Don't forget to check your salaries

I can't believe it's almost 3 months since I last blogged - where does the time go!?

Not having time to blog because you are too busy getting on with the day job is a good problem to have so here at KMC HR we are not complaining.  We promise to try and get back on track with regular communication from now.

So, to update you on legislation that came into effect on 1 October 2012.  The National Minimum Wage is now as follows:

• The main rate for workers aged 21 and over increased to £6.19
• The rate for 18-20 year olds remains at £4.98
• The rate for 16-17 year olds remains at £3.68
• The rate for apprentices under 19 years, or over 19 years but in their first year of apprenticeship, increased to £2.65

Don't forget to check your salaries to ensure you are complying with legislation.  Also, it is good practice to diarise relevant dates of birth so you don't forget when someone crosses over from one age group to another.

Anyone for Tennis .........?

........... or football, or cycling, or motor racing - the summer weather may not be playing ball but we have certainly been spoilt for choice when it comes to summer sporting events.

I'm not particularly a follower of Wimbledon, nor have I been a fan of Andy Murray, but all that has changed since being on the edge of my seat throughout the men's final yesterday between Andy and Roger Federer.

'Charming, articulate and gracious' - that was how one commentator described Murray at the end of the match.  I couldn't agree more.  A more mature Andy Murray played a superb game and was a very worthy opponent of the, now, 7 times champion Roger Federer.  He may have been beaten but Andy Murray should hold his head high following his performance yesterday.  It was magnificent and I, for one, look forward to seeing what he can achieve at next year's event.

Having become a Wimbledon convert I may be one of those people who need to book time off work in order to stay glued to the TV.  Alternatively I could ask myself for flexible working arrangements during key matches, or for them to be screened during working hours.  I think I'll send myself a memo!

Well done Andy.

Count down to London 2012

The famous Olympic torch is alight and has started it's journey. 

From 19 May 2012, 8,000 torchbearers will carry the torch through more than 1,000 cities, towns and villages across the UK, a journey that will take 70 days to complete.  The torch ends its journey as the last Torchbearer lights the Cauldron at the Opening Ceremony in the Olympic Stadium on 27 July 2012, marking the official start of the Games. The Flame stays lit until the Closing Ceremony on 12 August 2012 when it will be put out to signify the end of the Games.

So the countdown to London 2012 has begun in earnest but what does this mean for your business?  Have you given any thought to the potential disruption the Games may cause?  "We're not in London" I hear you say.  You may not be, but what about your employees who want to watch the Games, or who have volunteered to be helpers there?  If your company delivers products in and around the London area, have you thought about increasing travel times to allow for traffic congestion? 

In short, have you implemented an Olympic Games Policy?  As business owners you may not have thought about this but your HR adviser/s should have.

As with all major sporting events there is likely to be disruption to businesses across the UK.  The key is to have a clear message on how you are approaching this. 

And don't forget, once the Games finish on 12 August 2012, the build-up will commence for the Paralympics which take place from 29 August to 9 September 2012.

Happy Birthday to Me!

Well, it's not my birthday just yet, but we are celebrating a birthday at KMC HR Consulting.  We are starting our 3rd year in business and, I'm delighted to say, going from strength to strength. 

Some people thought I was mad setting up my own business at the height of a recession, and I confess it was very scary!  Leaving the security of a well paid job with a highly reputable firm was a big step but I can honestly say I haven't looked back.

Having joined some very effective networking groups, our name is becoming more widely known in the market and we have received some great referrals which have resulted in loyal clients.  Thanks to our fabulous Web designers, we are also getting more work via the Internet than ever before.

So I thank my clients, some of whom have been with me from the outset, others who are more recent additions to our client base and, of course, my former employer who is also a client.  Without you we wouldn't be celebrating our birthday. 

As Easter and our birthday celebrations fade into the distance and we get on with the important job of making sure our clients get professional, reliable, cost-effective HR advice which is tailored to their needs, I will think to myself again how much I love my job.

Increase in pay rates - a reminder for your diary!

The annual increase in statutory maternity, paternity and adoption pay comes into effect on 1 April 2012 so you need to make sure you're ready and your payroll systems are updated accordingly.  The rate increases from £128.73 to £135.45 per week.

Statutory sick pay goes up, on 6 April 2012, from £81.60 to £85.85 per week.

