The Insider Issue Two

The Insider Issue Two

AS SURE AS EGGS IS EGGS HE INSIDE

ISSUE TWO

NATIONAL SICKIE DAY: WHY YOU NEED A ROBUST ABSENCE MANAGEMENT SOLUTION.

Over the past decade, we have clearly identified an upsurge in unauthorised staff absences taking place on February 1st. This year was no different. Through our absence management software, Absence Assist, we recorded a 25% increase in absence-reporting calls taken on Monday February 1st 2016 compared to Monday January 25th 2016 –a week before National Sickie Day. We researched as to the reasons why this particular day was causing no end of stress to employers. After reviewing client feedback – we concluded that UK employees are most likely to take an unofficial holiday on National Sickie day because of a combination of negative factors. Mounting debt caused by an influx of post-Christmas credit card bills, the miserable weather, commuting in the dark and with the next Bank Holiday on the 25th March seeming a long way off all conspired to employees feeling the need to take an unauthorised day off. As the trend for high rates of absence on or around the beginning of February persisted, the term National Sickie Day was adopted in 2011. Last year, an estimated 350,000 UK workers took the day off and this year we warned businesses to expect an influx of excuses as workers called their bosses to explain their short-term mystery ailments! According to the Department for Work and Pensions, more than 130 million days are lost because of sickness absence every year. ACAS calculates that the total cost of workplace absenteeism to the UK economy each year is £17 billion. Peter Mooney, our head of consultancy, says “It is vital that employers take steps to properly manage absences

in order to mitigate the impact they have on the success of the business. Employees need to know that fabricated reasons for missing work will not be tolerated. To minimise the impact that false sickies have on businesses, it’s important that employers take the issue seriously: recording all instances of lateness and absence, conducting back-to- work interviews and crucially, having clear policies and procedures in place that are regularly communicated to all staff.” A highly-effective way of managing absences is through an absence management service, such as our very own Absence Assist. Absence Assist is our unique absence management system that tackles the cause of absenteeism head-on. Our streamlined approach is proven to reduce absenteeism by up to 62%. Our trained advisors work alongside hundreds of companies, ensuring that each employee absence is managed effectively and appropriately. Saving you time; effort and money. Absence Assist is easily customised to your needs and is wholly compatible with our other services. We streamline your absence management information into our proactive software; Employersafe. This patented software effortlessly highlights absence trends and identifies any potential problem. Integrating our expert personnel service ensures that you receive expert advice on any legal issues that may arise from persistent absences. Peace of mind that we are there to help. For more information on how we can help start reducing the absences within your business, please call us today on 0161 785 2000

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CHANGES FOR 2016...

The Government is introducing two new employment law reforms that will affect employers both large and small. However, these reforms have the potential to benefit a large number of employees too.

NATIONAL LIVING WAGE

On 1st April 2016, the much heralded National Living Wage commences.

The new rates are:- • AGE 25+ £7.20 PER HOUR • 21-25 - £6.70 PH • 18-21 - £5.30 PH • < 18 - £3.87 PH APPRENTICES - £3.30 PH

GENDER PAY REPORTING

Apparently, women earn today what men earned in 2006! With that in mind, large employers will soon be obliged to publish information about their gender pay gaps. On the 11thMarch 2016, the Government’s consultation on gender gap reporting closes together with its draft regulations, which will make it compulsory for employers with 250 or more employees to publish information about the difference in pay between men and women. Pay includes basic pay, paid leave, maternity pay, sick pay, various allowances, shift premium pay, bonus pay and other pay, including car allowances paid through the payroll. In brief:

New increased penalties are also introduced for failure to pay the new rates, which increase the amount from 100% of arrears owed to 200%, although these will be halved if paid within 14 days.

The maximum penalty will remain £20,000 per worker. In addition, company directors can be disqualified for 15 years.

• THE REGULATIONS WILL COMMENCE ON THE 1 ST OCTOBER 2016;

For more information on legislation changes please contact our employment law team on 0161 785 2000

• THE TARGET DATE IS THE PAY PERIOD ENDING ON THE 30 TH APRIL 2017;

• FIRST FULL REPORTS BY APRIL 2018, THEREAFTER ANNUALLY.

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WITH THE NEW TAX YEAR ROUND THE CORNER... THERE HAS NEVER BEEN A BETTER TIME TO CHANGE YOUR PAYROLL PROVIDER

Managing payroll has always been a challenge - and it may just get a little worse. As of April 2016 we will see payroll reach a new high due to a a record number of tax changes being introduced for the new tax year.

