|
|
|
In this bulletin we look at one of the provisions in the new Equality Act that comes into force in October relating to pre-employment medical questionnaires, the importance of measuring employee absence, what adjustments need to be considered if an employee is dyslexic, employing students and a caution about TV licenses if allowing employees to watch the World Cup.
There’s also an invitation to all our readers to join us in cheering on the Crispin Rhodes Crusaders at the Olney 7’s rugby tournament at Olney Rugby Club, Buckinghamshire on Saturday, 3rd July.
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
|
|
 |
|
|
|
|
|
|
| |
|
|
|
|
|
|
Managing Short-Term Sickness Absence
One of the key elements in managing sickness absence is to accurately measure and monitor each employee’s absence. In a recent survey carried out by the Chartered Institute of Personnel and Development (CIPD), fewer than half of employers monitor the cost of absence which can be significant in those companies who have a problem in this area.
Companies should collect absence data to identify particular patterns of absence and their underlying causes. One of our clients started measuring sickness absence and discovered that the instances of absence were significantly higher in one particular department. Further investigation found that the majority of the absence was stress related as a result of the rather aggressive management style of the Manager.
It is important to have a clear absence management policy in place that supports the Company’s business objectives and culture. The policy should provide details of contractual sick pay terms if any and how this relates to statutory sick pay, outline the process employees should follow when notifying absence, what forms they need to complete, when they need to obtain a fit note from their Doctor and include provisions for return to work interviews if appropriate.
Return to work interviews can provide an opportunity to start dialogue with an employee regarding underlying issues which might be causing absence and can help to identify problems at an early stage.
Disciplinary action may be taken as a last resort to make it clear that unjustified absence will not be tolerated by the Company.
|
|
|
|
|
|
Equality Act - Pre-Employment Questionnaires
As mentioned in last month’s e-bulletin, the Equality Act 2010 contains provisions due to come into force in October this year which will prevent companies asking prospective employees health-related questions that have no relation to the role in which they will be required to work.
We have received several enquiries about the implications of this new legislation, particularly with regard to the use of pre-employment health questionnaires.
If employers continue to use pre-employment health questionnaires, the onus will fall upon them to demonstrate that the reasons the person was not successful in being offered a position was nothing to do with their illness or disability.
It will be necessary to consider whether or not the information being requested on a pre-employment health questionnaire is absolutely necessary for the particular role and if it isn’t, then the question should not be asked. So, if your Company asks for pre-employment medical information, then we recommend you review the questionnaire used.
|
|
|
|
|
|
Employing Students
Now is the time of year when many of our clients are being approached by University/College students for holiday work and in many cases, voluntary work.
Many students are offering their time for free to gain work experience to add to their CV. On the face of it, this can seem a good idea but beware that you are not inadvertently, certainly in the eyes of the tax authorities, hiring a new employee.
HM Revenue and Customs (HMRC) will be looking out for anyone who they consider is avoiding paying tax and NI. If the work being carried out is for you personally or is something you could ordinarily pay someone else to do, then they will consider them an employee.
The very minimum you should therefore be paying is the National Minimum Wage - currently £4.83 per hour for an 18 to 21 year old and £5.80 if they are aged over 21.
|
|
|
|
|
|
Dyslexia and Disability Discrimination There have been several recent tribunal cases where it was claimed that the employer committed disability discrimination against an employee who was dyslexic that provide useful illustrations of situations that have led to employers facing claims for disability discrimination in relation to dyslexia and in some cases large awards of compensation.
The employees were all affected by dyslexia to the extent that they were disabled within the meaning of the Disability Discrimination Act 1995 (DDA). The main impact on the employer of the DDA in such cases is to ensure that, where appropriate, reasonable adjustments are made to help an employee. Many employers are unaware of the nature and full extent of the condition and its possible impact on a wide range of tasks and work-related activities. There also appears to be a lack of awareness in some cases of the extent to which the employee’s difficulties can be addressed by a wide variety of adjustments, many of which are relatively inexpensive and quick to implement.
The Equality and Human Rights Commission website gives the following example: “A small engineering company usually hands out written copies of all its policies by way of induction to new employees and gives them half a day to read the documentation and to raise any questions with their line manager. A new employee has dyslexia and the employer arranges for her supervisor to spend a morning with her talking through the relevant policies. This is likely to be a reasonable adjustment.”
In Rowles v Taxinvest Group Ltd [2009] ET/2203349/2008 & ET/2200151/2009 the employer failed to postpone a dyslexic employee’s capability dismissal process in order to implement reasonable adjustments. The Tribunal accepted the employee’s argument that the employer should have provided:
- text-to-speech software;
- specialist spell-check packages;
- a recording device to back up note taking;
- voice-recognition software;
- a skill-development programme aimed at specific work tasks;
- technological aids;
- assistance with checking written work;
- a quiet place and/or personalised work station so as to minimise distractions;
- a mentor;
- a reminder system for timekeeping;
- the clearer sans-serif font, rather than the standard font used by the employer;
- a paper tasks book and diary; and
- an electronic calendar with audio alarm.
These adjustments would not have been disproportionately expensive or hard to implement in practice. The employee’s total award in this case, including £4,500 for injury to feelings to reflect the distress suffered, totaled £17,887.62.
Further advice for employers can be obtained from the local Job Centre Plus or from the British Dyslexia Association
|
|
|
|
|
|
Employers Beware - World Cup Many firms are offering employees the opportunity to watch football matches during working time either on big screens or via their computers. But, please beware as the TV Licensing Authority have said that additional patrols will be visiting business premises identified as unlicensed.
Jon Shaw, TV Licensing spokesman, said: “Some managers might assume if they don’t have a TV in the building, they don’t need to worry but the rise of online TV means many more businesses need to be covered by a TV licence. We’d rather businesses think ahead and check if they need a licence than risk a court case and a fine.”
ATV licence (costing £145.50) is required by law if anyone watches TV programs at the same time as they are shown on television no matter whether they are watched on a TV or a computer. There is a fine of up to £1,000 for anyone caught without a license.
|
|
|
|
|
|
Olney Rugby 7's Crispin Rhodes are proud sponsors of an under 20 rugby 7’s team compromising Bucks County and Bedford Blues Academy players, the Crispin Rhodes Crusaders, who will be playing in the Olney 7’s Tournament on Saturday, 3rd July from 10.30am.
Come and join us for a fun, family day out and to cheer on the crusaders! The tournament takes place at the Recreation Ground, East Street, Olney, Bucks, MK46 4DW. Twenty teams will compete in a day packed full of excellent rugby and socialising.
The day includes activities for children, and all the family with the social side continuing into the night with live music and a hog roast.
|
|
|
|
|
|
Your Questions Answered
Q: Is it true that Companies will be forced to publish the salary details of all employees when the new Equality Act comes in later this year?
A: This is only true for Companies with more than 250 employees and does not take effect until 2013. However, the Act does stop employers telling workers they must not talk to each other about how much they get paid.
|
|
|
|
|
|
|
|
|
|
In Closing
|
|
|
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
|
|
|
|
|
Tel 01908 576991 - Fax 01908 607533 - Free HR Resources - Newsletter Archive - Contact Us
|
|
Crispin Rhodes Ltd, 4 Aldrich Drive, Willen, Milton Keynes, MK15 9JH - VAT Reg No: 690381621
|
|
Crispin Rhodes Ltd is a company registered in England and Wales with company number 3336715
|
|
