Employment Law

The Met Office has warned that snow will be returning to many parts of the United Kingdom from 16th December, and that may mean more chaos for businesses dealing with staff who may or may not be able to travel into work.

Businesses may be able to dock pay if an employee fails to attend work or turns up late, although in some cases the employee could argue that this is an unauthorised deduction from his or her wages. The legal position may be uncertain.

It may therefore be best, for good staff relations as much as anything else, to deal with such absences in a more conciliatory way. For example it may be possible to agree that an employee can work from home, or make up the time later. The employee may agree to take the time off as unpaid leave or as part of his or her holiday entitlement.

If a business closes down its work place due to the weather, then the business should still pay its staff and the staff cannot be forced to take the time as annual leave.

Businesses must be careful not to put undue pressure on employees to come into work during poor weather conditions. Employers owe a duty of care to their staff. If the weather conditions are severe, with severe weather warnings and local authority directions to stay off the roads, then it may be unreasonable for an employer to force an employee to come into work due to the possible risk to the employee’s health and safety.

It is therefore probably a good idea to have a clear and consistent policy for such adverse weather conditions. For example staff may be told that in the event of severe weather warnings from the Met Office and requests from the local authority not to travel, that they should not attempt to travel to work until the conditions have improved.

Even if an employee can travel into work, the employee may not attend if say his or her child’s school closes due to the weather. If the employee cannot get child care at short notice, then the employee may have the right to unpaid leave to look after the child or dependant. An employee would have the right to a reasonable amount of time off to make alternative arrangements. In such circumstances businesses should seek legal advice.

If any business requires any advice on these issues then please do not hesitate to contact Daven Naghen of Maples Solicitors LLP on 01775 722261 or email daven.naghen@maplessolicitors.com

Introduction

In the first Conservative Budget in 19 years, Chancellor George Osborne announced in July 2015 that businesses will be required to pay all workers aged 25 and over a National Living Wage of £7.20 per hour from April 2016 rising to £9.00 per hour from 2020.

What is the National Living Wage

The National Living Wage will in effect replace the National Minimum Wage for all workers aged 25 or over.  It is expected to boost the income of around 6 million people.  By 2020 someone aged 25 or over working 35 hours per week and currently earning the National Minimum Wage will see their wages increase by around £4,000 per annum.

For those aged under 25 the National Minimum Wage shall continue to apply, for example people aged 21 and under 25 will earn currently a minimum rate of £6.50 per hour, rising to £6.70 per hour in October 2015

How will Businesses fund this?

The Chancellor did say certain measures will be implemented to help businesses afford these new changes.  Corporation Tax is being cut from 20% to 18% by 2020.  Employers will be able to reduce National Insurance Contributions for employees by 50% up to £3,000.

Good news or bad news?

George Osborne predicts that 1.1 million jobs will be created as part of his Budget overall, outweighing any losses caused by the National Living Wage.  Some agencies have predicted that around 60,000 jobs could go as a result of the National Living Wage.

There is indeed a real fear for those aged 25 and over that firms will look to recruit more people under the age of 25 in order to avoid paying the National Living Wage by only having to pay the lesser rate of the National Minimum Wage.

Daven Naghen, head of our employment team commented as follows:-

“There is already a National Living Wage (£9.15 per hour for London and £7.85 per hour elsewhere) which is not compulsory.   However the compulsory National Living Wage would provide an increased cost for businesses and it remains to be seen whether this increased cost will be abated by cuts in Corporation Tax and the increase in employment allowances for businesses.  25’s and over may think they are getting a big pay rise, but they may well be at an increased risk of losing their job.  Only time will tell if the National Living Wage is going to be successful or not.”

If you require advice about the National Living Wage, or any other employment issue (whether you are an employer or a worker) then please contact Daven on 01775 722261 or email daven.naghen@maplessolicitors.com or visit our offices or arrange an appointment at our offices of 23 New Road, Spalding, Lincolnshire, PE11 1DH.

The new National Minimum Wage rates from the 1^st October 2013 are as follows:-

(i)         £6.31 per hour for workers 21 and over;

(ii)         £5.03 per hour for workers aged between 18 and 20 years;

(iii)        £3.72 per hour for workers aged between 16 to 17 years old, who are above school leaving age but under 18; and

(iv)        £2.68 per hour for apprentices under 19 or 19 or over who are in the first year of apprenticeship.

Since the 1^st October 2013 the Agricultural Wages (England and Wales) Order 2012 no longer applies in England; from this date new agricultural and horticultural workers in England must be paid in accordance with the appropriate hourly National Minimum Wage rates stated above.

Workers already employed before the 1^st October 2013 will still be entitled to the same terms and conditions set under their contract of employment; this may include overtime rates, agricultural wages, sick pay etc.

For agricultural workers in Wales arrangements are in place for workers to continue to be entitled to the terms of the Agricultural Wages Order 2012 after the 1^st October but this is subject to a pending ruling from the Supreme Court.

If you need any help or guidance on the National Minimum Wage or related issues then please do not hesitate to contact Daven Naghen on 01775 72261, or email daven.naghen@maplessolicitors.com or write to Dav at 23 New Road Spalding Lincolnshire PE11 1DH.

