,

Get up to date with latest statutory payment changes – April 2023

Embrace HR Aylesbury staff payment changes

As April gets closer, make sure you are up to date with the changes in minimum wage rates and other statutory payments for the tax year 2023/2024.

It is not long until April, and of course for anyone involved in HR or employing people, knowing the annual change in rates for the National Living Wage and other statutory payments is vital. Below we outline some of what you need to know:

 

National Living Wage

From 1 April 2023, the National Living Wage (NLW) will increase from £9.50 per hour to £10.42.

 

The National Living Wage (NLW) and National Minimum Wage (NMW) from 1 April 2023 are:
  Current Rate £

(1.4.2022 to 31.3.2023)

 Rates £

From 1.4.2023
National Living Wage 9.50 10.42
21-22 year old rate 9.18 10.18
18-20 year old rate 6.83 7.49
Aged under 18

(but above compulsory school leaving age)

 4.81 5.28
Apprentice aged under 19 4.81 5.28
Apprentice aged 19 and over, but in the first year of their apprenticeship 4.81 5.28

 

 Apprentices

Apprentices are entitled to the apprentice rate if they’re either:

  • aged under 19
  • aged 19 or over and in the first year of their apprenticeship

 

Apprentices are entitled to the minimum wage for their age if they both:

  • are aged 19 or over
  • have completed the first year of their apprenticeship

 

 Statutory Pay for Parents 

From April 2023, Statutory Maternity Pay (SMP) after the standard six weeks of 90% of pay is £172.48 or 90% of the employee’s average weekly earnings, whichever is lower. Note the same rate also applies to Statutory Paternity Pay and Statutory Adoption Pay.

 

Statutory Sick Pay

From April 2023 Statutory Sick Pay (SSP) will increase to £109.40 per week.  How much you need to pay an employee depends on the number of qualifying days they normally work each week and how many days they were off sick.

 

Further information can be obtained from the government website or by following this link  https://www.gov.uk/guidance/rates-and-thresholds-for-employers-2023-to-2024

 

If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761288 or contact us here.

If you would like to receive our newsletter, please sign up here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, from recruitment through to exit.

 

 

,

Part-time workers’ holiday entitlement – keeping up with changes

With a significant Supreme Court judgement set to reform how part time workers’ holidays are calculated – and a Government consultation on this currently underway – employers must ensure they are on top of this fast-changing situation.

Here, we look at the current situation and how Employers should review their current policies and procedures ahead of any further changes.

Part-time workers are set to see changes in their holiday entitlement, which employers must ensure they are aware of to stay on top of their legal obligations.

Following a recent judgement from the Supreme Court, a consultation over holiday entitlement for part-year and irregular hours workers is being launched.

The Harpur Trust v Brazel case concerned the calculation of holiday pay and entitlement of a permanent part-year worker on a zero-hours contract. The judgment held that the correct interpretation of the Working Time Regulations 1998 is that holiday entitlement for part-year workers should not be pro-rated so that it is proportionate to the amount of work that they actually perform each year.

Part-year workers are entitled to 5.6 weeks of statutory annual leave, calculated using a holiday entitlement reference period to determine their average weekly pay, ignoring any weeks in which they did not work.

As a result of this judgment, they are now entitled to a larger holiday entitlement than part-time workers who work the same total number of hours across the year.

Employers are urged to take part in the Government consultation, ahead of a probable overhaul of their part-time worker holiday policy – but here, we look at the current situation and how to ensure you are compliant in meeting your obligations.

Current entitlement

Under the Working Time Regulations 1998 (WTR), all workers (this includes employees) are entitled to 5.6 weeks’ annual leave. For someone who works five days a week, this is 28 days. 28 days is the maximum statutory annual leave that must be given. Complications have arisen over the years in calculating this for those who work for less than five days a week, or less than 52 weeks in a year.

For part-time workers, working 52 weeks a year but less than five days, the solution is simple: their weekly days or hours worked are multiplied by 5.6 to get their yearly entitlement. For those who are not required to work for 52 weeks in the year, but are permanently employed (i.e., not on a fixed term contract), things are less clear. In the Harpur Trust v Brazel judgment, the Supreme Court ruled that part-year workers must be given 5.6 weeks annual leave, but this cannot be prorated in accordance with the number of weeks they work in a year – consultation is now underway by the Department of Business, Energy and Industrial Strategy (BEIS).

