Care Home Workers & Mandatory Vaccinations: The New Regulations
On the 13th of July 2021, Greece and France made COVID vaccination mandatory for healthcare workers, following the precedent set by Italy. Now, the UK is the next to make the COVID vaccine mandatory for workers in Care Quality Commission-registered homes.
Until recently the UK authorities have not made the Covid-19 vaccination compulsory for any citizens, however on the 22nd of July 2021, regulations were approved in relation to the Health and Social Care Act 2008 . The Act makes it compulsory for a person working or providing professional services in Care Quality Commission-registered care homes to be fully Covid-19 vaccinated, unless they have a medical exemption. The purpose of this regulation, which will only apply to England and come into force on the 11th of November 2021, is to better protect care home residents from death and serious illness.
This regulation will apply to all workers employed directly by the care home or care home provider (on a full-time or part-time basis), those employed by an agency and deployed by the care home, and volunteers deployed in the care home. Those coming into care homes to do other work, for example healthcare workers, tradespeople, hairdressers and beauticians, and CQC inspectors will also have to follow the new regulations, unless they have a medical exemption. The clinical exemption will be clarified in the Code of Practice that will be issued to accompany the Regulations at the end of July 2021. The regulations do not apply to visitors of care homes.
There will be a 16 week grace period from the 22nd of July for all care home workers to be vaccinated, with the 16th of September being the last date for care workers to get their first vaccine so they are fully vaccinated before regulations come into force. The government estimates that by the time the vaccine becomes compulsory, approximately 87% of the workforce will have received both doses.
Employers that fall under these new regulations are highly advised to start putting measures in place so as the regulations can be implementded by 11 November. The steps should include introducing a Covid-19 Vaccination Policy, which includes the medical exemptions that will be acceptable and evidential requirements. The policy should be introduced after discussion with staff. If employees/workers are still reluctant to have the Covid-19 vaccine then you will need to take steps to look at whether they can be redeployed to other areas of the business or even dismissal. Employers forced to dismiss an employee in this circumstance should do so before 11 November 2021, being mindful of any notice periods.
Bright Contracts has recently been updated to include a vaccine policy which covers these consideration points for our customers to include in their employee handbooks, which can be found under the terms and conditions tab. If you wish to download a trial of the software to have a look at a sample of this content, you can download the software here.
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- Everyone's Talking About Flexible Working
- Let's Get Topical - The Vaccine Policy
Everyone's Talking About Flexible Working
The coronavirus (COVID-19) crisis has completely shifted the way we work and live. Companies have had to quickly adopt new initiatives and technologies to ensure employee safety whilst maintaining productivity. Working from home has now become the normality for many of us and adapting to these new ways of working is essential for business continuity.
The UK has been ahead of the curve with the right to request flexible working having been in place since 2014 and after more than a year of enforced home working, UK employers are anticipating an influx of flexible working requests as restrictions lift and staff begin to return to the office.
What is flexible working?
Flexible working can refer to a variety of arrangements includes but is not limited to; part-time work, ‘compressed hours’ over fewer days, remote working, ‘flexitime’ and job sharing arrangements.
Flexible working arrangements can be formal or informal. Some organisations choose to amend the written employment contract when new working arrangements are put in place, and/or include flexible working policies in the employer’s handbook. However some forms of flexible working, such as working from home, are likely to be offered informally, for example in agreement with an employee’s line manager.
Examples of kinds of flexible working that you can request include:
- reducing your hours to work part-time
- changing your start and finish times
- having flexibility with your start and finish time (also known as ‘flexitime’)
- doing your hours over fewer days (‘compressed hours’)
- working from home or elsewhere (‘remote working’)
- sharing the job with someone else (‘job share’)
The right to request flexible working
The legal position is that all employees with at least 26 weeks’ continuous employment are able to make a statutory request for flexible working, in writing, for any reason. A new request can be made once every 12 months. Where a request is made, the employer must deal with that request in a reasonable manner and notify the employee of the outcome, including any appeal, within a three-month period, unless that timeframe is extended by mutual agreement.
