The right to a predictable work pattern

The government is backing a Private Members Bill, the Workers (Predictable Terms and Conditions) Bill.

If passed the Bill will amend the Employment Rights Act 1996 (ERA 1996) to give workers and agency workers the right to request a predictable work pattern. The circumstances in which they will be able to do this will be where:

  • There is a lack of predictability as regards any part of their work pattern (fixed term contracts of 12 months or less are presumed to lack predictability);
  • The change relates to their work pattern; and
  • Their purpose in applying for the change is to get a more predictable work pattern.

Two applications may be made in a 12-month period. The service requirement to access the right, which is expected to be 26 weeks, will be specified in regulations.

Employers, temporary work agencies or hirers would be able to reject applications based on statutory grounds. Workers and agency workers would have the right not to suffer a detriment short of dismissal for making an application under the procedure or for bringing proceedings to enforce the statutory right to request a predictable work pattern. It would also be automatically unfair to dismiss an employee for making an application under the statutory procedure or for bringing proceedings to enforce the statutory right.

Watch this space

How to retain good people

There is a war for talent at the moment, recruitment is difficult in most industries. How do you make yourself an attractive employer in todays market? How can you retain your existing talent?

Create a great culture

Employees do not want to turn up for work, do their job and clock out again. Employees want to feel part of something. Promoting team building activities, social gatherings, sports activities etc will help engage individuals.  A positive culture will drive loyalty in a business and increase productivity. Promote your employee events on social media platforms and the company website, so it’s self-evident for candidates and new recruits to see what a great place it is to work – think about employer branding.

Master Internal Communications

One of the top reasons for exiting a company is poor communication from the leadership team. Employees want to be informed and always know what is going on in their organisation. They want to know where your company is headed. Be honest with your team, involve them in decisions and if they have any concerns address them as soon as you can, this will build trust.

“70% of employees felt more engaged in companies where information of value, company goals, objectives, and
individual / organisation execution are clearly communicated”

Be Flexible

Since covid, employees expectations have changed around their working day. Keeping pace with this new attitude is key to retaining and recruiting staff. Can employees choose their working hours? can they work from home? can they work four days instead of five? can you adopt a work from anywhere policy?

Offer Job Satisfaction

A recent survey suggests that only 23% of employees enjoy their job. That seems a very low statistic. What can you do to make an employee feel valued? firstly are they paid a fair wage and have you reviewed the benefits package recently? Do you engage with your staff? do you know what makes them tick? what motivates them?

Trusted Leadership

Trusting the leader of the business is one of the most important aspects of business culture. Approachable management is key to developing good relationships with staff. The way managers communicate with staff has a direct impact on their productivity.

Happy employees mean they are more likely to recommend you as an employer and remain loyal to you.

Ask your staff if they are happy by doing an employee survey. Ask them what motivates them (it’s not always the money!)

For assistance with employee engagement, recruitment, retention and all things benefits please get in touch.

Cutting Costs? Redundancies aren’t the only option!

The financial crisis is leading employers to look at their overheads and headcount. Redundancies are one option but there are a few others on the table:

Lay off and Short Time Working

If you have a clause in your contracts of employment, you may be able to ask your staff to reduce the number of days they work (short time working) or take whole days off (lay off). You must ensure that you pay your employee the statutory guarantee pay which is set by the government. This is capped at five days in any three month period.

Contractual Changes

You will need to consult with your staff if you wish to change their terms and conditions of employment temporary or permanently. You might wish to ask your staff to accept a temporary pay decrease as an alternative to redundancies. Asking staff to decrease their hours of work may also be an option (and reduces their pay at the same time). Overtime rates and redeploying staff to other areas of the business which are busier may also be options.

You must ensure that you consult and get written agreement prior to any changes to conditions being made.

If you would like to discuss the above or the redundancy process if thats the only option for you, then please contact me now.