Pro-rated holidays

A part-year worker is anyone who doesn’t work every week of the year, such as someone on a term-time only contract. A part-time worker is anyone who works every week of the year but on fewer days or hours than a full-time colleague. A part-time pattern might mean they work three days per week instead of five, or 4 hours per day instead of 8, but they work 52 weeks per year.

It is important to understand the difference between a part-year worker and a part time worker as the holiday calculation is different for each. Annual leave can be pro-rated for a part-time worker. This is anyone who works 52 weeks per year but on less days/hours than a full-time colleague. For example, someone who works three days per week instead of five. This person would be entitled to 16.8 days’ annual leave instead of 28 days (5.6 x 3 = 16.8 days). Annual leave can also be pro-rated for fixed-term contracts, where there is a clearly agreed date for when the employment will end.

For example, if an employee is contracted to work for three months only to cover a busy period (e.g., summer holidays), their holiday entitlement will be 1.4 weeks. This is worked out by dividing 5.6 by 12 months then multiplying by three months (5.6/12 x 3 = 1.4wks). Finally, annual leave can be pro-rated for new starters and for leavers (e.g., someone who starts and/or leaves during an annual leave year), so that the entitlement is only based on full months worked under the contract. However, the Supreme Court judgement was clear that the amount of leave for part-year workers under a permanent contract must not be pro-rated to be proportional to that of a full-time worker. Therefore, zero-hours, variable hours, casual, agency and term-time staff should all get 5.6 weeks’ leave per year. What will the current Government consultation reveal?

Calculating leave entitlement and holiday pay

All employees are entitled to 5.6 weeks paid annual leave. As such, there should be no need to do any further calculations to work out accrual or entitlement (unless for part-time or fixed-term staff). The percentage method (where 12.07 per cent of the hours worked / pay received is used to determine holiday entitlement and pay) should not be used for any holiday calculations.

You must have measures in place to keep track of what entitlement has been used so far in the holiday year (in the same way you might do for full-year staff) and ensure everyone takes their full 5.6 weeks’ leave. Holiday pay should be paid at the normal rate of pay. Where weekly pay varies (for example, for workers on a zero-hours contract), you should calculate holiday pay based on an employee’s average weekly earnings over the previous 52 paid weeks. The reference period must only be weeks for which the worker was actually paid.

It must not include weeks where they were not paid as they did not work. It should also not include any weeks where “normal” pay was not received, for example, because they were on sick leave and they received sick pay.

You can go back for a maximum of two years (104 weeks) to obtain the relevant 52 weeks’ pay data.

In the event that the employer does not have 52 weeks data from the previous 104 weeks, then the reference period becomes the number of weeks’ worth of data available.

Example calculation – Average weekly pay

Add earnings from previous 52 working weeks / 52 = average weekly pay Pay for holiday period = average weekly pay x no. weeks’ holiday For example, if an employee’s average weekly pay is £100 and they want to take 2 weeks’ holiday: £100 x 2 = £200 holiday pay. This calculation should be re-done at the beginning of every holiday period.

Rolled up holiday pay

Government guidance states that holiday pay should be given at the time when annual leave is taken and that an employer cannot include an amount for holiday pay in the hourly rate. It also states that if a current contract still includes rolled-up pay, it has to be re-negotiated. In the past, employers could try to use rolled up holiday pay by being transparent with employees and ensuring they are given time off. But, employees could still raise a claim if they think they had been prevented from taking their annual leave.

However, since rolled up holiday pay typically uses the 12.07 per cent method to calculate accrual, the Supreme Court’s judgment that this should not be used adds extra risk. As such, it is best to reach alternative agreements with affected staff and ensure they are given 5.6 weeks’ annual leave with the pay for this leave given at the time the holiday is taken.

Holiday calculations – resolving errors and new approaches

Payment in lieu

Payment in lieu of statutory minimum entitlement (5.6 weeks) is not allowed unless employment is terminated. You must let employees take the full 5.6 weeks leave within the current holiday year and pay for leave at the time it is taken.