Making a request
When making a request for flexible working there is no form however in order to qualify as a statutory request, it must:
- Be in writing.
- Be dated.
- Explain the change they would like to their working pattern.
- Explain when they would like the change to come into force.
- Explain what effect the change would have on the business.
- Explain how such effects might be dealt with.
- State that it is a statutory request.
- State if the employee has made a request previously and if so when.
Supporting Female Employees: Implementing a Menopause Policy
2021 has been a year of big change for everyone and has given rise to many different topics of conversation, a vitally important topic is that of menopause among the female workforces. Media outlets across the UK have been discussing menopause and from these discussions it has been said that ‘The menopause is where mental health was 10 years ago’. A statement which could not be more true. These discussions have brought to the surface the realisation that menopause is considered a taboo subject, like mental health was and like mental health we are not educated enough in what menopause is, the symptoms of it and how we can help those going through menopause which is why it is so important for employers to educate their workforce and to recognise the importance of supporting women in the workplace who are transitioning through menopause which is why we believe it is vitally important for organisations to implement a menopause policy as we believe it needs to be acknowledged and recognised as an important occupational issue requiring supports to be made available.
To ensure that companies show a positive attitude towards the menopause, we want to encourage employers to create an atmosphere where women feel there are colleagues with whom they can comfortably discuss menopausal symptoms and that they can ask for support and adjustments in order to work safely and without fear of negative repercussions. For this reason, the menopause is an issue for men as well as women. So let’s touch on the basics of menopause by answering the simple question, ‘What is menopause?’ Menopause is a natural stage of life when a woman’s estrogen levels decline and she stops having periods. As menopausal symptoms are typically experienced for several years, it is best described as a ‘transition’ rather than a one-off event. The menopause typically happens between age 45 and 55. The ‘perimenopause’ is the phase leading up to the menopause, when a woman’s hormone balance starts to change. For some women this can start as early as their twenties or as late as their late forties.
There are various symptoms that can be experienced through menopause and can be both physical and/or psychological. They can include: hot flushes, insomnia, headaches, fatigue, memory lapses, anxiety, depression and heart palpitations and each of these symptoms can affect an employee’s comfort and performance at work which is why we developed our menopause policy to ensure you are assisting your female employees in their daily duties. In order to assist those experiencing these symptoms in their daily duties, it is important that your company menopause policy explores making reasonable accommodations to the individuals role or working environment with the aim of reducing the effect that the menopause is having on the individual which is explored in our new menopause policy available on Bright Contracts today! We are committed to ensuring appropriate support and assistance is provided to female employees and that exclusionary or discriminatory practices will not be tolerated. Our menopause policy is fully compliant with the Safety, Health and Welfare at Work etc. Act 1974 as well as the Equality Act 2010.
Check out your Bright Contracts today to view the update, or if you would like to become a Bright Contracts user you can download the software and purchase a licence today.
To access the update, log out of your Bright Contracts company file and log back in, you will then see a yellow bar across the top of the page asking you if you would like to upgrade the content.
Our Employees Are Back! – How Do I Return My Employees Safely?
As businesses work towards reopening in part or full, and mindful of government advice and changing restrictions, employers must plan for any return to the workplace in a way that cares for their people and safeguards their health and wellbeing. As the UK progresses through the government roadmap to easing restrictions and getting the country back to 'normality' as much as possible employers will need to plan for their employees gradual return to the workplace. Employers should note that the timetable and rules set out in any ‘roadmap’ for easing lockdown are still subject to review and it is essential to keep up to date with any further changes during the progressive easing of lockdown.
Where a return to the workplace is necessary or possible under the latest easing of restrictions, at the heart of any plans should be a commitment to support flexible and remote working where possible, and the provision of support for physical and mental health for workers.
