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Welcome to my occasional burst of enthusiasm on the tiresome topic of employment law, best practices and how to avoid all the issues that befuddle when you're trying to employ people. As usual, these are my views, and appropriate advice should be sought to fit your specific circumstances. I am not liable if you don't do this.
October 2004
Changes from 1 October 2004
1. Tribunal procedures - changes from 1 October mean that the forms change (no surprises there!) but more importantly, you the employer have 28 days to respond from the date the complaint was SENT (not received).
The tribunals now will screen claims and responses forms. Either may fail if the information is not complete. Get it done on time and fully completed.
2. Piece workers - you cannot use the old fair estimate method, whereby the employer surveys the work and estimates what a normal employee would do in a given time, and pays them accordingly (giving due consideration to the National Minimum Wage - NMW - of course)
Now you have to decide a fair piece rate - making allowances for different conditions that a worker may experience (at home, in the work place etc). Slower than average worker may be paid under the NMW under this arrangement, so the regulations allow for this by an adjustment upwards. Make sure you give all the staff affected the correct notice in writing, otherwise the worker must be paid for the hours actually worked - which might cost you!
3. More tea, vicar? Now you might remember the principle of vicarious liability - whereby an employer can be held responsible for the acts of an employee. This has been extended in a recent case. It was a bit extreme, but a violent act continued outside the work place but the employer was still liable.
Make sure you have a policy in place that bans discrimination, harassment and violence - give examples. AND make sure you don't turn a blind eye.
4. Job shares - you have to allow flexible working for employees with children under 6 or disabled children, subject to whatever business constraints. Job share is potentially more disruptive, but it's still covered under the flexible working regulations.
To deal with this, you need business grounds for refusal - maybe specialist knowledge is needed, it is difficult to recruit someone else who wants to job share for the other hours, who has the skills needed, there may be extra costs, etc. You cannot refuse without adequate grounds. Put it in writing (as always) but not too much detail - you don't want to make a noose of words!
5. Statutory grievance procedures - changes on 1 October. Standard 3 stage procedure - Written warning, meeting, appeal. No big delays between each step. Make sure they are fair etc. If in doubt ask first. That's what we are here for.
Modified 2 stage procedure for employees who have left AND you didn't know there was a grievance - written grievance, written response.
Employees can't now issue court proceeding without raising their grievance in writing - good news, and they have to do it in time - 28 days. But compensation can be increased or decreased by the tribunal depending on whose fault it is if there is an error in procedure. So get it right.
6. Health & safety - again! £240,000 awarded because of latex intolerance (calm down, she was a nurse!). Bute the gloves (latex) were given to her to guard against other hazards...so you must carry out thorough risk assessments even in the most unlikely areas, and make sure your insurance covers you. Check the policy today!
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