Backpay for previous years

If you have been calculating pay incorrectly (e.g., by using the 12.07 per cent method rather than taking a 52-week average), it is possible that you may owe employees compensation for underpayment of holiday pay. You can proactively take steps to provide the employee with backpay. Some employers may try to take the “wait and see approach” and let employees raise this, but this might not be possible for unionised environments since the union will likely be in contact to campaign on behalf of the employees they represent to get backdated pay. It is important to remember that not taking action could significantly increase the risk of unlawful deduction from wages claims being raised by employees.

When calculating what backpay is due, you will need to assess what was paid using the 12.07 per cent method and what should have been paid by taking a 52-week average; the compensation for underpayment of holiday pay will be the difference between these two figures. Where an employee or union request that backpay is given for previously underpaid holiday, it is likely you will have to do so, otherwise you are at significant risk of receiving an unlawful deduction from wages claim. Usually, an unlawful deductions claim must be paid within three months of the last deduction, or in this case, within three months of the last holiday pay payment.

But, given the scope of the situation, tribunals might allow employees to bring a claim within three months of the end of the holiday year in which holiday pay was calculated incorrectly.

The tribunals claims backlog is significant at present. Additionally, there are the risks of disrupting employee relations, thus reducing productivity, engagement and satisfaction, as well as action from trade unions.

Consequences of failing to give sufficient holiday

Not providing the full 5.6 weeks entitlement will be in breach of the law and is not recommended.

In this situation, there is a significant risk of tribunal claims, industrial action, employee grievances and resignations. There could also be wider implications for the organisation’s reputation with the general public.

Alternatives to part-year contracts

Term-time, variable-hours and zero-hours contracts, like any other type of contract, have their pros and cons. It is useful to consider why you are introducing a part-year contract in the first place. Is it because you only need someone to cover busy periods, like summer or Christmas, or term time? If so, a fixed-term contract or annualised contract may be a more effective alternative. If you want to continue having staff available year-round, and only call on them as and when needed, zero-hours and variable-hours agreements may be beneficial but consider all the terms involved. As such, it is worth understanding each of the different types of contracts and considering which is most appropriate for your workers.

If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761288 or contact us here. If you would like to receive our newsletter, please sign up here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, and small businesses, from recruitment through to exit.

Seven Tips to Help Manage Maternity Leave

Embrace HR Aylesbury Maternity Leave pexels-sarah-chai-7282776

Cecily Lalloo, Managing Director of Embrace HR, a consultancy specialising in HR support to Deputies and Case Managers, says that maternity leave can be a tricky time; both for the expectant mother dealing with pregnancy, and for the employer responsible for managing the employee while they are off.

The scenario

The recruitment campaign has been on-going for a while. The ideal candidate, Wilhelmina, is offered the job, and accepts, and a start date is agreed. An offer is sent to her along with all the necessary requirements for checks such as DBS, drivers’ licence, pre-employment health questionnaire. The start date is arranged, and a contract is drafted and sent, as well as mandatory training information. Wilhelmina powers through her training and probationary period, she settles into the role and three months later she informs her manager that she is pregnant. This may be an inconvenience to the organisation and the team. However, it is a time of celebration for Wilhelmina as it is her first pregnancy. She is anxious and excited. As an employer it is important to acknowledge how she feels and to support her as much as possible while she continues to do her job.

Here are our 7 Tips

  1. Breathe – when you hear the news!
  2. Don’t make comments about the short length of time she has been with you or how the training has just finished, and it is inconvenient.
  3. Congratulate Wilhelmina, ask how she wants her news to be conveyed to colleagues. She may not want anyone to know just yet. She may want to convey the news herself. If her work requires lifting and handling, she may need to advise colleagues earlier rather than later.
  4. Advise her that she must notify you formally in order to benefit from maternity leave and pay. It is helpful to send her information so that she has a guide of what to notify and by when.
  5. Remember to let your HR adviser or manager know that she is pregnant, ensuring that Wilhelmina agrees. Keep in touch with HR and advise any changes so they can advise you. A maternity pack should be available to Wilhelmina as there are certain dates that need to be met.
  6. A risk assessment for pregnant mothers must be undertaken. This is best done by someone who works closely with Wilhelmina. The risk assessment should be reviewed periodically throughout the pregnancy. When Wilhelmina returns to work, a new mother’s risk assessment should be undertaken.
  7. Discussions about holidays, time off for antenatal visits and maternity leave dates need to be diarised and discussed, and cover for absences arranged.

