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Isn't this weather fantastic! Trouble is though when we all have to carry on working. This month, we have some hints and tips on how to minimise the disruption to work during hot weather and warn employers to be alert to fake fit notes. We also look at the procedure that should be followed by an employer who receives a request for flexible working and the Government’s plans to reduce the red tape around employment legislation.
Also read the report about the fantastic success of the Crispin Rhodes Crusaders at the Olney 7’s tournament last weekend.
As ever, your feedback is always appreciated so please do let us know if there’s anything else you would like to see in our e-Bulletin.
Kind regards,
Angela
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Beware of Fake Fit Notes
Take a little extra care when you receive a Doctor's fit note as false version are brazenly being sold through www.doctorsnotestore.com for just £9.99. The fit notes are described as "authentic looking replica doctor’s sick note or medical certificates. Written on official doctors' notepaper, with real stamp."
Not only that but there’s a special offer to “buy 1 today for £9.99 and we’ll include a second blank stamped fake sick note absolutely free – have a spare to fill in yourself at a later date, you never know when you’ll have to explain your absence again.”
These fake fit notes are guaranteed to be delivered within 48 hours and employees can choose to have their fit notes "stamped" by doctors from medical centres in any UK city.
Ben Willmott, employee relations adviser at the Chartered Institute of Personnel and Development, agreed it could be very difficult for employers to spot them, but said if HR were suspicious, they should refer the worker to an independent occupational health adviser or doctor, or alternatively call the surgery which issued the note to check its legitimacy and that it was signed by the doctor named. He added employers could also warn their staff that anyone found using the fakes would face disciplinary action.
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It's Too Hot to Work
Employers are required to provide a reasonable working temperature in offices and other indoor work areas under the Workplace (Health, Safety and Welfare) Regulations 1992. However the application of the regulation depends on the nature of the workplace such as an office, warehouse, kitchen, etc.
The approved Code of Practice states:
‘The temperature in workrooms should provide reasonable comfort without the need for special clothing. Where such a temperature is impractical because of hot or cold processes, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable. 'Workroom' means a room where people normally work for more than short periods.
If the temperature is uncomfortably high, all reasonable steps should be taken to achieve a reasonably comfortable temperature by siting work stations away from windows, increased ventilation, providing fans or air conditioning, shading windows, etc.
Dehydration can seriously affect an employee’s ability to function safely and productively so encourage employees to frequently drink cool water.
An employee’s effectiveness working outdoors can be greatly affected by extremely hot temperatures so consider the following:
- Reschedule work to cooler times of the day
- Provide more frequent rest breaks and introduce shading to rest areas
- Provide free access to cool drinking water
- Introduce shading in areas where individuals are working
- Encourage the removal of personal protective equipment when resting to help encourage heat loss
- Educate workers about recognising the early symptoms of heat stress
- Suggest workers use a high factor sunscreen on any exposed skin and wear a wide brimmed hat that covers the back of the neck
Relaxing your dress code can also make staff feel more comfortable and consequently make them more productive. An announcement should be made of what is acceptable and also what the requirements will be when meeting customers/clients. Relaxation of the dress code should be applied in a fair and non-discriminatory way and any dress requirements need to be justifiable.
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Flexible Working Requests
We are increasingly being asked for advice following receipt of requests for flexible working, often from Mums who are returning to work from maternity leave.
There’s a statutory procedure that must be followed starting with the employee’s obligation to make their request for flexible working in writing by either letter, fax or email which must:
- be dated;
- state that the application is made under the statutory right to request flexible working;
- confirm the employee’s relationship with the child or adult in question;
- specify the change(s) to working arrangements that the employee would like;
- state the date on which the employee proposes the requested change(s) should take effect;
- indicate the effect(s) that the employee thinks the change(s) will have on the employer, and how he or she thinks any such effects might be dealt with; and
- indicate if the employee has previously submitted a request for flexible working and, if so, when.
Employers are required to either accept the application and notify the employee accordingly in writing or arrange a meeting with the employee to discuss the application and how it could be accommodated in the business, or to consider alternative options, within 28 days.
The employer is required to write to the employee within 14 days of this meeting either agreeing to the application and specifying the variation to the contract agreed and the date in which it will commence, or refusing the application stating the specific reasons for refusal and explaining why those grounds apply in relation to the application.
An employer can refuse to accept an application for flexible working on one or more of the following specific grounds:
- the burden of additional costs;
- a detrimental effect on ability to meet customer demand;
- an inability to reorganise work among existing staff or recruit additional staff;
- a detrimental impact on quality or performance;
- insufficiency of work during the periods the employee proposes to work;
- and planned structural changes.
