23Nov

Navigating Seasonal Absences: Proactive Strategies for UK Employers

November 23, 2023 Melissa

With the clocks rolling back and the days shortening, the UK workforce confronts a seasonal challenge: an uptick in employee absences.

Recent studies in the UK have highlighted a consistent pattern in employee absences as we transition into winter. Statistics from the Office for National Statistics (ONS) indicate a notable rise in short-term sickness absence during this period, with colds, flu, and other respiratory illnesses peaking as the temperature drops. This data supports the heightened need for robust absence management strategies.

The season also introduces a psychological component—the condition often referred to as Seasonal Affective Disorder (SAD), which can lead to increased instances of absenteeism. SAD affects numerous individuals across the UK and can significantly impact motivation and productivity levels. According to an NHS report, approximately 1 in 15 individuals in the UK experience SAD between the months of September and April.

Statistics below from the UK Government, show the trends in workplace sickness and injury:

The sickness absence rate – the percentage of working hours lost because of sickness or injury rose to 2.6% in 2022, an increase of 0.4 percentage points from 2021 and the highest it has been since 2004, when it was 2.7%.
An estimated 185.6 million working days were lost because of sickness or injury in 2022; this level was a record high, but the number of days lost per worker, at 5.7, was not.
The most common reason for sickness absence was minor illnesses, accounting for 29.3% of occurrences.
All age groups experienced increases in their sickness absence rate in 2022.
Groups with the highest rates of sickness absence in 2022 included women, older workers, those with long-term health conditions, people working part-time, and people working in care, leisure, or other service occupations.

Strategies for Managing Absences

This month’s blog looks at some actionable strategies to mitigate the impact of seasonal absences while maintaining employee well-being and organisational productivity.

Promote Well-being and Preventative Health Measures

Employers can support their staff by promoting flu vaccinations, providing information on maintaining a healthy lifestyle, and ensuring workspaces are hygienic and conducive to good health.

Flexible Working Options

If feasible, offer flexible working arrangements. Adjusted hours or the opportunity to work from home can help those struggling with SAD or reduce the likelihood of germs spreading.

Effective Communication

Ensure employees understand the process for reporting absences and whom they should notify. It’s also essential to communicate any support available to them, be it health advice or mental health resources.

Monitoring and Data Analysis

Implement a system to monitor absence patterns. Data analysis can reveal trends and enable you to implement targeted interventions, possibly preventing a few absences before they happen.

Supportive Return-to-Work Process

Develop a robust return-to-work process. When employees return from sickness absence, a structured process can help address any ongoing issues and reintegrate them into the workforce effectively.

Educate on SAD and Mental Health Support

As mental well-being is paramount, provide information and support for those who may be affected by SAD. This could include access to counselling services or adjustments to lighting in the workplace.

Invest in Training

Managers should be trained to handle absences sensitively but effectively, ensuring that support is given to those who are absent while minimising disruption.

Considerations for Managing Workplace Absence

Encouraging good health practices before the onset of winter can reduce the number of absences due to common illnesses. Simultaneously, being adaptable allows for a swift and compassionate response to unexpected absences, whether due to physical or mental health concerns.

Employers must also navigate the terrain of employee absences with a clear understanding of legal frameworks. The Employment Rights Act 1996 and subsequent amendments outline employee rights regarding sickness absence. Moreover, mental health is increasingly recognised in legal contexts, and employers have a duty of care to ensure the workplace does not contribute to ill health.

Beyond financial implications, there is also an undeniable effect on team morale and workload distribution.

As the UK heads into winter, employers must be proactive in managing workplace absences and the strategies highlighted can serve as a guide for taking a strategic approach.

Phil Collier Associates: Your Strategic Partner

At Phil Collier Associates, we understand the multifaceted challenges of managing absences. Our expertise lies in crafting bespoke strategies that align with your organisational culture and legal obligations. We offer comprehensive guidance, from policy development to training, ensuring that your approach to absence management is as robust as it is empathetic.

