The new fit note system will come into effect from 6th April 2010 and will replace the current sick note system.   

The fit note system will not require GP’s to decide if a person is fully capable to return to work, but instead place the onus on the employer to outline the tasks an employee can perform. The new system will mean that doctors can advise that your employee is either unfit for work or may be fit for work.  A doctor will give a 'maybe fit for work' statement if they think that their patient may return to work if they get suitable support from their employer. 

The changes are not about trying to get people back to work before they are ready, but about removing the challenges to them returning.  This will mean that fewer employees will be 'signed off' work when they could possibly do some or all of their job with some support.

This new system is a direct response to the announcement that ill health is costing the economy £100 billion a year. 

For more information visit http://www.dwp.gov.uk/docs/fitnote-employer-guide.pdf

Get up to date on all the forthcoming changes to Employment Law expected this year. We have added some new dates for March and April, with sessions taking place in Hemel Hempstead providing a central location. Sessions will take place over either or breakfast or lunchtime, so it's convenient without disrupting your workday. At only £75 per person this represents great value - reserve your seat today!

Get all the latest news, updates and comment relating to HR, training, disciplinaries, absence management and everything else involved in employee management. Follow us at www.twitter.com/freshhr.

According to the REC (Recruitment and Employment Confederation) and KPMG, the employment market has seen improvement for the sixth month running, with growing numbers of placements and permanent vacancies. 

Permanent staff placements increased in January and temporary and staff contract billings also rose strongly, with the pace of expansion only slightly below the previous month’s two –and-a-half year high.

Employers are also more optimistic about hiring.  Vacancies increased for the fourth consecutive month and at the fastest rate since July 2007. 

The availability of staff to fill both permanent and temporary/ contract vacancies continued to rise in January.  But in the both cases the rate of growth dropped from the elevated levels seen in late 2008 and early 2009. 

Although permanent staff salaries continued to increase in January, the rate of growth eased slightly.  Temporary/contract staff pay marginally rose for the first time since September 2008.

Kevin Green, chief executive of the Recruitment & Employment Confederation, says: “The labour market is out of intensive care but it is still in a fragile state. While employers are hiring more now than at any other time in the past year, the recovery is tentative and must not be put at risk by taxes or regulatory changes."
 
Bernard Brown, partner and head of business services at KPMG, added: "The UK jobs market is continuing its journey back to health. Placements of permanent and temporary jobs have been rising again in January although at a slower pace than a month before, a reminder that the road to recovery will be bumpy. As confidence has returned to the private sector the starting gun for a public-sector recession has only just been fired and its impact on the jobs market will be felt over the next 12 to 18 months."

(Article taken from HR Magazine 3rd February 2010)

According to the CIPD, severe weather does not have to mean major problems for employers thanks to a combination of technology, flexibility and common sense.

Rebecca Clake, organisation and resourcing adviser at the CIPD, said: "Employers need to carefully consider opportunities and options available if the weather conditions do stop employees making it in. Many companies that have put in place the technology and management practices to allow home working, reap the benefits at a time like this.

"The crude millions-of-pounds estimates of the cost to the economy of bad weather often don't take into account the millions of motivated workers who will be remotely working or if access to emails is not possible using the time to focus on planning or to reflecting on work processes and practices.

"Of course, many types of work simply cannot be done from home, and some employers may struggle to operate their business. These employers will be working hard to get those staff who have made it in to operate the business as best they can, even if that means turning their hands to tasks not normally part of their day jobs.

"Employees can reasonably be expected to do their best to get into work on foot, or where travel is less badly affected. Where employees are genuinely unable to get in, and this can be demonstrated to the employer, decisions will have to be taken as to whether to allow line managers to use their discretion in granting special leave, whether to require employees to take annual leave, or whether to shut down operations altogether. There is no right or wrong answer to these questions, but employers must take care to be consistent in the way that they make the necessary decisions - guided by existing policies where relevant."

