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Monthly Archives

September 2016

Suspension

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Suspension should only be made if absolutely necessary and if linked to investigation for a gross misconduct.  When verbally suspending it is crucial to follow this up in writing and you may want to consider asking for an email address so they receive written detail of the suspension as quickly as possible.  Although specific allegations do not to be included in a suspension letter, the employee should be made aware of the type of misconduct being investigated e.g. fraud, violence towards a customer, drug taking on site, alleged abuse/neglect.

1st October Changes

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1st October (along with 1st April) is the date when many employment law legislative changes are introduced.
We don’t have any major changes due tomorrow (we were expecting the Gender Pay Gap Regulations to come into force, but that has been pushed back to April 2017).

However, we do have the annual increase to national minimum wage rates:  increasing to £6.95ph for workers aged 21 to 24 (with lower rates for younger workers).  The national living wage for workers aged over 25 remains £7.20ph

Verbal Warning

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A Verbal Warning is actually issued in writing!  If in your sequence of warnings, a Verbal Warning may be issued, it is still important that a hearing, with the right of accompaniment and a right of appeal are applied.  If in doubt regarding procedure, please call your Advisor.  Issuing warnings without following due procedure means they cannot be built on and may give way to an unfair dismissal claim…

Caste Discrimination – Consultation

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A Government public consultation opened on the 2nd of September 2016 and will run for 12 weeks.  It is to gather public opinion on whether additional measures are needed to ensure victims of caste discrimination have appropriate legal protection and effective remedies under the 2010 Equality Act.

To take part and input your opinion to shape UK legislation click on the link below:

https://www.gov.uk/government/news/caste-discrimination-consultation

Latest Government News

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Watch this space… what’s out there and being considered by Government…?
·         Tax-free childcare

The government has been exploring a new tax-free childcare scheme under which working families will be able to claim 20% of qualifying childcare costs for children under five (and children with disabilities under 17).  

The scheme is expected to be implemented in early 2017.

 
·         Shared grandparental leave

Consultation on extending Shared Parental leave and pay to include working grandparents was due to take place early 2016 but has not yet taken place.  Originally intended to come in to effect for 2018 this may now be delayed.

Gender Pay

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Already gender pay reporting is a reality.  Will companies be asked to also report on Race Equality?  Public Sector organisations are being directed to audit Race Equality impacts on their processes following a report published by The Equality and Human Rights Commission (EHRC) showing that in the UK:

  • Black workers with degrees are paid 23.1% less than white workers with degrees.
  • Black workers are more than twice as likely as white workers to be in insecure forms of employment such as temporary contracts or working for an agency.
  • Ethnic minorities are hugely underrepresented in positions of power. 14% of the UK population is from an ethnic minority background. Only 5.5% of judges are from an ethnic minority.

How would your data look?

Overtime Pay Calculations…

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A fast moving topic.  Since the Bear Fulton v Scotland case in 2014 other cases have reinforced that overtime needs to be closely looked at when working out holiday pay to ensure that when someone is on annual leave they do not suffer a pay detriment as a result.

Recently, in Brettle v Dudley Metropolitan Borough Council ET/1300537/15, consideration focussed on whether voluntary overtime should be included in the calculation of statutory holiday pay.  It decided it should be included in absence of agreement to the contrary and would therefore give further clarity to what “normal remuneration” includes.

Notes: The calculation is only required for the first 20 days’ annual leave in any given annual leave period.  Any leave above the first 20 days can be paid at the employee’s normal rate.  Case law on this occasion is not binding but gives a representation of how an Employment Tribunal may interpret legislation.

 

Health and Safety Workshop Comments

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“Thank you to all of our clients for attending our Employment Law and Health and Safety workshop yesterday”.

 

A few quotes from yesterday include:

 

“This has already sparked a change in how we monitor staff to ensure that we are adhering to the law regarding overtime payments and travel time for remote based employees”

“It was great to put a face to the name and meet our advisors”

“ Very well presented, the tone of the workshop made it easier to digest”

“perfect timing with minimum wage updates”

“proactive approach from Elcons services informing us of key changes allowing our business to be ahead of the game”

Care counts testimonial

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Thank you for all of your support today and over the past few weeks. Having one port of call to deal with any issues is amazing. The speed in which you respond to any raised issue is truly staggering and always professional. Joining Elcons has been the best decision Care Counts has made (and we are only a few months in!) wow! Knowing that the Elcons team is at the end of a telephone line or an email gives me the breathing space as a manager to perform all of my duties without the tedium of HR and what it can entail, thank you!!

Jay Williamson,
General Manager
Care Counts Limited