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In this bulletin we consider the new fit notes that we’ll see replacing sick notes from April, allowing doctors to advise patients who are sick for more than seven days on whether, with extra support from their employer, they could return to work earlier.
We also look at a recent case involving a worker who was sick during a period of annual leave, resulting in employees now being able to reclaim holiday entitlement.
We also consider The European Parliamentary Committee’s draft legislation regarding maternity pay that could have significant impact on small businesses in particular and, finally, a bit of interesting information about our tea drinking habits!
And 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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Fit Notes Replace Sick Notes
The new form of fitness for work medical certificate – the fit note – will replace sick notes with effect from 6th April, 2010.
Under the new regulations, doctors will be able to consider not only whether their patient is unfit for work but also whether they may be fit for some work immediately with support from their employer.
Under the new system, the statement will list common changes which could be made to an employee’s work environment or job to enable them to return to work such as a phased return to work, amended hours, altered duties and workplace adaptations. If the doctor thinks another option is more appropriate, they will be able to state this in a comments box.
There is no option for the doctor to state that a patient is fit for work because it was not felt that doctors would have the appropriate knowledge about the individual person’s job role to be able to assess this. The onus will fall upon the employer to decide whether or not they can accommodate the changes to facilitate a return to work.
Further Government guidance is now available - click here
Employers should now be reviewing their sickness absence policies and procedures to ensure they comply with these new requirements. Please contact angela@crispinrhodes.co.uk if you would like assistance.
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Update to Working Time Holiday
The first reported decision has come through in relation to the effect of the European Court of Justice’s (ECJ) decision in Pereda v Madrid Movilidad SA. In the case of Shah v First West Yorkshire Ltd the question was considered of whether or not an employee who was sick during the time they were on annual leave was entitled to reclaim that holiday and carry it over to the next holiday year.
Mr Shah had broken his ankle and took three months off work. He had previous booked four weeks’ holiday during that three month period and he asked if he could reschedule his holiday. His employer refused this request as it would mean that his holiday would have to be carried forward to the next holiday year.
The Tribunal ruled that this was wrong and he should have been allowed to carry the holiday entitlement over to the next holiday year, even though the Working Time Regulations do not allow for carry over, stipulating that entitlement to annual leave is confined to the specified leave year only.
The Tribunal decided that the ECJ decision in Pereda v Madrid Movilidad SA required national law to permit an employee who is sick during annual holiday to take that leave at a different time, including allowing it to be carried forward to the next holiday year. Regulation 13(9)(a) of the Working Time Regulations should therefore now be construed to read that annual leave must only be taken in the leave year in which it is due “save where a worker has been prevented by illness from taking a period of holiday leave, and returns from sick leave, covering that period of holiday leave, with insufficient time to take that holiday leave within the relevant leave year; in which case, they must be given the opportunity of taking that holiday leave in the following leave year”.
It is not yet known whether there will be an appeal against this decision but there is every indication that an employee’s right to reclaim annual leave that is lost due to illness will become the norm.
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Potential Changes to Maternity Pay
Currently women in the UK are given 52 weeks off as maternity leave with the first six weeks on 90% pay followed by 33 weeks on statutory maternity pay which is currently £123.06 per week (increasing to £124.88 per week from April 2010). A European Parliamentary Committee has passed draft legislation to extend maternity leave to 20 weeks on full pay which would effectively treble maternity pay in the UK.
The Institute of Directors said the move would also encourage women to take much longer off work.
A spokesman said: ‘The directive is a massive worry to us. We estimate that the UK will be hit with a bill of £1.5billion to £2billion a year – a very substantial cost.
‘Given the state of the public finances there has to be a strong risk that employers would end up being forced to pay.’
Employment minister Lord Young admitted the Government had serious concerns about the plans:
‘A substantial increase in maternity leave at full or near-full pay risks undermining this delicate balance at a time when economies across the EU can least afford it.’
Meanwhile, John Wright, national chairman of the Federation of Small Businesses, said the tidal wave of employment legislation from Brussels was damaging firms’ competitiveness.
He said: ‘We desperately need a moratorium on changes to legislation until employers have found their feet again. We need to be left alone to get on with creating jobs and helping take Britain out of recession. EU law is actually exacerbating our unemployment crisis.’
David Yeandle of the EEF manufacturing organisation said: ‘We are very concerned that the poor state of the UK’s public finances will mean that, either directly or indirectly, a future government will pass on these additional costs to employers.’
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Anyone For Tea?
The following article from the Daily Mail on 23rd February was sent to us by one our e-bulletin readers:
“A nationwide row has emerged in offices across Britain as the humble tea round stirs up tension between workers.
The argument has been prompted by women rebelling over constantly being asked to prepare hot drinks for their colleagues.
New research commissioned by Fairtrade drinks brand Cafedirect shows that every week women make three times more cups of tea or coffee for workmates than men.
More than six in ten men regularly invent ways to avoid making tea, such as impending deadlines, spurious meetings, false phone calls and even sporting injuries which prevent them carrying several cups at once.
Although men make larger rounds of tea than women (by just one cup) they also argue for half a minute longer when it’s their turn to head for the office canteen.
However the research shows women are not totally blameless.
Almost half admit to using the office brew as a chance to avoid work, while a quarter reveal their apparent act of generosity is merely a cover for sharing office gossip with colleagues.
In terms of job sector, recruitment consultants - the UK's biggest tea drinkers - are the most argumentative tea drinkers. Two thirds of recruitment consultants asked in the poll of 3,000 people admitted to regularly coming to blows over office brews, and generally spending almost as long moaning about tea (four minutes) as making it (five minutes). A staggering 44 per cent admitted to deliberately making tasteless tea to avoid repeat orders.
In stark contrast, builders are least likely to complain about a bad cup of tea, with barely a third saying they have berated workmates over a badly-made brew.
Almost six million British workers claim they could not get through a typical working day without a cup of tea. But overall, two thirds of tea-loving workmates argue over whose turn it is to put on the kettle once a day.
One in four people said they secretly harbour ill feelings towards colleagues who attempt to get out of their tea round. Nearly four in ten arguments are caused by staff only making themselves a cuppa, while a further 22 per cent of tea round arguments result from suspicions that workmates have deliberately made a tasteless tea.
Anne MacCaig, head of Cafedirect, said: 'As office politics goes, the humble tea round would seem an unlikely cause of controversy.
'But with some workers making more than their fair share of tea it is clear that trouble is brewing in many offices.
'We are calling on businesses to turn over a new leaf by ensuring that everyone does their fair share when it comes to the tea round.'
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Your Questions Answered
Q: We normally review the pay of our employees in March with the new pay rates taking effect from 1st April. This year, we think it is unlikely that we will be able to afford any increases. If we have a pay freeze now, can we tell employees we will look at pay reviews again in September when hopefully our financial situation will have improved?
A: You can review your pay rates whenever you want but we would advise you to be careful not give employees the impression that there will be an increase in September. You should make it clear to them that you will carry out another review at that time but if the economic conditions have not improved, it’s possible that there may well be no increase in pay.
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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 Guide 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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