Whilst it's been peaceful in South Yorkshire, the home of The HR Experts, our thoughts are with those who have not been so fortunate during the riots of the last few days. A lot of employers will be wondering how to respond in the face of this kind of destruction. So we thought a bit of free HR advice would be beneficial.
Clouds and silver linings...
Whilst you may just be getting your head around what rioters have done to your business, it may help to remember that such disruption can offer great opportunities for team building. The sense of camaraderie created by all pitching together should not be underestimated. Clean up operations, and even assisting others in the community, can all help to turn a negative into a positive.
Closed for business...
In the event that you're not in a position to provide employees with work on a temporary basis, then it's likely you will have to pay them. This can be likened to snow days; where an employer chooses to close due to disruption, employees should be paid. However, if an employee takes time off due to the riots, they have no entitlement to pay.
As an employer you can ask employees to take holiday, as long as you give notice. The notice must be at least twice as long as the holiday you want them to take. That said, employees may offer or willingly agree to take days as holiday or unpaid leave, if they understand the difficulties you are faced with. Where it is practice to do so, employers who are unable to provide work to their employees temporalily may be able to lay them off.
End of the road...
If your business has been affected by the riots to the extent that you can no longer trade, it is likely that redundancies will result. If you are able to, you should first consider ways you can avoid redundancy, such as redeployment. Shoosmith's solicitors offer some thoughts on whether notice pay is payable in such cases.
Dealing with employees...
Employees affected by the riots may need understanding and support at this time. You may find that your employees or their children have been involved in the riots, or their lives affected in some way. The effect on your business may leave employees feeling afraid about further trouble or worried for their jobs. Useful information which covers both individuals and organisation can be found from the Citizen's Advice Bureau website.
If an employee is convicted of involvement in the riots, you should check your disciplinary policy. This will guide you on what measures, if any, you should take.
If you would like any more help and advice on this subject, please contact us and we will be happy to offer you an initial free telephone consultation to discuss the matter.
Showing posts with label redundancy. Show all posts
Showing posts with label redundancy. Show all posts
Thursday, 11 August 2011
Friday, 4 March 2011
Who’s holding the baby?! The due date for additional paternity leave approaches…..
In an effort to promote equality and good parenting a new right to additional paternity leave (APL) is to be introduced from the 6th of April this year. The reforms are intended to give parents greater flexibility in the way in which they share childcare responsibilities in the first year of their child's life. The regulations will be welcomed by many couples, who for financial or social reasons might prefer to adopt a shared approach to parenting in the early stages of their child’s life.
Who is eligible?
§ you are the father of a child due on or after 3 April 2011
§ your wife, partner or civil partner is pregnant and due to give birth to a child on or after 3 April 2011
§ you and your partner receive notification that you are matched with a child for adoption on or after 3 April 2011
§ your wife, partner or civil partner is adopting a child from overseas and the child enters Great Britain on or after 3 April 2011
§ the child's mother is entitled to statutory maternity leave, maternity pay or allowance or statutory adoption leave or pay
What will additional paternity leave entitle you to?
§ between 2 and 26 weeks’ APL, if the mother has returned to work. This is in addition to 2 weeks’ ordinary paternity leave. APL can only start 20 weeks after the child is born; and
§ be entitled to receive additional statutory paternity pay if the mother has not exhausted her statutory maternity pay when she returns to work. He also has the right to maintain the same terms and conditions (other than pay) as if he had been at work;
§ have the right to return to work in the same job and on the same conditions.
How does this impact on you the employer?
Some employers, however, have voiced apprehension over the new legislation. Elaine McIlroy notes that in a recent survey of HR professionals, 45% expressed concern over its introduction, citing anxieties over managing the new policy.
What can you put in place to manage the change?
Employers should have existing policies in place to manage maternity, paternity and adoption leave and, in many respects; these can be adjusted or extended to make provision for APL
Ensure line managers are briefed and trained on the new employee rights to reduce the risk of discrimination against employees who are eligible for APL. Consider issuing a Q&A on the qualification and notification requirements for APL.
Consider whether any enhanced benefits offered to mothers on additional maternity leave (such as enhanced maternity pay) should be offered to fathers on APL. We are not sure how the law will develop on this one and the Government does not believe that a failure to replicate such benefits will give men grounds for a claim, but it is arguable that treating men and women differently through this period could give rise to discrimination.
In addition, employers will have to update redundancy policies and guidelines to ensure they record that fathers on APL, like mothers on ordinary maternity leave, are entitled to be offered any suitable alternative vacancies, if their role is made redundant.
