress of employees preparing to take a holiday?
- Stagger time off. To try and reduce pressure on staff, try and ensure that time off is staggered and that you don’t let them all take time off at the same time.
- Take time off throughout the year. Try and encourage staff to take time off throughout the year, so that the summer months do not become clogged with staff wanting time off and will encourage regular time off work.
- Factor in deadlines. When working out project deadlines, always factor in staff holidays. Lack of thought could lead to projects being rushed before employees take time off, or them being handed to a less experience/qualified co-worker.
- Don’t take technology with you! Make it company policy to discourage employees from taking laptops and mobile phones on holiday with them.
- Be realistic. If you have got a deadline to complete before you go on holiday and you don’t think you’ll have the time to finish it, let your employer know so they can consider an alternative solution.
- Successful handover. Make sure you have a suitable person who can be responsible for checking your emails and dealing with any requests. Spend time with them so they know what is expected of them and are up to speed with what you are working on.
- Delegate. Give your colleagues the knowledge to answer any queries on your behalf, lessening your workload on your return and boosting your colleagues as they will know you have confidence in them.
- Regular breaks. Ensure that when you are dealing with extra pressure, that you take regular breaks, eat a balanced diet and take regular exercise. This will help to counteract some of the negative effects of stress.
- Don’t be afraid to ask for help. If you feel you cannot cope with your workload, ask for help and don’t try and cope in silence.
Taking all of these points on board will hopefully leave you feeling a little more prepared before you go on holiday, allowing you to fully relax and come back to work feeling rested and rejuvenated – the whole point of a holiday!
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Employment Law Reminders
Upcoming changes to the National Minimum Wage (NMW)
From the 1 October 2009, the National Minimum Wage Regulations 1999 (Amendment) Regulations 2009, shall increase the current hourly rate of NMW. The rates will increase as follows:
- From £5.73 to £5.80 for those aged 22 and over
- From £4.77 to £4.83 for those aged 18-21
- From £3.53 to £3.57 for those aged 16-17
For employers that provide workers with living accommodation, the minimum daily rate shall be increased from £4.46 to £4.51.
Increase in Statutory Redundancy Pay (SRP)
SRP is a guaranteed payment given to employees with at least two years’ service and is calculated according to age, length of service and weekly pay, and is due to increase this year. The Government wishes to provide more support to individuals who are made redundant, whilst not placing an onerous burden on employers.
From 1 October 2009, the weekly limit used to calculate SRP will increase from £350 to £380. Therefore, the potential maximum SRP that could be given would be £11,400.
The increase is a one-off, so the annual uprating of the limit in February 2010 will be suspended, therefore the limit will remain unchanged until February 2011.
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Crispin Rhodes Crusaders - Olney 7's Tournament
Saturday 4th July saw the third successful 7's Tournament at Olney RFC with the Crispin Rhodes Crusaders competing against 20 other teams from all over the UK. We were eventually knocked out in the quarter final by the Black Knights who were themselves beaten in the final by the British Heart Foundation 19-12. Thank you to all those who came along to support us – hope you enjoyed the day as much as we did!
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Your Questions Answered
Q: We are going through the process of making a pregnant employee redundant. She is entitled to Statutory Maternity Pay (SMP), are we obliged to keep paying her SMP once she has left, or can we stop it on her departure?
A: SMP is an entitlement for pregnant employees provided that she has at least 26 weeks’ continuous service at the “Qualifying Week” (QW). This is at the start of the 15th week before the “Expected Week of Childbirth” (EWC).
Whether you will have to continue paying her SMP will depend on when you plan on making her redundant. If she is going to be dismissed after the start of the QW, you’ll still have to pay SMP even if you haven’t started to pay it.
If she starts working for an employer after the birth that she did not work for at the time of her QW, you won’t have to pay her SMP any longer.
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In Closing
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I hope you have found this month's newsletter useful and informative. If so, then why not forward it on to someone. if not, then do tell us how we could improve it.
Crispin Rhodes is a specialist human resources company that offers a wide range of cost effective HR services, tailored to the needs of small and medium size businesses.
We provide advice and tailored service packages embracing recruitment, HR policies and procedures, discipline and grievance, sickness, terms and conditions of employment, maternity, paternity and adoption, redundancy, psychometric testing and one to one personal development.
Thank you once again, and for now I wish you all the best.
Kind regards,
Angela Rhodes
Crispin Rhodes Ltd
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Tel 01908 576991 - Fax 01908 607533 - Free HR Resources - Newsletter Archive - Contact Us
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Crispin Rhodes Ltd, 4 Aldrich Drive, Willen, Milton Keynes, MK15 9JH - VAT Reg No: 690381621
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Crispin Rhodes Ltd is a company registered in England and Wales with company number 3336715
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