What you should know

The same statutory obligations apply to managing maternity leave whether the organisation is small or large. Whether there are 2 workers or 2,000 workers.

Often there is more than one person who is pregnant or on maternity leave at the same time. It is important to manage the process carefully. There will be many conversations as changes take place, not least if baby arrives early, your worker is ill. Speak regularly with your pregnant mother so that the management of her time at work and the absences are covered as well as possible. Remember that if you decide on a temporary worker to cover whilst she is away, that person must not be offered the role permanently. If there are any changes to her job role, communicate with her.

Ensure that you arrange how your employee would like to be communicated with whilst on maternity leave. Women on maternity leave can often feel isolated from what is happening at work so it is important to make sure they still feel part of the team. There is a balance to be struck, let her know what you will contact her about and that you or your HR person can be contacted at any time.

Have a discussion before your worker starts their maternity leave about how much contact they would like, as preferences will vary. Send news updates and invitations to social events and make sure you keep them informed of any important team decisions. However, if you want to ask them to attend work or carry out some trainings then do so via Keeping In Touch (KIT) days if they are interested.

Pregnancy should be a happy time for your workers who will be going through many changes. However, it is a normal life event, and most people can work long into their pregnancy with the right management and adjustments. Adjustments that may be necessary for shift workers are different working times and refresher training in lifting and handling or remove some elements of the job and replace with others. Occasionally, if adjustments cannot be made, suspension may be necessary. Speak with HR before taking this decision.

Provided you understand the minimum legal requirements, the best way to show support as an employer is through excellent communication. The more your employee feels they can be open about their preferences and intentions, the better placed you will be to respond.

It is important that the maternity leave process is started as soon as notification of a pregnancy is received.

If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761288 or contact us here.  

If you would like to receive our newsletter, please sign up here. 

Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, and small businesses, from recruitment through to exit. 

 

Annual Leave – Planning For the End of the Annual Leave Year

As we are now approaching the end of the calendar year, if your holiday year runs from 1 January to 31 December, we recommend that you review the annual leave position for your employees.

Annual leave is for rest and recuperation from work, and the rules that govern this are the Working Time Regulations 1998 and The Working Time (Amendment) Regulations 2007. These rules were originally based on the EC Working Time Directive, which has been amended from time to time. We need to keep an eye on future changes following Brexit.

As it is now only three months to year-end, planning a holiday makes it easier to ensure that your organisation is still staffed to meet its needs.

Many organisations close their doors during the holiday period in December, and it is a good idea to remind staff of the plans over this period.

What you need to do now

You will need to work out how much annual leave each employee still has left to book and take before the end of the year.

Remind your employees to book and use their full annual leave entitlement within the leave year.  Explain that leave is very important for health and wellbeing, as well as allowing them time to relax away from the workplace.

Advise your staff in good time of any policies or contractual obligations if any leave may be carried over to the next annual leave year, or if any untaken leave will be lost.

Written communication to staff is advisable so that it is clearly stated what needs to be done in the next three months.

When can holiday be carried over?

There are a number of reasons why a holiday can be carried over to the next holiday year. These include:

  • During the COVID-19 pandemic, the government relaxed the carry-over restrictions. If a worker was unable to take leave, they could carry over and use that holiday over the next 2 leave years;
  • When on statutory maternity or adoption leave – note that annual leave cannot be taken at the same time that staff are on maternity or family leave;
  • When on long-term sick.

It is important to refer to the employment contract or company policies regarding the taking of holiday, especially where the annual leave entitlement has been enhanced. Organisations may allow for carry-over of a portion of the enhanced holiday entitlement, provided the statutory entitlement has already been taken.

Can you pay in lieu of untaken holiday?

There are times when employees have not taken their full entitlement during the holiday year and ask if they may be paid instead.

It is unlawful to pay in lieu of untaken holiday, unless on termination of employment.

Can you request your staff to take holiday?