But Clake added: "Overall, much of this comes down to common sense. Employees should have the sense to try to get in without taking unnecessary risks. But also to speak to their employers if they are unable to get in, and not just treat the snow as automatic permission to take an unannounced holiday. Equally, employers should make clear to employees that they should not risk life and limb to get to work, and be understanding if employees need to leave early to avoid getting stranded unnecessarily on their way home - particularly if conditions worsen during the working day. Where employees are required to drive for work, employers also have a health and safety duty to ensure drivers are allowed extra time to complete journeys and factor in alternative routes - and that they are not pressurised to complete any journeys made dangerously difficult by the weather."

(HR Magazine)

The Office for National Statistics (ONS) has announced that the hourly full-time gender pay gap has narrowed in the past year. The ONI’s 2009 Annual Survey of Hourly Earnings shows the mean hourly full-time gender pay gap has narrowed from 17.1% to 16.4% in the last year while the gender pay gap for part-time work has narrowed from 36.7% to 35.2%.

However not all companies are actively trying to narrow this gender pay gap and fewer than 1 in 5 private companies measure their gender pay gaps, according to research by IPSOS MORI for CIPD/KPMG.  Even in the public sector where equal pay monitoring is a statutory requirement, the study finds that only 43% complete audits.  Dianah Worman, CIPD diversity adviser, said: "The Government faces an uphill struggle in its efforts to change employer attitudes to closing the gender pay gap."

According to KPMG, employees working for companies who report pay gaps tend to experience better pay reviews.

(Information taken from HR Magazine)

Following the acquisition by Computershare in 2008, Busy Bees has officially launched its new brand and website.  The launch of the new on-line Computershare Voucher Services system is intended to make it easier for parents and employers to use childcare vouchers.

Childcare vouchers can be used to pay for all types of registered childcare for children up to the age of 16. Once an employer has a childcare voucher scheme in place, employees have the option of taking part of their salary in childcare vouchers (which are free from tax and NI). This is known as a salary sacrifice and eligible working parents are allowed to exchange up to £243 per month of their gross salary for childcare vouchers.

Computershare voucher services are strongly campaigning against Gordon Brown’s announcement that the tax-relief on childcare vouchers may be scrapped by 2015. Simon Moore, managing director of Computershare Voucher Services said: “The move has been met by outrage from thousands of parents, as for many, the vouchers are a vital savings towards the cost of childcare, which is one of the biggest expenditures they face.” Shadow Families Minister Maria Miller has announced at the Conservative Party Conference last Wednesday that a Conservative Government will not reduce tax efficiencies on childcare vouchers.

The High Court has upheld the default retirement age of 65, despite Mr Justice Blake admitting that there is a very “compelling case” for the retirement age to rise.   Age Concern, Help the Aged and the Commission for Equality and Human Rights have all put arguments forward to prevent people being retired at the age of 65 and Government has announced that it is bringing forward a review of the compulsory retirement age to 2010.

Currently, an employer can refuse to employ anyone over the age of 65 and any employee who has reached their 65^th birthday can be dismissed from their job without redundancy payments, as long as the correct procedure is adhered to.

John Wadham, legal group director for the Equality and Human Rights Commission, said, "The number of older employees is increasing and the law should support those who wish to carry on working and making an economic contribution. Many employers have said they think that having a mandatory retirement age is more trouble than it's worth”.

A Christmas Party is Essential

With budgets being tightened in organisations across the UK, employers have been warned staff could rebel if they do not have a Christmas party this year, new research reveals.

 According to a poll by Outsourced Events, 60% still want some form of Christmas event provided by their employer with 85% claiming this form of reward for hard work is ‘essential' for morale.

More than half (55%) think their employer should spend at least £31 per head and 8% think £100 per head is the right budget for Christmas.

But 23% think no money will be spent on Christmas at all, even though 26% think a Chritsmas part is essential regardless of budget restraints.

More than a third (38%) would like an extra day off at Christmas in lieu of a Christmas do, 29% would appreciate a team lunch and 3.5% would even like to go to their boss's house for a party.

Article taken from HR Magazine, David Woods, 23^rd September 2009

Union members have voted to take a stand against the risks of wearing high heels in the workplace in favour of more "sensible shoes".

Delegates at the TUC congress in Liverpool backed a motion requiring some employers to carry out risk assessments about workers' footwear.