The Government's advice to work from home wherever possible (expected to last until June or July 2021), offers two options:
- Supporting working from home until lockdown restrictions or social distancing is relaxed
- Where working from home is not possible, facilitating a return to the workplace in line with COVID-secure workplace guidance.
Where home working is not possible it is advisable to make your workplace COVID-secure. The HSE website provides guidance to employers based on the industry they operate within however the following guidelines are applicable across all industries.
1. Risk Assessment
2. Social Distancing
3. Cleaning, Hygiene & Handwashing
4. Ventilation & Air Conditioning
5. Provide Information
6. Working From Home
7. Protection of Vulnerable Workers
Our follow up blog post will delve into these guidelines to help you make the return of your employees to the workplace as safe as possible.
We at Bright Contracts can help you get back to the office in line with government guidelines and give your employees the confidence to return with the aid of our COVID-19 policies - temporary working from home and our vaccine policy which are available along with a number of other policies in our Bright Contracts software. If you wish to avail of a free trial you can do so here or you can book a demo of the software with one of our Bright Contracts consultants. To purchase Bright Contracts & download the software you can do so here.
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Let's Get Back To The Office
There are businesses who are fortunate to be able to bring their staff back to work, and we have received questions on returning employees to work and the practicalities of bringing staff back. Some staff will have not worked yet in 2021, they are at home perhaps in a very small bubble – so it is probably a fair assumption to say that there will be some anxieties from staff in relation to returning to the workplace therefore it is important for employers to take some time to consider how best to manage the process of returning to work.
We have been asked a number of questions from employers in relation to bringing their staff back to work, for example:
- A staff member is refusing to come back to work. What do I do? So the first thing I would ask here is what are the individual’s reasons for not wanting to return to work.
Do they have health & safety concerns?
People have been safe at home for a long time now and there is an understandable anxiety amongst some people about going back into the workplace. If this is the reason, then you need to show to the employee how you have met the requirements of the Protocol and how you are taking preventative measures in the workplace.
As an employer you have a duty to ensure employee’s safety, health and welfare so it is important that you are taking the right measures and then able to put your employee’s minds at ease. By implementing return to work protocol’s you are promoting communication and collaboration between employers and employees. Employees need to be able to show employees the preventative measures they have taken. Perhaps details of risk assessments completed. If there is a particular employee with specific health concerns, you will need to take into account their specific risk factors which you may consult with the employee on.
Are they afraid to travel on public transport?
Be open to suggestions here as much as possible such as staggering work times in order for them to avoid peak transport times which will mean packed public transport so as previously mentioned be open to suggestions as much as possible.
- Do I need to re-issue contracts of employment for staff when they return from lay-off? ?The simple answer is no, it is not necessary. An employee’s contract of employment is not broken when they are placed on lay-off, their service remains. So assuming that they are returning to work on the same terms and conditions as when they left, then it will not be necessary to reissue a contract.
- When returning employees to hybrid working, do I need to re-issue a new contract? Our advice here would be yes, it would be best to re-issue the contract or at least an amendment to the contract. A person’s place of work is considered a basic term of the contract of employment, so if the place of work of work is changing that needs to be addressed. If you are agreeing, for example 2 days at home and 3 days in the office it is best to put that in writing to avoid any confusions or misinterpretations down the line. It is also worth having a flexibility line included in the place of work just to say that it may change.
- Can I take an employee back on reduced or different hours? Due to social distancing necessities and our new norms, it is likely that this will become common practice. It is permissible, once the employee agrees as effectively it is a change to the terms and conditions of employment so it is certainly advisable to get agreement from the employee in writing.
- Can I return some employees from lay-off and not others? This scenario will become more common over the next few months as we reopen fully. Yes some people you can certainly bring back before others however it is important to be aware that when choosing employees to return you are using reasonable selection methods and avoiding discrimination and that you are making decisions based on what is right for the business.
