Criminal Record Disclosure – Recruiting People in Positions of Trust

by Martin Pollins | Feb 21, 2014 | Employment

Employers have to deal with and be aware of an enormous amount of legislation. This article deals with an important piece of law: the requirements of Criminal Record Disclosure when recruiting people in positions of trust.

Today, effective recruitment means that it is more important than ever to check the background of employment candidates. The Disclosure scheme, as described in this article, helps all employers (in both the profit and non-profit sectors) to make more informed recruitment decisions.

The Criminal Records Bureau

The Criminal Records Bureau (CRB) was set up by the Home Office to help organisations make safer recruitment decisions. By providing wider access to criminal record information, the CRB helps employers in the public, private and voluntary sectors identify candidates who may be unsuitable for certain work, especially that involving contact with children or other vulnerable members of society.

The CRB provides:

• employees and volunteers with certificates detailing criminal convictions. Employers and voluntary organisations – many of whom are able to access such information for the first time – are able to take this information into account in judging people’s suitability for posts. This is especially important in relation to those working with children and vulnerable adults.

• a service to employers and voluntary groups of all kinds, called Disclosure. An employer can use the Disclosure service to help establish whether a successful candidate has a background that might make him or her unsuitable for the job or voluntary position in question.

The CRB carries out criminal record checks for individuals, on application, in exchange for a fee. The level of check is determined by the duties of the position to be taken up. The CRB advises and offers guidance to applicants and employers as to which kind of Disclosure is needed in individual cases. In general, work that brings adults into close contact with children or other vulnerable groups, and jobs that are sensitive for other reasons qualify for the highest-level Disclosures.

Previous arrangements

Previous arrangements for access to criminal record checks were seen as being unsatisfactory. Although some organisations had access to checks undertaken by the police, most employers had no way of checking a person’s background in this way. In particular, the voluntary sector had very limited and inadequate access to checks. Most employers had no access at all to checks prior to the introduction of the Disclosure service.

The CRB has widened access to checks so that all employers and voluntary organisations can ask successful candidates to apply for a check. Access to checks is via a single contact point, offering a one-stop shop and a consistent service to all.

Previously, police checks were mainly confined to people employed in the statutory sector in jobs involving significant unsupervised access to children. Many other staff in the statutory sector working with children, or with vulnerable adults were not subject to police checks. Similarly, many other employers, and voluntary organisations did not routinely have access to police checks. The establishment of the CRB means that such information is more accessible, and that the work is specifically resourced, including the contribution made by the police.

The Disclosure Scheme

Disclosure provides a regulated “one-stop” service in England and Wales, offering controlled access to a variety of records. Two levels of Disclosure are available, dependent on the type of work involved. All give relevant information about a candidate’s background. The CRB can offer guidance as to which is the appropriate Disclosure Scheme for a particular job.

Further information

This article only deals with a few aspects of the Criminal Record Disclosure regime. The Bizezia Online Library includes a PDF publication covering this subject. If you would like a copy, please email me at: mpollins@bizezia.com

The Ins and Outs of Compromise Agreements

by Martin Pollins | Feb 20, 2014 | Employment

If a dispute between an employer and an employee is settled, it is important to have a formal written agreement detailing the terms of the settlement for the agreement to have legal effect. This is particularly important where “loss of office” occurs and helps ensure that the terms of the agreement are clearly understood and that neither side goes back on the agreement.

It’s unlawful for any agreement to be made that is intended to limit an employee’s rights under the Employment Rights Act 1996 or to prevent an employee making a claim to an Employment Tribunal. An exception can be made to those restrictions if either an agreement is made with the assistance of the Advisory, Conciliation and Arbitration Service (ACAS) or a formal “Compromise Agreement” is reached between an employer and employee.

Compromise Agreements were introduced when ACAS became increasingly reluctant to involve itself in cases where a formal complaint to an Employment Tribunal had not been presented. They stop employees bringing claims against employers in any court or tribunal in return for financial compensation. They are increasingly used as a mechanism for preventing possible future complaints to the Employment Tribunal in redundancy situations.

Compromise Agreements provide an employer with the certainty of costs, outcome and protection from claims and, if negotiated, the avoidance of publicity. They offer an employee the certainty of a settlement sum. Various statutory conditions must be met for a Compromise Agreement to be legally valid.

Both ACAS brokered agreements and Compromise Agreements have become increasingly common in recent years because they are a legally recognised and safe way of settling disputes and minimise the danger of future complications or problems.

What is a Compromise Agreement?

A Compromise Agreement is a formal written agreement setting out the financial and all other terms on which an employment relationship will end. In order for the Compromise Agreement to be valid, certain formalities must be fulfilled and the employee is then unable subsequently to make a claim in the courts or an employment tribunal.  A Compromise Agreement usually provides for a payment by the employer, in return for which an employee agrees not to pursue an existing claim or claims– and in some cases not to bring any future claim or claims – that the employee may have against the employer, to an Employment Tribunal.

What should a Compromise Agreement contain?

A Compromise Agreement should be a unique agreement tailored precisely to the particular circumstances of the employee and employer. A settlement agreement may cover some or all of the following matters:

•  The settlement sum
•  Confidentiality;
•  Future claims clawback
•  Restrictive covenants
•  Employer reference
•  Pension benefits
•  Indemnity
•  “Full and final settlement”
•  Legal costs.

When is a Compromise Agreement drawn up?

A Compromise Agreement can be offered to an employee before or after employment has terminated. In either situation the offer should be “Without Prejudice”, so the terms may not be used as evidence in later proceedings if the agreement is not accepted.  The employer’s legal representative will draw up the Compromise Agreement, but in order for it to be valid, the employee must have received independent legal advice on what signing the agreement will mean for them. In most cases an employer will pay for the employee to receive this advice – but this is usually subject to the employee entering into the agreement and is also usually limited to a specific sum.

There is no legal obligation on an employee to sign a Compromise Agreement if they believe it is unacceptable. If an employee refuses to sign the agreement, both the employee and the employer are free to pursue the case as they see fit. In the case of redundancy this could mean that the employer would refuse to pay the employee the full redundancy package and will instead only pay the minimum state entitlement. In this situation, an employee should seek specialist legal advice to determine the likelihood that their complaint to a tribunal or other legal action is likely to compensate them for what they may lose by refusing to sign the Compromise Agreement. The employee could also seek to negotiate changes to the agreement through their legal adviser or union.

There are two legally recognised alternatives to a Compromise Agreement when settling a statutory claim. These are:

•  An agreed order of the Employment Tribunal; or
•  An agreement, which has been agreed through ACAS, after the commencement of Tribunal proceedings.