You should also be preparing for the changes to national insurance and income tax rates for 2012/13, which come into force on 6 April 2012. 

Employers may also wish to note 21 March in their diaries, when Chancellor George Osborne will deliver his 2012 Budget.

Love is in the air!

Well it's Valentine's Day and love is in the air.  But a survey commissioned by XpertHR, based on responses from HR professionals at 200 UK organisations, indicates that a third of employers say they have prohibited relationships between managers and subordinates and one-in-six employers have prohibited relationships between employees and customers.

Interestingly, the survey found that more than two-thirds of employers do not have a policy in place to deal with workplace relationships. Among those that have no policy, the most common approach is to cover it within broader policies, such as those on conduct or ethics.

Respondents to the survey gave some insight into the type of action taken when relationships develop in the workplace. Most commonly employees are asked to inform line managers or HR departments when notifying the company of a workplace relationship.

Respondents also said they embarked on informal discussions with HR or line managers, while on a more negative note, some said that they monitor colleagues in relationships "for problematic behaviour".

But all is not lost on this Valentine's Day, some employers said they support workplace relationships and the most common response from those surveyed was to take no action at all on learning of relationships between colleagues.  As many people meet their future spouses in the workplace, let's hope that employers take a sensible approach to such developments.

Happy Valentine's Day everyone!

Are footballers above the law?

Employment law that is!

I can't be the only person who watched with disgust as Luis Suarez deliberately snubbed Patrice Evra by refusing to shake his hand ahead of the game at Old Trafford last Saturday.  I'm not a football supporter and was not aware of the eight match ban that Suarez had already served for racially abusing Patrice Evra last October but I was watching the news and my hackles were raised by the simple lack of common decency displayed by Suarez, so I started to take an interest.

Employment law covers issues of bullying, harassment and racism for a reason.  These players were doing their job, and are employed by the football clubs, so surely action should be taken to resolve this issue!?

I was pleased to see that both Suarez and the football club issued apologies the following day.  Call me cynical but I suspect this was only as a result of media coverage and public opinion, rather than a genuine apology.  If I was in Patrice Evra's football boots I would be thinking 'too little, too late'!

Check it out !

I'm very excited to have launched my first e-newsletter and my revamped website is now live.  If you haven't already looked at the website please check it out.

If you weren't on the distribution list for my e-newsletter and would like a copy, please let me know.  The newsletter is designed to keep my clients and followers up-to-date with things that are happening in HR and employment legislation which have an impact on all those running a business.  We're all in danger of getting 'information overload' so the newsletter is short, snappy and without jargon.  It's completely free and may just provide you with some surprising and interesting information.

My thanks, as always, go to Neil Priddey the brilliant creative director at CFH Design who put up with me during the website revamp and has made sure all my communications are properly branded.  I'd be lost without you! 

Could this see the end of spurious Employment Tribunal claims?

The Government has outlined two options for the introduction of fees in order to take a claim to an Employment Tribunal.

Option one is that an initial fee of between £150 and £250 will need to be lodged for a claimant to bring a claim, with an additional fee of between £250 and £1,250 if the claim goes to a hearing, with no limit to the maximum award a tribunal could grant. Option two is a single fee of between £200 and £600, but this would limit the maximum award to £30,000, with an option of an additional fee of £1,750 for those who are looking for awards above this limit.

In both of the above options, the tribunal would have the power to order the unsuccessful party to reimburse fees paid by the successful party.

Published statistics show that there were 218,100 claims via the employment tribunal system in 2010-11, an increase of 44% on the year 2008-09. The estimated cost to the tax payer rose from £77.8 million to £84 million over the same period.

Justice Minister, Jonathan Djanolgly, said “Currently, the UK taxpayer bears the entire £84 million cost per year of resolving other people’s employment disputes at tribunals. This is not sustainable. We believe that people should pay a fair amount towards the cost of their case. Fee waivers will be available for people on low incomes to protect access to justice. Our proposed fees will encourage businesses and workers to settle problems earlier, through non-tribunal routes like conciliation or mediation and we want to give businesses, particularly small businesses, the confidence to create new jobs without fear of being dragged into unnecessary actions”.

The consultation will continue until March 2012. If approved, the intention will be to introduce fees no earlier than 2013-14.