The main changes that will affect your payroll include:

• The Introduction of a minimum “living” wage for over 25’s • The real time collection of tax on benefits in kind/expenses through voluntary payroll (Payrolling) • The dividend tax credit being abolished and replaced with a new £5,000 tax-free dividend allowance • HMRC no longer granting dispensations from reporting certain expenses • The Income personal tax allowance rising from £10,600 to £11,000 • A new state pension which ends the ability to contract out of the state pension for those in work place pension schemes and therefore the end of the national insurance rebate • The end of P9Ds as the £8,500 earnings threshold is abolished • The introduction of the new trivial benefits exemption • The abolition of employer NICs for apprentices under the age of 25 • The introduction of the Student Loan – Plan Type 2 This all sounds a bit confusing doesn’t it? But don’t worry; switching providers is easier than you think! Let us deal with all these changes. We provide a competitive payroll service, with no set up costs and no fixed contract..

Call us today to find out how we can help you make the transition to ELAS Payroll on 0161 785 2000

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FOOD ALLERGENS LEGISLATION A YEAR ON – CONSUMERS’ LIVES IN YOUR HANDS!

to Consumers requires that: ‘Food businesses are to declare any of the fourteen allergenic ingredients in both pre-packed and non pre-packed food to the consumer’. Many businesses have indeed implemented the necessary practices and procedures. But sadly the number of incidents where innocent diners suffer a reaction to a food that they are allergic to, or have ordered a dish thought to be safe to eat, but which contained undisclosed food allergens, is on the increase. By the time these worrying stories reach the media there has invariably been an unhappy and unnecessary outcome. In the last ten years the number of cases of allergic reactions to food has doubled. The number of diners hospitalised as a result of such a reaction has experienced a seven-fold increase in the same period. This is unacceptable to the authorities, the hospitals and to the people who suffered the reaction. Latest statistics show the rate of allergy is increasing, affecting up to 35% of the population. The teenage and young adult demographic evidences the greatest rise, with up to 50% in that group now clinically-diagnosed as having an allergic condition.

In December 2014 new regulations came into force requiring that all food businesses need to accurately communicate to customers which of fourteen allergens are contained within the foods that they provide. A year on we ask: are we any safer today? Around ten deaths in the UK each year can be directly attributed to an allergic food reaction, according to statistics from the European Commission. A further 1,300 asthma related deaths are considered to be associated with reaction to a food allergen. With seven-out-of-ten allergic reactions happening when eating out, even more responsibility rests with the catering trade; particularly as unlimited fines and even imprisonment are now enforceable by the courts. “As food safety specialists, we have found many catering and hospitality businesses have come a long way in the last year however some still don’t fully appreciate what their responsibilities are when it comes to protecting their customers.” comments Fiona Sinclair, who is a leading authority on food safety.

Regulation (EU) 1169/2011 on the Provision of Food Information

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Once an allergic condition is diagnosed, no matter what the issue, appropriate precautions can be taken by the individual to minimise their risk of contact. However scrupulous they are in avoiding what it is that they are allergic to, if allergens in the food that they order are not correctly identified as being present, or if serving staff are unaware of their inclusion, what chance does the sufferer stand? Nobody wants an allergic reaction on their premises. The fall-out of such an incident could be catastrophic for any business. In 2015, the owner of a takeaway restaurant in North Yorkshire was charged with Manslaughter By Gross Negligence, following the death of a diner who suffered an anaphylactic shock eating a meal. His death prompted an investigation by Trading Standards into food fraud. Peanuts were identified as the cause. Peanuts had been used instead of almonds in the dish that he had ordered. What chance did this poor diner have? Most recently, a teenager died following an allergic reaction to a chicken burger in a well known Manchester restaurant. In this instance she informed staff about her food allergies and the restaurant staff advised her that the chicken dish would be appropriate for her to eat! Would it surprise you to learn that one in one hundred people have a peanut allergy?

“Both illustrate the salutary lesson that needs to be learned” concludes Fiona. “Any substitute, for whatever reason, must be communicated and every customer-facing employee must know how to find out the contents of each dish. If there is any doubt, escalate the question or don’t serve the dish. Informing people about what the dish contains is only part of the process.” The fourteen food allergens in question are: cereals (containing gluten), crustaceans, eggs, fish, peanuts, soybeans, milk (including lactose), nuts, celery, mustard, sesame seeds, sulphur dioxide & sulphites, lupin seeds and molluscs. As part of an effective allergen management system, cross contamination controls are vital to ensuring that risks are minimised when preparing and handling food. Even a small amount of any food allergen on the hands of a food handler, if it results in cross-contamination, can cause a reaction. Allergens are now an integral part of food safety. Through sound systems, staff training and awareness not only will you minimise risk to your consumers, you will minimise the risk to you and your business of fines or prosecution.

For more information on food allergies and how to avoid potential risks visit STS, part of the ELAS Group click here or call 01252 728 300

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HEALTH & SAFETY FAILINGS IN SCHOOLS

Hundreds of children continue to suffer injuries at school during term time in three major cities, because of health and safety failings.