Settlements agreed between an employer and employee with the assistance of an ACAS conciliation officer are usually recorded formally on a standard settlement form known as form COT3. Such an agreement effectively binds the parties. As with any legal agreement, its precise terms need to be clear. It is recommended that the parties themselves, rather than their representatives, sign form COT3. This eliminates any subsequent dispute as to whether the representative was actually authorised to sign the settlement form.

If the parties have finalised a settlement before they approach ACAS the agreement cannot be deemed a valid conciliated agreement because ACAS would not have exercised its statutory powers to promote a conciliated settlement, and as such an ACAS officer will not be willing to draw up a COT3 in order to “rubber stamp” an agreement the parties have negotiated directly.

The Tax Position: It looks simple but it’s complicated

Under current taxation laws, the following payments made in settlement of a Compromise Agreement are tax exempt:

•  the first £30,000 of a payment by way of compensation for loss of office; and
•  compensation for personal injury – including emotional injury.

The following payments are taxable:

•  any residual amount over the £30,000 tax exempt allowance of a payment by way of compensation for loss of office; and
•  any payment made under a contractual term, for example where an employer makes a payment in lieu of notice.

It is very important that specialist tax advice is taken on the issues surrounding the payment of monies under a Compromise Agreement.

Further information

The Bizezia Online Library includes a PDF publication covering this subject. If you would like a copy, please email me at: mpollins@bizezia.com

Dealing with employees affected by cancer

by Martin Pollins | Feb 19, 2014 | Employment

This article covers a sensitive subject: guidance for employers when dealing with employees affected by cancer. It provides an introduction to some of the issues involved and has been excerpted from the Bizezia publication detailed at the end of the article.

Each year more than a quarter of a million people in the UK are diagnosed with cancer.   It has been estimated that more than one in three people will get some form of cancer at some point in their lives and for each diagnosis there is a family and friends who will be affected by that diagnosis. It therefore makes sense for employers to understand the facts about cancer and have a published policy for supporting employees affected by it.

All employers are required to give an employee information on their statutory rights. They should also direct them to further sources of information and support outside the organisation, concerning relevant statutory benefits; discussing cancer with their colleagues; counselling and other specialist support organisations.

Individuals respond differently to being told they have cancer, and each prognosis will be different depending upon the type of cancer and its current progress. In one employee it may cause anxiety and depression and they may need time to come to terms with their diagnosis. For another employee, it may be seen as something that has to be endured until they can get back to their normal life. Attitudes to work will also differ depending on the role work plays in their life. For some people, work may be a focal part of their life and they will be keen to continue working throughout their treatment. For others, work may just be a means of paying the bills and they may prefer to remain at home during their treatment. In some cases, an individual may rethink their lives and decide to change their working habits completely or retire.

Cancer will impact an individual’s availability for work while tests and treatments are being conducted. Their treatment may include surgery, radiotherapy, chemotherapy, or other drugs that can cause unpleasant side effects. The symptoms of cancer or the side effects of treatment may reduce an individual’s effectiveness at work, although this may be temporary. It should be remembered that with advances in screening and treatments many cancers can be cured these days and an affected employee may return to full health and full productivity after their treatment.

Employers therefore need to recognise that each case needs to be considered individually and that employees who are diagnosed with cancer should be able to discuss their situation in a supportive manner. It should not be forgotten that employees may be affected by cancer even though they are not the sufferer and any cancer policy should consider the needs of the family of someone diagnosed with cancer.

What to do when an employee is diagnosed with cancer

If the company has a cancer, disability or serious illness policy in place this will provide a starting point for how the company manages an affected employee and their work. Even with an existing policy as a guide it must be remembered that each individual and their cancer is unique and will require a personalised course of treatment and therefore some level of personalised employer support.

At this early stage the employer has to strike a balance between the needs of the employee and the needs of the company with limited information. They may therefore need to take a flexible approach while allowing for consistency with previous (and future) cases of employee illness or disability.

The employee can choose to have a friend, employee or trade union representative with them during their initial (and subsequent) discussions. Notes from the initial meeting should be made available to all the meeting attendees, but not shared beyond the attendees without the written permission of the employee.

Logistically, both the line manager and HR may need to be informed to allow the company to provide appropriate support to the employee.

Implementing a policy for employees diagnosed with cancer

Employers should consider implementing a policy for employees diagnosed with cancer that outlines both their legal responsibilities and any additional support they wish to provide.

The policy should be applicable to both full-time and part-time permanent employees and allow for a customised approach that takes into account both the particular needs of the employee and the needs of the business.

The policy should include:

• how the employee can inform the company of their cancer;
• the employee’s confidentiality and privacy rights;
• the work adjustments available to the employee during treatment;
• the employee’s statutory rights with regard to absence and any other related company benefits;
• the support (e.g. counselling) available to the employee;
• the work adjustments available to the employee on return to work;
• the employee’s statutory rights and any other company benefits if the employee decides to leave work; and
• the recourse if the employee feels they have been treated unfairly as a result of cancer.

Employees affected by cancer

Cancer not only affects the sufferer but also their family, close friends and colleagues. A lot of the principles that apply to dealing with an employee diagnosed with cancer can also be applied to an employee who has a family member that has been diagnosed with cancer.

The employee may also need additional support, counselling, confidentiality, time off or flexible working to allow them to support their relative as they deem necessary. If their family member has terminal cancer they may wish to take a leave of absence to spend with their relative. (Where the cancer sufferer is a child, the employee will be legally entitled to up to 18 weeks parental leave to look after their child). They should be informed of their statutory rights and any other benefits or considerations regarding the absence and a communication means between the employee and employer should be agreed.

When the family member of an employee has died, the employee will require extra time off to make funeral arrangements and to deal with the ensuing affairs. The employer should offer their condolences and determine whether they should communicate the death to the employee’s colleagues.

Further information

This article only deals with a few aspects of how employers should deal with employees affected by cancer. The Bizezia Online Library includes a PDF publication covering this subject in much more depth. It includes a list of organisations that provide such support to cancer sufferers. It also includes guidance on a number of other issues, such as:

•    Confidentiality
•    Absence from work
•    Support and benefits
•    Working arrangements during treatment and recovery
•    Working during treatment
•    Returning to work
•    Managing a disability
•    Leaving work
•    Terminal cancer
•    Implementing a cancer policy

Although not specific to absence from work due to cancer, Bizezia’s Work Manual includes a work policy that may be helpful for employers drawing up a caner work policy:  Employment Policy No.30 – Compassionate Leave Policy.