An employer may request staff to take holiday if it is convenient for their organisation. However, we would recommend that contracts or policies be checked as well. If a request is made to an employee to take holiday, notice must be double the amount of time that is requested to be taken.

Communication

Annual holiday is an emotive subject. It is important to keep accurate records of holiday taken and holiday accrued. It is recommended that regular conversations take place around well-being which includes time off such as annual leave.

 

If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761288 or contact us here.  

If you would like to receive our newsletter, please sign up here. 

Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, and small businesses, from recruitment through to exit. 

 

What You Need to Know About Maternity Leave and Pay

Baby and parent holding hands

There is much to consider when an employee tells you that they are pregnant. Firstly, they may not want everyone in the organisation to know, so ensure that they have told their colleagues before it is broadcast. Both maternity leave and pay are governed by statutory regulations, so it is important to know how to manage time off due to pregnancy and how to calculate pay.

Taking maternity leave

Where a worker has at least 26 weeks’ continuous service, they are entitled to take up to 52 weeks’ maternity leave. The first 26 weeks’ leave is referred to as ordinary maternity leave (OML), followed immediately, if they choose, by 26 weeks of additional maternity leave (AML).

If they are entitled to maternity leave and pay, they can choose to start it from either:

  • up to 11 weeks before the baby is due, or
  • the day of the birth

The worker must tell the employer the date they plan to start maternity leave no later than 15 weeks before the baby is due.

After the baby is born, they must (by law):

  • start maternity leave (if they have not already)
  • take off from work at least 2 weeks (4 weeks if they work in a factory) – this is known as ‘compulsory maternity leave’
  • take their maternity leave in one go.

Maternity leave ends when the worker returns to work.

Click here for the Government website, where you will find more details about maternity pay and leave.

Follow the link for more information from ACAS.

 

The rules are different for Shared Parental Leave (SPL)

Click here for the Government website, where you will find more details about SPL.

Changing the start date of maternity leave

The worker must give the employer 28 days’ notice (or agree a new date together) if they wish to make a change to the agreed date.

Maternity leave can start early if:

  • the worker is absent from work because of pregnancy-related sickness in the 4 weeks before the baby is due, or
  • the baby is born earlier than expected or is premature

 

Maternity Pay

Statutory Maternity Pay (SMP)

The worker will qualify for Statutory Maternity Pay (SMP) if all the following apply:

  • they have been working continuously for 26 weeks for the same employer before the ‘qualifying week’
  • they earn at least £123 a week on average for 8 weeks before the qualifying week.

If they have more than one employer, they might be able to claim SMP from each one, if eligible.

Statutory Maternity Pay (SMP) is paid for 39 weeks:

  • for the first 6 weeks, pay is 90% of average weekly earnings
  • for the following 33 weeks, pay is 90% of average weekly earnings or £156.66* a week, whichever is lower
  • the remaining 13 weeks are unpaid

*Maternity Pay is reviewed, usually on an annual basis around April of each year. The figures quoted in this article are relevant at the time of writing, in August 2022.

Enhanced maternity pay

An employer may choose to enhance Statutory Maternity Pay by providing more pay over a period of time. For instance, some employers provide 90% of pay over 12 weeks or more. Each organisation will set out their policy in their contract of employment or policies.

Maternity Allowance

Where the worker is eligible for SMP, they may still qualify for Maternity Allowance.

Click here for more information about maternity allowance, which can be found on the Government website.

 

Holiday and maternity leave

Holiday entitlement will continue to accrue during maternity leave. Embrace HR encourages employers to discuss and agree, as early as possible, when accrued leave should be taken. This conversation will help to manage the worker’s return to work with the intention of minimising disruption. An example is to arrange for holiday that is accrued up to the time of intended maternity leave to be taken before that date if it is convenient to the worker and the organisation.

Many workers take their accrued leave at the end of maternity leave, before returning to work, or may use leave to ease themselves back into work on a part-time basis. There are many options to be discussed.

 

During maternity leave

Keeping in touch during maternity leave

The employer has the right to a reasonable amount of contact with the worker during maternity leave, especially to keep them informed of any changes to their job role or to the organisation.

Discuss and agree on the best method of communication prior to the start of maternity leave.

Keeping in touch days

The worker may work for up to 10 days during maternity leave to help stay in touch with the employer. These are called keeping in touch (KIT) days.