We at Bright Contracts can help you get back to the office in line with government guidelines and give your employees the confidence to return with the aid of our COVID-19 policies - temporary working from home and our vaccine policy which are available along with a number of other policies in our Bright Contracts software. If you wish to avail of a free trial you can do so here or you can book a demo of the software with one of our Bright Contracts consultants. To purchase Bright Contracts & download the software you can do so here.
Vaccinations & The Workplace
With vaccinations rolling out we expect to see the vast majority of healthy adults receiving the vaccine over late summer and early autumn. Thus, providing some optimism for employers who can start planning to return their employees to the workplace. This raises questions such as; can employer’s ensure employees’ health and safety when they return to the workplace? Can employers mandate that all their employees be vaccinated before returning?
Under The Health and Safety at Work etc Act 1974, it is the employer's responsibility to provide a safe working environment for their employees, therefore it is not unreasonable for an employer to want to have their workforce vaccinated. In the past year safety protocols have been introduced making it essential for employers to ensure these protocols are fully implemented if they intend on having their employees return to the workplace, subject to the restriction levels in force.
While it has been highly recommended by the governing bodies that everyone receives the Covid-19 vaccine, it is not mandatory in the United Kingdom. This leaves employers in a challenging situation; while they are seeking to ensure they have a safe workplace for their employees, they cannot force their employees to get vaccinated and it is very unlikely that the UK Government will introduce any laws stating employees are obliged to take the vaccine. Therefore, what are the main considerations for employers?
1.Assess the Risk
Under The Health and Safety at Work Act, an employer must carry out a risk assessment of the workplace and any potential risks that have been identified must be addressed. As scientists are still not clear on whether the vaccine prevents the spread of Covid-19 it is vitally important that employers insist that all employees follow the safety protocols in place whether they have been vaccinated or not.
Employees also have responsibilities under The Health and Safety at Work Act to work together with their employer to protect themselves and their colleagues from potential risks; this could reasonably include the risk of Covid-19 infection. Employees must adhere to all guidelines and protocols implemented by their employers.
Communication is crucial; while employers cannot force their employees to get vaccinated, they can emphasise the importance of the vaccine to their employees and that it would help to return business to normal. Employers should also provide as much information from appropriate sources to educate and inform their employees. An employer may also highlight legitimate circumstances where vaccination is not recommended.
2. Avoid Potential Discrimination
Under the Equality Act 2010, employees are protected from discrimination on the nine grounds including religion, age and disability. An employee may decide not to get the vaccine for a number of reasons that would fall under these specific grounds, such as a medical condition or their religious beliefs. Therefore, it is important to note that any mandate by an employer that employees need to take the vaccine could constitute discrimination under this Act.
3.Managing Employees who Refuse Vaccination
There is little an employer can do if their employee refuses to get the vaccine however, understanding their concerns is important and finding solutions that meet the business needs without infringing on their rights is crucial in managing their integration into the workplace. Extending remote working may be a solution however this may not be viable for all sectors of your company. Employers need to think carefully about any action they take and consider the potential legal consequences associated with these actions.
4.Data Protection Concerns
As part of assessing the risks, employers will certainly want to know who has or has not been vaccinated before bringing employees back to the workplace. In order to process this personal data, there must be a legal basis to do so, the grounds for which are set out in the General Data Protection Regulations. Employees are not legally obliged to provide personal medical information.
While employees are not obliged to provide personal medical information, employers may seek vaccination information on the foundation that they are meeting their legal obligations under The Health and Safety at Work etc Act 1974. It will be up to the employee if they wish to volunteer this information to their employer. If they choose to volunteer this information, then employers should not disclose this information to other employees. As this type of medical information falls under the sensitive category of Special Category Personal Data, then under GDPR and data protection laws there are additional protections afforded to the processing of this information. If an employee volunteers the fact that they have not nor intend to avail of the vaccine, it should be emphasized that there may be legitimate medical reasons why someone may not receive the vaccine.