If you would like a copy of the PDF publication mentioned above, please email me at: mpollins@bizezia.com

A Guide to Sick Pay – are you clued up on it?

by Martin Pollins | Feb 19, 2014 | Employment

As we all know, the last few years have seen a shift from sick note to fit note. The employment contract should set out what sick pay an employee is entitled to and this will vary from job to job. As an over-riding principle, sick pay from work cannot offer an employee less than they are entitled to through Statutory Sick Pay.

The purpose of this article is to provide some clarity on what employees are entitled to and what employers are obliged to pay when an employee is unable to come to work through sickness.

The Fit Note

The fit note was introduced to replace the old sick note on 6 April 2010.  Doctors now issue fit notes to individuals to provide evidence of the advice the doctor has given about the individual’s fitness for work.  The fit note allows doctors to advise that individuals “may be fit for work” taking into account the doctor’s advice, or that they are “not fit for work”. For further information, visit the gov.uk website, here.

Two types of Sick Pay

When an employee takes time off from work due to illness, they might be entitled to sick pay. There are two types of sick pay, which are:

• Company Sick Pay (also called contractual or occupational sick pay)
• Statutory Sick Pay

If an employer runs its own sick pay scheme it is a ‘company sick pay scheme’ and an employee should be paid what they are due under that. This will depend on what is included in their employment contract.

Where an employee isn’t entitled to anything under a company scheme, their employer should still pay them Statutory Sick Pay (SSP) if they are eligible.

Company Sick Pay

An employer may offer a sick pay scheme that is more generous than SSP. The employer can offer any scheme that does not fall below the legal minimum.

Details of any company sick pay entitlement should be included in the written statement of employment particulars, which the employee should be given within two months of starting work. Where a company doesn’t offer a scheme, the written statement should say so.

Statutory Sick Pay

Employees may be eligible for Statutory Sick Pay (SSP), which is currently £86.70 a week for up to 28 weeks. You can offer more if you have a company sick pay scheme (but you can’t offer less). Company schemes are also called ‘contractual’ or ‘occupational’ sick pay and must be included in an employment contract.

Holiday (or ‘annual leave’)
Statutory annual leave is accrued while the employee is off work sick (no matter how long they’re off) and can be taken during sick leave. If an employee is sick after 28 weeks of company sick pay, or if this ends earlier and they are not entitled to SSP. More information is available here.

A typical Company Sick Pay scheme

Company sick pay schemes vary from employer to employer. A typical sick pay scheme usually starts after a minimum period of service (e.g., a three month probationary period). An employee would then receive their normal pay during any period that they are off work due to illness, up to a specified number of weeks. After this, they are likely to receive half-pay for a further period before any sick leave they take becomes unpaid.

Proof of sickness
An employer may set out how an employee should tell them that they are sick (e.g. ring in before a certain time of the day). Usually they will be able to self-certify for a week of illness, beyond that a doctor’s note is normally needed.

Discretion
An employer can choose to make an exception and pay an employee sick pay even if they don’t qualify under the company rules. Also, some sick pay schemes say that payments are ‘at the employer’s discretion’, which means an employer can refuse payment if they think the absence is unjustified. However, in doing so they must ensure that their decision is free from discrimination (that is, they are not favouring one category of employee over another when they are required not to).

If an employer has chosen to pay discretionary sick pay in the past this does not automatically mean they have to in the future. However, it is sometimes possible for a discretionary arrangement to become a part of an employee’s contract through ‘custom and practice’.

Work related sickness
The amount of sick pay an employee gets isn’t usually affected by the cause of their sickness. An employer may have a special scheme in place for workplace injuries.

If an employer is responsible for an employee’s incapacity they may have a legal right to make a personal injury claim. This applies to both a physical or psychological injuries (e.g., stress).

Time off to care for a sick dependant
An employee might be able to take time off to care for a sick dependant. However, their employer does not have to pay them for this time unless their contract says they should.

If an employer refuses to pay an employee sick pay that they are due, this is classed as an ‘unlawful deduction from wages’. The employee might be able to make a claim to an Employment Tribunal.

What else employees should know

• If an employee goes into hospital, SSP isn’t affected.
• If an employee works abroad, they may be able to get SSP if their employer pays National Insurance contributions for them.
• If an employee goes abroad to visit, they may still claim SSP if they can prove they’re still sick.
• Serving members of the Armed Forces cannot get SSP, but members of their families may be able to get it.

SSP and insolvency

If an employer does not pay an employee SSP because they are insolvent, payment will be made by Her Majesty’s Revenue & Customs (HMRC). They will only do this when the employer has been formally declared insolvent. HMRC will take over the payment from and including the week of insolvency. Any payments before that date must be paid by the employer.

Further information

The Bizezia Online Library includes a PDF publication covering this subject. If you would like a copy, please email me at: mpollins@bizezia.com

360-Degree Feedback

by Martin Pollins | Feb 14, 2014 | Employment

Some time ago, I came across the following quote from Professor Clive Fletcher, Goldsmiths College, University of London, and it inspired me to investigate what 360-Degree Feedback actually meant:

“The concept of 360-degree feedback makes a lot of sense and, if used well, should have a great deal to offer. It seems to suit the move towards the less hierarchical, more flexibly-structured and knowledge-based organisations of the future”

This paper is but a brief commentary on the subject. At the end of the paper, I have provided some links to further resources and information if you want to explore it further.

The original idea of developing Best Practice Guidelines in 360-degree feedback was developed from a collaborative research project, The Feedback Project. The Project Director was Professor Christine Farrell. You can access the document online at: www.psytech.com

In today’s changing and volatile world, organisations are continually looking for ways to improve performance, and satisfy the demands of all stakeholders. Achieving this almost inevitably involves change, which then becomes the pivotal dynamic for success.

For an organisation to evolve, the people working within it will have to adapt; and for this to be successful, they first of all need to know what it is about the way they are currently performing that needs to change.

This is where 360-degree feedback is playing a growing role in organisations through its ability to provide structured, in depth information about current performance and what will be required of an individual in the future to enable detailed and relevant development plans to be formulated.

Professionally managed, 360-degree feedback increases individual self-awareness, and as part of a strategic organisational process can promote:

• Increased understanding of the behaviours required to improve both individual and organisational effectiveness;
• More focused development activities, built around the skills and competencies required for successful organisational performance;
• Increased involvement of people at all levels of the organisation;
• Increased individual ownership for self-development and learning;
• Increased familiarity with the implications of cultural or strategic change.

Overview

360-degree feedback is a process whereby an individual (the recipient) is rated on their performance by people who know something about their work (the raters). This can include direct reports, peers and managers and in some cases customers or clients, in fact anybody who is credible to the individual and is familiar with their work can be included in the feedback process. This is usually in addition to completing a self-assessment on performance. The resulting information is presented to the individual with the aim of helping them to gain a better understanding of their skills and development areas.

