How to deal with and manage absence has always been a topic that has generated a lot of requests for advice and support. With the Covid pandemic has come a whole raft of new absence scenarios that has given rise to a new wave of absence management enquiries.

These enquires ultimately relate to how absent employees should be paid. Unsurprising as economic uncertainty rages on and when we consider that cashflow for many businesses will be squeezed tighter as they are required to contribute more to the furlough scheme as it winds down.

Every situation will be different and likely to have its own nuances, but we have tried to summarise a range of different scenarios and the employee’s right to pay for each in the table below:

Please use the above as a guide but in all cases we recommend that you seek specific advice before taking any action or withholding pay. We are available as usual on 01452 331331 or via e-mail at advice@hrchampions.co.uk

Moving to the Flexible Furlough Scheme has proved largely un-eventful in itself, however the withdrawal of NI and Pension payments by the Government this month has put added strain on some businesses, enough for a number to concede that redundancies are inevitable in order to survive. Further reductions in the Government’s financial support as the furlough scheme winds down will undoubtedly adversely affect more businesses yet.

Living with the Coronavirus Job Retention Scheme has pretty much become second nature for most of us. Early issues have been ironed out and clarity has now been provided over the main sticking points of holidays, redundancy and notice payments.

We do come across the odd case where the furlough scheme is being used fraudulently, albeit unwittingly so. Nevertheless, HMRC has already made some arrests for Furlough Fraud and having launched a web page dedicated to reporting fraud, now might be a good time to review your furlough claims and your understanding of related procedures.

Here is a brief list of some potential pitfalls:

• Furloughed staff cannot do any work for the business. Keeping in touch via phone, e-mail or a web-meeting platform is probably OK but they cannot contribute to business productivity
• If staff are or have been working from home then you cannot claim furlough payments for them
• Employees can still undertake training whilst furloughed. You’ll need to top pay up to at least their National Minimum Wage rate for these days if there furlough pay is less than this
• Holiday days must be topped up to 100%, including for bank holidays. If you’ve instructed staff that any holiday accrued on furlough must be taken during furlough, then you’ll need to make sure that these days are paid at 100%
• Furlough claims can be made for 80% of employees’ normal pay. If you’ve agreed a pay cut prior to furloughing staff, then you can only claim for 80% of the new agreed pay
• On the subject of agreed pay cuts, you need to make sure that any reduction in wages for staff who are still working, does not take their pay below National Minimum Wage rates
• Redundancy payments must be calculated at the employees’ normal rate of pay despite the temptation to use the lower, furloughed rate as a way of keeping costs down
• Notice payments can be subsidised by furlough payments, but you may need to top up to the appropriate rate of pay
• Furlough claims cannot be used to make statutory redundancy payments

We should shortly be hearing of an amnesty arrangement for any employers that may have, inadvertently or otherwise, made fraudulent furlough claims whereby they will be able to come clean and repay any claims they perhaps shouldn’t have made.

If you’re in any doubt about of the claims that you have made, we can undertake a review for you. Contact us on 01452 331331 or via e-mail at advice@hrchampions.co.uk

Throughout the coronavirus crisis it has been our mission to keep you up to date with the latest news and guidance from Government to enable you to remain fair and legal when dealing with your employees. With the rules and guidelines changing almost daily, particularly in the early days and weeks, it’s been quite a challenge.

There has been a recent update to Government guidance regarding Statutory Sick Pay (SSP) and how we should be dealing with and treating employees in various scenarios where Covid-19 is in play, including precautionary isolation. We had set out to analyse and précis this guidance, but we’ve established that it remains a minefield and far too complicated to summarise in a few hundred words.

There have been a number of key dates from which legislation and guidance has changed which complicates matters even further as the rules that should be applied to any specific event will depend upon the guidance at the time. With so many changes and amendments to Government policy, we’ve concluded that cases regarding SSP are probably best dealt with on an individual basis.