If the employee is unhappy with the employer’s decision, an appeal can be lodged within 14 days. The employer must then hear the appeal within 14 days of the appeal notice and convey the outcome of the appeal to the employee in writing within a further 14 days.
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Government To Reduce Red Tape We were delighted to hear than Vince Cable, Business Secretary, plans to bring an end to “excessive” employment regulation that can be so stifling to business growth, particularly of small businesses.
The Reducing Regulation Committee, chaired by the Business Secretary, will enforce a new approach to new laws and regulations, and announced an immediate review of all regulation that is currently in the pipeline for implementation which has been inherited from the previous Government.
Vince Cable said: "The deluge of new regulations has been choking off enterprise for too long. We must move away from the view that the only way to solve problems is to regulate.” British Chambers of Commerce research shows that new employment regulations over the next four years will increase business costs by over £11 billion and so this announcement to review the red tape already planned will be very welcome.
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Phew What Talent!!!!!
Saturday saw a wonderfully hot day where many of Crispin Rhodes’ clients saw the Rugby Sevens team that they had sponsored win almost every game.
Olney 7s is becoming an annual event with success every year for the Crispin Rhodes Crusaders team. The tournament, which is held every July at Olney Rugby Club, seems blessed with good weather. Having reached the Quarter Finals in 2009 the pressure was on to do better this year.
The Crusaders started the day well with a convincing win over the team from Daventry. Attention was then on the next match with Paggers Pirates. Another win confirmed that this team, many of whom had only met that morning, were working well together as a unit. The first half was a little worrying as the Crusaders were sucked in to contact, the Pirates were an older and therefore a more physical team that were more than a match for the youngsters of the Crusaders. The second half though saw a turn around when the Crusaders, with the speed to run around the opposition, proved too much for the less mobile Pirates. Another win confirmed that this was a side of considerable talent.
Next was a side which had come over from France (The Frenchies) especially for the event and looked very nifty. They had been seen to be winning all their games leading up to this one so tension was high. We should not have worried - not only did Crusaders win but they did not concede a single try.
Next up was RBS Gunrunners and they were given a lesson in aggressive defence. RBS seemed to have most of the possession but Crusaders just kept pushing them backward towards their own line. When Crusaders got the ball they scored. Not the most exciting game but one for the Rugby enthusiasts.
So Crusaders were the top of their league and drawn to play Old Berkamstedians in the Quarter final of the Trophy competition. Again this was won convincingly and so the onward march to the Semi-final continued.
Towcester proved to be worthy opponents who held the Crusaders to nil – nil at half time. In fact the try only came in the last move of full time and it was Crusaders who triumphed to win a place in the final. An audible sigh of relief could be heard from the Crispin Rhodes Crusaders supporters.
The Final was, in the end, won convincingly by POD over an exhausted but valiant Crusaders side.
Angela Rhodes of Crispin Rhodes said that she was delighted that so many clients had come out to cheer for the team. She was naturally thrilled that the team had done so well and given everyone something to cheer about. She also thanked Alan Dryer and his team from Joint Solutions who put the team together after each match! For more information on Joint Solutions, visit their website www.jointsolutions.uk.com
The spectators were treated to a display of fun Rugby in the sun and seemed to enjoy the day whether or not they were Rugby fans, - a lovely day with great success both on and off the pitch.
The Crispin Rhodes Crusaders
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Your Questions Answered
Q: One of our employees asked for a day’s holiday the previous day and this was rejected due to the short notice and problems it would cause the business due to other staff absences. He rang in sick the following day and was then spotted by several of his colleagues sitting behind the Umpire’s chair on Wimbledon’s Centre Court! How do we deal with this?
A:If you have proven evidence that the employee’s absence was not due to genuine illness, then the matter must be treated as a disciplinary issue. A thorough investigation must be carried out with written statements by the employees who watched the TV footage of the tennis match and the employee should be challenged during an investigatory meeting and asked for his view on the incriminating evidence. If the outcome of the investigation suggests that there has been an abuse of your absence procedure and unauthorised absence, then the Company’s disciplinary procedure should be invoked.
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In Closing
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As always, I love to receive your feedback and I'd be especially grateful if you could let me know what you think of our new e-Bulletin layout and our new website. You can drop me an email via angela@crispinrhodes.co.uk or give me a call directly on 01908 576991. Also, don't forget you can download our new Desktop Guides to HR completely free of charge.
Lastly, please could I ask you to use the link below to forward this email onto anyone you think would benefit from keeping abreast of the latest changes to HR law? (And if you've been forwarded this email, you can subscribe to receive it every month by emailing or visiting our website)
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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