I, for one, hope the introduction of fees will act as a deterrent to those who decide to 'chance their arm' and bring a claim unnecessarily.

Happy New Year - Are you ready for the forthcoming changes in Employment Legislation?

Well, it's the start of another year and, as always, things don't stand still when it comes to HR matters.  Important new employment legislation has already been announced and I will be updating you on various topics in the coming days.

Let's start with one of the most significant changes, which will come into force on 6 April 2012.  The qualifying period for unfair dismissal protection will increase from one year to two.  The Government has said this is intended to "provide more time for employers and employees to resolve difficulties, give employers greater confidence in taking on people and ease the burden on the employment tribunal process".

Don't get complacent though.  This is certainly not a green light for employers to avoid adopting best practice when it comes to their staff and HR matters.  And don't forget, certain criteria are protected from day one of employment so make sure you are getting correct advice. 

Employers get the best out of their staff by treating them properly, investing in their careers and encouraging teamwork.  Do you want to be an employer of choice in 2012?  Then it's time to engage with your workforce. 

Record £4.5m damages awarded to Doctor forced out of her job following maternity leave!

A record payment of almost £4.5m has been awarded by a UK Employment Tribunal to Dr Eva Michalak, who was forced out of her job following her maternity leave.  Dr Michalak is reported to have been 'profoundly traumatised' by 'years of psychological abuse' to the extent that her husband had to give up his job as a scientific researcher in order to look after her.  Dr Michalak said of her employer 'They destroyed my life, my health and my career.  Their dishonesty was staggering'.

The Employment Tribunal said 'We are positively outraged at the way this employer behaved.  The claimant was subjected to a campaign, suspended, had her suspension unnecessarily prolonged and was then dismissed for a reason that related to her pregnancy.  She has lost her role and status.  She is never going to return to work as a doctor, a profession she cherished'.

Dr Michalak's husband said 'This payout is not a win.  All she ever wanted was to work'.

The amount of the award has shocked many.  The fact that an employer would behave in this way has shocked many more.  Whilst claims for race or sex discrimination continue to be uncapped, this should be a warning to any unscrupulous employers out there!

Want to know how the figure was reached?  Click here.

First person convicted under the Bribery Act 2010 - and the sentence is custodial !

Although the legislation is called the Bribery Act 2010 it only came into effect earlier this year, 1 July 2011 to be precise, but already we have seen the first conviction and it carries a custodial sentence!

Munir Patel was convicted of bribery and misconduct in a public office after admitting that he received a bribe in his role as an administrative officer at a Magistrates' Court.

Patel pleaded guilty at Southwark Crown Court to requesting and receiving £500 to 'get rid' of a speeding charge and to other similar misconduct and offences.  Patel was sentenced to 3 years for bribery and 6 years for misconduct in a public office, to be served concurrently.

The decision of the Crown Court should dispel any thoughts that this Act does not need to be taken seriously.  Do you have policies in place to ensure you are compliant with this legislation and have your staff been trained?  The warning of a possible custodial sentence should be a deterrent to anyone considering committing an offence which is covered under anti-bribery and corruption legislation.

Business Secretary, Vince Cable, announces proposed changes to Employment Legislation

Yesterday, the Business Secretary, Vince Cable announced important changes to Employment Legislation.  As had been widely predicted, The Government confirmed that from April 2012 the qualification period for unfair dismissal will be increased from one year to two.

The announcement also confirmed changes to the Employment Tribunal system.  It is expected that anyone wanting to bring a claim via an Employment Tribunal will have to lodge a fee when registering their claim, then pay a second fee to take the claim to hearing.  Also under the proposed changes, all employment disputes would be required to go to Acas for mediation before proceeding to a tribunal.  These proposals are expected to ensure claimants "consider seriously the validity of their claim" before proceeding.

Significant changes are also proposed regarding the dismissal process in micro-businesses (those organisations with less than 10 employees).  Cable said "Many employers still feel that employment law is a barrier to growing their business.  We're knocking down that barrier today - getting the state out of the way, making it easier for businesses to take on staff and improving the process for when staff have to be let go"

However, Cable also stressed the following by saying "Let me be clear: we are not rebalancing employment law simply in the direction of employers.  Our proposals strike an appropriate balance and we are keeping the necessary protections already in place to protect employees.  Our proposals are not - emphatically not - an attempt to give businesses an easy ride at the expense of their staff."  Cable went on to say "We know that disputes at work cost time and money, reduce productivity and can distract employers from the day-to-day running of their business.  Tribunals should be a last resort for workplace problems, which is why we want disputes to be solved in other ways".  Amen to that last paragraph! 