Nevertheless, we have manged to isolate some key points which may help you to determine your position regarding SSP, if and when you have any employees that become ill or have to self-isolate. These are:

• SME employers (less than 250 employees) can claim back up to two weeks of SSP per employee but only for Covid-19 related cases
• Self-isolation owing to symptoms in the employee or a member of the employee’s household or support bubble qualifies for SSP
• The employee must still qualify for SSP in the normal ways:
  • Be classed as an employee
  • Earn at least £120 per week
  • Been ill or isolating/shielding for at least four days in a row (known as qualifying days)
• Once the four qualifying days are reached, SSP will count from day 1 of the illness or isolation; so is effectively backdated for Covid cases
• Where an Employee is isolating because a household member has symptoms, SSP ends if that person tests negative for Covid
• Employees are still required to provide a ‘fit-note’ if they are absent for more than seven days but his can be in the form of an isolation note which is available online from NHS111
• Quarantining because an employee has recently returned to or entered the UK from a country not on the Government’s ‘safe list’ does not qualify for SSP

Of course we live and breath this kind of information at HR Champions so if you require any clarification or have a more complicated case, we’re available for consultation on 01452 331331 or via e-mail at advice@hrchampions.co.uk

Following Spain’s removal last Sunday from the UK’s ‘safe list’, the list of countries you can return to the UK from with the need for self-isolation, this morning Luxembourg also lost its place after an increase in cases was reported. Whilst the move to remove Spain from the list was unexpected, it’s come as no surprise, being peak holiday season, that we’ve had a lot of enquiries this week regarding employer responsibilities and quarantine.

The Government’s position that any country can be removed from the list at any time and without notice, has cast much doubt over whether or not people will be taking their foreign holidays in the coming weeks. After months of lockdown, the prospect of two weeks in quarantine might be a price worth paying for some, but others will worry how their employers will view it and how it might affect their jobs.

Those unfortunate enough to be on holiday in Spain when the quarantine announcement was made, have obviously had little choice in the matter. On their return to the UK they must quarantine themselves. Whilst some airlines have taken away the option to travel to Spain by cancelling flights, a determined individual would probably still find a way to get their time in the sun.

With a few rare exceptions, employers don’t get to dictate what their employees do in their free time; or indeed where they go. So it’s crucial that employers make it clear what their stance is on quarantined employees so that staff can make an informed choice regarding taking their holidays.

First and foremost, we should remember that two weeks quarantine is a legal requirement for people returning from any country not on the exemption list. Therefore it would be illegal for an employer to be seen to encourage an employee to break the rules by asking them to leave their designated quarantine address and come into the workplace. Even if an isolated workspace was made available, the employer could face a fine as well as suffer reputational damage if they were caught.

The default position for those affected is to work from home. For many, this will just be a continuation of life during lockdown, but it’s a different matter for those who can only do their job on work premises, such as in construction, hospitality and retail.

In these circumstances employers will need to negotiate and agree with the employee how the time off will be treated. Holiday is an option, but of course the employee will need to have two weeks of annual leave remaining and be prepared to forgo it. Generous employees might be prepared to continue to pay absent employees but otherwise, unpaid leave might be the only alternative.

You might be inclined to class the time off as unauthorised absence, but this would be harsh on someone who was ‘caught-out’, so to speak. Whether or not you adopt this stance on those who continue with an upcoming holiday that has been booked and paid for is something of a moral dilemma. It might not be seen in a good light to behave in this way against an individual that will lose out financially on a holiday they have been looking forward to for months.

It is possible for an employer to cancel their employee’s booked leave provided they give notice equivalent to the period of leave; so one week’s notice for one week’s holiday. It would be expected that the employer reimburse the employee for any losses incurred in this situation however, which could prove costly.

The above scenarios assume that employees are asymptomatic or have returned a negative test. Statutory Sick Pay would come into play for those who had actually contracted the disease or show symptoms.

Finally, we did hear a rumour that employees forced into quarantine could be furloughed. This might be acceptable for those who were already abroad when the announcement was made but we don’t think it would be right for those who knowingly travel to Countries not on the Government’s exemption list. At the moment, it is still just a rumour anyway.

For help and advice with managing you employees absence, whether quarantined or otherwise, call us on 01452 331331 or e-mail advice@hrchampions.co.uk

It’s no secret that redundancies are on the rise. As the Government’s furlough scheme begins to be wound down, some employers are finding that the prospect of paying just the National Insurance and pension contribution of their furloughed staff will be too big a cost burden to bear. Consequently, the number of jobs being shed is likely to rise further.