The Society of Chiropodists and Podiatrists says lower limb injuries cost two million working days a year.

But some unions say individuals should be allowed to wear what they want.

TUC delegates heard some workers were forced to wear high heels as part of their dress code.

'Glamming up'

Lorraine Jones, of the Society of Chiropodists and Podiatrists, said women shop workers, cabin crew and other employees had to wear high heels as part of a dress code, but this did not apply to men.

She said such shoes put seven times as much pressure on the ball of the foot as flat-soled options.

This could cause long-term knee injuries, she warned, adding: "We are not trying to ban high heels. They are good for glamming up but they are not good for the workplace.

"Women should have a choice of wearing healthier, more comfortable shoes."

But Loraine Monk, a University and College Union delegate, opposed the move, saying: "This well-meant motion will see the union movement portrayed in the media as the killjoy fashion police.

"Why is it only aimed at women? Hasn't anyone heard of Berlusconi?

"Who decides what is appropriate when it comes to dress codes? My union previously fought a successful campaign against a college that demanded women lecturers had to have their arms covered at all times. Who thought that one up? A man.

"We should list all inappropriate dress in the workplace, not pick on something that is symbolic of a much wider debate about gender roles and is something that many women have a particular view about - both for and against."

The motion stated that all firms which promote high heels should examine the risks that employees wearing them face and, where they are found to be hazardous, they should be replaced with sensible and comfortable shoes.

Fathers will be able to take six months paternity leave - but plans to extend maternity pay from nine to 12 months have been shelved, under new plans.

The move would allow mothers to return to work after six months and fathers to stay at home with the baby, Business Secretary Lord Mandelson will say.

But plans to extend paid maternity leave are to be shelved to save cash.

A government source said the manifesto "goal" was "under review" but no decision has been taken.

In Labour's 2005 manifesto, the party said it would extend paid maternity leave to nine months - which it did in 2007 - with the "goal of achieving a year's paid leave by the end of the Parliament".

The Guardian reported that aim would not now be implemented before the next election.

The additional paid leave would have cost £500m and given up to £1,600 to eligible families.

Currently fathers can claim up to two weeks' paid leave, up to eight weeks after their child is born.

Labour is keen to demonstrate its family-friendly credentials ahead of a general election - but small businesses have reacted angrily to the plan to allow fathers to take up to six month paternity leave.

David Frost, director general of the British Chambers of Commerce, said it would be a good idea "when the economy is working at full tilt" but it would harm businesses struggling with the recession.

"This is not the time to do it. It is a huge burden to plan for both a male and a female employee being away," he told the BBC News Channel.

Article taken from BBC News

The Women and Work Commission, which was established to help close the gender pay gap, has recently reported that the gap has widened from 21.9% in 2007 to 22.6%.

The commission says that women are still being pushed into stereotypical jobs and that a lack of government action to tackle gender stereotypes in schools has contributed to women’s pay failing to catch up with men’s.

"The government is committed to tackling inequalities in the workplace and progress has been made across the public sector and in helping women get the skills and training they need," said Baroness Margaret Prosser, chair of the commission. "But ministers must match commitment with fundamental change that will make a real difference - starting in our schools. We need to make our schools the nurturing ground for ambition so that everyone has the opportunity to use their talents to the full” she added.

Among the 43 recommendations put forward in the review were:

• Work experience placements for girls in occupations where women are traditionally not well represented

• Buddy programme to team girls together on placements in non-traditional sectors to help with their confidence

• Similar buddy system for apprenticeships and diplomas to allow participants to speak to successful women in similar jobs

• A careers adviser trained in challenging gender and socio-economic stereotyping for every school

• In childcare, the government should consider what could be done to boost wages and professionalise the sector, which still attracts mainly women workers

(BBC News)

According to Acas (the Government’s conciliation agency), over the past year the conciliation service has received 55,000 unfair dismissal cases, an increase of almost 12,000 from the previous year. They have also reported a 100% increase in the proportion of redundancy related – related calls to it’s helpline and a significant increase in take-up of it’s courses on handling redundancies.

