The government has a new ‘Fit for Work’ Service which is being rolled out prior to a full implementation planned for May 2015. This is linked to the government stopping compensation paid to employers’ for statutory sick pay (SSP) as of April 2015. 

Contact can be made for FFW through its website and by telephone, as many times as needed. It can give employees, employers and GPs advice about work-related health matters (if an employee's health condition is affecting them at work) or when an employee is off sick from work. The advice can help identify adjustments that could help an employee either remain in work or assist with faster return to work.

Employees can be referred to FFW by their GP, however employers can also make a referral when an employee has been (or is expected to be) off work for 4 weeks and if it is considered that there is a reasonable possibility of the employee returning to work. Employees will be encouraged to tell their employer when they have been referred

by their GP. Though there is no requirement for an employer to contact the employee's GP before it refers an employee to FFW. If FFW service receives duplicate referrals they will be combined.

There are no limits on the number of eligible employees that can be referred to FFW by a single employer however an employee can only be referred for one assessment in any 12-month period.

FFW will be delivered by registered occupational healthcare professionals. An assessment to identify all possible hindrances preventing the employee's return such as physical, mental health, work and personal factors challenges will be carried out over the telephone and will normally be completed within 2 working days of the referral.

The employee will be asked to describe their condition, job role and all factors which are affecting their return to work. The employee and their appointed case manager (the person who carried out the assessment) will then agree a Return to Work Plan to address each impediment and enable a safe and sustained return to work.

The majority of cases are expected to be telephone assessments, though face-to-face assessments can be done if necessary within 5 working days of it being deemed necessary. If the employee consents, their case manager may contact the employer to assist in the creation of the employee's Return to Work Plan.  This may be appropriate where it is necessary to get a better understanding of the workplace context and any limitations than the employee is able to provide; or where the employee's relationship

with the employer is identified as an obstacle to a return.

The RTW Plan, with the employee's consent, will be provided to their GP and employer. A RTW Plan will cover a specified period of time and will state whether an employee is fit for work or whether they may be fit for work, subject to their employer being able to follow certain recommendations.

Where available a RTW Plan will include a timetable for progressing interventions and for returning to work. It may also include advice for the employee and their GP and may suggest further potential sources of assistance. While all parties are "encouraged to act on the recommendations", it remains for the employer to decide to implement any recommendations.  The case manager will contact the employee at arranged points to review progress and if necessary a further assessment can be carried out.

There is hope that the new tax exemption of up to £500 per tax year, per employee will encourage employers to support recommendations made by a RTW Plan, which include counselling or physiotherapy.

Where the employee meets the criteria for Access to Work their employer can apply for support, such as specialist aids and equipment or support workers.

A RTW Plan will provide sufficient information for the employer to decide on fitness for work and can be accepted in place of a “fit note” as evidence of sickness absence for SSP purposes.

Employees will automatically be discharged from FFW on the following basis:

As most business know national minimum wage increases every October. 2014 is no different though through a bidrecommended by the independent Low Pay Commission (LPC) this year will see the biggest rise since 2008 for low paid employees. This decision is expected to boost the amount workers take home by as much as £355 per year. This increase will affect employees aged 21 and over.

Business Secretary Vince Cable officially stated “This will benefit over one million workers on national minimum wage and marks the start of a welcome new phase in minimum wage policy.”

From the 1st of October 2014 NMW rates will be:

At the end of each year we find ourselves reflecting on our achievements, mistakes or missed opportunities of the last 12 month and looking forward to what the year ahead may hold.

We will make resolutions that we don’t keep such as living a healthier life style and going to the gym knowing deep down it won’t happen. But most of us will at some point be faced with an employment related issue such as seeking a new job with better prospects or progressing within our existing Company or a more sinister issue such as a grievance.

Harries HR aren’t going to come to the gym with you but we can help you to make sure that your employee/ employer statutory requirements are met and is something you can successfully cross off your ‘to do’ list.

What’s changing in 2014

On 31 January 2014 TUPE changes, including those relating to service provision, employee liability information and collective agreements, will come into force.

On April 2014 Flexible Working will be extended to all employees not only those with children of an appropriate age have a legal right to request flexible working.

In spring 2014 Mandatory ACAS pre-claim conciliation comes into effect meaning anyone starting a claim in the Employment Tribunal will be required to attempt to resolve through mediation first.

This is coupled with the introduction of fees which came into force in the summer of 2013 which was aimed at reducing the number of Tribunal claims.