The word “unprecedented” has been in almost constant use during the pandemic to describe the unending wave of new situations and circumstances that we have been confronted by. The furlough scheme, a new concept in itself, has raised its fair share of hitherto, unheard of circumstances and scenarios. Combined with the redundancy situation, we have yet another one....

With the economy and therefore employment, being in such a good place prior to Covid-19, redundancies were few and far between. Zero-hours contracts were relatively new also, and so the idea of making a worker on a zero-hours contract redundant wasn’t ever a consideration; particularly as this would have gone against the very point of having a zero-hours contract in the first place, ie. if there is no work then none is offered, and no pay is due.

Now, as employers look to save costs by making jobs redundant, probably for the first time, zero-hours and casual workers will have to be included in the process.

There is a moral dilemma in making zero-hours staff redundant as well as a legal one. Zero hours and causal workers still accrue rights after all.

The furlough scheme includes zero-hours and casual workers, and pays either an average of workers’ earlier pay or the highest single amount earned over a previous period. Therefore, there is potentially a not insignificant redundancy payment to be paid to redundant zero-hours contract workers as calculations are usually based on the previous 12 weeks earnings.

Strictly speaking, an employer could avoid paying the redundancy payment by bringing his zero- hours contract workers off furlough and then simply not offering them any work. But in some circumstances that doesn’t seem fair and we think it’s potentially open to a Tribunal claim as it might be argued that those workers should have been offered redundancy.

We think the safest approach is to put at risk all employees who fall into the redundancy pool, regardless of their contract type. So for example, if you have a team of ten cashiers made up of five full time and five zero hours staff, (so that you could call on the latter when you expected to be busy), then all ten should be put at risk.

Equally, if you have just a few or a single zero-hours position that bears no similarity to any jobs that are being made redundant, then you may be able to justify bringing these employees back on their zero hours terms.

Whilst the above is sound guidance, as with most issues that have arisen from the Covid crisis, it is best to look at each on an individual basis. So if this raises any questions or if you have doubts about your own situation then we’re available on 01452 331331 or by e-mail at advice@hrchampions.co.uk

Now that flexible furlough has come into effect, we are starting to see more businesses bring workers back into work on a part-time or flexible basis. Most employees are pleased to be able to return to work, even if the new environment seems a little strange. However we have been asked to advise in several cases where employees have demonstrated some resistance to returning to the workplace.

Some of these instances are owing to a genuine fear over welfare, and it’s inevitable that individuals will be concerned for their health or for the health of those they live with who are in recognised vulnerable groups. Some cases though seem to be as a result of employees becoming too comfortable not working; something we’ve heard referred to as ‘furlough coma’. These workers are just looking for excuses to remain on furlough or treat furlough as a holiday.

Throughout the Coronavirus Job Retention Scheme, it’s always been the case that if there is work to be done then employees should be at work to fulfil it if they can do so safely. Enabling home-working has largely helped to achieve this. For jobs that can only be done on-site, in a factory perhaps, then furlough has been the default solution. Now though, flexible furlough presents an excellent opportunity to begin to ease employees back into work on a shift or rota basis and employers should be putting together a plan to achieve this.

Being on furlough should be viewed similarly to being on standby. Workers should be readily available to come into work if they are required or asked to. But, under the circumstances, and with some employees not having done any work for months, a structured and consistent approach will ensure employees are treated equally and fairly.

Here are some pointers on what you might consider:

• Give plenty of notice: It’s best practice to give your employees fair notice that you’ll be expecting them back into work. There may be issues such as childcare that need to be resolved. A week is fair but 48 hours is probably minimum
  
  
• Hold a return to work interview: we recommend this for every return from absence and furlough should be no different. Use the meeting to check the employee’s health, mental health and any concerns they have about returning
  
  
• Offer re-familiarisation days: Give employees the chance to come in and have a look around so they can acquaint themselves again with the workplace and understand any changes you have made to keep people safe such as one-way systems or work units
  
  
• Plan and communicate any rotas or shifts: If you’re bringing people back on a rota or shift basis make sure you’ve worked out who is working with who and clearly communicate when people will be required for work. Remember that if you’re leaving a time window between shifts that staff shouldn’t turn up for work early

Remember too that staff may also have concerns involving their journey to work. You’ll have less control over this but don’t ignore it.