13Sep

Unlocking Sustainable Success: How Environmental Quality Management Systems and ISO 14001 Can Elevate Your Business

September 13, 2023 Melissa

In today’s business landscape, corporate social responsibility has become more than just a buzzword—it’s a necessity for companies aiming for long-term viability and credibility. A crucial part of this responsibility revolves around environmental management. It’s not enough to just claim that you’re “going green;” your business needs to have concrete systems in place to manage its environmental impact effectively. That’s where Environmental Quality Management Systems (EQMS) and ISO 14001 come into play.

What is an Environmental Quality Management System (EQMS)?

An EQMS is a set of policies, processes, and records that define how a business monitors, measures, and manages its impact on the environment. It’s a structured way of not only ensuring compliance with environmental laws and regulations but also of achieving continuous improvement in environmental performance.

ISO 14001: The Gold Standard

ISO 14001 is an international standard that outlines the requirements for an effective EQMS. This standard provides a model for the development and operation of an effective environmental management system. ISO 14001 is designed to be adaptable to any type and size of organisation. It doesn’t prescribe specific environmental performance criteria but rather provides a framework that a company can follow.

How Does it Benefit Businesses?

Regulatory Compliance

One of the main advantages of implementing an EQMS based on ISO 14001 is that it makes compliance with environmental regulations more straightforward. The system will include procedures for regular monitoring and reporting, which helps avoid legal issues related to non-compliance.

Risk Management

An EQMS helps identify environmental risks and the ways to mitigate them, thereby helping the organisation prepare for unforeseen circumstances, reducing liabilities and the costs associated with them.

Operational Efficiency

Through continuous improvement, businesses often find ways to streamline operations, reduce waste, and lower costs—while simultaneously reducing their environmental impact.

Brand Image

In an era where both consumers and businesses are increasingly making choices based on the ethical and environmental practices of businesses, having an ISO 14001 certification can be a strong selling point.

Competitive Advantage

Being ISO 14001 certified can give your company an edge when it comes to tendering for contracts, particularly with large suppliers who prioritise sustainability and regulatory compliance.

The Process of Attaining ISO 14001

Gap Analysis

The first step is to assess the current state of your environmental management processes. This will help identify areas for improvement.

Plan

Based on the gap analysis, develop an implementation plan. This will involve setting objectives and determining what resources will be required.

Implementation

Here, the policies and procedures are put into action. Staff training will also take place during this stage.

Monitoring

Regular checks and audits are essential to ensure that the system is effective and to identify areas where further improvement is needed.

Certification

Once you’re confident that your EQMS meets ISO 14001 standards, you can invite an accredited certification body to perform an audit. If you pass, you’ll be awarded the certification.

The Role of External Support

Third-party consultants that specialise in quality management systems (QMS) can be incredibly helpful. They offer expertise in making sure your EQMS is up to standard, thereby increasing your chances of successfully attaining ISO 14001 certification.

Tendering for Contracts with Large Suppliers

When a business wants to secure a contract with a large supplier, especially in sectors like manufacturing, construction, or public services, environmental management often becomes a significant consideration. Many large organisations require their suppliers to demonstrate a commitment to environmental stewardship as a part of the tendering process. ISO 14001 certification is often considered the benchmark for this and can be a key differentiator when multiple vendors are competing for the same contract.

Next Steps

Educate Leadership: Make sure decision-makers understand the value of an EQMS and ISO 14001.
Gap Analysis: Evaluate current environmental management practices to identify areas for improvement.
Consult Experts: Consider hiring a third-party consultant to guide you through the implementation process.
Set Objectives: Clearly outline what you hope to achieve through the EQMS.
Pilot Testing: Before full implementation, consider a smaller test run to work out the kinks.
Go for Certification: Once ready and compliant, apply for ISO 14001 certification.
Keep Learning: Attend webinars, workshops, and conferences to stay updated on environmental management trends and technologies.

