Originally written by Peter Done on Small Business
We use a self-employed cleaner who comes in three-four hours during office hours on a Friday. This is no longer suitable and we have an alternative company ready to deal with it. What, if anything, do we need to be aware of before terminating the existing cleaner’s services?
Status of employment: There are a number of issues raised by your question. The first is whether the cleaner is actually self-employed (working under a “contract for services”) or in fact your employee (working under an “employment contract”).
There is no detailed definition of who is an employee incorporated into the legislation and even if the employer pays the PAYE and NI they may still be able to establish that there was no employment relationship but this is more common in the construction industry. Some guidelines for the purpose of determining employment status have now been laid down in various cases over the years. The factors which have emerged from those cases are summarised below and are based on whether the individual is in business on their own account, which requires a determination of who controls the work done particularly with respect to the right to delegate,
Tag Archive for Employing & managing staff
Hot Business News Today
How do I manage an employee with Long Covid?
by Anna Jordan • • 0 Comments
Originally written by Anna Jordan on Small Business
One of the many consequences of Covid-19 is its persistent relative, Long Covid.
Though a relatively new condition, it’s affecting a number of people who are suffering the aftermath of having the virus.
Figures from the ONS last year reveal that one in five people diagnosed with Covid-19 were experiencing symptoms that last for five weeks or longer. One in ten had symptoms that lasted 12 weeks or longer.
In September, Public Health England also published guidance around the long-term health effects of Covid-19. It highlighted that around ten per cent of those with mild coronavirus who weren’t admitted to hospital have reported symptoms lasting more than four weeks. A number of hospitalised cases reported continuing symptoms for eight weeks or more after discharge.
With Long Covid patients reporting that they can’t do what they used to – and many of them being of working age – this could pose challenges for employers.
We’re going to take a look at the effects of Long Covid and how you as an employer can better manage employees who have the condition.
What is Long Covid?
Long Covid (also known as post Covid-19 Syndrome) follows on from having Covid-19. It can bring wide-ranging
Hot Business News Today
What the Uber ruling means for your small business
by Jill Bottomley • • 0 Comments
Originally written by Jill Bottomley on Small Business
Last week’s long-awaited Supreme Court ruling in the Uber case has far reaching ramifications for any small business that engages self-employed individuals, in all sectors.
Drivers, engaged by Uber on a self-employed basis, brought a claim that they were not in fact self-employed; instead, they claimed they were “workers” and were therefore entitled to statutory pay, compliant with the National Minimum Wage (NMW) for all “working” time. Included in the claim were rights to statutory benefits, such as paid holidays.
And the court has ruled in the drivers’ favour, potentially costing Uber up to £20,000 per driver.
Uber’s defence was that its arrangement with drivers was typical of the private hire or “gig-economy” industry.
However the implications of the ruling may extend to any which currently engages self-employed consultants or independent contractors.
>See also: What are the benefits of agile working? – a small business guide
The crux of the issue
Many would imagine that a someone found to be a “worker” in this case would be classed as an employee, not as self-employed. However, confusion on these categorisations is where the crux of the whole issue lies.
A worker is not the same as an employee. The status can best
Hot Business News Today
How to deal with sexual harassment in your small business
by Timothy Adler • • 0 Comments
Originally written by Timothy Adler on Small Business
Over one in two working women in Britain have experienced sexual harassment at work, according to a TUC and Everyday Sexism Project survey.
That rises to a shocking nearly two thirds of women (63 per cent) of women in the workplace if you’re aged between 16 and 24.
One effect of the recent #MeToo movement calling out men for sexual harassment and abusing their positions of power has been an increased number of internet searches for the term “sexual harassment.”
>See also: Sexual harassment: #MeToo and Time’s up encourage workers to speak out
Happily in the UK, the same sexual harassment legislation applies to every size of businesses, big or small, as it all falls under the heading of discrimination.
And discrimination is something the law takes very seriously indeed. A badly handled discrimination case could you leave you, as a small business, tens of thousands of pounds out of pocket. It could also cause you serious reputational damage.
Laura Ranaghan, HR consultant at Citrus HR, says: “The content of the policy that deals with sexual harassment at large companies such as M&S will be the same sort of process that you will need to follow in your own
Hot Business News Today
Staff Appraisal Template Examples
by Aaron Hurst • • 0 Comments
Originally written by Aaron Hurst on Small Business
Most appraisals take place once a year, but depending on the type of business you have, you may find it more effective to have several appraisals several times a year.
Research from IRS Employment Review has shown that seven out of ten UK employers appraised staff at least once a year, and only one manager out of 100 surveyed claimed appraisals were a waste of time and money. As a small business owner, time can be very precious, and an appraisal can be one of the few times you get to assess your staff, praise achievements and discuss ongoing goals.
But you and your employees should not feel that this is the only time issues can be discussed. It’s a good idea to have an ‘open door’ policy where employees can feel comfortable approaching you about any concerns they may have in an informal atmosphere. Be aware also of who will be conducting the performance review – some employees may feel uncomfortable raising issues with their line manager, so it’s a good idea to have someone else on hand who may be better placed to carry out the evaluation.
Preparation is key
If you have to carry
Hot Business News Today
How to deal with sexual harassment in your small business
by Timothy Adler • • 0 Comments
Originally written by Timothy Adler on Small Business
Over one in two working women in Britain have experienced sexual harassment at work, according to a TUC and Everyday Sexism Project survey.
