Welcome to the Spring 2017 Edition of the QBH Solutions HR Update.  Please see below for some of the bigger issues and changes that are taking place that could impact on your business or work place.

SUNDAY WORKING

There are some proposed changes to The Enterprise Act that are likely to affect Sunday Working.  Now, a shop worker can object to being asked to work on a Sunday, unless they have been employed to work Sundays specifically.  This will remain, but shall be extended to include the right to object to working additional hours on a Sunday.  Employers are required to inform employees of their right to opt out from being asked to work additional hours on a Sunday.

Employees are required to give notice of their choice to opt out as follows;

  • For a large store (over 280 square feet), one months’ notice
  • For a small store, three months’ notice

However, if the employer has not notified their employees of this change and the ability to opt out, then the notice period changes to;

  • For a large store (over 280 square feet), seven days’ notice
  • For a small store, one months’ notice

It’s a good idea to start thinking if this change could affect your business and how.  It might be useful to have “soft” discussions with your staff to see what they are likely to do and how you can then prepare appropriately.  In these discussions you should clearly state that these discussions are for information gathering only and no formal decision will be made without adhering to an appropriate consultation process.

REASONABLE ADJUSTMENT IN DISCIPLINARY

Following on from our recent post about “Reasonable Adjustments” a recent employment case has highlighted the need to properly consider appropriate reasonable adjustments and how they also extend to the disciplinary process.

The employee is autistic and his employers were aware of this.  He worked in a fast food restaurant which was subject to a routine hygiene inspection.  It was found that out of date food had not been destroyed and the restaurant was a mess.  The employee was called to a disciplinary hearing at which the explanations he gave were chaotic and inadequate; he was dismissed, though a colleague received only a warning.

The employee appealed and the decision to dismiss him was overturned.  He did not return to work because he felt he had been bullied and successfully claimed disability discrimination.

The ruling found that the employer had not considered reasonable adjustments for the employee’s autism during the disciplinary proceedings, which was considered to be not fair or reasonable.

FAIR PROCEDURE = FAIR DISMISSAL

As if you needed anymore evidence of the importance of having a fair and effective disciplinary policy…

An employee was on her final written warning over her unreasonable refusal to work at a different location.  During the period of the warning she requested annual leave and was granted dates up to 5th January, but her pre-booked holiday meant she was absent from work without permission until 8th January.  She was dismissed.

She appealed and was unsuccessful as the company’s policy and procedure were found to be clear and well communicated.

LEGISLATION UPDATES AND CHANGES

Apprenticeship Levy

Effective from 6th April 2017 organisations with a pay bill over £3 million will pay HMRC a levy of 0.5% of the annual pay bill, each organisation has an allowance of £15k which is deducted from the final bill.  The payment is made using the same system as PAYE and NI contributions.

When the levy has been paid to the HMRC funding for apprenticeships can be accessed.  Employers will need to have a digital apprenticeship service account.  The fund is topped up by the government by 10%, for so every £1 paid in, there will be £1.10 to spend.  This can’t be spent retrospectively and must be spent within 24 months.

Using this account the employer will be able to;

  • Pay for apprenticeship training and assessment
  • Select an apprenticeship framework
  • Choose the training provider
  • Set pricing with the training provider
  • Choose the assessing organisation
  •  Post apprenticeship vacancies

National Minimum Wage

From the 1st April 2017 The National Minimum Wage was increased as follows;

  • £7.50 per hour – 25 yrs old and over (bringing in line with National Living Wage)
  • £7.05 per hour – 21-24 yrs old
  • £5.60 per hour – 18-20 yrs old
  • £4.05 per hour – 16-17 yrs old
  • £3.50 for apprentices

We hope you found this update useful and if you would like any more information on any of the issues in this HR Update or any areas of HR Support contact us on:

info@qbhsolutions.co.uk

01303 891803 / 07795 564089

www.qbhsolutions.co.uk