Return to Work Interviews: What do they involve?

Managing employee sick leave is one of the biggest challenges for many managers. Return to work interviews are consistently rated as one of the most effective methods of managing absenteeism levels.

So what are they?

A return to work interview is an informal meeting between a line manager and an employee on the first day the employee returns to work. To ensure all employees are aware of what they are, it is recommended that it should be included in all sickness absence policies.

Return to Work Interviews:

• Take place on the employees first day back at work

• Are one-to-one meetings between a manager and an employee

• Should mostly be fast, simple and informal

• Welcome employees back and check they are fit to come back to work

• Allow managers to offer support to their employees

• Update the employee on any news or changes during their absence

• Offer an opportunity to remind staff that absence levels are monitored

• Highlight if an absence is work-related and if further investigations are required by the company

When conducting a return to work interview, managers should remember that the employee should feel you are supporting them by holding the meeting but they don't need to be overly aware of the structure of the meeting. Managers should also avoid being judgmental and are advised not to make any assumptions about the employee's absence.

95% of short-term absence is due to minor illness such as cold, flu and stomach upsets. Stress is the main cause for long-term leave with 53% of employees absent is due to stress. Over the next two weeks we will focus on how employers can manage sick leave in the lead up to our online webinar: “Sickness Absence: All you need to know about SSP and managing Sick Leave effectively” on Thursday 25th May 11 am. To register click here.

BrightPay - Payroll and Auto Enrolment Software
Bright Contracts - Employment Contracts and Handbooks

Can you dismiss an employee on long-term sick leave?

It can be frustrating if an employee on long-term sick leave keeps their employer in the dark about their recovery during that time. One of the more common questions is: What are my options if an employee is on long-term sick leave with an unclear indication if they will return to work?

O’Brien v Bolton St Catherine’s Academy

Ms. O’Brien was a teacher at Bolton St Catherine’s Academy who went on long-term sick leave after she was assaulted by one of her pupils. O’Brien claimed to be suffering from anxiety and depression due to the assault and said that she felt unsafe in the school. Following the first occupational health report, she was uncooperative in rescheduling the second one and after 14 months on leave and numerous attempts to get a position on her condition, the school decided to proceed with their medical incapacity meetings procedure, which led to her dismissal.

At the appeals meeting for O'Brien, a letter was produced from her GP. Although lacking detail about her absence, it claimed that due to a new course of treatment she was on, she was now fit to return to work. Frustrated by O'Brien's lack of cooperation up to this point, the Academy rejected her appeal and upheld the dismissal.

Findings

 Although the Tribunal agreed that the GP letter was full of scepticism and that the Academy had a legitimate reason for dismissing O'Brien, they found that the Academy had failed during the appeal to make further inquiries into the GP letter. They found that there was a lack of evidence that O'Brien's absence during that time was causing damage to the Academy; therefore they agreed that she had been unfairly dismissed.

In 2016 UK businesses lost an estimated £137 million due to sickness absence, so it is reasonable to see why employers are now taking sick leave more seriously. Over the next two weeks we will focus on how employers can manage sick leave in the lead up to our online webinar: "Sickness Absence: All you need to know about SSP and managing Sick Leave effectively" on Thursday 25th May 11 am. To register click here.

BrightPay - Payroll and Auto Enrolment Software
Bright Contracts - Employment Contracts and Handbooks

Managing employees sick leave

This week, 8th - 15th May, is Mental Health Week and with 47% of employees on short-term sick leave due to stress and 34% of employees on short-term sick leave due to mental health issues, such as depression and anxiety, we take a look at what you should include in your company’s sick leave policies and procedures.

•  Sick pay

An employee will only qualify for the statutory sick pay (SSP) of £89.35 per week if they are absent from work for 4 or more consecutive days (including non-working days) and this must be paid by the employer for up to 28 weeks. If an employer wishes to pay an employee more than the SSP for sick leave or if they would like to pay employees for the 4 days before their SSP kicks in they must include this in writing in their sick leave policy.

• Who to contact

Every industry and business will have different requirements as to how much notice an employee is required to give when sick. Details of this should be recorded in the employee’s contract and staff handbook to ensure they are aware of your sick leave policy. The policy should also include: who to contact, how much notice they must give and what method of contact is acceptable (e.g. a message on social media or a phone call from their parents would not be sufficient.)

• Record and monitor sick leave

It is important for employers to record and monitor all employee sick leave as it will enable them to identify trends and recognise points at which absence levels need to be investigated further. All records of employee sick leave will need to be kept, to keep your business compliant and for evidence of correct SSP reporting.