ANNUAL LEAVE IN OUR BUSINESS RUNS FROM 1ST APRIL 2015 – 31ST MARCH 2016. DOES THIS MEAN THAT MY EMPLOYEES ARE ENTITLED TO TWO EASTER HOLIDAYS OR TWO EXTRA BANK HOLIDAYS? Does your new holiday year start on 1st April? If it does, then you need to read on. In the 2015-16 holiday year there are two Easter breaks and therefore, ten bank holidays in that year. It follows that, in 2016- 17 there won’t be an Easter at all, so there will only be six bank holidays. In the absence of any guidance from the Government, (maybe they have other things on their mind!) you need to agree with your workforce how you are going to handle this. The law says everyone is entitled to twenty-eight days holiday in a full holiday year. This entitlement is of course, pro-rated for part-timers. The full holiday year is split into twenty days to take as agreed between you and your staff, and eight days to be taken as bank holidays. First of all, check what your contract says and talk to your staff. If you grant more than the statutory minimum holiday entitlement, or have staff that (or members of staff who) have accrued additional holidays, due to the length of their service, you need take no action with their leave. If you grant the statutory twenty-eight days holiday, you can retain that position as it fully meets your legal obligation. This will mean that in this holiday year, your staff have (or members of staff HAVE) only eighteen days to take when they want to. In the next holiday year they will have twenty-two days to take. You could agree with staff that they take two days of next years’ bank holiday entitlement in the coming year, so they still have twenty days to take when they like, plus ten bank holidays this year and six next year. If you were feeling generous, you could award all your staff two extra days holiday this year but there is absolutely no obligation to do this. Are you in need of a little help and advice on this issue? Call one of our consultants today on 0161 785 2000 CONSULTANT CORNER. . .

Continuing research, Sound Advice gleaned information following a Freedom of Information (FOI) request, evidencing that over £3.3 million was paid out in compensation for 365 successful claims brought against local councils in Greater London, Greater Manchester and Birmingham since September 2009. Thirty-three London boroughs had to pay out in excess of £1.6 million, following successful claims from the representatives of children who were involved in accidents in both primary and secondary schools between 2009 and 2014.

In Greater Manchester, £1.4 million was paid out across ten boroughs.

Birmingham City Council reported that just under £270,000 was paid during the same five-year period. Only London’s Westminster City Council failed to provide any information.

Examples of the recorded accidents include:

• GREATER LONDON’S WALTHAM FOREST COUNCIL PAYING OUT £20,500 AFTER A CHILD’S FINGER WAS CRUSHED BETWEEN TWO DOORS. • GREATER MANCHESTER’S BOLTON COUNCIL PAYING £33,382 FOLLOWING AN ACCIDENT INVOLVING SPORTS EQUIPMENT.

• BIRMINGHAM CITY COUNCIL PAYING £85,645 AFTER A CHILD STRUCK THEIR HEAD ON A GYM WALL BAR.

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When asked to comment, Wayne Dunning, our health and safety manager said:

Protect people from unnecessary harm and you protect your business from a crippling fine. You protect your responsible person from a potential prosecution. It is not only schools that are at risk of suffering such penalties because of basic health and safety failings. Industry and commerce are also guilty of similar failings. The HSE recently reported that 630,000 workplace injuries occurred between 2012 and 2015 in Great Britain. Fail to implement robust health and safety strategies and you are running the risk not only of injury, claims and prosecution, you are risking your livelihood and all that you have worked hard for. Help is at hand. We understand that health and safety requirements vary from industry to industry. Our team of highly- qualified advisers will work with you to design the robust health and safety strategy that you need for complete peace of mind. They will help you implement it all. They will mentor, train and be on hand twenty-four hours a day, seven days a week to advise you, professionally. The bespoke, individual health and safety strategies we provide are the envy of others in our sector. Clients tell us that they would not be compliant if it wasn’t for us there as their safety net. ‘Prevention is better than cure’ is the old adage. Let us make sure that you prevent that accident before it happens. For more information on how we help you and help others, call us today on 0161 785 2000.

“What is abundantly clear from our research is that year on year, the same type of injury (or types of injuries) are cropping up time and again. They happen because of the same health and safety failings that we see in the education sector and this has to stop.” “Now is the time to stop trivialising health and safety in schools. Stories such as banning conkers and cancelling sports days make for light-hearted news items. This problem needs to be treated with the seriousness it deserves. “An £86,645 award is a very serious award. Could your business suffer such a serious financial loss? But it is not all doom and gloom” Wayne continued “It is our ELAS mission in this respect, to continue investigating under FOI until we see an improvement in health and safety in schools and fewer claims being brought. “There are simple solutions stemming from grasping the nettle and implementing a robust health and safety strategy in your school. Professionally-advised health and safety policies and compliant training will allow you to identify potential risks and hazards that occur in the day-to-day running of the school. What is the most important benefit? Of course! Your pupils and staff will be protected.” Wayne concluded.

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From a s l i t t l e to a s much suppor t a s you need . . .

Ca l l or ema i l us to d i s cus s your opt i ons

T: 0161 785 2000 E: [email protected] or visit www.elas.uk.com