It’s up to the worker to agree with the employer:

  • if they want to work KIT days
  • how many KIT days they will use
  • what type of work will be carried out on the KIT days
  • how much they will be paid for the work (this cannot be below the National Minimum Wage)

Redundancy

It’s against discrimination law for an employer to make a worker redundant just because they are pregnant or on maternity leave.

 

Returning to work after having a baby

The right to return to work

If the worker has taken 26 weeks or less

The worker has the right to return to the same job after ordinary maternity leave.

If the worker has taken more than 26 weeks

The worker still has the right to return to the same job on the same terms as before they left. But if it’s not possible because there have been significant changes to the organisation, they could be offered a similar job.

In this case, the job cannot be on worse terms than before. For example, the following must be the same:

  • pay
  • benefits
  • holiday entitlement
  • seniority
  • where the job is located

Changing the date of return

The worker must tell the employer at least 8 weeks before they are due to return to work if they want to:

  • stay on maternity leave longer than planned
  • return to work sooner than planned

Taking holiday

Holiday entitlement continues to accrue holiday during maternity leave.

Discuss before return to work to agree when accrued holiday will be taken.

Resignation

If the worker decides they wish to leave their job either during or after maternity leave, they should follow the usual process for resigning, giving the employer the notice period as set out in their contract of employment.

More information is available from ACAS.

This article published by People Management also provides useful information.

 

If you would like to discuss this subject further, please contact us.

T: 01296 761288 or contact us here.

If you would like to receive our newsletter, please sign up here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector and small businesses, from recruitment through to exit

 

, ,

Bank Holiday 19 September 2022 – What does it mean to you?

The announcement that there is a bank holiday on Monday 19 September 2022, in the United Kingdom to mark the State Funeral of Queen Elizabeth II will have an effect on many workers.

My diary has been re-arranged, as I am sure others have had to do too. I am pleased that it is a bank holiday as I know that many people, not only in the UK but in other countries, will want to watch or take part in one way or another.

I have had messages expressing sympathy for the late Queen’s passing from my family and friends across the globe – from Africa, Brazil, Australia and the United States. It is an historical occasion – the State Funeral of a respected, dignified woman of integrity. It is fitting that the day is marked by a bank holiday.

What is the effect on employees in your organisation?

The Government is encouraging employers to give workers paid time off where possible and practical.

Many organisations require people to work over public holidays if they are essential services. One cannot simply decide that because of a bank holiday, the role in some of these services stops.

Holiday entitlement is dependent on what is set out in a contract of employment or agreement.

Is the holiday entitlement in the contract stated as 20 days plus public and bank holidays or 28 days including public and bank holidays? If it is 20 days plus public and bank holidays, workers are entitled to an extra day off, although if the normal 8 bank holidays are listed, this is not the case. If holiday is stated as 28 days including public and bank holidays, then there is no automatic entitlement to the extra day.

It is important that employers check contracts and advise their employees of the rules governing the bank holiday.

If it is not practical to provide paid time off, an employer may consider allowing workers to watch the funeral at work or provide time off in lieu if staff are required to work that day. 

Where a worker’s shift is already set for Monday 19, there is an expectation that they will continue as normal. However, there may be reasons that they cannot work that day.

For instance, they may have childcare responsibilities as children will be off school. If so, then it is important that employers listen to the reasons, and where possible make alternative suitable arrangements.

Parents may apply for dependent leave, which is normally unpaid, for an emergency. We have had just over a week’s notice so this may not be applicable. Some people may want to request annual holiday if they still have some entitlement.

This is time for all employers to be sensitive and to ensure open communication with their employees.

 

If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761288 or contact us here. If you would like to receive our newsletter, please sign up here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, and small businesses, from recruitment through to exit.

, ,

Dealing with Boundaries When Working in a Private Home

Professional Boundaries

The quality of a support worker’s relationship with their client is very important. It is essential to create a warm, kind, homely and friendly environment. Sometimes, however, this closeness can blur professional boundaries and cause misunderstandings and difficulties for the support worker and the parents of the young people in their care.

Many of our clients are young children and parents and family are the first point of contact on a daily basis with the support worker. It is really important that both the support worker and the parents work together to understand their roles, their limits and the employer’s policies.