Increased tension in the workplace and job uncertainty resulting from the current recession is increasing the demand for Acas services. Ed Sweeney, Acas chairman, said the figures underlined the strain that businesses and individuals have had to face over the last year. He added: "The consequences for many employers and workers have been clear, job insecurity, battles over pay and tensions in the workplace.

New guidelines have been introduced to deal with disputes and conflicts in the workplace.  It is hoped that these will encourage employers and employees to resolve problems at an early stage and prevent "costly and stressful" tribunal cases.

In an effort to prevent redundancy levels increasing, The Confederation of British Industry (CBI) is advising employers to improve skill levels within their business and assess the impact of costly employment laws on new job creation.  The recession is pushing unemployment levels to 3 million and the CBI believe that an alternative to redundancy, coupled with a package of labour market investments and reforms will help prevent job losses.

Although firms are trying to protect jobs by introducing flexible working and pay freezes, the CBI predicts that unemployment will continue rising and will peak at 3.03 million in the second quarter of 2010, so short term action could still save jobs and businesses.

The CBI is calling for an ‘Alternative to Redundancy’ (ATR) scheme to provide organisations with the choice of using the existing redundancy path or to place an employee on an ATR (following consultation) for a period of up to six months .  During that time, the employee would not work, but would be paid an ATR allowance equal to twice the rate of Job Seekers Allowance – paid half by the Government and half by the employer.  There would be no extra cost to the Government and during this time, employees could seek alternative employment.   The employer can then take the employee back into work when the ATR period expires or if business improves earlier.  If demand fails to pick up, then full redundancy rights are preserved (and would include the six months extra of ATR service).

The benefits of this scheme are that it helps firms retain skills during a short and sharp fall in demand and gives workers greater security of returning to work.

According to Orc International’s annual Employee Opinion survey 2008, 71% of employees are satisfied with working for their organisation, while 68% feel proud to work for their chosen company. 

The survey comprises responses from more than 1.5 million employees. It shows that overall job satisfaction is up 4% on 2007, with pride up 1%.

Furthermore, 60% of UK employees say they feel secure in their jobs (up from 51% in 2007), while 45% say they are happy with their pay (up from 43% in 2007).

However, the survey does reveal significant large sector based differences.  Satisfaction in those working in central government is down 7.4%, with pride also down 6.7%.  In contrast, satisfaction in retail is up 8.8% compared with the national norm.

(Article by Peter Crush, Human Resources Magazine)

Worries over the current recession has led to the Government putting on hold plans to give new fathers 6 months’ paid paternity leave.

The plans were part of Labour’s last manifesto which aimed to give mothers and fathers equal parental rights.  Plans were also in place to extend the existing maternity leave allowance from 9 months to 12 months, but this has also been put on hold.

A spokesman for Lord Mandleson’s Department for Business and Enterprise admitted that the plans have been put on hold due to the cost-cutting of the recession; “We are continuing to review the appropriateness of all new regulations due to come into force in the current economic climate.  It is only right that in tough economic times we look afresh at the costs and benefits of new regulations.”

According to Orange, more companies in the UK are implementing flexible working initiatives than ever before.  The telecoms company surveyed 500 businesses and found 63% offer flexibility to workers.  Welsh staff are most likely to take up the offer, with 29% working remotely, compared to 25% in the South of England and 22% in Scotland.

Sheffield is the city with the most flexible working, with 32% of employers giving staff the option of flexible working, whilst Brighton and Liverpool came bottom with only 15% of employers offering flexible options.  A total of 36% of employers do not offer flexible working options at all.

72% think flexible working boosts morale, 53% think it improves morale and 58% think it helps with staff retention.   Orange UK vice-president of business Paul Tollet said: "It's great that over half the UK working population is able to take advantage of flexible working. But the fact that over a third of employers have yet to consider it is surprising, particularly when the benefits are well acknowledged."

(Information from an article by David Woods, Human Resources Magazine)

According to an article by Ruth Barnett, Sky News Online, job seekers are turning to social networking sites to help them find work as unemployment continues to rise.