However, like every new piece of legislation that is put in place it is a waiting game to see what impact it will have and how the law develops. Nevertheless, by being aware of a few adjustments that can be made now this should enable the implimentation to be a smooth one.
Who is eligible?
§ you are the father of a child due on or after 3 April 2011
§ your wife, partner or civil partner is pregnant and due to give birth to a child on or after 3 April 2011
§ you and your partner receive notification that you are matched with a child for adoption on or after 3 April 2011
§ your wife, partner or civil partner is adopting a child from overseas and the child enters Great Britain on or after 3 April 2011
§ the child's mother is entitled to statutory maternity leave, maternity pay or allowance or statutory adoption leave or pay
What will additional paternity leave entitle you to?
§ between 2 and 26 weeks’ APL, if the mother has returned to work. This is in addition to 2 weeks’ ordinary paternity leave. APL can only start 20 weeks after the child is born; and
§ be entitled to receive additional statutory paternity pay if the mother has not exhausted her statutory maternity pay when she returns to work. He also has the right to maintain the same terms and conditions (other than pay) as if he had been at work;
§ have the right to return to work in the same job and on the same conditions.
How does this impact on you the employer?
Some employers, however, have voiced apprehension over the new legislation. Elaine McIlroy notes that in a recent survey of HR professionals, 45% expressed concern over its introduction, citing anxieties over managing the new policy.
What can you put in place to manage the change?
Employers should have existing policies in place to manage maternity, paternity and adoption leave and, in many respects; these can be adjusted or extended to make provision for APL
Ensure line managers are briefed and trained on the new employee rights to reduce the risk of discrimination against employees who are eligible for APL. Consider issuing a Q&A on the qualification and notification requirements for APL.
Consider whether any enhanced benefits offered to mothers on additional maternity leave (such as enhanced maternity pay) should be offered to fathers on APL. We are not sure how the law will develop on this one and the Government does not believe that a failure to replicate such benefits will give men grounds for a claim, but it is arguable that treating men and women differently through this period could give rise to discrimination.
In addition, employers will have to update redundancy policies and guidelines to ensure they record that fathers on APL, like mothers on ordinary maternity leave, are entitled to be offered any suitable alternative vacancies, if their role is made redundant.
However, like every new piece of legislation that is put in place it is a waiting game to see what impact it will have and how the law develops. Nevertheless, by being aware of a few adjustments that can be made now this should enable the implimentation to be a smooth one.
Wednesday, 15 September 2010
Autumn is upon us, and the times they are a-changing
Well, there is lots of change underway in the UK. Anyone who has read a newspaper or turned on a news channel can't have failed to notice the sweeping government spending cuts.
Our clients who provide public services or services to the public sector are tentatively waiting to hear how this will affect them. And no doubt, you are tentatively waiting to find out exactly what the impact on you will be.
In HR terms, this means planning what organisations will look like in the future, which roles are critical and how the organisation will survive through careful people management and business planning. Too many businesses are making financial decisions without fully considering the risks, resulting in a rise in tribunal claims.
You see, being in HR doesn't mean that when the proverbial hits the fan, you have time to get out of the way. Rather, you have to be there to explain why it's happening and then clean up the mess afterwards. Not that I'm moaning, I'm quite happy to do it. It pays my bills after all.
It's starting to happen already and I'm busy making sure that the fan is still working in the aftermath. Personnel Today are reporting that HR professionals still aren't being consulted early enough. Otherwise, we in HR are not so much saying, 'I told you so' but rather, 'I could have told you so, if only you'd asked.'
Our clients who provide public services or services to the public sector are tentatively waiting to hear how this will affect them. And no doubt, you are tentatively waiting to find out exactly what the impact on you will be.
In HR terms, this means planning what organisations will look like in the future, which roles are critical and how the organisation will survive through careful people management and business planning. Too many businesses are making financial decisions without fully considering the risks, resulting in a rise in tribunal claims.
You see, being in HR doesn't mean that when the proverbial hits the fan, you have time to get out of the way. Rather, you have to be there to explain why it's happening and then clean up the mess afterwards. Not that I'm moaning, I'm quite happy to do it. It pays my bills after all.
It's starting to happen already and I'm busy making sure that the fan is still working in the aftermath. Personnel Today are reporting that HR professionals still aren't being consulted early enough. Otherwise, we in HR are not so much saying, 'I told you so' but rather, 'I could have told you so, if only you'd asked.'
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