Professional boundaries are the rules and limits that prevent the lines between the support worker and the client from becoming blurred. These boundaries are there to help maintain a safe working environment.

It is important to set boundaries from the outset. Where parents are acting on behalf of the young person (the employer) they often assume the role of informal team leader, and therefore need to draw the line between what is appropriate and what is not. There is a fine balance between being a supportive employer and having a personal affiliation between both employees and family members. It can be difficult differentiating between being a worker and being a friend.

Managing Boundaries

The key to managing many of these boundaries is understanding the difference between a professional and a personal relationship and ensuring that behaviour always remains on the right side of the line.

Professional relationships are time bound. Employees have a distinct role and purpose with some structure. The professional has a responsibility for the welfare of their client, and those family around them, and there are rules and boundaries that guide the relationship such as their contract, job description and care plans.

Support workers are paid workers and not friends, although friendships can blossom, but when dealing with work issues, friendships need to take second place. Relationships need to be professional not personal.

Once a relationship has been allowed to stray into personal areas, it is much harder to maintain other professional boundaries. When a parent, on behalf of the employer, then does behave in a professional manner, employees may be surprised, unhappy and resentful as they could have been expecting a personal response.

Examples of Boundaries

It can be a tricky balance to know how much personal information to share with an employee. It is acceptable to talk generally about family and personal life if it helps to build a relationship with the support worker and vice versa.

Here is a non-exhaustive list of potential issues that can cross boundaries:

  • Not respecting each other’s privacy;
  • Visiting outside of contracted working hours without an invitation;
  • Buying, selling or lending personal items or money;
  • Discussing personal issues at length;
  • Postings on personal Facebook or other personal social media outlets without explicit consent;
  • Accepting or giving gifts other than at special occasions such as Christmas or birthdays (gifts should be of a nominal value);
  • Treating each other with respect and without favouritism.

Communication

It is challenging to find where that boundary should be, especially where the line may already have been breached. But, with open communication about how parents want boundaries to work in the family home, and with support from deputy’s offices, case managers, and HR advisers, the right professional boundaries can promote much healthier relationships that are respectful, safe and meaningful.

 

If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761288 or contact us here. If you would like to receive our newsletter, please sign up here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, and small businesses, from recruitment through to exit.

Regulation Change For Fit Notes

A recent change to the Fit Note

From 1 July 2022, fit notes can now be certified by a wider range of healthcare professionals. These professionals are nurses, occupational therapists, pharmacists and physiotherapists as well as GP’s. The requirement for the healthcare professional to sign the fit note in ink has been removed and replaced by the issuer’s name and profession.

What is a Fit Note?

People can only be given a fit note if their healthcare professional considers their fitness for work is impaired.

Each organisation will have their own procedure for informing about absences from work due to sickness. Notification of absence is important because it ties in with Statutory Sick Pay (SSP) and with occupational sick pay. Occupational sick pay is paid by organisations that provide a benefit over and above SSP.

The employer should review the fit note. If the employee’s fit note says that they are NOT fit for work, this is evidence for the employer’s sick pay procedure. The fit note will state how long the employee will not be fit for work.

If the employee’s fit note says that they MAY be fit for work, the employer and employee should discuss whether there are any changes which could help them return to work. It may be necessary to carry out a risk assessment (e.g., if it states that the employee should avoid lifting, the employer would be liable if they gave them work that involved lifting and handling). If the employer cannot agree to any changes, then the fit note should be treated as if it says that the employee is not fit for work.

The gov.uk website sets out five things an employer should do:

  1. Check whether the employee’s healthcare professional has assessed that they are not fit for work or may be fit for work;
  2. Check how long the employee’s fit note applies for and whether they are expected to be fit for work when their fit note expires;
  3. If the employee may be fit for work, discuss the fit note and see if you can agree any changes to help their return to work while it lasts;
  4. If the employee is not fit for work or if they may be fit for work, but you cannot agree to any changes, use the fit note as evidence for your sick pay procedures;
  5. Take a copy of the fit note for your records (the employee should keep the original).

Keep in mind:

  • Supporting someone with a health condition to return to work can save money and minimise disruption;
  • Employees may return to work before they are 100% fit – work may even aid their recovery;
  • Access to Work can help employees with a disability or health condition. This includes paying towards equipment or support.