With apologies to Employment Lawyers everywhere but I have seen the impact Employment Tribunals have on individuals and businesses alike and I agree wholeheartedly that disputes should be resolved without recourse to a Tribunal.  Having in place effective and positive HR processes is the first step to making sure this happens.

The Festive Season is fast approaching - are you ready!?

Are you having a Staff Christmas Party this year? -  If so, this is the time of year when HR are traditionally bombarded with questions about it. Many companies find this a minefield and worry about breaching numerous employment laws around this time. It's true, the staff Christmas party can be fraught with difficulties but, as always, my advice is to apply a little common sense.

• Christmas is a religious festival (although in these days of commercialism this is sometimes forgotten!). However, the staff Christmas party is generally seen as a way of thanking staff for their hard work and commitment rather than as a religious celebration. If you make this clear in communications about your party you should not offend non-Christian employees.
• Be mindful of staff who do not drink alcohol, either by choice or religion, and select the venue/theme for your party carefully in accordance with your workforce. Make sure non-alcoholic drinks are available.
• There is no doubt that alcohol can play a part in unwanted behaviour which could be deemed as harassment or discrimination. Ask someone responsible not to drink alcohol at the party so they can monitor, and deal with, inappropriate behaviour if necessary.
• Make sure that different dietary requirements are catered for, whether on the grounds of preference or religion.
• Think about the timing of your party - does it discriminate against particular groups, eg Orthodox Jews who have to be home an hour before dusk on a Friday for the start of their Sabbath.
• Your chosen venue should have adequate health & safety procedures in place but it is wise to check this yourself ahead of the event.
• Make sure physical assistance or adjustments are in place for disabled staff.
• Finally, remind your staff that they will be representing the company when at the party and therefore your policies still apply with regard to appropriate behaviour and what will, and won't, be tolerated.

You need to get these messages across to staff in a positive way so everyone has an enjoyable event but you ensure you are complying with employment legislation and your Company is covered in the event of things getting out of hand!

Happy party season everyone.

Give me a break!

"Another sunny day has come and gone away in Paris or Rome and I wanna go home ......."
As I listened to the dulcet tones of Michael Buble drifting through my iPod the last thing on my mind was wanting to go home.

Sitting in the glorious Majorcan sunshine, looking out over olive groves across a cloudless blue sky to the pine clad mountains in the distance, why would I want to go home!?  For one lovely week I was able to escape the persistent rain back home and completely recharge myself.  So, now I'm back and ready to start work again with renewed vigour.

It's a fact that we all work better if we are able to escape our normal routine for a while.  We all have different ideas about how to spend our leisure time, whether it's trekking in the hills, lazing in the sun, spending time with children / family / friends or just decorating the hall.  However you chose to relax, taking time off work is vital to your well-being.

So, to all responsible employers out there, now is the time to check the holiday records of your staff.  If some of them haven't had a break for a while, it's time to encourage them to do so.  Especially if you have a 'use it or lose it' policy regarding holiday entitlement.

If your staff have a good balance between their work and personal time they will more than likely repay you by being happier, healthier and more productive.

Increase in the National Minimum Wage

With effect from 1 October 2011 the National Minimum Wage will increase as follows:

• the main rate for workers aged 21 and over will increase to £6.08
• the rate for 18-20 year olds will increase to £4.98
• the rate for 16-17 year olds will increase to £3.68
• the rate for apprentices under 19 years old, or over 19 years and in the first year of their apprenticeship, will increase to £2.60

Now is the time to review your salaries to ensure you are still complying with legislation.

Do your staff enhance or damage your business reputation?

Yesterday was an interesting day.  The Transport Minister has referred to rail travel as a 'rich man's toy'.  Well I am neither male nor rich but I forked out for a first class ticket from Manchester to London for a 'women in business' trip to Westminster and the Houses of Parliament.

The train journey, both there and back, was anything but a first class experience.  The staff on the outbound train were, at best, surly and disinterested and at worst, just plain rude.  The breakfast, however, was good so that was some compensation.

