Uncategorized

Just a reminder that we deliver HR training courses every week for subscribed clients. These are complimentary, within your current agreement, and run 10.00am to 12.00pm every Wednesday delivered by Microsoft teams.

These courses are perfect for anyone who has direct responsibility for managing people. There is no limit to the number of people who can attend and there is no limit to the number of times that those people can attend either.

The courses are interactive and the feedback we receive is of a high standard.

Please see attached our training booking form for our latest schedule.

Booking on is easy, please complete the form and return it rachelh@elcons.co.uk

We can even deliver bespoke training courses for your organisation and tailor the training just for you! This does involve a cost, so for further details please contact johannam@elcons.co.uk

We look forward to seeing you soon!

Employees or people working in CQC Care Homes should have had their first vaccine at least now (last date was 16^th September) to enable them to be fully covered by 11^th November 2021.

Failure to do so may result in dismissals unless the person is exempt.

If in doubt, take advice from Elcons as this is a particularly complex area. 01422 822842

Unsubscribed clients (Employers) may take 1 piece of complimentary advice.

For any further information about our comprehensive Health and Service services please contact Julie Hinchliffe on 07803 629622

Don’t face HR and Legal issues without expert advice!

The Health and Safety Executive (HSE) has published updated guidance on ventilation and how it can help reduce the spread of coronavirus as more people return to the workplace. It covers how to identify poorly ventilated areas, the use of carbon dioxide monitors, how to improve natural and mechanical ventilation, balancing ventilation with keeping warm and ventilation in vehicles.  See hse.gov.uk/2021/09/08/good-ventilation-in-the-workplace-can-help-reduce-the-spread-of-coronavirus/

For any further information about our comprehensive Health and Service services please contact Julie Hinchliffe on 07803 629622

Don’t face HR and Legal issues without expert advice!

Despite:

• not responding to clients in a timely fashion
• rarely hitting targets
• regularly “going missing”
• not handing in expenses on time (which amounted to ~£60,000 for claims dating back 5 years!)
• turning up for meetings late

Mr Porchetti won his claim for unfair dismissal.

In Mr P Porchetti v Brush Electrical Machines Ltd although a judge agreed that Mr Porchetti had contributed to his own dismissal, the claimant prevailed.  The Respondent accepts it did not follow a procedure when dismissing the Claimant and so the Claimant’s dismissal was procedurally unfair.

Procedure is everything.  Please remember that no matter how frustrating a situation is, we are here to help and make sure that you do not fall short of procedure which could place the business in the wrong.

https://www.gov.uk/employment-tribunal-decisions/mr-p-porchetti-v-brush-electrical-machines-ltd-2603240-slash-2019

As expected, legislation has now been passed to make it a mandatory requirement for staff employed in CQC-registered care homes (requiring nursing or personal care) to be fully vaccinated against covid-19 unless they are exempt. This will also cover those entering the care home, for example hairdressers, but exemptions to this include those providing emergency assistance,  emergency service personally, urgent maintenance, friends and relatives of service users, people under 18 years old, those visiting dying service users or providing comfort/support to a service user following the death of a relative or friend. Service users also do not need to be fully vaccinated. This comes into force on 11^th November 2021.

Should care homes fail to act in compliance with the new legislation, they could face regulatory action from the CQC.

The new legislation can be found at: https://www.legislation.gov.uk/uksi/2021/891/contents/made

The Government is currently considering whether to extend this requirement to those working in healthcare settings.

Further to the Government announcement on 19^th July 2021, and our bulletin on 20^thJuly 2021, further guidance has now been published regarding critical workers

Please note that this guidance applies to those working in the following sectors:

• Energy
• Civil nuclear
• Digital infrastructure
• Food production and supply
• Waste
• Water
• Veterinary medicines
• Essential chemicals
• Essential transport
• Medicines
• Medical devices
• Clinical consumable supplies
• Emergency services
• Border control
• Essential defence outputs
• Local government

If you feel that you fall within one of the above industries, we would strongly advise that you read the full guidance on what to do to obtain the exemption on the following website:

https://www.gov.uk/guidance/nhs-test-and-trace-workplace-guidance#guidance-for-employers

For frontline workers in health and social care, the press release regarding exemption can be found at the link below and further information obtained from Public Health England/NHS trusts/relevant social care organisations:

https://www.gov.uk/government/news/frontline-health-and-care-staff-can-work-rather-than-self-isolate

The UK left the EU on 31 January 2020. There was a “transition period” until 31 December 2020. During the transition period, free movement effectively continued between the UK and the EU, with EEA and Swiss citizens and their family members who were legally residing in the UK in accordance with EU regulation continuing to be able to do so.

EEA and Swiss citizens residing in the UK by 31 December 2020 can apply for immigration status under the EU Settlement Scheme. Those who have resided in the UK lawfully for five years will be eligible for “settled status” and will be free to live and work in the UK indefinitely. Those EU citizens who have resided in the UK for fewer than five years by the time they apply will be eligible for “pre-settled status” until they acquire the necessary five years to obtain settled status but will also be free to live and work in the UK during this time. Applications for status under the EU Settlement Scheme must have been submitted by 30 June 2021. Failure to acquire settled status or temporary status will render people “illegal immigrants” and subject to removal.