Adopting an EQMS in line with ISO 14001 is an investment in the future of your business and the planet. By taking these steps, you’ll not only be closer to achieving ISO 14001 certification but also to securing a sustainable and prosperous future for your organisation.

If you want to know more, why not contact us and see how we can support you on your journey to achieving ISO 14001. Email nic@nobullm34.sg-host.com and we’d be happy to answer any questions you may have.

06Sep

Embracing the September Shift: Flexible Working and New Beginnings

September 6, 2023 Melissa

As children go back to school and many employees join new companies, organisations have the perfect opportunity to reflect upon their working environments. From flexible working arrangements to seamlessly onboarding new employees, there’s a lot on the agenda. At Phil Collier Associates, we see September as a month of transformation and opportunity, particularly with regards to Human Resources.

Back to School, Back to Work

September is a busy month, as it marks the end of summer holidays and the return to routine. For parents, juggling work while ensuring their children are set for the new school year can be a huge task. Employers need to recognise this seasonal shift and offer supportive structures that can help their workforce balance both worlds successfully.

Flexible working can be a game-changer here. Whether it’s flexitime, compressed hours, or remote working, these arrangements provide employees the scope to fulfil their parenting duties without compromising on professional responsibilities. After a year or more of remote work due to the pandemic, many businesses have the technology and systems in place to support this. However, a truly supportive, flexible working policy is not just about technology; it’s about creating a culture of trust and results-oriented evaluation.

From Policy to Practice

A starting point for any organisation is to review existing HR policies and determine if they are aligned with current workforce needs.

Are there policies that support work-life balance?

Do these policies consider parents who may need to drop off or pick up their kids from school?

Are they inclusive, catering to the needs of single parents and guardians?

Just having policies in place isn’t enough. The challenge is effective communication and implementation, which requires training for managers to handle a more flexible team effectively, evaluating productivity not by hours clocked but by results produced. Companies also need to think about creating environments that support remote work. This could mean providing necessary hardware, supporting mental health through virtual counselling, or offering contributions towards a home office setup.

Periodic review of these flexible working arrangements is crucial. Employers should collect feedback to understand the efficacy of these policies and make changes where necessary.

September Starters

September also frequently marks the arrival of new employees. This is another area where a thoughtful HR policy can make a big difference. An effective onboarding process is critical in helping new hires integrate into the company culture and understand their role and responsibilities. A poor onboarding experience, on the other hand, can result in low employee engagement, reduced productivity, and potentially high turnover.

In times like these, businesses should consider developing robust digital onboarding programs, offering mentorship programs, and setting up initial one-on-ones with key team members, including those in leadership positions. Flexibility in training hours can also make new hires feel more welcome, especially if they are juggling multiple responsibilities outside of work.

The External HR Perspective

While companies can do a lot internally to implement these changes, the experience and perspective of an external HR company can be invaluable:

Leadership Mentoring and Coaching:

Especially useful when managing teams with flexible working arrangements. Leaders have to adapt to these new modes of working, and external support from specialists can help them to develop the skills required for this new era of work. Whether it’s effective remote team management, time management, or building a culture of trust, coaching sessions are designed to prepare your leaders for these challenges.

Policy Crafting:

Crafting robust and inclusive flexible working policies ensures that your policies don’t just meet the statutory requirements but genuinely add value to your organisation by enhancing employee satisfaction and productivity.

New Staff Onboarding:

September often sees an influx of new starters, and a robust onboarding process is critical for their long-term retention and productivity. Refining your onboarding procedures, offering best practices for digital and in-person integration, and even providing mentorship for the new hires if desired, is a key benefit of using a HR company.

Periodic Reviews and Audits:

Implementing changes is one thing, but understanding their effectiveness is another. External HR companies can provide unbiased assessments of your policies, training initiatives, and onboarding processes. A consultative approach allows them to refine and recalibrate as needed, ensuring that your HR practices continue to serve your organisation well.

