cambridge hr in business nov 2015
TRANSCRIPT
Cambridge HR In Business
Employment Law Update
Established in 2003, Whitehill Pelham Ltd has been providing specialist recruitment services to businesses throughout the East of England for over 10 years.
We know how important people are to a business. Companies need their people to be engaged, energetic, enthusiastic, creative, competent, skilled and committed – day in, day out. Our vision is to offer a comprehensive recruitment capability which assists our customers to build effective teams and to do so with the highest standard of client and candidate satisfaction.
Company Structure
Whitehill Pelham Ltd has two distinct brands offering bespoke recruitment solutions:-
Whitehill Pelham – permanent people from junior management to senior executives.
talentdesk – temporary and permanent office support and administrative individuals
How we work
Working individually or as a part of a team our consultants pride themselves on learning as much as possible about their client companies, the nature of their business, their culture and the unique requirements of the vacancy which has to be filled.
We work best in a spirit of co-operation and partnership, maintaining focus on the attraction of the best candidates and the successful filling of the vacancy.
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About Whitehill Pelham
Not all companies recruit in the same way. We adjust our approach to suit the needs of each campaign, respecting your established business processes, helping to innovate where appropriate, and at all stages of the recruitment process, communicating to a pattern agreed with you and your colleagues. Our aim is to ensure that your investment in recruitment is successful. Through everything we do, we seek to deliver value for our clients ensuring that processes are efficient, turnaround times are kept to a minimum, and our clients and candidates are kept informed at every stage of the process What our Candidates and Clients say about us. It was a pleasure to work with Whitehill Pelham and their service was excellent. They provided us with high calibre candidates and managed the whole selection process in a professional manner. Sally Ann Forsyth – CEO of Norwich Research Park Following unsuccessful trials with other Recruitment Providers for this role Nabiilah and the team at talentdesk were very quickly able to find us a fantastic candidate for the role. Reuben Cadman – HR Administrator – Videojet Our Results Whitehill Pelham and talentdesk are committed to finding long term solutions for clients and candidates, 94% of all candidates placed within the last two years remain happily in their employment. Through a rigorous process of continuous improvement we are pleased to say this figure is rising year on year. For further information please call our office on 01223 828370 and visit our website www.whitehillpelham.co.uk; www.talentdesk.co.uk
About Cambridge Employment Law Cambridge Employment Law LLP is a niche employment law practice, specialising in the practical application of the law in the workplace Our highly-rated lawyers have years of experience advising on the full range of HR issues – including disputes in the Tribunal and High Court. This means that we can get quickly to the key issues and can provide clear, no-nonsense advice. Whilst we limit ourselves to employment law and related issues, our client base is not limited either geographically, or by sector. We work with individuals, sole traders, global brands and everything in between including start-ups, established businesses, public companies and not-for-profit organisations. We are based near Cambridge but we have clients throughout the East of England, London and the UK. Many of our clients have international operations and we work with firms throughout the world to meet their international needs. Key to giving our clients effective advice is a proper understanding of your culture and commercial aims. We will invest the time required to understand your organisation – at our expense, not yours. Typical areas on which we advise employers include: • Day-to-day HR issues such as disciplinaries, grievances, sickness absence, parental rights and flexible working • Contracts and Handbooks – drafting, reviewing and updating • Reorganisations, including both individual and collective redundancies and TUPE • Changes to or harmonisation of terms and conditions • Restrictive covenants – drafting, reviewing and enforcing • Dismissals • Compromise agreements • Tribunal claims
We pride ourselves on giving an outstanding personal service to our clients. Our size and the specialist nature of our practice mean that you will have a personal relationship with a lawyer who understands your business and cares about its success. For further details please visit our website at www.cambridgeemploymentlaw.com
Why?
6
131 million
what?
in the UK in 2013
7
8
Create a flourishing
environment
More productive
More resilient in face of
hardship
Stronger immune systems
9
Permission to
be human
How?
Social Interaction
Control
Purpose
11
12
13
What can you give control over?
Where are you going
& Why?
Psychological Capital
Hope
Self-Efficacy
Resilience
Optimism
15
16
Hope
action
&
route
17
Self-Efficacy
believing
you can do
what you
say you will
18
Resilience
the ability
to keep
going in
adverse
conditions
19
Optimism
things will
work out
realistic
not biased!
20
What steps
could you
put in
place?
21
Involve others…
don’t leave out in the cold
@kateatkin
in/kateatkin
www.kateatkin.com
Cambridge HR In Business
Breakfast Seminar
Legal Update
Oliver Pryke & Eleanor Freeman Cambridge Employment Law LLP
Fit for Work
• To help employees return to work and to support employers to manage sickness absence
• Either GP or employer can refer to work focused OG service after employee has been off for 4 weeks or is expected to be off for 4 weeks
• OH will produce a plan identifying barriers to return to work, help needed and time-tabling return
• Additional support available by website and helpline
Timing
• Rolled out to all GP’s by 22 July 2015
• Employers can refer from 8 September 20
• Govt and ACAS roadshows around the country, local roadshow is at Newmarket on 27 November from 10 until 12
Assessments
• Carried out by case manager with employee by telephone
• May contact employer for information about work
• May contact GP for information about condition
• Agrees plan with employee
• Keeps in weekly contact with employee
• Can arrange for o More specialist advice
o More detailed discussion with employer
o Face to face assessment (but this will be rare)
What will the plan include
• Details about employee’s fitness and how it impacts on ability to work
• Timetable for return and whether any interventions are required
• Any temporary adjustments that should be made and if so for how long
• Any interventions employer could fund to facilitate a return, who provides them and the possible benefit to the employer
Issues
• Will the advice be any good
• How will it fit with existing OH advisers
• Will the service be swamped
• How will it cope with malingering employees
• No second referral within 12 months
Questions
• What if an employee doesn’t consent to a referral
• What if an employee doesn’t consent to the return to work plan being shared
• Could you make sick pay conditional upon the above
• What if the suggestions made in the report are unreasonable
• What if the advice conflicts with the employer’s own OH advice
• What will be the impact on unfair dismissal / disability discrimination cases
Action points
• Obtain the guidance and attend a roadshow
• Consider changes to your sickness policy
• Ensure line managers are aware of the change – they may be contacted by a case manager
• Consider relationship with existing OH providers
Agency workers
• Must be informed of vacancies
• No right to preferential treatment in a redundancy redeployment
• No right even to be interviewed
Working time
• Previously: only travel time between jobs was “working time”
• Now: travel time to the first and from the last jobs of the day also “working time”
• National minimum wage
• Working Time Regulations
Holiday pay
• What does holiday pay include? o Commission
o Overtime
• Guaranteed
• Compulsory
• Voluntary
Holiday pay and sickness absence
• No obligation to take leave whilst sick
• Irrelevant whether sickness prevents leave or not
• Period of carry over limited to 18 months from the end of the leave year in which accrued
• Limited to 4 weeks’ leave under the Working Time Directive
Disciplinary action
• Investigation
• Choice of companion for a hearing
• Role of HR in disciplinaries
• Interplay between disciplinary and grievance
Email and social media
• Forwarding pornographic email to female e’ee was gross
misconduct
• Taking Facebook at face value
Disability discrimination
• Withdrawing email access from sick employee can be indirect discrimination
• Diabetes controlled by diet is not a “disability”
• Foreseeability necessary for stress claim
• Reasonable adjustments during sick leave
[email protected] 01223 656954/07990 975329
[email protected] 01223 656952/07834 362283
www.cambridgeemploymentlaw.com
Thank you for attending
Cambridge HR In Business
Employment Law Update