In April 2014 ‘False Self-Employment’ Consultation begins as the HMRC believe that tax is being unlawfully avoided by both individuals and businesses by using workers through employment agencies and claiming those workers are self-employed. Initially the focus was on the construction industry but has now spread to other sectors.  If your Company uses ‘self-employed’ agency workers, then you need to be aware of this.

Zero hour consultation closes on 14 March 2014. The government has acknowledged that there is a legitimate place for zero hour contracts, which offer flexibility for both employers and employees. The consultation which was launched on 19 December 2013 is not aimed at banning zero hour contracts but rather, at making sure they are fair to employees. 

If you have an HR or personnel related issue and need expert advice without the high hourly rate of an employment solicitor, then call Harries Human Resources for a free and confidential consultation.

Employers are likely to face two inevitable key issues during the season of good tidings. These are holiday and time off requests made late and fitness to work impaired by alcohol.

As most employers’ holiday year coincide with the calendar year and contracts stipulating all annual leave must be taken in the year it is accrued -with some exemptions- employers often find themselves short staffed during mid to end December.

So, how to avoid the problem? Firstly no employee has any right to a particular day off. As such,  employers are urged to not only award leave on a first come first serve basis, but to also ensure holiday request forms are submitted providing ample notice to ensure business continuity. Many SME’s with no shut down periods agree and arrange department cover through team agreement made in the summer. However should an agreement not be reached… who has priority?

Good practice is to have all employees submit their requests before approving any specific application. Employers may use factors such as half term or who had time of the year before to ensure a fair approach is taken. It is important to also note that a request from an employee with children should not automatically trump one without. This refusal would not amount to indirect discrimination provided the employer has objectively reviewed and can justify the refusal.

Top tips are to ensure your contracts of employment stipulate the minimum of 5.6 weeks entitlement in each holiday year (pro rata for part time staff) and expectations in respect of working on Bank or Public holidays, and booking time off are clearly communicated.

In addition to last minute requests for time off employers may face issues with employees being unfit or incapable to work brought on by alcohol or illegal drugs.

It is good practice for employers to have a well-defined Health & Safety policy outlining their rules in respect of alcohol and drugs. It is often the case that an employee may have attended a party of some sort and consumed several units of alcohol. A standard request to ensure an employer’s duty of care is met and employees do not drive or work while impaired by alcohol, is to stipulate and communicate to the workforce the Company’s Alcohol Policy. The policy may outline that an employee while at work must be below the legal drink-driving level and as such notes it you are unfit to drive safely then you are unfit to work safely.

The golden rule is “Everything in moderation”.

Stay safe and Happy Holidays one and all.

Harries Human Resources offers a comprehensive library of Policies and procedures including Health & Safety specifically as it relates to Alcohol & Drugs.

Call us now for a quote and sample document!

T: 01206 865464

I had the great pleasure of meeting the most incredible business woman this week. Ellie Goff the Owner/Director of Butterfly Lodge Education also known at Wellies On is the embodiment of today’s women in business.  

After a successful teaching career Ellie brought her dream into reality when Butterfly Lodge a 40 acre care farm based in Abberton opened its doors. Their qualified teachers combined with Occupational Therapists provide a therapeutic and educational approach to learning. The farms service users have the opportunity to get involved with worthwhile, meaningful activities which stimulate the mind and keep the body active as well as leading to recognised qualifications.

As Ellie’s service provision evolves she secured Harries HR services to support and enhance the existing emphasis placed on empowering and supporting her employees to achieve their personal best.

What makes Ellie so fascinating is not only her approach to running and growing her business but this enthusiasm coupled with the fact that she is heavily pregnant with her 3rd child and almost went into labour during our meeting.

This meeting took place at the Farm at 9:30am on Tuesday morning shortly after Ellie had been seen by her mid-wife who advised her to go directly to the hospital. With bags packed ready for the hospital we went through all the employee contractual requirements and policies and procedures and then took a tour of the newly built office gifted to the farm. An hour later Ellie then drove herself to the hospital.

Gender parity remains a major issue within both private and public sector firms where female directors are still not only paid less but are also under represented on boards. The belief that women are not able to continue to have a successful and senior career due to bearing children is not only antiquated but simply no longer the case.

With the proposed Maternity regulatory reform and other safeguards being put in place the ideal remains to see a day where businesses improve on planning around pregnancy at work and careers are enhanced on return from maternity leave. There is no longer the need to choose between having a family or a career, women can have both.

Ellie working right up to the day of childbirth is proof it is achievable.

Harries Human Resources are able to provide comprehensive family friendly policies and procedures in line with current legislative changes to support your business with planning for maternity, paternity, adoption and parental leave. To get your free copy of the new “Maternity Policy” contact Harries HR on [email protected] or call 01206 865464.