Introduction

Whether its heavy snowfall, severe floodings and/or gale force winds, it is that time of year when the weather can cause chaos. Hence a clear policy for such circumstances can ensure that the staff know exactly what is expected of them and help minimise the disruption to your business.

Business Continuity Policy

Such a policy may set out the arrangements in adverse weather conditions to ensure so far as possible the continuity of the business. It could include provisions on when the business may have to close and what happens in such circumstances. It can include provisions on notifying staff of alternatively arrangements such as working from home, working at an alternative place or alternative hours of work and it should also give guidance to staff as to the expectations as to their attendance and the consequences thereof.

Paying staff who cannot get to work

Ordinarily staff are obliged to attend for work unless they are sick, on holiday or on maternity leave etc. Therefore the onus or starting point is that a member of staff should get to work, even in extreme weather conditions. Hence if the office is open and a member of staff is “snowed in”, the employer can treat the absence as unauthorised and refuse to pay for this time. However this approach is not necessarily good for staff morale and harmony and staff should not be pressured into risking their safety. If someone genuinely cannot make it in to work due to the weather then your business should consider the following amongst other things:-

(i) Paying the employee but insisting that the time is made up at a later date;

(ii) Agreeing that the employee can take the time off as part of paid annual leave; or

(iii)Agreeing a limited number of days per year, e.g. 3 maximum, when the employee will be paid in full for failing to attend to work due to emergencies including adverse weather (provided of course that you are satisfied that the employee either made a genuine effort to attend or the weather was simply too bad to risk travelling).

You will need to be careful in considering what to do here, as a policy that involves paying everyone may aggrieve those members of staff who did make the effort and got to work.

School Closures

If a school is closed due to the weather , then if this happened with little or no notice and alternative childcare arrangements cannot be made then this could in effect constitute an emergency giving employees a statutory right to a limited period of time off (albeit unpaid). A clear policy for such matters is likely to avoid unfairness and disagreement in the workplace.

Disciplinary Action

If you believe that an employee could have made it to work but has chosen not to then this could be a matter for a disciplinary procedure and possible disciplinary sanction. If there are genuine grounds for the employee failing to come into work then it may be helpful that
once the initial weather conditions have subsided sufficiently that you let all staff know by telephone, email etc that it is safe for them to return to work in order to reduce the risk of disciplinary concerns as this will usually prompt staff in to returning to the office.

If you need advice either as an employer or as an employee in respect of winter weather, travel disruption and attendance at work then please contact our head of employment law Daven Naghen on 01775 722261 or email daven.naghen@maplessolicitors.com or visit our offices or arrange an appointment at our offices at 23 New Road, Spalding, Lincolnshire, PE11 1DH.

Originally there had been plans for around 11 million people working with children to register with the Independent Safeguarding Authority (ISA) and to have criminal record checks undertaken.  This was with a view to protecting children from the risk of contact with paedophiles.

The government has now agreed to water down these rules, and it is thought that the new rules will apply to about only 9 million people.

For example the checks will now only involve those who have regular, frequent or intensive access to children.

The minimum age of registration is being changed, so that it does not include 16, 17 and 18 year olds in education who help out with school activities.  Furthermore parents who host children on exchange visits of less than 28 days will no longer need to register.

The Association of School and College Leavers said that these changes were “a victory for common sense”.

Individuals will be able to apply to register from July 2010.  Registration and criminal records checks for those affected by the rules will become mandatory from November 2010.

It will cost £64 to register but volunteers will have their fees waived.  The scheme involves individuals undergoing basic criminal record checks, but does not look for malpractice or convictions if they are not relevant.  The scheme is being phased across England, Wales and Northern Ireland.  A separate but similar scheme will be introduced in Scotland at some point in the New Year.  Anyone barred in any part of the UK will also be barred from working with children and vulnerable adults anywhere else.

Daven Naghen commented “I agree with the Association of School and College Leavers that this relaxation of the vetting rules will allow there to be a system that is much more proportionate to the risk involved.  The previous system would have simply been over zealous, for example most if not all visitors to a school would have had to undergone a criminal record check.”

If you require any advice or further information on this matter then please contact Daven Naghen.

There has been a lot of information in the press of late regarding “whistleblowing”. Whistleblowing is where an employee reports his employer or one of his follow employees for malpractice.

Malpractice usually includes where the employer/fellow employee has committed a criminal offence; breached any legal obligation or where something has happened causing a potential danger to an individuals health and safety, damage to the environment. It can also deliberately concealing information about any of these matters. An employee must reasonably believe that there is malpractice in the employers business.

The problem for employers is that whistleblowing may not just expose malpractice in their business but it could also provide the whistleblower with an argument for unfair dismissal if the employee is subsequently dismissed. Indeed the whistleblower can bring a case against their employer for unfair dismissal before the usual one year limit.

It is important for business owners to know therefore that not only can whistleblowing cost the business a lot of money it can also damage their reputation.

It is advisable all employers to have in place a whistleblowing policy to ensure employees are aware of the right person to notify where they suspect malpractice and to ensure that any reports are dealt with correctly. The whistleblowing policy should also remind employees of their duty of confidentiality to both the firm and where appropriate its Clients.

If you do require any further information about whistleblowing then please contact Daven Nagen on 01775 722261 or email daven.naghen@maplessolicitors.com or Gemma Mayer on 01775 722261 or email gemma.mayer@maplessolicitors.com