Tag: ACAS

New study reveals one in four employers are not giving staff paid time off to get COVID vaccinations

New research by Acas has found that a quarter of British employers have not been giving their staff paid time off for COVID-19 vaccinations and have no plans to allow it.

Acas commissioned YouGov to ask businesses in Britain about whether they would be giving staff paid time for COVID vaccination appointments. The poll found that:

  • Six out of ten (59%) have been giving staff paid time off;
  • 4% have not been doing it but plan to in the future; and
  • 18% did not know.

Acas advice is that employers should support staff to get the vaccine once it is offered to them. This support could include ensuring employees have paid time off for COVID vaccine reasons.

Susan Clews, Acas Chief Executive, said: “The vaccine rollout programme has gone well and our survey reveals that most employers have allowed staff paid time off to get the jab but a quarter have not.

“Our study also reveals that a similar number of bosses have not paid full company sick pay to staff who have been unable to work due to side effects from the vaccine.

“It’s in businesses best interests to have a vaccine policy that supports staff to take time off as fully vaccinated workers are less likely to need longer periods of time off work to recover from COVID-19.”

The poll also asked businesses about whether they would be paying full company sick pay to staff who are off sick with COVID vaccine side effects.

It found that:

  • A quarter (26%) had not been paying full company sick pay and had no plans to change;
  • Half (50%) were already paying full sick pay;
  • 6% have not been doing it but plan to in the future; and
  • 12% did not know.

To support staff to get the vaccine, Acas advice is that employers may want to consider paid time off for vaccination appointments and paying staff their usual rate of pay if they are off sick with vaccine side effects.

Some organisations may have a review or ‘trigger’ point to keep track of sickness absence for their staff. Acas advice is that employers could consider not counting vaccine-related time off sick as part of this absence record system.

For Acas’s full advice, please see: www.acas.org.uk/coronavirusvaccine

Acas urges workers to speak to their bosses about taking holidays

4 in 10 report taking less time off during pandemic

New research by Acas has found that around 4 in 10 British employees (39%) have taken less paid time off work during the pandemic compared to before it started.

Acas commissioned YouGov to ask British employees workers about how much annual leave or paid time off they had taken since the start of the pandemic when compared to previous years. The poll also found that the results varied depending on the size of the organisation:

Acas advice is that it is important for people to take time off to get rest, to keep both physically and mentally healthy and to use their holiday entitlement within their current leave year where they can.

Susan Clews, Acas Chief Executive, said: “Our poll findings are unsurprising as many workers may have taken advantage of a new law introduced last year, which allows them to carry over most of their paid time off into this year.

“Whilst the easing of pandemic restrictions is good news for many businesses, many staff will be keen to use up the leave they have saved up to take advantage of the summer season.

“Acas advice is for employees to agree any holiday plans with their managers and keep them updated on any new COVID developments that could impact work such as travel quarantine or being asked to self-isolate.”

Acas has advice for employers and employees on taking leave, what the rules are and what has changed as well as information on what to do if you need to self-isolate when returning from abroad.

In 2020, the Government introduced a law allowing employees and workers to carry over up to four weeks statutory paid holiday into their next two holiday leave years. This law applies for any holiday that staff do not take due to COVID-19.

Acas advice on taking paid time off includes:

  • Workers should try and make requests for paid holiday throughout their holiday year;
  • If holiday plans suddenly change due to COVID-19 then employees should get in touch with their boss to agree alternative options for time off; and
  • Get any time off requests in as soon as possible as employers need to plan staff cover for their businesses and are unlikely to agree staff all taking holiday at the same time.

It’s important to check the latest Government guidance before and after travelling:

  • People who need to self-isolate should not leave their home to go to work but can work from home if it’s agreed with their employer;
  • If an employee cannot do their job from home, they should talk to their employer to agree what type of leave to use;
  • Employees and workers are not entitled to Statutory Sick Pay (SSP) if they’re self-isolating after travel abroad and cannot work from home. But an employer can choose to pay them sick pay at the same rate as SSP or a higher rate if they want to.

For the full Acas advice on paid time off please visit, https://www.acas.org.uk/holiday-sickness-leave and for self isolation please visit, https://www.acas.org.uk/coronavirus/self-isolation-and-sick-pay

Half of employers expect more flexible working requests from staff after pandemic

A new survey from Acas has found that half of employers in Great Britain expect an increase in demand for flexible forms of working from employees after the country comes out of the Coronavirus (COVID-19) pandemic.