• Getting a second opinion

If you have an employee on sick leave, with their consent, you may ask for a medical report from their doctor to obtain information in regards to the employee’s fitness to work and their expected return to work date. You may also seek a medical report from your own occupational health advisor to get a second opinion, although under the Data Protection Act 1998, you will also need to obtain the employee’s express consent for doing so. To assist you in obtaining this consent from the employee, be sure to include it in your sick leave policy.

• What is a return to work interview?

A return to work interview is usually a brief and informal meeting between a line manager and an employee on the first day the employee returns to work, to check in with the employee as to how they are feeling and fill them in on business in their absence. Return to work interviews are consistently rated as one of the most effective methods of managing absenteeism levels and it is recommended that they should be included in all sickness absence policies.

With the average employee in the UK missing 6.3 days of work a year due to sickness, sick leave is an important issue that every employer will face at some point. Over the next two weeks we will focus on how employers can manage sick leave in the lead up to our online webinar: “Sickness Absence: All you need to know about SSP and managing Sick Leave effectively” on Thursday 25th May 11 am. To register click here.

BrightPay - Payroll and Auto Enrolment Software
Bright Contracts - Employment Contracts and Handbooks

Misuse of social media in the workplace

In 2016, 82% of adults in the UK accessed the internet daily, with 67% of employees admitting to checking social media sites like Facebook, Twitter and Instagram during work. Statistics like this highlights the importance for employers to have a clear social media policy in place that includes the responsible use of social media in the workplace.

Preece vs. Wetherspoons

Miss Preece was working as a shift manager for JD Wetherspoons plc. when she and a colleague were subjected to “a shocking torrent of verbal abuse and physical threats” by some customers, particularly two who threatened her with a cane. The incident resulted in her asking them to leave. She later received phone calls shouting abusive and threatening comments and telling her to “get her P45 ready”.

Preece was still on duty when she set up a group discussion on Facebook about the incident in which she named the two customers. A complaint was made to the company and a full investigation was made into the incident. Preece claimed that the privacy settings on her Facebook page ensured only close friends could see the post. A disciplinary hearing found that Miss Preece’s failure to comply with company policy had lowered the reputation of the organisation and led to a breakdown in trust. She was dismissed for gross misconduct.

Findings

She appealed on the basis she had been under “severe pressure and provocation” and that the company had not been mentioned in her posts. The appeals officer found that Preece was aware of the company’s policies which said that employees should not write or contribute to online content that lowers the company’s reputation or its customers and that her page wasn’t as private as she thought, as customers could see the post. In the policy the company had also reserved the right to take disciplinary action where this occurred and so the original decision was upheld.

Conclusion

This case highlights the importance for an employer to have a robust social media policy in place and how it can also safeguard an employer’s position over misuse of social networks.

BrightPay - Payroll and Auto Enrolment Software

Bright Contracts - Employment Contracts and Handbooks

Premium rate for zero-hour contracts?

The Governments employment practice adviser, Matthew Taylor, has suggested that companies in Britain could soon be forced to pay a premium rate for short-notice work.

Employers would be incentivised to guarantee work in advance if they were made to pay more for every non-guaranteed hour, says Mr. Taylor, who is leading a review into labour rights. 

In a recent interview with the Financial Times, Taylor said,"The problem with the labour market is not the security of work; it’s the security of income. A higher rate on zero-hours contracts could stop “lazy” employers from offloading risks onto workers and stop them from demanding “one-sided flexibility”.

According to figures from the Office of National Statistics, the number of people employed on zero-hours contracts in Britain has grown by 101,000 over the past year alone – and now represents 2.8% of all people in employment. This is leading to concerns that these types of non-guaranteed work practices are giving the employer the upper hand and has led unions to call for the government to tackle the rise in these contracts.

Mr. Taylor said, after he was appointed by PM Theresa May to lead the review on modern employment practices, which he hopes to “promote a national conversation and explore how we can all contribute to work that provides opportunity, fairness and dignity”.

“We can encourage employers to be less lazy about the transferring of risk. Even if it means an employer offers 15 hours a week rather than just one at least that is 15 hours that I can know I’m going to be able to pay my mortgage”.

The review will consider the implications of new forms of work on workers’ rights and responsibilities, as well as on employer freedoms and obligations.

BrightPay - Payroll and Auto Enrolment Software

Bright Contracts - Employment Contracts and Handbooks

Be careful of age discrimination in job adverts

Age discrimination in job advertisements has become an increased issue recently and employers need to ensure they are acting lawful under the Equality Act 2010. Such discrimination can be seen in advertisements that exclude people applying for certain roles based on their age. Specifically advertising for younger or older people not only limits your chances of finding the right candidate but also discriminates against people of certain ages and a claim can be made against you to an employment tribunal.

