ACAS draft Code of Practice on discipline and grievance   ACAS produces draft Code of Practice for discipline and grievance

Can employees accrue holiday while off sick?   ...and if so, can they take it while still off sick?

Picasso Security   Be afraid. Be very afraid.

ACAS draft Code of Practice on discipline and grievance

As we reported in our March 2008 Newsletter, the Government is to repeal the Statutory Dismissal and Grievance Procedures. This is planned for April 2009 and ACAS have now produced a draft of a revised Code of Practice which will apply after this date. This Code is not legally binding on employers, but if you lose an unfair dismissal case, a Tribunal can adjust any award made against you by up to 25% for unreasonable failure to comply with the Code.

So what are the main features of the new guidance?

ACAS recommends that in order to try and ensure you deal with any matters fairly, you should be looking to achieve the following:

1. Issues should be dealt with promptly
2. Employers should act consistently and treat like cases alike
3. Appropriate investigations should be undertaken to establish the facts of the case
4. A disciplinary or grievance hearing should be heard by a manager who was not involved in the original issue, wherever possible
5. A performance issue can be dealt with by the immediate manager
6. The employee should be informed of the basis for the problem and have an opportunity to put their case
7. An employee has the right to be accompanied at any disciplinary or grievance meeting
8. An employee should be allowed to appeal against any formal decision made

The areas above are those which the Tribunal will be looking at to test the 'reasonableness' of an employer's actions.

So, no significant changes, really, just a clarification of the detail we already knew. The draft Code of Practice is currently out to consultation, and we'll let you know if there are any further changes. In the meantime, Picasso HR's advice remains as ever: if you have a discipline or grievance issue to deal with, give us a call and let us help you through it.

Can employees accrue holiday while off sick?

In the case of Stringer v Her Majesty's Revenue and Customs being considered by the courts, the employer had refused to allow one employee to take annual leave while on sick leave. They had also refused to pay outstanding holiday for a group of employees who were dismissed following long-term sickness absence.

The case has been slowly working its way up the justice system and we are now awaiting a final judgement from the European Court of Justice. The Advocate General has now given her opinion and although this is not legally binding, it gives a good indication of how the ECJ is likely to decide.

The Advocate General's opinions are as follows:

1. The right to paid annual leave starts from the first day of employment and statutory annual leave continues to accrue during periods of sickness absence.

2. Annual leave and sick leave are mutually exclusive and cannot be taken together.

3. Employees are entitled to receive a payment in lieu on termination of employment for statutory holiday accrued during a period of sick leave but not taken.

We're still awaiting the final judgment from the ECJ, but what should employers do in the meantime?

As the final judgment seems unlikely to go against the Advocate General's opinion, it's a good idea to start reviewing your policies and procedures in relation to sickness and holiday entitlements. Picasso HR clients have the reassurance that, should the final legal decision follow the Advocate General's opinion, we'll do all the hard work on any necessary amendments for you. Watch this space.......!

Picasso Security

Picasso HR has recently launched a new part of the business trading under the name Picasso Security. It has the capabilities and skills to help not just small businesses, but has the resources of individuals who have been critical players helping leading blue chip organisations.

Did you know that over 94% of businesses that have had a major IT failure cease trading within 2 years. For many, it is a slow, lingering, and painful death. For those perhaps more fortunate closure comes within months.

Look out for a series of seminars from Four Pillars Security in association with Picasso Security on Contingency Planning. The first event is on the 21st October 2008. It will be a one day event exploring the legal responsibilities of Directors and consider a variety of issues from people management, physical arrangements, and access to information and systems

And its not just lack of planning for business continuity that can cause problems. Major security breaches can occur from within your organisation. Many applications and operating systems are "patched" to fix problems automatically on a regular basis.

 But not all. Adobe Flash player has a problem that has not been automatically patched.

Adobe Flash versions prior to version 9.0.124.0 are susceptible to a vulnerability that can allow Flash Player to download Trojans capable of stealing passwords for the popular World of Warcraft game.

Now, World of Warcraft may not be something that you play every day. But a Trojan capable of stealing any passwords is a cause for concern. You can check which version of Flash Player you have via this link: Check Flash Player Version

The information in this newsletter is of a general nature and is not a substitute for professional advice. You are recommended to obtain specific professional advice before you take any action.

For further information, advice or assistance on any of the matters raised in this newsletter please contact Picasso HR on 01473 890037.

Copyright Picasso HR Ltd 2002-2010. Registered in England No 4173777

Email Martin to unsubscribe from this newsletter      Privacy policy.