In conclusion, given the fact the vast majority of the working population will not be returning to the workplace until later this year, it is hoped that the vast majority will have availed of the vaccine. However, communication and planning are essential in ensuring a smooth transition when the return to the workplace occurs. Employers must ensure health and safety policies and procedures are updated, risk assessments are carried out and adhering to safety protocols, all of which are essential in getting people back into the workplace. Remember to be mindful and respectful of an individual’s right to not avail of the vaccine and plan accordingly by offering alternative working arrangements where appropriate and avoid any situation which may constitute discrimination thus leading to legal issues.
Bright Contracts has recently updated its software to include a COVID-19 vaccine policy applicable to any business/ industry.
You can avail of a free trial of the software or purchase a Bright Contracts licence to adapt these policies to your business today or book a demo of the software.
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- How To Manage Annual Leave Requests After Furlough
How To Manage Annual Leave Requests After Furlough
With the coronavirus pandemic, some employees will be on furlough meaning they are not working. However, it is important for employers to note that employees who are on furlough still accrue annual leave. This is because the contract of employment continues during this period.
Employees are permitted to take annual leave while on furlough, without their furlough period coming to an end. If they choose to do so, the organisation will need to top up their pay to 100% of their normal wages if they are receiving reduced pay while on furlough.
Dealing with Excess Annual Leave
As the UK draws closer to the end of lockdown and employees return to the workplace from furlough, managers may be in a situation where a number of employees will ask to take annual leave at the same time, particularly when they have leave to take before the end of the leave year. Where possible managers should allow the leave however, they need to ensure business continuity therefore they will need to balance the employee’s request about the timing of leave against the needs of the business.
Line managers may wish to require employees to take annual leave during furlough, for example to avoid a build-up of leave that employees will need to take when they are back at work. If an employer requires an employee to take annual leave while on furlough, the employer should consider whether any restrictions the employee is under, such as the need to socially distance or self-isolate, would prevent the employee from fully utilising their annual leave for the purpose of resting, leisure time etc. Managers should be aware of the company’s approach to annual leave for the period of furlough before making any decisions.
Standard employment law provisions state that employers can require employees to take annual leave as long as they give twice as many days’ notice as the period of leave the employee is required to take. For example, if the employer requires the employee to take two week's annual leave at a certain time, the employer must therefore give the employee at least four weeks' advance notice (or what is outlined in the contract of employment).
Bank Holidays & Furlough
Where a bank holiday falls within an employee’s period of furlough and the employee would have usually worked the bank holiday, their furlough will be unaffected by the bank holiday. However, if the employee would usually have had the bank holiday as annual leave, the employer should either pay the employee in full for a bank holiday or allow them to take a day's annual leave at a later date.
If a worker on furlough takes annual leave, an employer must calculate and pay the correct holiday pay in accordance with current legislation. It is not permitted for an employer to buy out an employee's statutory annual leave entitlement, i.e. give the employee a cash substitute (except on termination of employment). This prohibition on buy-out applies to the entire period of statutory annual leave, i.e. 5.6 weeks. Where an employer grants annual leave in excess of the statutory minimum, the employer is free to make its own rules and arrangements regarding buy-out in respect of the portion of annual leave that exceeds the 5.6 weeks.
To prevent workers losing their holiday and to enable key workers to keep working, the normal rules on carrying over annual leave have been modified. The Government has amended reg.13 of the Working Time Regulations 1998 to allow workers to carry over up to four weeks' annual leave into the next two holiday years, where it has not been feasible for them to take it as a result of the effects of coronavirus. These amendments to the Working Time Regulations 1998 apply to all employees.
Book a demo of BrightContracts today to discover more features that can help you streamline your HR processes.
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GDPR deadline gone - What now?
If you haven’t already updated existing policies for GDPR or if you haven’t started to look at the implication of the new regulations within your organization, you still have time. GDPR compliance will be an on-going process and therefore will need to be monitored and updated on a regular basis – it will not be just a one-off exercise, so it’s certainly not too late to make a start on those updates to get you on the road towards compliance.