EU citizens who arrive in the UK from 1 January 2021 will need to meet the requirements of the new UK points-based immigration system, in the same way as non-EU citizens (see Legal update: New points-based immigration system announced).

Employers could continue to confirm an EEA national’s right to work using only their passport or national ID card until 30 June 2021. From 1 July 2021, employers will no longer be able to accept an EEA or Swiss passport alone as evidence of a permanent right to work in the UK for new employees. They will need to see proof of immigration status which will be either under the EU Settlement Scheme or the new immigration system.

Employers are not expected to differentiate between EU citizens who arrived in the UK before 11.00 pm on 31 December 2020 (under EU free movement) and those who arrived from 1 January 2021 (under UK immigration laws). There will also be no mandatory requirement for employers to undertake retrospective checks on EU citizens employed before 30 June 2021.

Provided a right to work check is undertaken in line with right to work legislation and guidance, and the employer does not know or have reasonable cause to believe the employee has no right to work, the employer will maintain a continuous statutory excuse against a civil penalty if the employee is subsequently found to be working illegally

Where a right to work check has been conducted using the online service, the information is provided in real-time directly from Home Office systems and there is no requirement to check any of the documents listed below.

List A – acceptable documents to establish a continuous statutory excuse

• A passport (current or expired) showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.
• A passport or passport card (current or expired) showing that the holder is a national of the Republic of Ireland.
• A current document issued by the Home Office to a family member of an EEA or Swiss citizen, and which indicates that the holder is permitted to stay in the United Kingdom indefinitely.
• A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.
• A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK.
• A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.
• A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
• A birth or adoption certificate issued in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
• A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
• A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

List B Group 1 – documents where a time-limited statutory excuse lasts until the expiry date of leave:

• A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question.
• A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to do the work in question.
• A current document issued by the Home Office to a family member of an EEA or Swiss citizen, and which indicates that the holder is permitted to stay in the United Kingdom for a time limited period and to do the type of work in question.
• A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.
• A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has made an application for leave to enter or remain under Appendix EU to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008, on or before 30 June 2021.6. A frontier worker permit issued under regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020.
• A current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

List B Group 2 – documents where a time-limited statutory excuse lasts for six months

• A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme) on or before 30 June 2021 together with a Positive Verification Notice from the Home Office Employer Checking Service.
• A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey showing that the holder has made an application for leave to enter or remain under Appendix EU to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 on or before 30 June 2021 together with a Positive Verification Notice from the Home Office Employer Checking Service.
• An Application Registration Card issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service.
• A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question.

It is important that were time limited rights are in effect, to diarise a recheck in good time and to take appropriate action promptly where needed.

For immigration queries, please contact the home office directly.

You may have heard on the press conference last night that critical workers that are fully vaccinated (that is being 14 days after their 2^nd dose) with be exempt from self-isolation in exceptional circumstances, i.e. only for the purposes of going to work. Individuals that have been identified as a ‘close contact’ but still continue to attend work under this policy must take a PCR test as soon as possible followed by daily lateral flow tests before attending work each day of their self-isolation period. If they test positive or start to show symptoms they must immediately self-isolate and will no longer be able to attend work.

This particularly policy is intended to be highly limited and focused to prevent public harm from disruption to critical services. It will only apply to named individuals from a specific set of organisations. Companies that have workers that are exempt, will receive a letter from the relevant government department.

Full details are in this press release:

https://www.gov.uk/government/news/fully-vaccinated-critical-workers-to-be-able-to-leave-self-isolation-in-exceptional-circumstances

In closing, if you do not receive a letter then you and your workplace will continue to follow the rules on self-isolation.

As furlough is due to end on the 30^th September 2021 now would be a good time to have a look at your employees accrued but untaken annual leave to see if you could reasonably enforce any of this leave whilst your employees are still on annual leave.

To enforce a period of annual leave, you must give your employees written notice of the dates you intend to enforce, with at least double the length of notice as the time you are enforcing. Your adviser will be able to draft this letter for you.

Enforcing annual leave throughout a period of furlough will help you manage and reduce the number of holidays to be taken on your employees return to work and the contribution from the government job retention scheme will help reduce the cost you will need to pay out for these periods of annual leave.

Please note, periods of annual leave which are taken during a period of furlough must be paid at 100% of the employees normal wage/ salary, however you will receive the current contribution from the job retention scheme towards this.

You should remain fair and consistent when enforcing employees to use annual leave to avoid potential claims of discrimination.

Call 01422 822842 for further advice.

The Coronavirus Job Retention Scheme has been extended until 30^th September 2021, however like last year, the government plan to reduce the amount of help they will contribute to employers with employees on furlough. From the 1^st July the first reduction for this year will come into effect.

Employees will still be entitled to receive 80% of their normal salary/wage to a maximum of £2500 per month  from you whilst they are furloughed, however the government will reduce their contribution towards this, as follows:

July

Government contribution towards hours not worked – 70% up to £2187.50

Employer contribution for hours not worked– 10% up to £312.50

August

Government contribution towards hours not worked – 60% up to £1875

Employer contribution for hours not worked– 20% up to £625

September

Government contribution towards hours not worked – 60% up to £1875

Employer contribution for hours not worked– 20% up to £625

Please note, in addition to the above, you can if you wish, continue to top up your employees’ wages above the 80% and the £2500 cap, at your own expense.