In the HR news ...
Jubilee Bank Holiday June 2012
It's the Queen's Diamond Jubilee next year and this will affect the Bank Holidays again. The late Spring Bank Holiday normally taken on the last weekend in May has been moved to Monday 4th June 2012. An extra Bank Holiday will fall on Tuesday 5th June 2012.
It will depend on your contract of employment as to whether you will have to give this as an extra days holiday. If you are in any doubt – give us a call on 01202 848129.
Are They An Employee? We get lots of calls about people you want to work for you but you don't want them to be an employee. You want them to be self employed. This year yet another case in the tribunal blew through sham situations. The case involved car valeters. The courts took the view that what happens in reality outweighs any sham self employed contract terms.
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Employment Tribunal Changes
We can never take away the risk of an employment tribunal claim from a disgruntled employee. Thankfully, things are changing to hopefully reduce the number of vexatious claims made. This year a tribunal awarded £100,000 costs to an employer who considered he had been subjected to a „litany of lies‟. The employee‟s case was branded by the tribunal as a „waste of time‟.
Tip: If an employee threatens you with a claim, or your receive one, consider putting them on notice that you reserve the right to seek a tribunal costs order if you win the case.
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Tribunal Fees
The Government has confirmed that fees will be introduced for making claims to employment tribunals with effect from April 2013. There will be consultation over the exact amounts of the fees and the payment arrangements.
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Unfair Dismissal
As from April 2012, the qualifying period of service required for unfair dismissal claims will rise from one year to two years. The increased period will apply in respect of employees dismissed on or after 6 April 2012.
Discrimination claims do not require any minimum period of qualifying service and there is no proposal to change this.
Social Networking
Technology and social networking has grown dramatically over the past few years. It is estimated that 90% of employers don‟t have a policy to deal with it. If we haven’t developed a policy with you as yet- get in touch with us on 01202 848129 or email joy@jcv-consulting.co.uk.
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Family Friendly Legislation – The Future?
Here at JCV Consulting we like to keep our finger on the pulse. This autumn we have attended a seminar about the future of flexible working. There is no doubt that the social demand for more flexibility in the workplace is growing. Men increasing want to take a greater role in the care of their children and those without children are saying – and what about us?
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Sickness Absence and Accrued Holiday
As we have advised previously the European courts ruled that workers on long term sick leave can carry over their statutory holiday and take it when they return to work. They never confirmed if this right expired. The Advocate General has said that it can. Her opinion was that 18 months should be used as a “guideline” and that a period of 6 months would be insufficient. As a result the Government has proposed amending the Working Time Regulations to allow the carry-over of holiday for workers on long-term sick leave.
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Yuk!
Swabs taken from 300 desks revealed that staphylococcus and micrococcus bacteria were present on every one. Mould and urine were also discovered on several computer keyboards. The main source of all these nasties - employees eating and drinking at their desks and not following basic hygiene rules.
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