Annual Leave, Harpur Trust

Last year I informed you all of the changes to holiday calculations following the court ruling in Harpur Trust. The court ruled that holiday entitlement under the Working Time Regulations 1998 for permanent part-year workers should not be pro-rated so that it is proportionate to that of a full-time worker.  As a result of this part-year workers are entitled to a larger annual paid holiday entitlement than part-time workers who work the same total number of hours across the year.

The government now proposes to introduce a holiday entitlement reference period of 52 weeks to ensure that holiday entitlement and pay is directly proportionate to time spent working. It proposes to include the weeks in which workers perform no work in the holiday entitlement reference period. The consultation closes on 9 March.

Once we have further information, I will update and advise you how to apply your holiday entitlements going forward.

Cold Weather: HSE Guidance

HSE Guidance

Temperatures in indoor workplaces are covered by the Workplace (Health, Safety and Welfare) Regulations 1992, which place a legal obligation on employers to provide a “reasonable” temperature in the workplace, but which does not stipulate a legal minimum and maximum working temperature.

The Approved Code of Practice contained within the Workplace (Health, Safety and Welfare) Regulations stipulates that for indoor working the minimum temperature should be at least 16°c, or 13°c if much of the work involves “rigorous physical effort”.

HSE guidance states that the following steps can help keep people as comfortable as possible when working in the cold:

  • Provide adequate workplace heating, such as portable heaters, to ensure work areas are warm enough when they are occupied
  • Design processes that minimise exposure to cold areas and cold products
  • Reduce draughts while still keeping adequate ventilation
  • Provide insulating floor coverings or special footwear when workers have to stand for long periods on cold floors
  • Provide appropriate protective clothing for cold environments

You can also change work systems to limit exposure by introducing systems such as flexible working patterns or job rotation and provide sufficient work breaks to allow workers to get hot drinks or warm up in heated areas.

Workplace temperatures should be monitored, and particular regard should be paid to those employees with medical conditions such as Raynaud’s phenomenon which may be triggered by the cold.  The contents of the risk assessment, including the control measures, should be shared with employees to ensure they have sufficient information and instruction.

The HSE has published additional guidance for those working in very high or low temperatures, for example on heat stress, dehydration or cold stress.

Working from home

Employers’ health and safety duties towards staff equally apply to staff working from home, either partly, under a hybrid model, or where they are entirely home-based.  Employers are required by law to assess risks and do whatever is ‘reasonably practicable’ to safeguard their workers’ health and wellbeing to ensure, so far as possible, a safe working environment including a reasonable temperature in the workplace.  Employers aren’t obliged to pay towards heating bills or provide heaters for the employee’s home, but should suggest alternatives for staff who can’t afford to maintain a safe working temperature, such as coming into the office. Those who are in receipt of certain Government benefits may be eligible to apply for the Cold weather payment, government scheme, where the average temperature in their area is recorded as, or forecast to be, zero degrees celsius or below over seven consecutive days.

Outdoor working

For those working outdoors, employers will need to carry out an adequate risk assessment, to identify the necessary control measures. Control measures may include the provision of personal protective equipment, suitable work breaks, mobile warming rooms and training employees to recognise the early symptoms of cold stress, generally cough or body aches.

Reducing the risk of slip and trip accidents

HSE guidance on reducing the risk of slip and trip accidents, including due to icy conditions, includes:

  • Applying grit to areas prone to be slippery.  Rock salt is used by the Highways Agency and is the most commonly used form of “grit,” with salt found to be less effective unless used in its powdered form.
  • Covering walkways, or main walkways, if practicable, or using an insulating material in smaller areas overnight.
  • Diverting pedestrians to less slippery walkways

As always, first conduct a risk assessment to see what you need to put in place.

10 Years in Business – 2023

2023 sees us celebrate our 10th year in business. I would like to thank you all for your business and support.

We are launching our new logo and branding, with our special 10 year logo, which will be used throughout the year.

We will be offering some special offers to our clients during 2023, so please give your eye out for emails.

As always, any questions please give me a call on 07929506143.