Acas commissioned YouGov to ask British businesses about changes to working practices that they are expecting once the COVID-19 pandemic is over compared to before the pandemic. The poll found that:

  • Over half of employers (55%) expect an increase in staff working from home or remotely part of the week; and
  • Nearly half of employers (49%) expect an increase in staff working from home or remotely all week.

Acas has published new advice on hybrid working that can help employers introduce it and manage requests from staff who wish to split their time between working remotely and in their employer’s workplace.

Acas Chief Executive, Susan Clews, said: “The pandemic has greatly impacted working life and it’s unsurprising that many employers and their staff have seen the benefits of flexible working during this difficult period.

“Hybrid working existed before Covid and our survey reveals that more than half of employers in Britain expect this type of flexible working to increase once we come out of the pandemic.

“Our new advice can help employers look at the potential benefits of hybrid working, consider whether it is suitable for their workplace, and fairly manage any staff requests.”

Acas advice is that hybrid working can help businesses attract and retain staff as well as increase staff productivity as the flexibility allows them to balance work and personal responsibilities.

Employees can benefit by saving costs and the time spent travelling to work as well as enjoying a better work life balance.

Acas’s advice for employers includes:

  • Consult widely with staff or their representatives about introducing hybrid working and discuss practical considerations such as regular communication, technology, performance management and health and safety;
  • A company hybrid working policy could look at which roles are eligible, how someone can request it and any principles such as allowing remote working for a maximum number of days a week;
  • Ensure staff who are working remotely are not excluded and have access to the same opportunities as those in the workplace such as team building activities, training and development;  
  • Decisions around whether to approve a request for hybrid working should be fair, transparent and other forms of flexible working that could work as possible alternatives can be discussed with employees;
  • Think about training line managers and staff to help them prepare for and manage hybrid working; and
  • Consider a trial period to see if it works and if any further adjustments to arrangements are needed.

For Acas’s full advice on hybrid working, please see: www.acas.org.uk/hybrid-working

Acas insight into Fire and Rehire

The Department for Business, Energy and Industrial Strategy (BEIS) asked Acas to conduct an evidence gathering exercise to learn more about the use of fire and rehire practices.

This was published yesterday and contains views from a range of participants about their experiences on the use of fire and rehire.

Acas Chief Executive, Susan Clews, said: “Our findings provide valuable insight into the use of fire and rehire practices. We gathered a range of views from professional bodies with workplace expertise, including trade unions and employer organisations.

“Some of the participants told us about the business challenges of COVID-19 and how the use of fire and rehire can help reduce redundancies. Others believe that the practice is unacceptable, and that the pandemic has been used as a ‘smokescreen’ to diminish workers’ terms and conditions.

“There was also evidence that fire and rehire practices have been used for many years and predate the pandemic. We will take up the government’s request to produce further guidance that encourages good workplace practices when negotiating changes to staff contracts.”

Read the findings in ‘Dismissal and re-engagement (fire-and-rehire): a fact-finding exercise‘.

Transport chaos looms as Lothian Buses set for strike action

Lothian Buses staff have voted to take strike action. Unite, their trade union, had recommended acceptance of the deal but unless a last ditch agreement can be found strike act will begin at 03:00am on Friday morning – the first day of the Edinburgh Fringe. Continue reading Transport chaos looms as Lothian Buses set for strike action

£15.6 million underpayment identified for workers on the minimum wage

More than 200,000 workers who were paid less than the minimum wage have been identified following a record government clampdown.

  • Record £15.6 million of underpayment identified for more than 200,000 workers
  • Employers fined unprecedented £14 million for not meeting legal obligations
  • More than 600 employers named in 2017/18 as part of ‘naming’ rounds
  • Ramped up efforts by HMRC to crackdown on underpayment and boost compliance

Her Majesty’s Revenue and Customs (HMRC) achieved record enforcement results this year, identifying £15.6million of underpayments.

The number of workers identified as underpaid was double that in 2016/17 and the highest number since the National Minimum Wage came into force. In every case, the government instructs employers to repay their workers and enforces the return of the missing cash.

The rise in cases follows increased efforts by HMRC to promote compliance and improve employer awareness of the minimum wage.

Business Minister Kelly Tolhurst, said: “We are dedicated to stopping underpayment of the minimum wage. Employers must recognise their responsibilities and pay their workers the money they are entitled to.

