Tag Archive for Employing & managing staff

Flexible working from day one – what it means for SMEs

By Sue Tumelty on Small Business – Advice and Ideas for UK Small Businesses and SMEs

This week the Government puts out proposals to consultation for laws which could see employees have the legal right to submit flexible working requests (FWRs) from the first day on a new job.

This is a significant reduction from the six months limit currently in legislation and would be matched, under the proposals, by a shortened requisite response time on the part of employers.

As a company which supports more than 6,500 SMEs around the UK, we broadly welcome proposals to speed up the process. Aside from giving employees a better work life balance, there are clear benefits to employers of offering more flexibility, including improved ability to recruit and retain staff across the age spectrum.

‘New laws can have unforeseen consequences … it is usually smaller businesses which feel those the most’

However, there are always knock-on effects of new legislation and it is usually smaller businesses which feel those the most.

The consultation is part of the Government’s Good Work Plan programme, under which The HR Dept has represented the views of UK SMEs since it was set up in 2018.

>See also: Is flexible working more valuable to

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Flexible working from day one – what it means for SMEs

By Sue Tumelty on Small Business – Advice and Ideas for UK Small Businesses and SMEs

This week the Government puts out proposals to consultation for laws which could see employees have the legal right to submit flexible working requests (FWRs) from the first day on a new job.

This is a significant reduction from the six months limit currently in legislation and would be matched, under the proposals, by a shortened requisite response time on the part of employers.

As a company which supports more than 6,500 SMEs around the UK, we broadly welcome proposals to speed up the process. Aside from giving employees a better work life balance, there are clear benefits to employers of offering more flexibility, including improved ability to recruit and retain staff across the age spectrum.

‘New laws can have unforeseen consequences … it is usually smaller businesses which feel those the most’

However, there are always knock-on effects of new legislation and it is usually smaller businesses which feel those the most.

The consultation is part of the Government’s Good Work Plan programme, under which The HR Dept has represented the views of UK SMEs since it was set up in 2018.

>See also: Is flexible working more valuable to

Read more...

Zero hours contract redundancy

By Anna Jordan on Small Business – Advice and Ideas for UK Small Businesses and SMEs

Some people question what redundancy looks like for people on zero hours contract.

Whether or not they get redundancy depends on their employment status. Redundancy pay only applies to zero hour employees. Remember that zero hours employment includes the right not to be unfairly dismissed by way of redundancy as well as redundancy pay. They also have a right to a notice period.

You should give all staff statutory notice of:

One week if you’ve employed them for one month or over, but for less than two yearsTwo weeks if you’ve employed them for two years. For every year after that, you should add one extra week’s notice up to a maximum of 12 weeks

>See also: Zero hours contract rights

You can terminate a zero hour worker’s contract without notice but they can also leave without any warning. And even if you offer them work during a notice period, they don’t necessarily have to take it.

How do I calculate redundancy pay?

Redundancy pay should be similar to a regular employee in that it’ll be based on age and length of service. Under zero hour redundancy, pay must be the

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Zero hours contract rights

By Anna Jordan on Small Business – Advice and Ideas for UK Small Businesses and SMEs

Zero hours workers may work fewer hours than their fully employed counterparts, but they have a lot of the same rights as them.

Even though the rights are set in law, the definition of a zero hours contract isn’t. Zero hours can mean different things to different companies as there’s no concrete legal definition.

As an employer, the main thing you should know is that they’re not to be used for central business processes – only to fill in smaller labour gaps like seasonal work. For more central roles, you should consider alternatives such as fixed contracts first.

Everyone on a zero hour contract has statutory employment rights, without exception. They’ll either have the status of a worker or an employee. Most will be classed as workers.

Those who are classed as workers will be entitled to at least:

The national minimum wagePaid annual leave Rest breaks (rest at work, rest between shifts or working days and weekly rest periods)Protection from discrimination

On top of that, employees have the right to (among others):

Statutory sick pay (SSP)Time off for emergencies involving dependentsRedundancy pay Parental leave

Employees will also have protection from being dismissed

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Zero hours contract template

By Anna Jordan on Small Business – Advice and Ideas for UK Small Businesses and SMEs

Setting out a zero hours contract template can be more complicated than a standard employment contract.

>See also: Zero hours contracts advantages and disadvantages

You must clearly state that it’s a zero hours job and the contract should clearly outline their status and rights. How it operates and what the termination process looks like.

Note that, as of April 6, the right to written terms and conditions extends to workers – this includes zero hours workers. Employers must include terms relating to hours and days of work and how those may be varied.  

>See also: Zero hours contract rights

Below are some areas to focus on and some example phrases that you might want to use when drafting your own zero hours contracts. It’s a wise idea to seek additional advice from an employment lawyer. For more on creating general employment contracts, check out What should you include in an employment contract?

Type of work

This is where you state what kind of contract the person is on – in this case, whether they’re a zero hours worker or a zero hours employee.