Each source can provide a different perspective on the individual’s skills, attributes and other job relevant characteristics and thus help to build up a richer, more complete and accurate picture than could be obtained from any one source.

The Role of Technology in 360-degree Feedback

Increasingly, computers are used to support 360-degree feedback processes, and have considerable advantages in reducing the administration and in gathering feedback where people work on different sites and in different countries. When gathering information in this way, particularly where the Internet is the medium, it is important to ensure the process is secure and that the information will remain confidential to the agreed people involved in the process.

Resources

Books etc on the subject (some of these may be out of date or may have been updated since I first prepared the list):

• Alimo-Metcalfe, B. (1998). 3600 Feedb ack and Leadership Development. International Journal of Selection and Assessment, 6, 35-44.
• Armstrong, M. and Baron, A. (1998). Performance Management Feature: Out of the tick box. People Management, 23 July, 38-41.
• Chivers, W. and Darling, P. (1999) 360-degree Feedback and Organisational Culture. Institute of Personnel and Development, London.
• Fletcher, C. (1998) ‘Circular Argument’ People Management, 1st October, 46-49.
• Fletcher, C (1997) Appraisal: Routes to Improved Performance. Institute of Personnel and Development, London.
• Fletcher, C. (1997) Self-awareness – a neglected attribute in selection and assessment? International Journal of Selection and Assessment, vol 5, 183-187.
• Fletcher, C., Baldrey, C., & Cunningham-Snell, N. (1998). The psychometric properties of 360-degree feedback; an empirical study and a cautionary tale. International Journal of Selection and Assessment, vol 6, 19-34.
• Fletcher, C. and Baldry, C. (1999). Multi-source feedback systems: a research perspective. In C.L. Cooper and I.T. Robertson (Eds.) International Review of Industrial and Organizational psychology, Vol. 14. John Wiley and Sons Ltd.
• Garrow, V. (1999) A Guide to the Implementation of 360-degree feedback. Roffey Park Institute Limited, Sussex.
• Geake, A., Oliver, K. and Farrell, C. (1998). The Application of 360-Degree Feedback: A Survey. SHL, Thames Ditton, Surrey.
• Goodge, P. and Watts, P. (2000). How to manage 360-degree feedback, People Management, 17th February 50-52.
• Handy, L., Devine, M., & Heath, L. (1996) 3600 Feedback: Unguided Missile or Powerful Weapon. Ashridge Management Research Group, UK.

In the Bizezia online library, you will find 360-Degree Feedback the text for which I wrote some 5 or 6 years ago. If you would like a copy of it, please email me at: mpollins@bizezia.com

Employee Internet Use Policy – Does Your Business Have One?

by Martin Pollins | Feb 14, 2014 | Employment

Here are two simple questions for you to consider:

• Do you have employees who use your computers and telecommunications equipment to access the Internet?
• Do they send emails?

Another question: Did you know that an employer can be responsible for emails sent under its name?  The doctrine of vicarious liability applies equally to emails as it does to other forms of correspondence. It means that if the recipient of an email reasonably believes that the email has been sent by someone representing the sender, he/she is entitled to take the contents of that email as representing the views of the sending company.

Personal use of telephones, mobiles, copiers, faxes etc pale into insignificance compared with the problems that can result from non-business, improper and unauthorised use of the Internet or email. It’s a strange fact that whilst few employees would ever consider sending their personal letters on their employer’s letterhead, that’s exactly what they do when they use business email to send personal messages.

Should you have an Internet Use Policy?

Should businesses have an Internet Use Policy? In my view they should. Internet Use includes not only surfing the web but also sending and receiving email, page and file downloads, viruses and anything else that is available online. An Internet Use Policy is about sending and receiving, who owns what, and what kind of monitoring should employees expect.

When setting an Internet use Policy, the most important points are that the Employer needs to:

• state what is and is not appropriate use of the Internet,  email, and other electronic resources;
• state what the consequences are of breaking the policy;
• protect itself, its employees, and its assets from misuse of electronic communication resources.

Employers should provide their employees with clear guidelines about which uses of the Internet are proper, and which uses are not. Employees need to be educated in the potential risks involved when sending emails or accessing the Internet. A clear policy that is enforced will help the employer reduce its risk of liability from improper Internet use.

Sending a few personal emails may not cost an employer much in lost productivity, but it raises several legal and moral issues:

• Emails are not confidential, and can be read by users with appropriate permission or expertise.
• The use of the “Reply All” key in place of the “Reply” key could result in an email being sent to an inappropriate recipient list.
• Opening email attachments from a dubious source may cause a virus or malware to be downloaded to your system. New viruses are created daily, and even the most sophisticated virus checking software cannot guarantee to block all insidious programs.
• Opening emails from an unknown source may result in information about your system being uploaded to the mail sender. This information can then be used for sending “spam” mail.
• Downloading files from websites can import viruses and malware.
• Information that identifies the “surfing” system can be registered when accessing a website. This could have legal implications if the site contains illegal matter.
• Though legislation on Internet use is still in its infancy, employers face a possible legal liability for the Internet use of their employees.
• Employee emails that offend or harass recipients could see employers facing legal action.
• Emails have the same legal standing as other forms of communication to and from a company. Their inadvertent misuse could result in binding contracts being created.
• Employers might also be liable for any other unlawful use of company IT resources – for example, if employees infringe copyright law by downloading and disseminating publications.

Formulating and disseminating an Internet use policy and the implementation of appropriate disclaimers on all external emails will reduce your legal risks as an employer.

Internet connectivity is almost ubiquitous among organisations across the world. The speed of access to the Internet at work combined with unsupervised time and little or no accountability adds up to hours of non-work-related web surfing and millions of £s in lost productivity. An average of 30% to 40% of employee Internet activity is not business related. Without an Internet use policy, your business is legally responsible for all such activity.

Drawing up Your Policy

An Internet Use policy need not be a lengthy document. It just needs to be clear and consistent about what your business does and does not accept. It should contain information on the disciplinary consequences of any policy breaches thus making it easier to take action against an employee who steps out of line.

Action Points

• You could include the policy in employee induction manuals and ask your employees to sign off on the policy to indicate that they have read and understood it.

• You can also monitor the IT use of your employees with special software. However, take care – there are legal issues you need to be aware of. If employees are monitored without their knowledge, their privacy rights may be breached.

