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Hillyer McKeown teamed up with Powys Association of Voluntary Organisations (PAVO) for an event aimed at third sector organisations in Wales on 10th July. The event, which was free for PAVO members to attend, was presented by Solicitors Justine Watkinson and Rachel Hughes and covered a range of topics including: - Effective management of sickness absence - Managing disciplinaries - Zero hours contracts vs fixed term contracts - The right of volunteer workers - Changes to flexible working - Employment Q&A
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PAVO Employment Seminar10 July 2014Justine Watkinson and Rachel HughesHillyer McKeown Solicitors
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Our Employment Law Speakers
Rachel is a Solicitor in our experienced Employment Law Team. She has extensive experience in advising and acting for a diverse range of companies on Tribunal claims, general HR issues such as disciplinaries, grievances, discrimination as well as redundancy (collective and individual), TUPE issues and industrial relations.
Justine is Justine is Head of the Employment Law Team. She has extensive expertise in all areas of employment law, including executive appointments and terminations, drafting of contracts of employment and handbooks, all aspects of business change projects, long term sickness, performance and capability, and discrimination issues.
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Today’s Topics
• Effective management of Sickness Absence• Managing disciplinaries• Zero hours contracts v fixed term – what’s all the
fuss?• Brief rights of volunteer workers• Employment Law Update – recent changes to flexible
working• Q&A session
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Managing Sickness Absence
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Managing Sickness Absence
Manage the absent employees
• Third sector offer generous sick pay• Often leads to long term or persistent sickness
absence• Encourage/help employees back to work• Sickness absence is not an alternative to annual
leave
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Managing Sickness Absence
What can you do?
• Assess your sickness absence policy• Keep in touch• Welfare Meetings• Obtain medical reports• Assess when the employee can return to work• Return to Work Interviews
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Managing Sickness Absence
Keeping In Touch• Regular telephone calls• Welfare Meetings• Return to Work Interview• Keep a record of all conversations/meetings
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Managing Sickness Absence
Obtaining a medical report• Letter of instruction – get it right!• Set out history• Job description • Specific questions
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Managing Sickness Absence
Persistent Short term absence
• Sickness Absence Trigger Policy• Disability related absence
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Managing Sickness Absence
Summary
• Know where your employees are• Discipline absence where necessary• Get employees back to work
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Managing Disciplinaries
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Managing Disciplinaries
• Follow ACAS Procedure and/or internal disciplinary procedure
• Essential to properly carry out the procedure
• Deal with any complications
• Seek HR advice where needed
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Top Tips toManaging Disciplinaries
• Don’t be hasty to suspend an employee
• A thorough investigation is key
• Anonymised witness statements
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Top Tips toManaging Disciplinaries
• Provide the employee with all the evidence
• Sickness absence part way through a disciplinary
• Keep the employee informed
• Keep a paper trail
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Zero Hours Contracts
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Zero Hours Contracts
• Entered the UK in 1974 to provide employers with flexibility• Not employees but ‘workers’• Entitled to paid salary and annual leave• Increased use in recent times due to the
recession• No guaranteed hours
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Zero Hours Contracts
Why are they receiving such negative press and government attention?
• No obligation to provide workers with minimum set hours • Exclusivity Clauses• Causes uncertainty for workers and no
guaranteed wage
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Zero Hours Contracts
Why are they receiving such negative press and government attention?
• Used to avoid employer responsibility e.g. no flexible working rights, maternity rights, etc
• Calls the employment figures into question
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Zero Hours Contracts
Why use zero hours contracts?
• Easy access to pool of workers• Flexibility over workforce• Avoid fixed overheads• If not enough work then no requirement for
employer to provide
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Zero Hours Contracts
Why use zero hours contracts?
• Cost effective
• Effective where there is uncertainty of work
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Zero Hours Contracts
• Used by McDonalds, Boots, Weatherspoons, Subway, Sports Direct• The NHS has 100,000 workers on zero hours
contracts • MPs employ 151 staff on zero hours
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Zero Hours Contracts
Case Study - McDonalds• McDonalds admitted that 90% of their staff are
on zero hours contracts
• Almost 83,000 workers with no guaranteed work
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Zero Hours Contracts
Case Study - McDonaldsJustification by McDonalds:
• All have access to benefits e.g. life assurance, employee discounts, training
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Zero Hours Contracts
Case Study - McDonaldsBUT:• All workers subject to an ‘Exclusivity Clause’
• McDonalds say most workers do work 20/30 hours per week so no need to work else where
• Argument this creates ‘mutuality of obligation’
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Zero Hours Contracts
Potential changes
• Labour government want to regulate zero hours contracts • Worker to be automatically entitled to fixed
hours once they have worked regular hours for a 6 month period;
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Fixed Term Contracts
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Fixed Term Contracts
What are they?• Often referred to as temporary contracts• Provide employment for fixed period of time or
fixed task/project• After 4 years of continual renewals become
permanent employees
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Fixed Term Contracts
Examples of fixed terms where a contract:• Ends on a fixed date• Covers sickness or maternity leave• Linked to specific funding stream• Completion of a project• Short term seasonal contract
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Fixed Term Contracts
How can you end a fixed term contract early?
• Can insert a ‘break clause’
• Provide for early termination with notice
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Fixed Term Contracts
Why use a fixed term contract?
• Creates certainty• Use for a specific period or task• Guaranteed hours and pay for the employee• Not long term oppose to zero hours
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Rights of VolunteersIn Brief
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Volunteer Rights
• About 800,000 volunteers in the voluntary sector
• Not subject to standard policies e.g. Disciplinary, Whistle blowing, Maternity
• Job role rather than job description
•No employment rights
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Volunteer Rights
• Subject to Equality Opportunities Policy, Diversity, Organisational own requirements
• Volunteers have successfully argued they were employees e.g. Payment
• Mutuality of obligation – is there an obligation on the volunteer to provide work?
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Changes to Flexible Working
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Flexible Working
• Commencing on 30th June 2014
• Apply to all employees with 26 weeks’ service
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Flexible Working
• Duty on employers to consider all requests in a reasonable manner
• The same 8 business reasons for refusing a flexible working request will apply
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Flexible Working
Benefits of Flexible Working• Workers on flexible contracts tend to be more emotionally engaged• More satisfied with their work• Improve productivity• Less likely to quit
Study by Kingston University
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Aventi
• Fixed fee HR and employment law support
• Insurance protection against Tribunal claims
• Discounted offer for all DVSC members
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Thank youAny questions?
Find out more atwww.hillyermckeown.co.uk