Twitjobs launched on Twitter in March and quickly gained more than 4,500 followers.  Twitjobs allows job hunters to search for vacancies for a few months  

Beth, a London jobseeker, has been using Twitter to search for vacancies for a few months.  “I’ve now had an interview because of applying through TwitJobs and have a second interview coming up.” she said.

Twitjob creator Jason Barrett told Sky News Online that they charge £49 per role, which is then tweeted several times a day.  There are separate feeds for sectors including media, sales, fashion and graduates. 

A growing number of users are searching for employment on the web, sending job related words and topics up the Twitter ‘most-trending’ lists. 

However, recruitment experts warn job hunters who use their social networking profiles to contact or attract employers to take extra care not to share unprofessional details online.

(Article taken from Sky News Online, Wednesday 13^th May 2009)

National Minimum Wage rates are to increase from October this year.  For those workers aged 22 and over, the rate will increase from £5.73 to £5.80.  For those aged 18 to 22, the rate will increase from £4.77 to £4.83 and for 16 and 17 year olds, from £3.53 to £3.57 an hour.  From October 2010, 21 year olds will be eligible to receive the same minimum wage rate as adults.        

Peter Mandelson, Business Secretary said "The Low Pay Commission has carefully examined the latest economic data before making their recommendations on the minimum wage rate, balancing the needs of workers and businesses in the current economic climate. “
 
"The Government agrees with this assessment and has accepted the recommendations for these new rates to take effect in October."

But the British Chamber of Commerce and business leaders had called for the National Minimum Wage rate to be left at current 2009 levels during the economic downturn.  David Frost, director general of the BCC, said: "We pressed for a freeze to the minimum wage because of the severity of the downturn and the daily loss of jobs.”

A vote on reform of MPs’ expenses is to be debated in Commons today. Proposals include:

·         MPs providing receipts for all expense claims,

·         MPs’ employing staff directly by the Commons

·         Removal of MPs’ representing Greater London constituencies entitlement to a second home

·         MPs’ being forced to declare all of their earnings from employment outside of Westminster

David Cameron backs transparency on outside earnings, but believes publishing employers’ details, amounts earned and how many hours worked is “going a bit far.” He has suggested that this would mean declaring a basket of strawberries in return for giving a speech at the Women’s Institute! He will order his frontbenchers to abstain during the vote.

This could result in Gordon Brown facing a second Commons defeat, following a shock defeat over the rights of Gurkhas to settle in the UK yesterday.  Although his proposals are likely to be supported by ministers, backbench Labour MP’s have been given a free vote and this may result in some of the proposals being overturned.

Harriet Harman, leader of the House of Commons announced the new single Equality Bill on 26^th June 2008.  On 27^th April 2009, this Equality Bill was published by the Government and is mostly expected to come into force in Autumn 2010.

The Bill is intended to bring legislation together by replacing various laws and measures with one piece of legislation which covers race, gender, disability, religion and age and makes it consistent and easier for people to understand. One new requirement is for all employers to make public salaries of their male employees compared with their female employees.

 Trevor Phillips, Chair of the Commission, said that the Equality Bill will "remove the roadblocks to finding the talent to drive our economic recovery."

However, this Bill will not work if too many Government departments are involved with its implementation. According to the select committee's report: "The division of responsibility for equality issues within government departments is confusing and risk undermining the effectiveness of any single Equality Act”.

Whilst at the British Chamber of Commerce’s Annual Business Convention in Birmingham, Director General David Frost said: "This Bill will discourage job creation and make employers fearful of the recruitment process. We already know half of small firms struggle to navigate employment law and this will just add to the problem.

"Coupled with the 50 per cent tax rate, this sends a poor message about doing business in the UK."

It seems likely that all 26 other European member states are expected to join Britain in opting out of the Working Time Directive, after talks at the European Parliament collapsed this week.

MEP’s had voted in December to end the opt out within three years, but the UK and other member states had opposed this decision, arguing that employers, particularly in this economic climate, should be able to choose how many hours they work. The meeting in Brussels was intended to resolve this debate, but the breakdown in talks between politicians means an end to the phasing in of the 48 hour working week.