Negative Aspects of Monitoring

Telling your employees that they are subject to monitoring may reduce the chances of a privacy breach, but it could also have a negative effect on their productivity. People tend to work differently when they are being monitored, as they often feel more self-conscious.

Another problem with monitoring is that someone needs to do it. Software might scan for obscene language, for example, and some software will block out porn or gambling websites. But no software program can adequately assess whether an email is defamatory. Somebody would need to sift through a lot of material to monitor even a fraction of the electronic traffic that circulates in an office of any size.

But while the contents of the Internet Use Policy may vary from business to business, it’s clear that every organisation should have one.

Employment experts ACAS provide a guide to Social Media use, which can be found here.

There’s an Internet Use Policy as part of Bizezia’s Work Manual.  If you email me at mpollins@bizezia.com, putting Internet Use Policy in the subject line, I’ll send you a specimen of the policy.

Closing words

In closing this paper, I should mention a few things about Work Manual. With it, you can create your own office policies and procedures manual on a fully-editable online system. Additionally, for example if you are an accountant or other advisory firm, you can use Work Manual to create office policies and procedures manuals as an additional fee-generating service to your clients.

Work Manual now comes with templates for Contracts of Employment, Written Employment Particulars and a comprehensive editable Job Description Library as well as optional additional work policies.

View more details about Work Manual.

Changing Employment Terms… A Brief Guide

by Martin Pollins | Feb 14, 2014 | Employment

It’s generally easy to change employment terms that are beneficial to employees such as an increase in pay or provision of a car allowance. It’s a totally different thing if you want to change terms that are less acceptable to an employee, for example a pay cut.

First, you need to determine whether the change affects the employment contract, and if so, how to make a legally binding change.

GOV.uk provide some useful guidance on changing an employment contract, and it is available online, here.

You should make sure you:

• Familiarise yourself thoroughly with the details of any existing contracts before considering what alterations you want to make;
• Consult your staff about any changes you wish to introduce and include their trade union or other elected representatives. Simply imposing changes could mean a claim by employees for damages in a civil court, employment tribunal, or a constructive dismissal claim before an employment tribunal;
• Discuss any changes with your staff in a thorough and detailed way, fully explaining the reasons for any planned alteration and take into consideration the impact of the proposed changes in individual circumstances;
• Try, if agreement cannot be reached with an employee on changes, to negotiate a new contract;
• Put as much in writing as possible.

Does the employment contract need amendment?

A contract is a legally binding agreement between you and your employee, which is formed when the employee agrees to work for you for pay.

A change of terms will not require a change to the contract of employment where the change is simply a change in practice or where:

• the existing contract allows the employer to change its terms;
• the existing contractual terms are flexible enough to allow the proposed change without change (for example, a clause which requires an employee to carry out a range of duties);
• the employer has a specific right to change the contract in this way.

However, the above options are not without problems and should only be used to make minor and reasonable changes to the terms that are beneficial to the employee. Specific flexibility clauses may be limited by implied terms (such as the obligation on the employer to act reasonably) and will be given a restrictive interpretation by a tribunal. Note that where flexibility clauses are open to interpretation, this interpretation will favour the employee.

If it is determined that the contract does need amending, then this can only be done with the employee’s agreement or within the scope of the existing terms which must be scrutinised.

The “contract” is made up of both oral and written agreements and may include:

• Express terms which are terms explicitly agreed between the employer and employee;
• Implied terms which may include:
  –       terms that are too obvious to mention (e.g. that the employee will not steal from the employer);
  –       those necessary to make the contract workable (e.g. that a person employed as a driver must have a current driving licence) – though it is often better to write down such terms in any case; and
  –       those that are the custom and practice of the business or industry;
• Terms incorporated into individual contracts by reference to other documents, such as company handbooks or collective agreements with trade unions;
• Terms imposed by law (e.g. the right not to be discriminated against on grounds of race or sex).

Non-contractual benefits and “policies” do not form part of the contractual terms. Altering non-contractual terms can also lead to discrimination claims and claims of breach of the implied duty of mutual trust and confidence. Note that just stating that a term is non-contractual does not make it so. If in doubt, seek legal advice.

How to change the contract

Where the change in terms does require the existing contract to be changed and the existing contract does not allow for this, the employer may consider the following options. Note that the employer must also provide the employee with a written statement of any changes to terms.

Express agreement

The employer can seek express agreement for the change in terms from the employee (or where it is appropriate through a binding collective agreement with a trade union or other collective body). Legally, the employee may agree to the employer’s proposals orally although it is safer to get written agreement. The employee must receive a consideration in return for the change in terms for the contractual amendment to be considered binding. In some cases, where the change has immediate effect, the employee’s continued employment can qualify as the consideration.

Implied agreement

Where the change has an immediate impact on the employee, the employer could consider introducing the change and hoping that the employee does not object so that their implied agreement to the new terms can be established. However, even if an employee continues to work without objection that does not guarantee implied agreement – particularly if the impact of the change of terms is delayed.

Such an imposed change of terms is a breach of contract and the employee may respond by:

• refusing to work under the new terms;
• resigning and bringing a constructive dismissal claim against the employer; or
• “standing and suing”, where the employee works “under protest” and brings a breach of contract claim or in the case of a pay cut a claim for unlawful deductions from wages.

Termination and re-engagement

An employer may choose to terminate the existing contract and offer continued employment under the new, varied terms. In this case, the employer must comply with the statutory dismissal and disciplinary procedures for the dismissal not to be automatically unfair.

Again this strategy is not without risk and the employee may respond by:

• bringing a claim for unfair dismissal, unless the employer can establish a potentially fair reason for dismissal and show that it acted reasonably in dismissing the employee for failure to agree to the change.
• Bringing a claim for wrongful dismissal unless the employer gives the appropriate period of notice (or makes a payment in lieu of notice).

It should be noted that where the employer terminates the contracts of all employees “of a description or in a category to which the employee belongs” and then re-engages the employees then the statutory dismissal and disciplinary procedures may not apply. However, if the proposed change singles out a particular group of employees (for example older employees), then this could give rise to a claim of indirect discrimination.

In addition, where the collective consultation obligations apply then the statutory dismissal and disciplinary procedures may not apply. Where this approach is used to terminate the contracts of multiple employees the dismissals may be considered as redundancies for certain purposes. If 20 or more employees are affected the employer must notify the Secretary of State and comply with the statutory collective consultation obligations.

The employer will be required to inform and consult its employees in a number of circumstances, such as:

• where the employer proposes to change the terms by terminating the contracts of 20 or more employees;

• where there is a recognised trade union and the proposed change of terms may be subject to collective bargaining with trade union representatives.