If you require any help or support with getting you employees back to work, either by preparing a plan or through more formal approach towards those showing resistance, call us on 01452 331331 or by e-mail at advice@hrchampions.co.uk

The big story the week was of course the Summer statement from the Chancellor of the Exchequer who set out his spending plan to revitalise the economy as we emerge from the Covid-19 pandemic. With a fiscal stimulus costing billions of pounds, the focus remained very much around job retention and a plan to move on from the furlough scheme.

Amidst a raft of measures which included temporary cuts in Stamp Duty and VAT to support the housing and hospitality sectors, was a sizeable commitment to investment in training. As a training provider we are obviously incredibly pleased to see that the Government has placed so much value on training. However, we must ensure that any such investment isn’t squandered, but properly spent to aid the resurgence of the economy.

What is crucial for organisations as we transcend towards a post-Covid economy, is that they have the right skills in place held by employees who have the qualities that will be needed to survive and thrive in the future. Identifying what those skills needs will be over the next 18 months is key.

A report from Microsoft at the end of April this year suggested that, owing to the effects of Covid-19, we have seen 2 years of digital transformation in just 2 months. Whilst that statistic might be difficult to truly quantify, there is no doubt that we have seen a steep rise in the adoption of some digital technologies. Just look at how we hold meetings now or do our shopping.

Training in digital skills then should be, and is, a high priority. From our own experiences we know that Local Enterprise Partnerships are keen to find solutions for training in digital skills. However what we don’t hear is what those skills explicitly are. Even in a recent report from City & Guilds, reference is only made to ‘basic’ and ‘advanced’ digital skills without any specifics.

Notably, the same report form City & Guilds, ranks Leadership & Management training as second amongst total skills needs across the UK, and when we look at employability in individuals it’s easy to see why.

If we consider again that sudden changes forced upon us by the coronavirus crisis, there are a set of qualities that, in our experience, make an employee more desirable to either recruit, or when redundancies are necessary, to retain. These are:

• Adaptability – The change to working from home has been one of the greatest tests of adaptability
• Resilience – Maintaining output and productivity despite the challenges
• Self-Leadership – Working on one’s own initiative without the need for constant direction or instruction
• Digital Aptitude – A clear and intuitive grasp of digital technologies

Whilst more inherent than learned, Leadership training will help individuals recognise these qualities in themselves and help managers identify them in other people.

Our programme of Leadership and Management training continues from early August. Full funding is still available for businesses in Bristol and Wiltshire. See the full schedule on our website.

For discussion and advice across all aspects of HR and Employment Law at this time, please call us on 01452 331331 or by e-mail at advice@hrchampions.co.uk

The Government advice for workers during the Covid crisis remains that we should continue to work from home wherever possible. We know from our own clients that this is largely being adhered to and YouGov statistics recorded in May show that 38% of the UK workforce were working from home; steeply up from the pre-Covid level of just 7%.

This level of homeworking has prompted much discussion regarding people’s mental health; and rightly so. YouGov recorded increased feelings of isolation amongst all groups in its study, especially males living alone and those in the 18-30 age bracket. Furthermore, 20% of respondents admitted that their mental health had worsened since working from home during the crisis.

Whilst we should all take note of what this means in regard to our duty of care as employers, there is a whole raft of other issues that working from home raises which businesses mustn’t overlook and should probably be taking some sort of action over; especially as homeworking may continue indefinitely for many.

The pandemic has forced homeworking upon us and businesses have done exceptionally well to adapt so quickly, but there are challenges. Simply having an appropriate place to work from can be a huge problem for some and childcare is often cited as a disrupter to efficient working. Not everyone has access to good IT equipment or efficient broadband, both of which may come at the expense of the employee.

And let’s remember that homeworking simply won’t suit everybody. After all, it’s not what most of us signed up to. Some people are simply not cut out for it and rely on their routine of physically going to work and being in the office environment to stimulate their activity.