Ambitious Young People

Using phrases like “ambitious young people” or “youthful and energetic” straightaway excludes people from a certain age bracket to apply for these roles. These phrases clearly deter older, suitable persons from applying for such roles. With thousands of job advertisements asking for “recent graduates” it discriminates against someone who may have graduated over 10 years ago, but would also be highly suited for the position.

5+ Years’ Experience

Many young people are finding job advertisements that show clear signs of age discrimination impossible barriers to apply for these roles and getting a foot on the career ladder. If a job advertisement asks the candidate to have 5 years + experience in a particular role it could be seen as discriminating against someone who hasn’t yet had the opportunity to gain that experience as they are too young.

Learning Points

When writing a job advertisement it must be carefully written so that the criteria for the role doesn’t make it impossible for, or discourage a certain age group to apply. There are special circumstances where you may look for a particular age group to apply, and in these instances you must have a justifiable reason, or certain necessary requirements of the role and these must be clearly included in the advertisement.

For further information on how to avoid discrimination in your recruitment process please see here.

BrightPay - Payroll and Auto Enrolment Software

Bright Contracts - Employment Contracts and Handbooks

Gender pay gap reporting begins

A new law is being introduced that will require all relevant employers in the public, private and voluntary sector with 250 or more employees to publish gender pay gap information by reporting the percentage differences in pay between their male and female employees. Employers must release information relating to employee pay, bonus pay and the number of men and woman in each quartile of the organisations pay distribution. Employers will be required to take a data snapshot of their pay data on 5 April 2017 (for private and voluntary sector) and report on specific calculations by 4 April 2018 and 31 March for public sector organisations. Employers are required to publish the report on their website and also on a government sponsored website.

The Statistics

In recent years the gender pay gap has seen an ongoing downward trend in the UK. Here we have a look at the figures from the most recent years:

This has been the lowest gender pay gap since 1997, when the gap for all employees was 27.5%. The composition of the male and female employee workforces are quite different, with more women working part-time than men, 41% and 12% respectively.

The gender pay gap also varies by occupation, for example:

• Skilled trade’s occupations: 25.1%
• Managers, directors and senior officials: 18.9%
• Associate professional and technical occupations: 11.2%
• Caring, leisure and other service occupations: 8.1%
• Sales and customer service occupations: 3.9%

The new legislation will lead to greater transparency and drive employer action to reduce the gender pay gap. As an employer if you are required to publish gender pay gap information you have 12 months to publish the information, meaning that first publication will be required in or before April 2018.

BrightPay - Payroll and Auto Enrolment Software

Bright Contracts - Employment Contracts and Handbooks

7 Key Employment Law Changes, April 2017

April 2017 will see a number of significant changes to employment law come into effect across the UK. Here we take a look at the key changes that are coming into place.

1. Apprenticeship Levy

From 6 April, large employers are required to pay an apprenticeship levy of 0.05%. The levy will only be paid on annual pay bills in excess of £3 million, and so less than 2% of UK employers will pay it. Each employer will receive an allowance of £15,000 to offset against their levy payment. Smaller employers that do not pay the levy will also be able to receive government funding towards the costs of apprenticeship training and assessment by contributing 10% towards the cost of an apprenticeship with the government paying the remaining 90%. For more information regarding these changes you can read our blog: The Apprentice Levy, what it means for SMEs.

2. Increase to Statutory Payments

On 2 April, the weekly amount of statutory maternity pay, statutory shared parental pay, statutory paternity pay and statutory adoption pay will increase from £139.58 to £140.98. On 6 April the weekly amount for statutory sick pay is also set to increase from £88.45 to £89.35. To be eligible for the above payments the individual average earnings must be equal to or higher than the lower earnings limit which is also set to increase from £112 to £113 in April 2017. For more information regarding these changes you can read our blog: April sees an increase to statutory payments.

3. Increase to National Minimum and Living Wage

On 1 April, the following increases will be made to the National Minimum Wage and National Living Wage National Living Wage rate: 25 and over: £7.50 from £7.20 National Minimum Wage rates: 21 - 24 Years: £7.05 from £6.95 18 - 20 Years: £5.60 from £5.55 Under 18: £4.05 from £4.00 Apprentices: £3.50 for those under 19 or those in the first year of their apprenticeship. Apprentices over 19 or who have completed the first year of their apprenticeship are entitled to the minimum wage rate for their age. For more information regarding these changes you can read our blog: Minimum wage rates to increase from 1 April.