Final words

Some time ago, I wrote the text for a couple of publications in Bizezia’s online business library dealing with Contracts of Employment and Changing Employment Terms. If you would like a copy of either (or both) of these, please email me at: mpollins@bizezia.com.

Why Your Company (definitely) needs a Work Manual

by Martin Pollins | Feb 13, 2014 | Employment

Providing your employees with a Work Manual that includes both company policies and company procedures helps both your business and your employees. You might expect me to say that as I authored a publication on this subject.

Having a Work Manual helps set employee expectations about the company’s work environment and communicates corporate standards and procedures.

Overview

A Work Manual can be referred to or described as Office Manual, Employee Handbook, Policy and Procedures Manual… but, in essence, they are all the same thing.

A policy can be part of your employee/company handbook or you could set it out in a separate document. However, for your discipline and grievance policies, you must either set them out in the written statement or refer in the written statement to a place where the employee can read them, for example, on the company intranet.

A Work Manual can help your business increase professionalism and efficiency in the following ways:

•  As a reference point for employees so that HR/managers do not have to repeatedly answer questions on policies or procedures.
•  As a training tool that can be used to help with employee induction.
•  As a guide for how your employees should deal with customers
•  As a manual to improve the quality and consistency of service you provide to customers.
•  As a means of clarifying who is responsible for specific tasks within the business.
•  As a reference guide to help settle employee misunderstandings and avoid conflicts.
•  By providing clear rules to protect your company from potential misuse of computer systems and IT resources.
•  As evidence of company expectations should you need to dismiss an employee.

The benefits to employees and the business

A Work Manual doesn’t just help employers. Employees also like to know where they stand.

A Work Manual helps employees by:

•  Providing clear guidelines on how to do their job and what is expected of them.
•  Providing information on how an employee can expect to be dealt with by both the employer and other employees.
•  Creating a culture where issues are dealt with fairly and consistently.
•  Acting as a motivational tool by outlining the opportunities that are available to employees in terms of training, career advancement and flexible working practices.
•  Setting policies that help identify and prevent potential risks to employees (e.g. health and safety/money laundering) and ensure that they comply with the law.
•  Setting standards to reduce the need for disciplinary and legal action.

What should you include in the Office or Work Manual?

Here, I look at the policies, procedures and other information you should include in a Work Manual. Some key policies must be provided by law whilst others should be considered for best practice.

Work policies generally aren’t contractually binding unless they expressly state otherwise. However, terms of some policies could be seen as contractually binding via custom and practice, for example, where workers follow certain working practices or receive certain benefits over a significant period of time.

In those areas where having a policy is not a legal requirement, it’s still good practice to have one so that workers understand what you expect of them and what they can expect to get in return. Policies also help to create a culture where issues are dealt with fairly and consistently.

You don’t have to have a staff policy on every single aspect of your business. Indeed some types of policy may be irrelevant or unhelpful. However, you are legally required to have written policies on certain things such as disciplinary and grievance procedures and health and safety (if you have five or more employees).

Table 1 shows the policies which are a legal requirement and which are not.

It also makes good business sense to set out your expectations on more general company policies such as confidentiality, ownership of copyright and designs, dress code and use of company facilities.

The policies that you implement will depend on the size and nature of your business: different policies will be more relevant to some businesses than others.

What policies should you adopt?

The policies that you have will depend on the size and nature of your business. For example, if your employees operate machinery, it may be a good idea to implement a specific policy on drugs and alcohol use. If most of your employees use computers most of the time, you should have an e-mail and internet policy.

Setting standards is the key to healthy workplace relations. It can reduce the need for disciplinary and legal action. It may also increase productivity and morale, as well as help employee retention.

Clear policymaking can also be positive for your business’ reputation externally, e.g. among clients and the local community. It can also help in attracting new staff.

NOTE: It is a legal requirement to set out your health and safety policy in writing if you have five or more employees. It is also a legal requirement to set out your disciplinary rules and discipline and grievance procedures in writing.

The Work Manual

The Work Manual should include the work policies and procedures that have been prepared in accordance with employment legislation and that form part of the terms of employment for each employee.

The policies and procedures should be regularly reviewed to ensure that they comply with current legislation and regulations. It should be made clear how any changes to the manual will be notified, for example via e-mail or via the company’s Intranet.

The manual should include a statement that makes clear that the policies and procedures are not intended to be contractual commitments, that no policy is intended as a guarantee of continuity of benefits or rights and that no permanent employment or employment for any term is intended or can be implied from any statements in the Work Manual.

Consideration should be given to inclusion of the following sections.

Introduction to the Company
This section should provide an introduction to the company and its culture followed by information on the following areas where appropriate to the company’s business:

•  The Company’s history
•  Partners, Directors and Associates
•  Company Objectives/Mission
•  Sources of Technical Support
•  Organisation Chart
•  Intranet details (and the Client/Customer Extranet)
•  Statement of Growth, Profit, and Business Plan
•  Managers
•  Statement of Commitment to Employees
•  Continuity of Policies – Right to Change or Discontinue

At the end of this section there should be an acknowledgment of receipt that each employee should sign. They should then retain a copy of the manual for their records.

The Business
This section should include a description of the range of services that the company offers or the products it sells. For example, for an accountancy firm these may include audit, accountancy, taxation, business consultancy, insolvency and other services.

Employment Policies
This section should provide all policies that relate to employment. Where appropriate, employees should sign their agreement to certain policies. It should, in my view, include information on the following areas where appropriate to the company’s business:

Employment Status & Records
This section should provide all policies that relate to employment status. It should include information on the following areas where appropriate to the company’s business:

•  Undertaking Other Duties
•  Changes – in types and levels of employment
•  Anniversary Date (for review purposes)
•  Reinstatement – after Redundancy or after Voluntary Registration
•  Retirement Policy
•  Flexible Working Policies
•  Employment Classifications – Regular Full-Time, Regular Part-Time and Temporary Employees
•  Access to Personnel Files
•  Background Checks
•  Performance Review and Salary Merit
•  Job Descriptions and Standard Profiles
•  Equal Pay Policies
•  Provision of references to prospective new employers

Employee Benefits
This section should provide details of the policies that relate to employee benefits.

Payroll
This section should provide all policies that relate to payroll.

Workplace Guidelines and Information
This section should provide all the policies that relate to the workplace.

E-Policies
This section should provide all policies that relate to computer and IT matters.

Dealing with Clients/Customers
This section should provide all policies that relate to client/customer contact.

Financial Procedures
This section should provide all policies that relate to financial procedures.

Administration and Sundry Matters
This section should provide all policies that relate to administration and other sundry matters.