In conclusion, September is a critical month for both personal and professional new beginnings. By taking a proactive stance and implementing thoughtful, flexible policies, companies can make this transition smoother for everyone involved. The support of external HR companies, like us, can provide the necessary expertise and objectivity to make these changes not just feasible but highly successful.

For more information on how Phil Collier Associates can help you navigate the September shift, get in touch, the first consultation is free.

nic@nobullm34.sg-host.com

03Aug

The Power of Quality Management Systems (QMS): A Key for Small Businesses in the UK to Unlock Major Supply Chains

August 3, 2023 Melissa

The power of QMS for small business in the UK to unlock larger supply chains

01Aug

Navigating Long-Term Sickness and Mental Health in Small Businesses

August 1, 2023 Melissa

Over recent years, there has been an increased recognition of the role that mental health plays in our overall well-being. In the UK workplace, particularly within the small business environment, this recognition is both crucial and challenging.

In this month’s blog, we explore the problem and impact of long-term sickness and mental health on UK small businesses, along with strategies for managing them and the role that HR providers play in supporting small businesses.

The Problem

In a report published by the Health and Safety Executive (HSE) 2021/22, 1.8 million workers in the UK were found to be suffering from a work-related illness, either physical or mental, with 51% suffering from stress, depression or anxiety.

This has a significant impact on businesses, with around 38.8 million working days lost to ill health and non-fatal workplace injuries in the same year. These issues hit small businesses particularly hard. With limited resources, smaller staff numbers, and a lack of specialised HR departments, long-term employee sickness can pose substantial operational and financial challenges.

The Impact

Long-term sickness absence, whether due to physical illness or mental health issues, can cripple small businesses. Each absent employee represents a gap in skills, productivity, and output.

Financially, there’s the cost of sick pay, potentially hiring temporary workers, and potentially increased insurance premiums. In addition, employees’ long-term absence could contribute to low morale amongst the remaining staff, particularly if they must shoulder additional responsibilities or workload.

Mental health issues have emerged as a leading cause of long-term sickness. According to the Centre for Mental Health, mental health problems in the UK workforce cost employers up to £45 billion each year.

For small businesses operating on tight margins, these costs can be significant.

The Response

Given the potential impacts, it’s important for small businesses to create a supportive environment for employees and have processes in place to manage long-term sickness. Here are a few strategies that can help:

Early Intervention: One of the best ways to manage long-term sickness is to intervene early. Encourage employees to report when they are feeling unwell and develop a work culture where seeking help is not stigmatised. Engaging with Occupational Health Services can be beneficial in identifying potential issues and implementing preventive measures.

Robust Policy: Establish a comprehensive sickness management policy that’s clear, compassionate, and fair. It should outline processes to follow when an employee becomes sick, how to handle gradual returns to work, and potential accommodations for those with disabilities. Ensure the policy is accessible and communicated to all staff.

Mental Health Support: Offering mental health support is essential in today’s workplace. This could be through providing access to counselling services, promoting mental health awareness, or creating a psychologically safe and inclusive environment. Mental Health First Aid (MHFA) training can equip staff with the skills to spot early signs of mental health problems and provide initial support.

Flexible Working: Implementing flexible working can be a proactive way to manage sickness absence. Flexible hours or remote working can help employees balance work with their health needs, reducing the likelihood of long-term absences.

Insurance and External Support: Small businesses should consider income protection insurance, which can provide financial support when an employee is unable to work due to sickness. Access to Work, a government initiative, may also provide support for those with a disability or health condition.

The Role of HR Providers

Human Resource (HR) providers can play an indispensable role in navigating long-term sickness and mental health issues in the workplace. For small businesses that may not have an in-house HR department or sufficient expertise, enlisting the help of an external HR provider can provide much-needed support and resources.

Expert Guidance: HR providers can provide expert guidance on how to handle long-term sickness absences, from understanding employment law and rights to supporting the business through complex situations. They can help ensure your business remains compliant with the law, while also supporting your staff compassionately.