The breakdown in talks was seen as a success by the Government.  Business Secretary Peter Mandelson said "Millions of people are better off because of the opt-out and I am relieved we have been able to resist its removal."

Trade Unions however argue that the UK has longer working hours than any other European country, resulting in more accidents in the workplace and a ‘dangerous long-hours culture.’

The European Commission will now have to come up with new legislative proposals.

A landmark ruling on 7^th April 2009 by the Appeal Court in England and Wales has made it possible for equal pay claimants to proceed with their case without having to write to their employer with full details of their male earning comparators.

The recent cases brought by Unison of Hurst Vs Suffolk Mental Health Trust and Arnold and Others Vs Sandwell Metropolitan Borough Council saw the court rule in favour of the claimants that a woman should not have to name a specific male employee as a comparator when filing an equal pay grievance. Most of the claims refer to women working within the public sector for less pay than their male counterparts.

UNISON director of organising and membership Bronwyn McKenna said: "I am very pleased that common sense has prevailed in this case.

"These employers were simply trying to deliver a knockout blow to the women's genuine equal pay claims by concocting this get-out clause;

"It would seem glaringly obvious to all that it would be nearly impossible for women just starting their battle for equal pay, to name their male comparator.

"This is particularly true given that all the information is held – and often closely guarded – by the employers themselves;

"It is now time for the Suffolk Mental Health Trust and Sandwell Borough Council to face up to their responsibilities as employers and ensure that they treat men and women fairly."

 The number of equal pay claim has risen by five times in the past four years and this ruling is bound to result in a further influx of cases. Around 7,000 pay cases have been awaiting the outcome of this decision.

The Working Time Regulations came into force on 1^st October 1998 and gave employees for the first time the right to paid holiday.  This was originally 4 weeks and was increased to 4.8 weeks with effect from 1^st October 2007 and to 5.6 weeks from 1^st April 2009.  For part-time employees, this entitlement is pro-rata.

The intention is to ensure that all employees receive the equivalent of four weeks’ holiday each year in addition to bank/public holidays.  All workers in England, Wales and Scotland are covered by the Working Time Regulations 1998.  The average cost to employers of the increase is estimated to be approximately 3% of annual wage costs.

Even after the legislation takes effect, the UK still remains at the bottom of the EU league for paid holiday entitlement.  As from April 2009 the total paid annual leave entitlement in the UK is 28 days.  In Belgium the total figure is 30 days, in the Czech Republic it is 33 days and in Germany the total is a possible 39 days (law grants minimum annual leave of 24 days plus an entitlement to a further 10-15 days of public holidays).

Parents with children Under the age of 16 have now been granted the opportunity to ask their employers for more flexible working arrangements.  These arrangements were previously only for parents with children under the age of 6 or under the age of 18 for those parents with disabled children.  This extension means that 10 million parents will now be entitled to ask their employers for these flexible working arrangements.

Harriet Harman, minister for Women and Equality, said that “It’s a legal framework with the right to ask and then the employer’s responsibility is to be reasonable in response to that”.

These new arrangements will make it easier for working parents to juggle their work with their home life.  Extending the age to children under 16 may help improve parent-child relationships by enabling parents to spend more time with their children enjoying various activities or helping with their homework.

Offering this additional benefit may help motivate employees during a time when bonuses and salary increases are scarce.

From 6^th April 2009, the three-step procedure for dealing with discipline and grievance issues has now been repealed and replaced by a new framework based on the provisions of the Employment Act 2008.

The new Codes of Practice issued by ACAS provide guidelines which employers and employees should follow when dealing with disputes within the workplace and will make discipline and grievance issues simpler to deal with. 

The result will be to create more flexibility when dealing with workplace problems before they intensify into costly employment tribunals.  

John Taylor, ACAS Chief Executive said “These changes will give businesses more flexibility when dealing with workplace problems.  Often a quiet word at the early stage of a problem is all that is required to 'nip things in the bud'. This should help improve relationships between managers and employees: cutting down disputes whilst saving time, money and stress for all concerned."

There will be an enhanced Acas Helpline which will be open for longer from 6 April.