IT Self-Analysis Questionnaire 
This section can be used by an employee to record their level of expertise in the IT software used by the company. It should include a list of the common functions the employee will need to undertake as part of their job.

Introducing new policies

If you are planning to introduce a new policy, you should consider the following:

•  What is the purpose of the policy?
•  Have you consulted with managers, workers and their representatives?
•  Has someone been given overall responsibility for the policy?
•  How are you going to communicate the policy to all workers?
•  Have you given workers enough notice about the new policy?
•  Have you thought through the potential cost of the policy?
•  Does the policy change anyone’s employment contract?
•  How are you going to monitor and maintain the policy?

Produce your own Work Manual from scratch

There’s no need to re-invent the wheel.  Find out more about having a Work Manual that you can create yourself, by visiting: onesmartplace.com/products/work-manual or by contacting us for information.

Why Employees Deserve Proper Job Descriptions

by Martin Pollins | Feb 13, 2014 | Employment

Someone mentioned job descriptions to me the other day. They had been approached by an employee who had said they hadn’t got a clue about what their job entailed. I said that every employee ought to have a proper job description. In fact, one of Bizezia’s business solutions is called Work Manual and it includes more than 500 professionally written templated job descriptions, all of which are fully editable.

OK, why do I think employees deserve proper job descriptions?

Most employees are legally entitled to receive a written statement that covers their main employment particulars within two months of starting a job. Part of that written statement is known as the principal statement and must include:

• The legal name of the employer company:
• The legal name of the employee:
• The date the current employment began:
• Any earlier date upon which employment with a previous employer began which is treated as “continuous” with the current employment:
• The employee’s pay, or how it is calculated, and the intervals at which it will be paid – e.g. weekly or monthly:
• The employee’s hours of work:
• Entitlement to holidays – including public holidays – and holiday pay. The information must be accurate enough to allow precise calculation of accrued entitlement:
• The address of the employee’s place of work. If they will be working in more than one place then you should indicate this along with the employer’s address: and
• Job title or a brief description of the work.

That means that an employer can choose to just list the job title OR a brief description of the role in the written statement. Neither option properly communicates what is expected of the employee.

Preparing a job description is not a legal requirement but it is an important part of employee documentation. If expectations and requirements are not properly set at the start of employment, then problems can occur further down the line if there is a mismatch between the employee’s performance and the employer’s expectations. This is not fair on either party and can just lead to unnecessary conflict.

In fact, without a clear and realistic job description in place at the recruitment stage there’s a much greater risk of filling a vacancy with an unsuitable candidate.

Employees deserve job descriptions that clearly identify their responsibilities, the knowledge and skills they require and their position within the company’s organisation.

Why your employee needs a job description

A well written clear job description:

• helps an employer differentiate between job applicants to recruit the right person for the job on offer
• helps an employer address any questions from unsuccessful applicants
• communicates a business’s company direction and values
• sets clear expectations of what is expected from the employee
• tells an employee (and co-workers) where they fit within an organisation
• identifies any qualifications and experience necessary for the job
• is flexible enough to allow the job to grow and change to suit the employee’s skills and the business’ needs
• provides a reference against which an employee’s performance can be measured. (This is particularly important if an employee is underperforming)
• indicates any necessary adherence to any relevant employment legislation (e.g. health and safety legislation)

Writing a Job Description

A job description should include:

• The job title.
• A summary of the general nature and objectives of the job.
• The position in the company, including the job titles of:
  –     the person to whom the employee will report,
  –     any subordinates,
  –     any other relevant working relationships.

• A list of the main duties or tasks of the employee. This list should contain all of the duties and tasks that are necessary for the successful performance of the job. It should make clear where the employee has overall responsibility and accountability for both their own tasks and tasks performed by their subordinates.
• A list of the qualifications or experience required to fulfil the job’s functions split into those that are essential and those that are desirable.
• The location of the job.
• Equipment to be used in performing the functions of the job (include any health and safety guidance if appropriate).
• Salary range/grade for the job.

What else does an Employee need to know?

A job description is just one of the documentary tools that helps employees understand what is expected of them and where they stand in a company.

But what about policies and procedures?

Providing your employees with an Office Manual that includes both company policies and company procedures helps both your business and your employees. It helps set employee expectations about the company’s work environment and communicate corporate standards and procedures.

Free publication

For more information on Work Manuals, please email me at mpollins@bizezia.com and I’ll send a free copy of my publication: Why Your Company Needs a Work Manual

6 articles covering all things ‘jobs’

by Martin Pollins | Feb 10, 2014 | Employment

I found several interesting articles on employment issues. The first three cover women taking six years away from work to rear their children, BITC arguing that employees should be rewarded for responsible behaviour and the third one is about office romances and what happens when they go sour. The last three give advice on what to do before quitting your present job, the new Health and Work Service proposals to get long-term sick back to work and finally details of HMRC guidance on the Employment Allowance.

Dame Alison Carnwath calls for breaks of six years for mothers

Companies should allow women to take up to six years off to focus on raising their families, the FTSE 100’s only woman chairman has said. In an interview with The Financial Times today, Land Securities chairman – and City A.M. awards judge – Dame Alison Carnwath said companies would find “measurable economic benefits” by holding onto their best women, and allowing them to return after rearing their children.

She said companies would benefit not only from a cost point of view but also from a “continuity of culture”.

Her comments contrast with controversial remarks made by Ukip leader Nigel Farage earlier this month, who argued that women who work in the City and have children are worth less when they come back. I can’t agree with that, sorry Nigel.

Read more here.

BITC urges leaders to reward staff for responsible behaviours

The head of charity Business in the Community (BITC) has challenged company bosses to reward their staff for responsible behaviour in the same way they incentivise them for hitting financial targets. Speaking at the Leadership Summit, BITC’s chief executive Stephen Howard urged leaders to take practical steps to encourage employees to “do the right thing”. He called on chief executives to show their staff that responsible behaviour is both valued and adds value to the organisation and urged them to consider using rewards to highlight this. He said that responsible behaviour should form a central plank of staff training and development and encouraged bosses to actively give staff experiences outside their day job to nurture their values and decision-making.

Read more here.

Workplace advice on safeguarding your office when workplace romances turn sour!

We all know that love is in the air in the run up to Valentine’s Day, but with a large proportion of the UK workforce spending a significant amount of time in work, Jo Eccles, business adviser at the Forum of Private Business (FPB) suggests establishing clear policies at work can avoid any nasty fallout later. It’s a well-known fact that a large number of personal relationships are formed at work. Depending on which survey you look at, the number of people who have been involved in workplace liaisons is anywhere between 30 to 70%, and most employers will admit to coming across it at some point.