Developing Policies: Crafting a well-defined sickness management policy can be daunting. HR providers have the expertise to create robust, comprehensive, and legally sound policies that are tailor-made for your business, covering everything from sick pay to return-to-work plans. They can also help communicate these policies effectively across the organisation.

Training and Development: HR providers often offer training programmes that can help businesses better manage sickness and mental health issues. These might include Mental Health First Aid training, stress management workshops, or management training on how to handle sickness absences.

Mental Health Support: Many HR providers now offer mental health support services, which can be an invaluable resource for small businesses. This could involve providing access to counselling or therapeutic services, setting up employee assistance programmes, or giving advice on how to create a more mentally healthy workplace.

Return-to-Work Support: Managing the return-to-work process after a long-term absence can be a sensitive task. HR providers can provide guidance on how to facilitate this process smoothly, considering both the needs of the business and the welfare of the returning employee.

Ultimately, the objective of any HR intervention should be to create a supportive and understanding workplace culture that can accommodate the realities of long-term sickness and mental health issues. The expert support provided by HR providers can greatly assist small businesses in achieving this goal.

While an investment, the benefits of engaging an HR provider – from improved staff well-being and morale to reduced sickness absence and legal compliance – are significant and have far-reaching positive effects on the overall health of the business.

Conclusion

The issue of long-term sickness and mental health in the UK workplace is complex and multi-faceted, particularly within small businesses. However, by understanding the impacts, creating a supportive work culture, and having robust policies in place, small businesses can not only effectively manage these challenges but also turn them into opportunities to show their commitment to employee well-being, enhancing their appeal to current and potential employees alike.

06Jul

Navigating the Path to CHAS Certification: A Comprehensive Guide

July 6, 2023 Melissa

An increasingly recognised standard in the health and safety sector is the Contractors Health and Safety Assessment Scheme (CHAS). This prominent UK-based accreditation signifies that a business is committed to upholding the highest health and safety standards.

Today, we ‘re going to explore what the CHAS certification is and why it is vital for your business.

Launched in 1997, CHAS serves as a third-party verifier of health and safety compliance for contractors and subcontractors across various industries. This rigorous scheme evaluates the health and safety policies, procedures, and documentation of organisations to ensure they adhere to the requisite standards.

The Significance of CHAS Accreditation

Earning a CHAS certification signifies more than just health and safety compliance. It is a badge of honour that showcases a company’s commitment to responsible and sustainable business practices. Clients and partners alike perceive this accreditation as evidence of a diligent safety culture and robust risk management protocols.

Beyond the improved reputation, the CHAS certification simplifies the tender process for contractors. Many organisations prioritise contractors with CHAS certification, as this accreditation provides assurance that health and safety legislation is being adhered to without the need for a comprehensive audit. Thus, this coveted accreditation can open doors to opportunities in public and private sectors.

The Journey to CHAS Accreditation

The path to CHAS certification involves a thorough assessment of an organisation’s health and safety management systems. It requires a company to demonstrate its competence in risk prevention, employee safety training, and consistent compliance with health and safety regulations.

To guide businesses through the accreditation process, external consultants are available to provide expert assistance. These professionals offer tailored advice based on the unique needs of each business, ensuring the requirements are understood and met. With their expertise, organisations can navigate the CHAS certification process confidently and efficiently.

The Benefits of Seeking Professional Assistance

While the CHAS accreditation process may seem daunting, professional consultants can help businesses sail smoothly through it. Experienced consultants take the burden off the company by managing the intricate process, providing advice, and ensuring documentation is up to standard.

Having an expert manage the process can be advantageous. Not only does it free up company resources, but it also minimises the risk of failing to meet CHAS requirements due to lack of experience or understanding. Ultimately, this can save time, effort, and financial resources in the long run.

The Wider Scope of CHAS

In recent years, the CHAS framework has broadened to encompass more than just health and safety. The scheme now includes assessments for environmental and quality management, equal opportunities and diversity, and financial and business standing. By expanding its scope, CHAS continues to set the bar for responsible business practices across different domains.