Perhaps some of the questions a business should be asking right now are what does the organisation need to deliver in the next 12-24 months and what is the most effective and efficient way to enable it to remain competitive in the marketplace. Then it should ask “is homeworking working to deliver this?”. The answer may vary greatly across different industries but there should be some comparability of productivity between how things are now and how they were. Has output increased, decreased, or remained the same; and is that change universal or only applicable to some individuals?

We know that many businesses are seeing at least equivalent, and in some cases, improved productivity since employees started working from home. Advancements in IT and infrastructure have helped to make this possible. For example, call-centres can now operate with a geographically fragmented workforce. But of course, we can only truly compare and hold employees to account if they had targets and objectives previously. If managers struggled or failed to supervise their staff effectively whilst they were at work, managing remotely will be a huge ask.

Cost savings from the departure of rent, rates, heating, lighting and as one person admitted this week, biscuits, will be a significant influence to preserve the status quo for some organisations. But we mustn’t let the longer-term effects of maintaining a work-from-home workforce be obscured by a short-term improvement on the balance sheet.

There are some intangible advantages to having a team in the same workspace. The creativity and problem solving that can be sparked from an impromptu meeting at the water cooler for example. Or the sharing of thoughts and ideas that seems to happen by osmosis across an open plan office. For homeworkers, every meeting must be scheduled so that we’re in front of our screens at a prescribed time to discuss a prescribed agenda, often stifling spontaneity.

One of the reasons some of us may be a seeing an increase in productivity is because the commute to work no longer exists. Employees can be at their desk, or kitchen table, earlier and potentially fresher each morning if they’ve not had to sit in traffic or endure an uncomfortable journey on public transport.

This then leads us to the issue of time management. If homeworking means staff are achieving their tasks more efficiently, should we allow them to finish earlier? And how will that endure if they are expected to attend online meetings late in the day, or indeed in the office? Is there an expectation that homeworking means flexible working, and will homeworkers expect to choose their own hours?

The introduction of a formal homeworking policy is probably overdue for quite a lot of employers. Until now, they have probably got away with some spoken instruction and a ‘play it by ear’ approach. As homeworking becomes more of the norm however, some proper ground rules should be established before bad habits and unrealistic expectations become ingrained.

We’ve provided more questions than answers here and establishing best practice may still be some way in the future, but it’s important that we start the conversation now so that we are ahead of the curve as the future pans out. Our espresso session on Wednesday 8th July will discuss the issues we’ve raised here and more. Book you place at www.hrchampions.co.uk/espresso

For discussion and advice about your own scenario, we’re available on 01452 331331 or by e-mail at advice@hrchampions.co.uk

With the sweltering temperatures making life pretty uncomfortable at times for many of us this week, we would usually expect to see some articles and blogs, including from us, about maximum workplace temperatures. Things are a little different this year and with the new rules and guidelines that Covid-19 has brought to bear, there will be new challenges to add to those we normally have to deal with during any heatwaves.

Some reports have suggested that we should see a reduction of cases of Covid-19 in the warmer weather. However these reports tend to be based on the fact that the transmission rates of most coronaviruses, including the common cold for example, tend to reduce in the summer months. We must wait for statistics for Covid-19, which will be skewed and influenced by the extent to which individuals maintain the measures that have been implemented to restrict its spread.

Of course a large proportion of the workforce in the UK remain on furlough, but as we implement the precautions in the workplace to enable workers to return and remain safe from Covid, we still need to consider their more general wellbeing and physical health; including the implications of hot weather.

As we’ve reported in the past, the Health & Safety Executive does not prescribe a maximum workplace temperature per se, but instead refers to “Thermal Comfort” when discussing employers’ legal responsibilities. In assessing the thermal environment of a place of work, we should consider more than air temperature alone. Air flow and humidity are among other factors to consider, as is the employees’ own clothing, which now might include PPE.

New Health and Safety constraints that require more employees in a much wider range of industries to wear PPE is very likely to have a significant impact on thermal comfort and therefore employee health generally. By their very nature to be a barrier against infection, PPE items such as rubber/plastic gloves, plastic aprons and facemasks will likely become uncomfortable more quickly and require changing on a more regular basis in the warmer weather.

