Is it "Poor Timekeeping" or "Time off for dependents"?   

New & expectant mothers – employers duties under health & safety regulations   

What is the redundancy procedure for employees with under 12 month’s service?   

“No win, no fee” – claims on the increase   We can help you avoid the compensation trap

'Communication skills for relationship building' Workshop   

Don't forget mobile phone restrictions from 1st December   

Is it "Poor Timekeeping" or "Time off for dependents"?

Q: Lucy, a customer service advisor, has been late by about 10 to 15 minutes almost every day in the morning and again after lunch for the past five weeks. Her colleagues have complained that they have to take her calls as well as theirs when she is not around and feel it is unfair. When her manager spoke to her about this, Lucy said it was because she is looking after her sick elderly neighbour after her recent stroke and needs to be cared for before she leaves in the morning and again at lunchtime. She believes she is the only person available to look after her.

Her manager has asked Picasso HR for advice. Is this poor time keeping or time off for a dependant?

A: There is an element of both in this case.

Time off for dependants.

Since December 1999 all employees have had the right to take reasonable time off to deal with unforeseen emergencies involving dependants. The right does not include statutory entitlement to pay, which will be at the employer’s discretion.

Who is classed as a dependant?

It can be a partner, child, parent or relative who lives with the employee. This may then include grandparents or elderly aunt or uncle living with them and is dependant on them. However, does an elderly neighbour qualify? Yes, they may, if the employee is the primary carer or the only person who can help in an emergency.

For what type of incidences can time be taken off?

• Sick child, partner, dependant neighbour or relative
• Breakdown in childcare arrangements or in arrangements for the care of the dependant
• To deal with unexpected incident involving the employee’s child during school hours.
• To deal with the death of a dependent, for example, to make funeral arrangements or to attend a funeral (this is sometimes dealt under a Company's ‘compassionate leave’ policy)

How much time off is allowed?

There is no set limit to the amount of time off that can be taken. However, it should be sufficient to quickly resolve the unforeseen incident. It may be hours or one or two days at the most and it will depend on the circumstances. Just sufficient time to make longer term arrangements if necessary.

What should Lucy and her manager do?

Firstly the lateness should have been addressed when it first happened, nor should it have been left unresolved for so long. Secondly, all employees should be made aware of the Company’s policy and procedure on this to avoid ambiguity and potential disputes.

The manager in this case needs to know what the relationship is between Lucy and her neighbour. If it is one of true dependency then either Lucy needs to;

• manage her time better when caring for her neighbour to ensure she is not late for work
• negotiate new temporary working hours with her employer
• make long term arrangements for her neighbour’s care.

Poor Timekeeping

Unless managed effectively poor timekeeping can cost employers thousands in lost productivity, disruption to customer service and pressure on colleagues left holding the fort.

Companies can take the following steps to reduce lateness:

Above all it is important that the employer sends out a clear and consistent message about the Company’s procedures and attitude to lateness.

The exact steps to be taken will be dictated by the company culture as well. Where employers, for example, offer flexibility in dealing with the workload without additional pay, significant amounts of goodwill could be lost by dealing with lateness in an inappropriate manner. This will permeate far beyond the immediate employee.

New & expectant mothers – employers duties under health & safety regulations

Q: Janice, a night worker on an assembly line with 6 months service is 20 weeks pregnant. Her work involves standing for long periods of time. She has arrived at work with a note from her registered mid-wife which gives an explanation of medical conditions and reasons why Janice should not work at night and stand for longer than 30 minutes at a time without sitting down for at least 20 minutes.

Because of the nature of the work it is not possible to perform the job sitting. What should the employer do now?

A: The management of health and safety at work regulations 1999 is quite clear about the employers responsibilities for assessing risks to all their employees (regardless of number of employees) and to do what is reasonably practical to control those risks.

Furthermore, employers are required to carry out a risk assessment for new and expectant mothers. If a risk cannot be avoided, the employer is required to consider making changes to the hours, conditions of work or even find suitable alternative work, failing that, suspend her for as long as necessary to protect her health & safety and that of her baby, on paid leave.