That rises to a shocking nearly two thirds of women (63 per cent) of women in the workplace if you’re aged between 16 and 24.
One effect of the recent #MeToo movement calling out men for sexual harassment and abusing their positions of power has been an increased number of internet searches for the term “sexual harassment.”
>See also: Sexual harassment: #MeToo and Time’s up encourage workers to speak out
Happily in the UK, the same sexual harassment legislation applies to every size of businesses, big or small, as it all falls under the heading of discrimination.
And discrimination is something the law takes very seriously indeed. A badly handled discrimination case could you leave you, as a small business, tens of thousands of pounds out of pocket. It could also cause you serious reputational damage.
Laura Ranaghan, HR consultant at Citrus HR, says: “The content of the policy that deals with sexual harassment at large companies such as M&S will be the same sort of process that you will need to follow in your own
Hot Business News Today
This change to the furlough scheme could lead to more costly redundancies
by Jill Bottomley • • 0 Comments
Originally written by Jill Bottomley on Small Business
It has been widely reported that many businesses expect to make redundancies at the end of April, when the furlough scheme comes to a close.
However, many smaller businesses may be unaware that the Coronavirus Job Retention Scheme rules were changed in December. The furlough grant can no longer contribute towards notice pay.
This is going to prove a major challenge for some small businesses which are already hanging on by their fingernails to their prospects of surviving this crisis.
Particularly where the employees facing redundancy have long service – this is likely, as they are the most experienced and will have been the most expensive to make redundant last year and remain on furlough – the coming costs could well push businesses under.
Unprepared small businesses looking at the prospects of redundancies over coming weeks and months may be in one of two highly problematic scenarios.
Scenario one – you’re unaware of your staff’s right to notice and redundancy pay
The employer has staff on furlough where redundancies will likely need to be made but he or she is unaware of their rights to notice and redundancy pay and how these are calculated.
A myth tends to circulate that
Hot Business News Today
This change to the furlough scheme could lead to more costly redundancies
by Jill Bottomley • • 0 Comments
Originally written by Jill Bottomley on Small Business
It has been widely reported that many businesses expect to make redundancies at the end of April, when the furlough scheme comes to a close.
However, many smaller businesses may be unaware that the Coronavirus Job Retention Scheme rules were changed in December. The furlough grant can no longer contribute towards notice pay.
This is going to prove a major challenge for some small businesses which are already hanging on by their fingernails to their prospects of surviving this crisis.
Particularly where the employees facing redundancy have long service – this is likely, as they are the most experienced and will have been the most expensive to make redundant last year and remain on furlough – the coming costs could well push businesses under.
Unprepared small businesses looking at the prospects of redundancies over coming weeks and months may be in one of two highly problematic scenarios.
Scenario one – you’re unaware of your staff’s right to notice and redundancy pay
The employer has staff on furlough where redundancies will likely need to be made but he or she is unaware of their rights to notice and redundancy pay and how these are calculated.
A myth tends to circulate that
Hot Business News Today
Can I make my employees get the Covid-19 vaccine?
by Anna Jordan • • 0 Comments
Originally written by Anna Jordan on Small Business
As the Covid-19 vaccine gets rolled out to more vulnerable groups across the country, employers may be starting to think about reintroducing their staff to the workplace after almost a year of furlough, homeworking or getting by under tough conditions.
One of the questions that’s sprung up is whether they can make it mandatory to get the Covid jab.
The short answer is that no, you can’t force staff to get immunised in most cases.
Strongly recommending that your staff have the vaccine is reasonable enough but be aware that some of your employees may not want to get it for health reasons, religious reasons or because they’re pregnant. Others have trust issues with large pharmaceutical companies or are hesitant due to the rapid development of the vaccine.
Terminating their employment would be viewed as discriminatory and they could take you to court for unfair dismissal.
Sarah Calderwood, a human resources and employment lawyer at Slater Heelis, said: “Under current health and safety legislation, employers have a duty to protect the health of employees, anyone on their premises and anyone else affected by the business.
“Existing vaccination guidelines state that if a risk assessment finds a risk of exposure
Hot Business News Today
Can I make my employees get the Covid-19 vaccine?
by Anna Jordan • • 0 Comments
Originally written by Anna Jordan on Small Business
As the Covid-19 vaccine gets rolled out to more vulnerable groups across the country, employers may be starting to think about reintroducing their staff to the workplace after almost a year of furlough, homeworking or getting by under tough conditions.
One of the questions that’s sprung up is whether they can make it mandatory to get the Covid jab.
The short answer is that no, you can’t force staff to get immunised in most cases.
Strongly recommending that your staff have the vaccine is reasonable enough but be aware that some of your employees may not want to get it for health reasons, religious reasons or because they’re pregnant. Others have trust issues with large pharmaceutical companies or are hesitant due to the rapid development of the vaccine.
Terminating their employment would be viewed as discriminatory and they could take you to court for unfair dismissal.
Sarah Calderwood, a human resources and employment lawyer at Slater Heelis, said: “Under current health and safety legislation, employers have a duty to protect the health of employees, anyone on their premises and anyone else affected by the business.
“Existing vaccination guidelines state that if a risk assessment finds a risk of exposure