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Well November is with us and there is definitely a winter chill in the air!
Immigration has hit the headlines with the Baroness Scotland affair, and we have provided some tips on how you can avoid facing the same problem.
Changes have also occurred in how First Aid should be carried out in the workplace, read more about training with our associates, Guardian First Aid, below.
Kind regards,
Angela
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Equal Rights For Temporary Workers
In a speech to unions, Gordon Brown proposed that new legislation to give temporary workers the same rights as full time workers will take effect in the next few months. This announcement will have put a stop to the hopes of businesses and recruiters that implementation of the law might be postponed.
The Prime Minister would like the UK’s adoption of the Agency Workers Directive to be in the next few months, when the deadline for implementation is 2011.
Addressing TUC delegates in Liverpool, Brown said “I believe that the fight for fairness must include agency workers and so I pledge…that when parliament returns our new legislative programme will include equal treatment for agency workers”.
However, the move has not been welcomed everywhere. The Association of Recruitment Consultancies who had called for a pilot scheme before full implementation, believed that the Directive will “hit jobs and the economy hard.”
Adrian Marlowe, Group Chairman believes that “The Government should think twice of the true cost of implementing the directive at cost in excess of £2 billion, money the country can ill afford.
“At a time when employers need flexibility and encouragement to take on new workers gold plating the directive will simply lead to greater unemployment.”
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Checking the Right to Work
The very public mistake of the Attorney General, Baroness Scotland, who employed an illegal worker, has highlighted the need for employers to make sure they carry out the relevant checks to ensure employees have the right to work in the UK.
What went wrong?
Baroness Scotland is the Government’s most senior lawyer, responsible for introducing the law an employer must follow when taking on a new employee. However, in September it was discovered that she had been employing her Tongan housekeeper for the past five years. The housekeeper was originally in the UK on a student visa, which expired in 2004, when she should have returned home but instead she applied for a job with Lady Scotland.
When Lady Scotland offered her the job, she asked to see her passport, P45, marriage certificate and letter from the Home Office, allowing her to work in the UK. These were seen, and Lady Scotland did not doubt her right to work in the UK.
No copies were taken
This was when Lady Scotland made her mistake, although she viewed the paperwork, she failed to take copies of it. This meant she had no proof of the housekeeper’s right to work at the time she employed her. As a result Lady Scotland got a £5,000 fine, which she should be thankful for because it could have been £10,000.
Tips for avoiding the same mistake
The Immigration, Asylum and Nationality Act 2006 states that it is an offence to employ someone who is not authorised to work in the UK, whether you do so knowing that or not. You must be able to show you took reasonable steps to check the individual’s status. If an employee is found to be working illegally and you have complied with these steps, you will not be fined.
- Offers of employment should be subject to the applicant producing evidence of their right to work in the UK. See original copies of the required documentation. If these are not produced or you are not happy with them, the offer can be withdrawn.
- Keep copies of the documents for two years after employment has ended. This is a minimum; it is recommended you keep them for a minimum of six years to comply with other legal requirements such as data protection.
For a free immigration and asylum checklist, please email Angela with “immigration and asylum” in the title.
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Access to Work Program
Jobcentre Plus are delivering a specialist programme called Access to Work, which provides support and advice to disabled people and their employers to help them overcome work related obstacles as a result of disability.
Access to Work will fund up to 100% of the extra employment costs associated with overcoming work related obstacles resulting from disability, if you have been employed for less than six weeks, have a job to start or are self-employed. If someone has been employed over six weeks, there is usually a compulsory cost share involved.
Access to Work has been awarded additional money to spend this financial year, as part of the Government measures to ease the current economic climate. Some of this money has been targeted at SMEs by removing the requirement to cost share. From 1st June 2009 until 31st March 2010, SMEs will no longer have to contribute to the mandatory cost share.
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Employment Tribunal and EAT Statistics The latest 2008/09 statistics from the employment tribunals have been published this month. The key statistics show:
- 20% increase in the number of claims accepted (however, there has actually been a 4% decrease if multiple airline claims are excluded).
- Unfair dismissal, redundancy pay and breach of contract claims rose.
- Working time claims, equal pay and sex discrimination fell.
- The maximum award (in a race case) - £1, 353, 432
- 21 age discrimination claims were disposed of, with the average award being £8,000
- Costs were awarded in 367 (0.2%) cases, with average cost award being £2,470
- The EAT rejected over 50% of all appeals at the sift stage.
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First Aid - Are You Legal?
If you are confused, then you are not alone. On 1st October 2009 the regulations governing First Aid changed. These changes have resulted in many businesses not knowing whether they are compliant with the new regulations. Many, if not all, have received no guidance at all from the Health and Safety Executive.
In order to fill the knowledge gap, we are working with a local First Aid training provider, Guardian First Aid Training Ltd. The Director, Barbara Cherryman has put together an information/guidance booklet which contains all of the information that you require in order to make an informed decision about the level of provision your business requires.
She would like to offer a free “health check” of your current first aid arrangements. It will take no more than 30 minutes and the information/guidance booklet that you work through during the meeting will be left with you in order to provide the framework for the risk assessment that you are now required to carry out.
Personal visits to the businesses are preferable to carry out your free health check, but if that is not convenient then it is possible to go through the health check on the telephone and then e-mail the documents to you.
If you would like to take advantage of the free health check then please telephone Barbara Cherryman on 01908 672196 to arrange an appointment or to discuss your particular requirements.
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Your Questions Answered
Q: We have a couple of employees who are often absent on Mondays and Fridays, for which they claim minor illness. We know that one of them likes to spend time in his caravan and the other visits her mother who lives miles away, so we are under the impression that they use illness as an excuse for a long weekend. However, as we have no proof, can we take any action against them?
A: Despite not knowing what they are doing on these days off, you have enough proof to take action. Whatever the reason, people should not have excessive time off. The pattern of Monday and Friday absence is a good enough reason to suspect that the reason for absence is not illness. Have a meeting with each individual and show them the record of their absences, perhaps by copying a calendar and marking in red the days they have been off. This will make it clear how much time has been lost. Give an informal warning, explaining that further long-weekend absence will not be tolerated and if there is insufficient improvement; proceed with your formal disciplinary procedure.
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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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