On the return trip, 20 tired but happy ladies boarded the train at Euston and took up our reserved seats in 1st class, only to be told by the train manager that there was no food or provisions for us, other than tea or coffee, because we weren't expected.  So how does that work when you have a seat reservation?  The staff on this train, to their credit, coped very well with our complaints and did their best to pacify us.  Eventually, after much protestation from 20, now unhappy, ladies some wine was conjured up, along with the odd can of coke, packet of crisps and piece of cake.

Compare this then with the staff at Westminster.  The catering and security staff were exceptional.  Totally professional with impeccable manners but friendly and approachable too.  A difficult balance, expertly achieved.  Lunch on the terrace at Westminster overlooking the river Thames was a joy.  As was the opportunity to speak to the small number of MPs who graced us with their presence.  What a pity the Transport Secretary was nowhere to be seen!

The Agency Workers Regulations are only a couple of weeks away - are you ready?

With effect from 1 October 2011 the regulations relating to agency workers will change, bringing with them implications for both the agencies who supply staff and the companies who utilise their services.

From day 1 of appointing an agency worker you must give them access to facilities such as a staff canteen, a workplace crèche, staff common room, prayer room etc, as you would a permanent employee. In addition, you will be obliged to give agency workers access to information regarding job vacancies within the business.

After 12 weeks the agency worker will be entitled to equal treatment in relation to pay and other basic working conditions, such as annual leave/rest breaks, as your permanent employees. In addition, pregnant agency workers who have completed the 12 week qualifying period will be entitled to paid time off for ante natal appointments.

The regulations are comprehensive. There are some exceptions to the above guidelines and the 'qualifying clock' relating to the 12 week period will stop in certain circumstances.  However, in others, the qualifying clock will only pause. 

Whether you are a regular user of agency workers, or only an occasional user, you need to make sure you are up-to-date and compliant with the new legislation.  Don't get caught out. If in doubt, seek advice.

Mindless vandalism and violence against innocent victims!

I have my own, very strong, views about the mindless vandalism and violence occurring across the UK, however, as you would expect, I also look at this from an employment point of view.

Most of us will, no doubt, wish to adopt a 'business as usual' approach to send a clear message to those who have instigated this disruption to our Country.  For some, this will be impossible because of the extent of the devastation to their homes and businesses.  My heart goes out to you.

I left Manchester yesterday about 10 minutes before the violence escalated in the City centre.  Salford was already under siege and the roads were grid-locked.  I can't begin to put into words my thoughts on this.  I feel for everyone touched by these senseless acts.  Who could not fail to react to the images of a woman jumping from a burning building, hopefully into the arms of those waiting below.  The sight of the delightful patisserie, a relatively new business, which brings a touch of European flair to Manchester City centre once the vandals had finished with it made me feel very sad.

So, what can employers expect in the coming days?  Staff will naturally be worried for their safety in areas that have already been targeted.  Others will suffer disruption to their journeys to and from work because of the impact on public transport and the road network.  I recommend that employers adopt a flexible approach during this time.  Most of the riots have occurred from late afternoon.  Allow staff to finish earlier in order to get home safely.  Give them the option of making up the time or, if appropriate, working from home.  If August is historically a quiet month for your business, consider allowing more staff to take holidays.

For those businesses that cannot open because of damage to premises, consider if staff can be redeployed to alternative duties.  Will they help with the clean-up?  Check your employment contracts to see what flexibility there is.

Business has to continue - and in the current economic climate, this is the last things any business needs.  However, your safety and that of your employees should be paramount.

Let's hope we've seen the worst of this dreadful situation and we can all get back to normality and feeling safe in our homes.

Networking works!

Today's message is short and simple - networking works!

It's been a while since I last blogged.  Apologies, I've been busy networking and then doing the work that has resulted from my efforts.

Networking doesn't have to be daunting, just ask Will Kintish, it can be fun!

When you land a new job or client it is very rewarding.  I've made some great contacts through networking and met some really nice people.  In the last couple of months I've been appointed by 3 new clients, all of whom I'm delighted to be working with and all of whom I met through networking.  The feedback from them is that they are delighted with the services I have provided.  One of these clients has already recommended me to one of their clients, who have also appointed me.  And so it goes on ........

So what are you waiting for, get out there and mingle!