As a solution you might consider rotating jobs amongst staff between those that do and do not require the wearing of PPE where appropriate. Other simple steps we might expect employers to take and which may already be implemented to reduce the spread of Covid-19 include:

• Ensuring airflow through the building is sufficient
• Where possible, open windows and doors or provide fans
• Make drinks readily available and encourage employees to take an extra break
• Consider alternative shift patterns or working hours ie. earlier start and finish times
• Introduce a comfort zone where the temperature can be controlled and allow managed access to it
• Relax the dress code, within reason
• Pay special attention to those at higher risk ie. pregnant or older employees
• Investigate the possibility of alternative working environments. eg. Another office, home, outside

The guidelines to work from home wherever possible will no doubt help, but in addition to ensuring that homeworkers have an appropriate environment to work in, we should also ensure that they feel empowered to take adequate breaks and take steps to remain cool and hydrated.

Let’s not also be side-tracked to ignore that fact that pleasant weather also brings about a rise in sporadic absences that might be viewed with a degree of scepticism. Now more than ever business require their staff to pull their weight and contribute to the best of their ability when there is work to be done. So, if you haven’t already done so, revise your attendance policy to include home working and attendance measures. Be clear, that people are either “at work or not” and whilst working from home there should be clear communication around fitness for work and notification processes.

If you need specific support about any HR and Employment Law Related issues during the Covid crisis, please call us on 01452 331331 or e-mail advice@hrchampions.co.uk

As more businesses return to work and we draw closer to the winding down of the Government’s Furlough Scheme, employers will be experiencing new challenges in managing and motivating their teams. We have already been asked to support with some staff who have demonstrated reluctance in returning to work. Others are facing logistical issues in maintaining their workplaces as a safe environment and employee wellbeing continues to be a concern for many.

This Government has a fine balancing act to perform. The management of our exit from the Covid crisis will probably be the defining factor of its tenure. Relax restrictions too early and we face a second wave of the virus that puts more lives in danger. Enabling a full return to work too late risks hobbling the economy beyond the point from which a speedy recovery can be made. Today’s announcement that Government borrowing has exceeded GDP, the first time since 1963, has only compounded the pressure.

For employers, with the obvious exception of income and cashflow, the overriding issue is managing the return of workers. Some employees haven’t worked for the entire duration of lockdown, and whilst you might expect many to be chomping at the bit to get back to work, there are others who, for various reasons are less enthusiastic.

Working from home should still be the default position where possible but of course that’s simply impossible for most manual jobs and retail which was allowed back this week. As other sectors return, particularly where customer interaction is involved, we may see more examples of resistance to return to work.

The main reasons that we are coming across for not wanting to come back to work are:

Care – This is largely down to childcare as the return of schools remains uncertain. There may still be an option to furlough employees who are struggling to find childcare, especially where the usual solution would have been a grandparent who is now shielding. Otherwise it’s unpaid parental or dependants leave.

Shielding – If the employee is shielding because they are recognised as being in a vulnerable group then they should be either furloughed, on SSP or unpaid leave. Government guidance has always been that there are no special considerations for anyone living with someone who is shielding so that’s not a reason to stay away from work. In this case unpaid leave is appropriate or even disciplinary action.

Anxiety – Covid-19 remains a threat and we must all stay alert so it’s reasonable that people will feel anxious about potentially exposing themselves to the virus by coming back to work, or even whilst travelling to the place of work. Provided you have carried out your due diligence including workplace and individual risk assessments, this shouldn’t be an argument. You could offer some people lower risk work if it’s available but remember you should be treating everyone equally.

Loving the Furlough life – There will be those that have become accustomed to an easy life and prizing them away to come back to work may prove quite a challenge. Remember that if you have work for staff members to do then it’s okay for you to ask them to come back and do that work. You don’t have to keep them furloughed because that’s what they want. You would be within your rights to withhold pay and probably pursue a disciplinary line if employees continually failed to engage.

In managing employees back to work there isn’t a one size fits all. We’re finding that the situations behind employees not wanting to return can be quite complex and nuanced. Our best advice is to speak to us if you experience any of the above issues yourself. If you need any support please call us on 01452 331331 or e-mail advice@hrchampions.co.uk