Archive

Month: January 2022

Talking tribunals

No one hopes for a tribunal claim, but if you receive one you’re given a great opportunity to sharpen practices, learn from mistakes and make positive changes (there’s always room for improvement). 

Defending tribunal claims is our bread and butter so we thought we’d share a few golden nuggets from our experience over the last 12 months in our upcoming ‘Talking tribunals’ series. We’ll cover:

  1. Tribunal trends – from waiting times to average awards and how they’re influencing settlement tactics
  2. If we’ve heard it once…do you really have a zero-tolerance approach to discrimination?
  3. Why People Team support during a disciplinary process can still get employers into trouble
  4. Why informal warnings for harassment are creating confusion

Watch out for the updates over the coming weeks. 

 

This update is accurate on the date it was sent (28 January 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Posted On: January 28th, 2022By |

SSP Rebate Scheme now open

The SSP Rebate Scheme has now reopened meaning you’re once again able to claim back up to two weeks SSP for employees who have taken time off because of COVID-19.

To be eligible to use the Scheme you must: 

  1. Have already paid your employee’s COVID-related SSP;
  2. Have a PAYE payroll scheme that was created or started on or before 30 November 2021; and
  3. Have had fewer than 250 employees on 30 November 2021 across all your PAYE payroll schemes.

You can claim for:

  1. Employees who were off work on or after 21 December 2021 due to COVID-19. If the absence started before 21 December 2021, you’ll need to use 21 December 2021 as the start date.
  2. The maximum number of employees you can claim for is the number of employees across all your PAYE schemes on 30 November 2021.

You don’t need a doctor’s fit note from any employees in order to make a claim and the Scheme covers all types of employment contract from full-time to fixed term. You can find everything you’ll need in order to make your claim here on the government website.

Get in touch if you need support in managing COVID-related absences. 

 

This update is accurate on the date it was sent (21 January 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Posted On: January 21st, 2022By |

Menopause champions

42% of women consider leaving their job due to menopause symptoms. ‘Menopause champions’ can help support employees to manage challenges alongside work commitments, raise concerns or find additional support where required. What other steps can you consider?

Menopause policy – a great starting point to proactively build a more open culture of understanding supporting those affected. You’ll find our menopause policy on Intelligent Employment. 

Training – creating understanding around menopause isn’t just for those who may be affected. Training all colleagues will help them to approach conversations with confidence.

Zero-tolerance – ‘banter’, jibes or inappropriate comments relating to the menopause can be dealt with and supported by menopause champions. A recent case has shown that comments like “must be in her menopause” still exist.

Get in touch if you need our advice or support if you’re thinking of introducing menopause champions. 

 

This update is accurate on the date it was sent (20 January 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Posted On: January 20th, 2022By |

Fear of Covid-19 is not a protected belief

The Employment Tribunal has held that a fear of catching Covid-19 is not a protected belief for the purposes of the Equality Act 2010.

Background

An employee refused to return to work due to a fear of catching Covid-19 and passing it onto her partner. The employer refused to pay the employee if they did not return to work. The employee argued they’d been discriminated against on the grounds of their fear being a philosophical belief under the Equality Act 2010 (EQA). The tribunal disagreed – the employee’s view didn’t amount to a genuine philosophical belief under the EQA because it was an opinion and reaction to potential physical harm at that very specific period of time.

Practical takeaways

Whilst a useful decision for employers in managing any reluctance to return due to Covid-concerns, your health and safety obligations still remain a priority:

Communicate – ensure employees have access to your policies and procedures (including where to raise concerns), and communicate the steps you’re taking with regular reminders. Where employees do have concerns, listen proactively, keep a record, make adjustments where necessary, and reassure them that you’re taking all necessary steps.

Risk assessments – make sure yours is up to date to demonstrate you’re continually thinking about the risks employees face. There’s no expectation for you to eliminate risk entirely, but you do need to do everything reasonably practicable to minimise risks.

Get in touch if you need any advice or support managing potential Covid-concerns. 

 

This update is accurate on the date it was sent (13 January 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Posted On: January 13th, 2022By |

SSP Rebate Scheme to reopen

The SSP Rebate Scheme is to reopen this month with a specific date and further guidance still to be announced. Below is what we know so far:

Eligibility 

You will be eligible to utilise the Scheme if you:

  1. Employed fewer than 250 employees as of 30 November 2021;
  2. Had a PAYE payroll scheme as of 30 November 2021;
  3. Have already paid employees’ COVID-related SSP; and
  4. Are UK-based.

What you can claim for

You will be able to claim the costs for up to two weeks’ SSP per employee, provided the employee has taken time off because of COVID-19. Claims can be made in respect of COVID-related sickness absences starting on or after 21 December 2021, regardless of whether you’ve claimed for that employee under the previous Scheme.

The government has said the Scheme will be reopened from ‘mid-January 2022’ and is a temporary change with the duration of the Scheme kept under review – we’ll update you further once further details and government guidance is announced.

Get in touch if you need our advice or support.

 

This update is accurate on the date it was sent (11 January 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Posted On: January 11th, 2022By |