Swine Flu - Frequently Asked Questions   What you need to know if swine flu hits your business. Obtain a Pandemic Flu Policy document from us.

Important new measures for those who work with children or vulnerable adults   If your employees and/or volunteers frequently come into contact with children or vulnerable adults then you need to read this article.

True cost of breakdown in relationships at work is staggering. Lina Hogg qualifies as a mediator.   Don't find out the hard way. Talk to us today about mediation to help build better lasting relationships.

Swine Flu - Frequently Asked Questions

According to the Health Secretary, Andy Burnham, there could be over 100,000 cases of swine flu per day in the UK by the end of August if the current rate of infection continues. While the advice remains that people should not panic and continue as normal, it is clear that this rate of infection could have a significant impact on business. Levels of absence are set to increase, not just for those who become infected with the virus but also for employees who have to care for dependents who contract the disease.

Understandably, as an employer you are are anxious to protect your business and may feel you need to ask more of employees than you normally would in these exceptional circumstances. But what should you be aware of as an employer to ensure you don't fall foul of employment legislation in the process?

Q: What steps should I take to cover my responsibilities under Health and Safety?

A: You should consider doing the following:

• make sure all employees are aware of the symptoms of swine flu through notices, newsletters etc
• ask employees to remain at home at the first sign of having the symptoms 
• instruct employees to remain off work until their symptoms have subsided
• adopt good hygiene measures in relation to shared contact points e.g. telephones, computer keyboards, door handles etc
• consider making temporary changes to work practices e.g. avoid unnecessary face-to-face meetings

Q: What should I do if an employee needs time off to look after a relative with swine flu, or because their childcare arrangements are unavailable due to swine flu?

A: Employees have a legal right to 'reasonable' unpaid time off for the care of dependents. Case law suggests that in deciding what is 'reasonable', the employer should consider the circumstances of the employee, but not take into account any inconvenience to the employer(!) . However, the right to time off only relates to the time reasonably required to deal with the immediate crisis, and not to the whole period of time off to look after the dependent. It would be sensible to discuss the situation with the employee and see if they could take some of the time as annual leave or flexitime, or whether they could work from home. Dismissing an employee for exercising their right to 'reasonable' time off for dependents can result in a tribunal finding of automatic unfair dismissal.

Q: What should I do if an employee refuses to come to work because they are afraid of catching swine flu?

A: Each case needs to be viewed on its merits. Absence without leave is potentially a disciplinary offence, but may need to be treated more sensitively in the current circumstances. Try and reassure the employee by pointing out the measures you have taken to prevent the spread of the infection, and remind them of the steps they can take themselves to do so.

Q: Can I make my other staff work additional hours or do different work to cover for employees off with swine flu?

A: This will depend on what it says in the employment contract. You may have a clause in the contract stating that employees may be required to work additional hours or undertake different tasks for business reasons. However, you must only exercise such clauses 'reasonably' and not force changes in working patterns on employees without discussing it with them first to seek their agreement. Unreasonably insisting on work changes can result in a claim for breach of contract. Discuss the situation with the employees first and try to find a jointly acceptable way of dealing with the additioinal workload. Also, don't forget the limits on maximum hours and rest breaks required under the Working Time Directive.

Picasso HR has produced a Pandemic Flu Policy - to obtain a copy, contact us on 01473 890037.

Important new measures for those who work with children or vulnerable adults

This change to the law has come about as a result of the inquiry into the tragic deaths of Jessica Chapman and Holly Wells who were murdered by caretaker Ian Huntley in 2002. The change aims to ensure that vetting is carried out by a single system called the Vetting and Barring Scheme (VBS).

From 12 October 2009 the VBS comes into existence. To help implement the scheme a new public body has been set up called the Independent Safeguarding Authority (ISA). From July 2010 all new employees, those moving jobs and volunteers who work with children or vulnerable adults can register with ISA. From November 2010 all new employees and volunteers in this category must be ISA registered. It will be the individual's responsibility to register and they cannot be employed or work as a volunteer until they have done so.

It will cost those who work with children or vulnerable adults or their organisations, £64 per person to register with ISA. This does not replace the Criminal Records Bureau (CRB), which you will still have to do and pay for. It will be ISA that will have the decision making powers to bar people from working or volunteering with children or vulnerable adults. If the employer and their new employee or volunteer fail to comply with this new law, then they could have legal action taken against them.

To find out more go to www.isa-gov.org.uk

True cost of breakdown in relationships at work is staggering. Lina Hogg qualifies as a mediator.

Mediation in the workplace is nothing new and it is increasingly becoming the way forward to building better relationships and resolving conflict. Simply put, mediation is about giving the parties every opportunity to come to a deal. The role of the mediator is to maintain confidentiality, unless given consent to reveal information to the other party, not to advise,and to act as a skilled facilitator and at times be 'devil's advocate'.  A skilled mediator will build trust, listen with empathy (not sympathy), communicate effectively and use information wisely. Mediation has a success rate of about 85%, so it is really worth considering. The cost of conflict is not just high in monetary terms but also causes loss of productivity, has negative impact on moral, individuals and teams and negative messages/impression given to your customers.

Mediation cannot be imposed (unless it is a legal requirement in a contract) and works best when both parties consent and come with the view to negotiating a deal, which might be monetary or to do with improving the relationship.

Lina Hogg our MD has just qualified as a mediator through the Institute of Arbitrators. Mediation is a service we are now providing so to find out more call us on 01473 890037.

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.

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