Self-certifying

Self-certifying for sickness absence that is 7 days or less, including weekends, means that a fit note is not required. The employer normally provides a form for an employee to self-certify. To claim Statutory Sick Pay, you must have been off work for more than 3 days in a row to be eligible. An on-line form is available for employees to complete on the website gov.uk.

Return to work meeting

It is good practice for employers to hold a Return to Work (RTW) meeting with employees who have been absent due to sickness. This is not a casual ‘how are you feeling’ chat, but a more sit-down and talk. This is an opportunity for a people manager to understand the reason for absence and to discuss what support, if any, may be required, and to bring the employee up to date on work matters whilst they’ve been away.

 

If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.

 

T: 01296 761288 or contact us here.

If you would like to receive our newsletter, please sign up here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, and small businesses, from recruitment through to exit.

 

 

 

,

Looking After Yourself and Others in the Warmer Weather

Can it ever be too hot to work in the UK?

The Health and Safety Executive (HSE) advice is that the temperature in all inside workplaces must be reasonable. Employers should take every possible step to ensure their employees are safe and comfortable.

Vulnerable people and their support workers are at an increased risk of dehydration and heat stress. A factsheet, titled “Heatwave”, was prepared by the NHS and has been updated with “information from an English evaluation of previous heatwaves and from the World Health Organization’s EuroHEAT study. It is part of a national programme to reduce the health risks by advising people what to do in the event of a heatwave, before it happens.” Follow this link to read the factsheet.

We set out below some useful information from the publication:

Keeping Safe

Managers must encourage support workers to follow these few simple tips for keeping safe:

  • Keep hydrated: Do not wait until you are thirsty to drink. Keep a water bottle with you all day and drink little and often. Avoid caffeinated drinks.
  • Take more frequent breaks: Wearing PPE/facemasks for an extended period can increase the effects of heat exhaustion and dehydration. Make arrangements to take more frequent breaks wherever possible where you can spend time without your facemask. Run your hands under a cold tap and splash cool water on your face.
  • Check the colour of urine: Dark coloured urine can often signify dehydration.

How to keep body temperature down

It is important for staff working in the care sector to know how to keep down the body temperature of the person they care for. Here are seven tips:

  • Ensure that they reduce their levels of physical exertion
  • Suggest they take regular cool showers or baths, or at least have an overall body wash
  • Dress them in light, loose cotton clothes to absorb perspiration and prevent skin irritation
  • Splash cool water on their face and the back of their neck. A damp cloth on the back of the neck helps to regulate temperature
  • Offer cold food at mealtimes, particularly salads and fruit with a high-water content
  • Offer regular drinks, preferably water or fruit juice, but avoid alcohol and caffeine (tea, coffee, colas).
  • Monitor their daily fluid intake, particularly if they have several carers or are not always able to drink unaided.

Heat-related illnesses

The main causes of illness and death during a heatwave are respiratory and cardiovascular diseases. Additionally, there are specific heat-related illnesses:

  • heat cramps – caused by dehydration and loss of electrolytes
  • heat rash – small, red, itchy papules
  • heat oedema – mainly in the ankles, due to vasodilatation and retention of fluid
  • heat syncope – dizziness and fainting, due to dehydration, vasodilatation and certain medications
  • heat exhaustion – left untreated, heat exhaustion may evolve into heatstroke
  • heatstroke – this can lead to a medical emergency, with symptoms of:
    • confusion
    • disorientation
    • convulsions
    • unconsciousness
    • hot dry skin

Keeping out the heat

Attention must also be taken of the environment in which people are cared in:

  • Keep curtains closed on windows exposed to the sun while the temperature outside is higher than it is inside
  • Keep the vulnerable person out of the sun, especially between the hours of 11 a.m. and 3 p.m.
  • Advise them to stay in the shade and to wear hats, sunscreen, thin scarves, and light clothing if going outside.

Further on-line advice is available at NHS UK which offers some useful guidance on looking after yourself and others during the hot weather.

 

If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761288 or contact us here.

If you would like to receive our newsletter, please sign up here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, and small businesses, from recruitment through to exit.