4. Salary sacrifice tax changes

On 6 April, Benefits-in-kind offerings as tax savings through many salary sacrifice schemes are to be limited. Any scheme entered into before this date will be protected until April 2018 except for cars, accommodation and school fees when the last date is 6 April 2021. Some schemes that will not be affected include: employer provided pension saving and advice, childcare vouchers, cycle to work scheme and ultra-low emission cars.

5. Changes to foreign worker rules

Employers that sponsor foreign workers with a tier 2 visa will be required to pay an immigration skills charge of £1,000 per employee or £364 for smaller organisations and charities from 6 April. This will be an additional charge to current fees for visa applications.  The tier 2 minimum salary threshold will be increasing to £30,000 per year. New entrants to the job market and some health and education staff will be exempted from the salary threshold until 2019.

6. Gender pay gap reporting begins

A new law is being introduced that will require all relevant employers in the public, private and voluntary sector with 250 or more employees, to publish gender pay gap information by reporting the percentage differences in pay between their male and female employees. Employers will be required to take a data snapshot of their pay data on 5 April 2017 (for private and voluntary sector) and report on specific calculations by 4 April 2018 and 31 March for public sector organisations. The report must be published on their website and on a government website.

7. Reforms to public sector exit payments

Reforms to public sector exit payments are set to come into place in June 2017, to ensure greater consistency between public sector redundancy compensation schemes and value for money for the taxpayer. A cap of £95,000 will be put on for all public sector workers who leave their roles including as a result of redundancy or voluntary exit. Any employee that earns over £80,000 will be required to repay exit payments if they return to any public sector role within a year of receiving an exit payment.

It is important for all businesses to be aware of the changes being made in April 2017 and how these changes may affect their business. It is also important for all changes to be implemented by their relevant dates.

BrightPay - Payroll and Auto Enrolment Software

Bright Contracts - Employment Contracts and Handbooks

Minimum wage rates to increase from 1 April

On the 1st of April there will be an increase in the National Minimum Wage and the National Living Wage across the UK. From this April all national minimum wage rates including the national living wage will be uprated at the same time. Here we have a look at each new increase:

National Living Wage rate:

• 25 and Over: £7.50 from £7.20

National Minimum Wage rates:

• 21 - 24 Years: £7.05 from £6.95
• 18 - 20 Years: £5.60 from £5.55
• Under 18: £4.05 from £4.00

Apprentices:

• £3.50 for those under 19 or those in the first year of their apprenticeship. Apprentices over 19 or who have completed the first year of their apprenticeship are entitled to the minimum wage rate for their age.

Penalties and non-compliance

It is extremely important for employers to keep up-to-date employee records to ensure that you are complying with the new rates of pay as employees have a birthday and move from one rate to another. The consequence of non-compliance, even unintentional but rather an administrative error, may be significant for your company. Penalties can be up to 200% of arrears (halved if employers pay within 14 days) up to a maximum penalty of £20,000 per worker.

Government Name and Shame

Even worse than that, you do not want your company to be named and shamed by the government for not paying the correct minimum and national wage rate. Since the government scheme was introduced in 2013 over 400 employers have been named and shamed for underpaying their staff by over £1,179,000 with total penalties of over £511,000. Read more about it in our blog here.

BrightPay - Payroll and Auto Enrolment Software

Bright Contracts - Employment Contracts and Handbooks

April sees an increase to statutory payments

This year will see the first increase in 2 years to statutory rates for maternity pay, shared parental pay, paternity pay, adoption pay and sick pay, as these rates have been frozen since April 2015.

Statutory Maternity, Shared Parental Pay, Paternity and Adoption

On 2 April 2017 the weekly amount of statutory maternity pay, statutory shared parental pay, statutory paternity pay and statutory adoption pay will increase from £139.58 to £140.98.

• Statutory maternity pay and statutory adoption pay is paid at 90% of the employees weekly wage for the first 6 weeks and at 90% of their weekly wage or £140.98 (depending on which one is lower) for the remaining 33 weeks.
• Employees taking paternity pay can choose to take either 1 or 2 weeks consecutive leave and are paid at 90% of their weekly wage or £140.98 (depending on which one is lower).
• Shared parental leave is paid at 90% of the employees weekly wage or £140.98 (depending on which one is lower).

Sick Pay

On 6 April 2017 the weekly amount for statutory sick pay is set to increase from £88.45 to £89.35 and will be paid by the employer for up to 28 weeks.

To be eligible for the above payments the individual average earnings must be equal to or higher than the lower earnings limit which is also set to increase from £112 to £113 in April 2017.

It is important for all business owners to be aware of the changes that are coming into place and make sure that these changes are implemented by the relevant dates.

BrightPay - Payroll and Auto Enrolment Software

Bright Contracts - Employment Contracts and Handbooks

Posted in Employment Update