There is no law against office romances, and while you may not like it doesn’t mean you can pull the plug on it legally.

However as an employer you do have the right to expect that people you employ should behave in a professional manner at work and should bear in mind that any romantic liaisons they may have may raise issues of a conflict of interest.

Such issues can include:

• The effect on the trust and confidence of colleagues in relation to a conflict of interest, fair treatment or their own ability to discuss issues openly with, for example their line manager.
• The perception of the other employees, clients or customers in relation to professionalism and fairness of the business and its employees.
• Conflicting loyalties and breaches of confidentiality.

While some organisations do introduce rules that employees in the same department must not enter into romantic relationships, many employers find the best approach is to put a policy in place, which deals with relationships in the office.

This often includes:

• Defining a close personal relationship.
• Requirements to disclose a personal relationship (on application forms or to the line manager to flag up any potential conflict of interest issues that may arise).
• Changes in operating procedures that may be required as a result of the relationship, such as changes to line management supervision, shift or work patterns, conflicts of interest that may impact on perceptions or employee relations within a team.
• What to do if is relationship breaks down.

The full FPB release is here.

Before You Quit Your Job, Do These 10 Things

In a story from the U.S., some advice on what to do when you are leaving your current job.  In his new book, Smart People Should Build Things (HarperBusiness, 2014), the “recovering lawyer” and founder of Venture for America Andrew Yang offers up his opinion on how the USA can rectify its current economic problems – have smart people build things. His book delves into an innovative model on how entrepreneurs and our youth can launch small businesses and revolutionize industries. Yang also touches on what policy makers and individuals looking for jobs should do to ensure entrepreneurship is both attainable and realistic.

Andrew Yang is the founder and CEO of Venture for America, a New York City-based non-profit organisation focused on placing top-college graduates in startups for two years in emerging U.S. cities to generate job growth and train the next generation of entrepreneurs. He is also the author of Smart People Should Build Things.

Read more, here.

New Health and Work Service to get long-term sick back to work

People off sick for more than four weeks are to be offered advice to get them back to work more quickly under a scheme being set up by the government. The Health and Work Service, which will cover England, Wales and Scotland, will offer non-compulsory medical assessments and treatment plans. It will be run by the private sector and paid for by scrapping compensation to employers for statutory sick pay.

Is this another privatisation on the QT?

Ministers say employers will save money overall by having fewer staff off sick. They said it may save companies up to £70m a year in reduced sickness pay and related costs.

Labour’s shadow work and pensions minister, Kate Green, said: “Any help to cut number of days lost to sickness is welcome, but with the government’s Work Programme helping just 5% of people on sickness and disability benefits into jobs, it is clear much more needs to done to help people get back to work.”

The new scheme will not entail any change to existing laws. At present, staff who are off work for more than four weeks are considered to be long-term sick and entitled to Statutory Sick Pay of almost £90 per week from their employers. That will not change under the new arrangements – but the government wants the Health and Work Service to cut the number of people on long-term sick leave. Under the scheme, employers or GPs will be able to refer employees for a work-focused occupational health assessment.

Admittedly, it’s a big problem. About one million people in Britain are off work long-term because of illness, according to the government. The rate of absence through sickness is among the lowest in Europe and has halved over the past decade, but the Government thinks it still too many.

Read the BBC article here.

HMRC guidance on Employment Allowance

This story from accountancylive.com, here, explains that HMRC has published detailed guidance on the Employment Allowance available from 6 April 2014 which allows eligible companies to reduce employer Class 1 National Insurance Contributions (NICs) by up to £2,000 each tax year.  The allowance, first announced in Budget 2013, can be claimed by a business or charity (including Community Amateur Sports Clubs) that pays employer Class 1 NICs on employees’ or directors’ earnings.

If the company belongs to a group of companies or the charity is part of a charities structure, only one company or charity can claim the allowance, and it can be applied to only one PAYE scheme even if the business or charity runs multiple schemes.

There are exemptions to the businesses able to claim the Employment Allowance, including employing someone for domestic or personal work; public authorities; and organisations which provide work of a public nature, such as local council refuse collection, GP services or prisons. Due to the changes, Personal Service Companies (PSC) who pay contract fees instead of a wage or salary, also may not be able to claim as it is not possible to claim the allowance for any deemed payments of employment income.

The HMRC guidance is available here.

New Acas guidance on TUPE law changes

by Martin Pollins | Feb 4, 2014 | Employment

Late last month, Acas published new guidance to help employers and HR professionals dealing with TUPE transfers understand the legal changes that have now come into effect.

The regulations ensure that when a business transfer occurs, employees moving across to the new employer bring with them their length of service and terms and conditions, and the regulations provide a structure for the transfer process.

The past decade has seen a rise in organisational restructuring, particularly the use of outsourcing across both the public and private sector. This looks set to continue. Last year the Acas helpline dealt with nearly 30,000 calls on the subject and our web guidance was viewed around 220,000 times

The key TUPE changes include:

• Terms and conditions from collective agreements may be renegotiated after one year provided that overall the contract is no less favourable to the employee;

• Dismissals are no longer automatically unfair because of a change in the workplace location;

• Businesses with fewer than 10 employees are not required to invite the election of representatives for consultation purposes if no existing arrangements are in place; and

• Employee liability information should be provided 28 days before the transfer, rather than 14 days as previously.

The new guide 2014 Changes to TUPE is available here.

Business plan to prepare students for the workplace

by Martin Pollins | Jan 30, 2014 | Employment

The British Chambers of Commerce (BCC) is demanding a transformation of the UK’s education system. They argue that young people are leaving school unequipped to succeed in the workplace. 

Yes, I know that we’ve had these ideas before but now the bandwagon is gathering momentum. “Although we believe that successive governments have failed our young people by not properly equipping them for their future careers, it is time to break away from the blame game,” says BCC president Nora Senior.

BCC say that:

• The Government must use the tax system to encourage apprenticeships and the learning of foreign languages, a move which could boost exports.

• Students should also have regular contact with employers, as part of a new programme of so-called careers education. The measures are part of a wider proposal, named the skills and employment manifesto.

• Universities should work with Chambers of Commerce across the country to help ensure that higher education courses are relevant to future job opportunities, it says.

In a nutshell, the BCC plan includes recommendations to improve young people’s transition from education to work, boost employers’ investment in in-work training and help them to find skilled workers among the nation’s jobseekers.

You can download the BCC publication from here.

As an aside, I spotted a BIS press release yesterday about further education learners: average earnings. A BIS report presents emerging results from analysis of average earnings for Further Education learners, and guidance on the limitations on their use.