Janice’s employer should have conducted a risk assessment as soon as they were informed of her pregnancy and made changes to the working conditions or hours if a risk could not be avoided by other means. The employer must consider whether there is suitable daytime work and also one that does not require standing for long periods.

Failure to find a suitable alternative will require her employer to suspend her on paid leave until her medical condition improves or an alternative position becomes available. This is regardless of her length of service -even if she has only been employed for 1 (yes one) day !.

What is the redundancy procedure for employees with under 12 month’s service?

Q: We employ just 15 people. Some big orders we had envisaged have not materialised and we are going to make 5 of our factor employees redundant, 3 of whom have under 12 months service. As these 3 employees would not be able to claim unfair dismissal, do I have to follow a proper redundancy procedure?

A: A proper redundancy procedure means ensuring you have;

• selected the correct pool of people
• a good and fair selection criteria
• consulted over an appropriate period of time
• considered alternative employment.

All before a dismissal notice is served.

This would be a fair and recognised procedure to ensure employees are not unfairly dismissed. In our opinion all staff should be treated in the same fair way regardless of length of service. This way you will;

• reduce the risk of any potential allegations of discrimination
• prevent any claims for breach of contract if your redundancy procedure is contractual
• be able to use the opportunity to promote good employee relations, sending positive messages to those leaving as well as staying.

Companies should be consistent in their practices to ensure fairness.

“No win, no fee” – claims on the increase

With “no win, no fee” offers on the increase, so is the number of claims for work-related injury and tribunal compensation. This is how we can help you.

Injury at Work

Compensation for injuries at work can only be recovered when it can be shown that the employer was negligent – wholly or partly. If you want to make sure you don’t get caught out, ensure you have thorough, consistent and regularly audited health & safety systems and procedures in place. For practical advice and support on health & safety at work please call us on 01473 890037

Tribunal Insurance – from just £90/year

The only surprises business people like are at Christmas and birthdays. Businesses like to know where risk is present and to deal with that risk.

Imagine this. You are the model employer. You have done everything by the book. You have taken advice and you are totally confident about the case against your employee. You sack the employee. 4 weeks later you are the not so pleased recipient of an IT3 form indicating that the ex-employee feels so aggrieved that you are being taken to an employment tribunal. You have already invested time and energy dealing with all the paperwork and communication, now you will have to take your eyes off the business to prepare for the case. However, worse is to come. Much worse. Despite you believing you have a cast iron case, the tribunal sees otherwise and you lose the case and have to pay out thousands – taken from your profit.

It does not have to be like that. Our insurance will pay the legal and compensation costs (subject to terms and conditions) taking away the worry and stress. Call us on 01473 890037

'Communication skills for relationship building' Workshop

These days we need to be more effective communicators to be successful in business - and in life. Skilful and sensitive communication builds TRUST and atmosphere of CO-OPERATION that will benefit all of your relationships, whether in business or otherwise.

People have an underlying desire to be understood.

Stephen Covey Said, "Seek first to understand, then to be understood"

This workshop is fun and interactive and will cover 3 essential elements of effective communication:

• Active listening
• Questioning techniques
• Body language

Don't forget mobile phone restrictions from 1st December

Do you provide employees with Company mobile phones?  From 1 December 2003 it will become illegal to hold and use a mobile phone whilst driving.  Offenders face a £30 fixed penalty or a fine of up to £1,000 if convicted in court.  Drivers may only use a mobile phone whilst driving if the car is fitted with a hands-free kit. 

Employers should consider whether the employee is likely to be distracted from proper control of the vehicle whilst using a mobile phone - does your health & safety risk assessment take that into consideration?  Employers beware, this is going to raise many more issues, especially if the employee is placed under pressure to be available on the phone whilst driving and makes or receives a large volume of calls.

For a policy advice and guidance please call us 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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