“The UK’s lowest paid workers have had the fastest wage growth in 20 years thanks to the National Living Wage and today’s figures serve as a reminder to all employers to check they are getting their workers’ pay right.”

Over the past year, 56 employers took advantage of a HMRC pilot scheme where employers were encouraged to come forward outside of an investigation. This resulted in nearly £250,000 in arrears being declared for just under 700 workers.
The year also set a new record for penalties issued by the government, with £14 million in fines issued to employers.

More than 600 employers who were found to have underpaid their workers the minimum wage were named in 2017/18. This is the largest number in any single year since the scheme began in 2014.

This year, the social care, retail, commercial warehousing and gig economy sectors have been prioritised by HMRC for enforcement of the minimum wage. This is alongside employment agencies, apprentices and migrant workers. These sectors are where non-compliance with National Minimum Wage is believed to be more widespread.

Penny Ciniewicz, HMRC Director General of Customer Compliance, said:
“HMRC is committed to ensuring that workers receive the wages they are legally entitled to, irrespective of their employer’s size or business sector, and today’s figures highlight our success over the last year.

“If anyone thinks they are not receiving at least the minimum wage, they can contact the Acas helpline on 0300 123 1100 in confidence or submit a query online through our complaints form.”

Low Pay Commission Chairman Bryan Sanderson said: “All workers are entitled to be paid at least the minimum wage, so it is good to see increased focus on enforcement bearing fruit and securing more arrears for more workers.

“Awareness of the minimum wage is vital for workers and employers alike, and strong enforcement is critical to its success.”

Funding for minimum wage enforcement has reached record levels, rising to £26.3 million in 2018/19 from £20 million in 2016/17.

For more information about your pay, or if you think you might be being underpaid, get advice and guidance at www.gov.uk/checkyourpay. Workers can also seek advice from workplace experts Acas.

 

Unfairly sacked? That’ll be £160, please!

despairWestminster Government introduces fees for employment tribunals

Bringing a claim or an appeal to the employment tribunal is currently free of charge with the full cost being met by the taxpayer, but the government has now introduced fees, claiming that by doing this people using employment tribunals will meet ‘a significant proportion’ of the £84m cost of running the system. Their aim, they say, is to reduce the taxpayer subsidy of these tribunals by transferring some of the cost to those who use the service, while protecting access to justice for all.

The Advisory, Conciliation and Arbitration Service (ACAS) – a taxpayer-funded service to help workers and businesses settle disputes without the need to go to a tribunal – will remain free, but if agreement cannot be reached at that stage and the claim is taken further significant costs will now be incurred.

Workers will have to pay £160 or £250 to lodge a claim and a charge of either £230 or £950 if their case goes ahead.

Minister Jonathan Djanogly said: “It’s not fair on the taxpayer to foot the entire £84m bill for people to escalate workplace disputes to a tribunal. We want people, where they can, to pay a fair contribution for the system they are using, which will encourage them to look for alternatives.

“It is in everyone’s interest to avoid drawn out disputes which emotionally damage workers and financially damage businesses. That’s why we are encouraging quicker, simpler and cheaper alternatives like mediation.”

Critics of the charges argue that the new charges will dissuade many employees from making legitimate claims about workplace discrimination and there is concern that, once again, it is the poorest and most vulnerable that will suffer.

TUC General Secretary Brendan Barber said: “It is vital that working people have fair access to justice, but introducing fees for tribunals will deter many – particularly those on low wages – from taking valid claims to court. Many of the UK’s most vulnerable workers will simply be priced out of justice.

“The government’s remission scheme to protect low-paid employees is woefully inadequate, and workers will be more likely to be mistreated at work as rogue bosses will be able to flout the law without fear of sanction.”

Responding to a consultation on the controversial proposals, Citizens Advice Scotland’s Kevin Dryburgh said: “Employment tribunals are an essential service for all workers and employers in the UK. It is not just successful claimants who benefit – all employers and workers benefit from a service that protects workers, discourages rogue and exploitative employers, and ensures a level playing field for good employers.

“Far from being a costly burden on employers and tax payers, employment tribunals play a key role for all those in work. Placing barriers to accessing Employment Tribunals will affect the effectiveness of the service in providing this role.”

Trade union UNISON is fighting the fees and has been given permission to seek a judicial review. The hearing will take place in October.bigben