The first thing you should consider is to create an inventory of all the personal data you currently store and/or process, whether that be data belonging to employees, customers or suppliers. This inventory will go a long way in helping you, as you will be able to garner from it any areas that need updating or creation of new procedures to help with meeting the GDPR requirements.
• Employee Privacy Policy - If you have employee’s, does the existing contract detail what data you process on them, with whom and what they’re rights are in relation to that data? If not then you would need to create an Employee Privacy Policy.
• Clean Desk Policy – Do you operate a Clean desk Policy? Whereby data belonging to customers or suppliers is not left out on desks overnight where cleaners/security staff may have access to them.
• Data Processor Agreement - Do you share any employee information with your accountant or pension provider? If so do you have a valid or up to date contract or letter of engagement covering the new GDPR stipulations between data controllers and data processor’s?
Realistically it will be difficult for any organization to ever be fully compliant with GDPR; however once you are not ignoring your obligations under the new rules and have or are in the process of taking steps towards demonstrating compliance this should be sufficient if you ever face a Data Protection inspection.
If you require further guidance on GDPR please see our dedicated support section on our website where you can find on-demand GDPR webinars, FAQ’s and template documents like a Data Processor Agreement.
Bright Contracts has also recently been upgraded to include a new Employee Privacy Policy feature whereby you can tick off another box to prove compliance under the new GDPR regulations. Download a free trial of Bright Contracts here. Book a free online demo of the software.
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Why am I getting all these emails about privacy??
Lately you may have noticed your inbox bulging each morning with lots of emails with similar subject lines to these;
“Your privacy = our priority” “GDPR Data Protection – Your Data is Safe with us”
“Big Changes are coming” “Opt-In to continue receiving our great updates”
“GDPR update – please don’t leave us!” “We’re keeping your details safe”
New, tougher European regulations around privacy and the use of personal data have now come into force and could see companies hit with huge fines if found to be in breach of the new laws.
In order for personal data to be processed lawfully, the processor must be able to rely on the reasoning being at least one of 6 categories, the main one being Consent. So if you were previously signed up with a company to receive newsletters or emails about special offers, they can no longer continue to send you these without your explicit consent.
Previous Data Protection Legislation allowed for an option to ‘Opt-Out’ as being sufficient means to mark having your consent, however with the new GDPR this is no longer the case. Consent must be ‘freely given’ unambiguous’ and for a ‘specific purpose’. Consent must be easily read and clearly distinguishable from other text and evidence must be collected as to how consent was obtained.
Consent can no longer be assumed and the likes of pre-ticked boxes that would have needed to be unticked if you didn’t want to register are now banned. Also the facility to Unsubscribe must be clear and an easy procedure to follow.
So all the emails you have been receiving, like those listed above, are those companies that you may previously have signed up with, scrambling to cover themselves for GDPR and not wanting to lose you as a possible customer or sale.
For more information on GDPR and how it may affect your organization, please see our dedicated online support documentation here.
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Review to be made on Statutory Sick Pay (SSP)
It has been announced by the Government, new plans to help people with long term conditions avail of the benefits of work and improve their health. Statutory Sick Pay will be reviewed as part of these new plans. The aim is that phased returns to work and supportive conversations will be encouraged.
The plans proposed are as follows:
- a review of Statutory Sick Pay and fit for work notes from GPs to help employees return to work quicker and for longer
- to encourage employers to engage with their employees that have long term health conditions to prevent the employees not returning to work
- a debate about recognising the value of work as a positive health outcome
- to encourage Jobcentre Plus work coaches to signpost claimants to therapy
- the launch of a consultation on Work Capability reform, the scheme that assesses claimants of disability benefits.
The current government believes the system is not working that they inherited in 2010. They believe improvements have been made in the areas of supporting and encouraging employees that can work and for those that cannot, guaranteeing a safety net. Further work in the areas of extending fit notes from doctors to other healthcare professionals to help ensure employees receive more support and help making sure the system works for everyone and no one is disadvantaged.
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