Centralised Vetting System   The new online centralised vetting system for people working with young children or vulnerable adults comes into operation on 12th October 2009

Sickness and Holidays   New European ruling brings changes in the entitlement to sick leave whilst on holiday

Centralised Vetting System

The Safeguarding Vulnerable Groups Act will introduce a new on line centralised vetting system in October this year, enabling employers to make easier checks on potential employees.  The system will list all people that are banned from working with children or vulnerable adults and will be updated immediately when someone is added to the list.

Employers will also be notified when an individual joins the list during the course of their employment.

However, employers should be aware that if potential employees are not subjected to the relevant checks or where individuals have been recruited to work with vulnerable people despite being included on the list, fines of up to £5000 can be expected against the company.

Sickness and Holidays

The European Court of Justice (EJC)  has ruled that where a worker falls sick during a period of annual leave they should be allowed to reschedule their holiday to take at a later date.

In other words, this now provides workers with a choice when they become unwell during a holiday period.  They may continue to take the designated time as annual leave, and those that do not receive company sick pay may choose to do so, or they may request that the leave be reclassified as sick leave. 

Furthermore, the new ruling permits workers to carry their annual leave forward into the next leave year if they have been unable to take it which the current UK Working Time Regulations expressly prevent.

So what are employers to do?

Naturally, employers are concerned regarding the implications of this ruling, especially where company sick pay schemes are in place. 

Concerns surround the potential for workers to abuse the system in order to increase their annual holiday entitlement and the potential of the ruling to increase costs to the business.

At the present time, and until the European or UK courts say differently, employers are entitled to request evidence of illness from workers who ask for their leave to be reclassified.  Evidence may be such as a GP sick note which details that the worker would have been unfit to work. 

However, employers who manage staff sickness absence efficiently should not fear this ruling as workers who take numerous occasions of sickness absence can be managed through a robust sickness absence management procedures.  Picasso HR can assist your management team to manage staff absence fairly and consistently.  Please contact us for further advice.

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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