Try: The Business is delighted to welcome

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Zero hours contracts holiday entitlement and holiday pay

By Anna Jordan on Small Business – Advice and Ideas for UK Small Businesses and SMEs

People on zero hours contracts are entitled to holiday and holiday pay, just like your regular staff.

In this quick guide, we’ll explain how to do it.

How do I calculate holiday entitlement?

Zero-hour contract employees, like any employee, are entitled to 5.6 weeks of paid holiday per year. This can include bank holidays if you wish. The rules around holiday entitlement are fairly loose, as long as you meet the 5.6 week minimum.

>See also: Zero hours contract rights

A popular method is the 12.07 per cent calculation. This is arrived at using the calculation of5.6 (weeks of paid leave) divided by 46.4 (remaining weeks in the year). So, holiday is accrued at a rate of 12.07 per cent per hour.

If a worker on a casual contract works ten hours in a week, then they would have accrued 1.2 hours holiday. (12.07 per cent of ten). If the employee worked 30 hours, they would accrue 3.6 hours of holiday for that week. (12.07 per cent of 30).

To calculate average hourly pay rate, only the hours worked and how much was paid for them should be counted. Take the

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Zero hours contracts advantages and disadvantages

By Anna Jordan on Small Business – Advice and Ideas for UK Small Businesses and SMEs

Zero hours contracts (ZHCs) continue to be contentious as employers look for ways to plug the labour shortage in certain sectors.

We take a look at what the advantages of zero hours contracts are for employers.    

Advantages of zero hours contracts

Flexibility

As we’ve seen recently, there can be a real ebb and flow in staff numbers, influenced by factors inside and outside your business. It’s especially true of the hospitality and service sectors.        

Having zero hours workers helps employers to deal with sudden staff shortages and busier periods like the lead-up to Christmas. You could even utilise zero hours workers to cover longer-term absences like extended sick leave or maternity leave.

They can also be helpful for a business that’s starting out that only needs sporadic help to fill in some gaps.

An easier way to grow your business

If you want to grow your business but can’t afford to take on extra fixed-term staff just yet, workers on zero hours contracts could be a suitable alternative.

More affordable

Speaking of affordability, ZHCs are cheaper than paying an agency fee and commission for agency workers. What’s more, you only pay people

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What the Equality Act means for employers

By Katie Maguire on Small Business – Advice and Ideas for UK Small Businesses and SMEs
What does the Equality Act mean for employers?
The Equality Act 2010 was and still is one of the most important pieces of legislation for employers and employees. It is concerned with discrimination and harassment in respect of nine protected characteristics, namely: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Before the Equality Act came into force discrimination law was contained in different pieces of legislation.
The Equality Act gives protection against work-related discrimination, making it unlawful for an employer to discriminate against its job applicants, employees and former employees. If it does so, it will be liable for its actions. In addition, employers may also be held liable for the wrongful actions of their employees or agents. This is because under the Equality Act, anything done by an employee in the course of their employment is deemed to be an act done by the employer. This is called vicarious liability. The only defence available to this for an employer is if it can show that it took all reasonable steps to prevent the employee from doing

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Is an employee entitled to bereavement leave?

By Peter Done on Small Business – Advice and Ideas for UK Small Businesses and SMEs
If a person is on a zero hours contract, are they entitled to bereavement leave?
Statutory bereavement leave is available to employees, but only in limited circumstances. If your employee has a child who dies, under the age of 18, or who is stillborn, they can take up to two weeks bereavement leave within 56 weeks of the death. What a week would be for them would be based on their average working week (one, two, three days etc).
Bear in mind, not all zero-hours staff are employees. Some can be workers, who don’t get the same rights as employees. If they are a worker, and not an employee, this statutory right will not apply to them.
>See also: Calculating holiday allowances for part-time staff
In other circumstances, there are some limited rights to time off, especially where your employee has to make arrangements for the funeral, etc. Your contract may set out the rules for this, including if that is paid (there is nothing to say it has to be, unless you normally do so). Do you give paid bereavement leave normally?
Look at the terms of your contract

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Is an employee entitled to bereavement leave?

By Peter Done on Small Business – Advice and Ideas for UK Small Businesses and SMEs
If a person is on a zero hours contract, are they entitled to bereavement leave?
Statutory bereavement leave is available to employees, but only in limited circumstances. If your employee has a child who dies, under the age of 18, or who is stillborn, they can take up to two weeks bereavement leave within 56 weeks of the death. What a week would be for them would be based on their average working week (one, two, three days etc).
Bear in mind, not all zero-hours staff are employees. Some can be workers, who don’t get the same rights as employees. If they are a worker, and not an employee, this statutory right will not apply to them.
>See also: Calculating holiday allowances for part-time staff
In other circumstances, there are some limited rights to time off, especially where your employee has to make arrangements for the funeral, etc. Your contract may set out the rules for this, including if that is paid (there is nothing to say it has to be, unless you normally do so). Do you give paid bereavement leave normally?
Look at the terms of your contract

Read more...