Conclusion

In a world where health and safety standards are paramount, achieving CHAS certification is an excellent way to demonstrate a company’s dedication to these principles. Although the journey to accreditation might seem challenging, it can be simplified with the help of professional consultants. In the end, CHAS certification can open doors to new business opportunities, enhance company reputation, and affirm a commitment to the safety and wellbeing of employees and customers alike.

If you’re thinking about CHAS certification, then why not give the experienced team at Phil Collier Associates a call and see how we can help you to achieve the certification.

Email: nic@philcollierassoicates.com

Phone: 07494 748 165

04Jul

Local Heroes: How Small Businesses in Cumbria Can Attract and Retain Top Talent

July 4, 2023 Melissa

Small businesses often feel overshadowed by the attraction of large multinational corporations when it comes to attracting talent and retaining their workforce, and businesses in Cumbria are no different. Increasingly, we hear of the struggle to build their workforce when the likes of BAE and Sellafield are running large scale employment drives and small business owners feel like they are unable to compete for local talent.

Yet, they have unique attributes and strengths that can draw in and retain a talented workforce, and today, we’re exploring the strategies small businesses can adopt to compete in the recruitment and retention game.

Unique Perks

Many people tend to think of large corporate companies when it comes to employee benefits, but small businesses can offer unique perks that equally appeal to prospective employees. These could include flexible working hours, the option to work remotely, or even the ability to bring your dog to work. A local small business might offer more freedom and flexibility, which can greatly improve work-life balance and job satisfaction. By promoting these benefits, Cumbrian businesses can attract talent who value flexibility over the more structured corporate environment.

A Positive Work Culture and Professional Growth Opportunities

Work culture can be a powerful magnet for talent. Small businesses often boast close-knit, supportive environments that larger companies struggle to replicate, because in such settings, each employee is recognised as an individual, not just a number in a large workforce. By cultivating and showcasing a culture of inclusivity, respect, and recognition, small businesses can create an environment that employees are drawn to and will want to stay in.

While multinational companies may have more job roles, small businesses offer unique opportunities for career advancement. Given their size, employees often take on multiple roles, providing them with a diverse range of experiences and skills. This equips them with a broad skill set and makes them agile in their careers. By creating and communicating these growth opportunities, small businesses can appeal to ambitious talent looking to fast-track their career development.

Strong Relationships and Company Values

In smaller businesses, managers and leaders often have more one-on-one time with their employees. They can develop strong, meaningful relationships, understand each employee’s career aspirations, and help them grow. This personalised approach to career development can foster loyalty and significantly improve retention rates.

In addition, an increasing number of today’s workforce, want their work to reflect their values. If your small business has a strong commitment to sustainability, community, or other ethical considerations, make sure you showcase these. By aligning business values with those of potential employees, businesses can attract like-minded individuals who are passionate about their cause and committed to their roles.

Local Presence and Community Involvement

Finally, never underestimate the power of community. Small businesses are often at the heart of local economies, and many potential employees appreciate this. By focusing on your commitment to the local community, whether through sponsorships, local events, or supporting local suppliers, you can appeal to those who value community connection and want to contribute to their local economy.

Although large multinational corporations might seem like the default choice for job seekers, small businesses, particularly those in Cumbria, have their unique appeal. By leveraging their strengths and adopting strategic approaches, these businesses can successfully compete for top talent. Remember, it’s not always about the size of the company, but the value it provides to its employees and community. Small businesses might just have more to offer than meets the eye.

23Feb

COVID-19 Update – Heading for the Budget

February 23, 2021 admin

As we all seemed to have ‘settled’ into Lockdown #3, it has been a few weeks since my last COVID-19 update. You’d have to have been on another planet, though, to have missed the Prime Minister’s address last night setting out his roadmap to recovery, and so, following this, I thought I should touch base once again.

So, from this roadmap we now have a good indication of when things may open and this has to be positive news, allowing us all to start planning for the resumption of our businesses and, of course, our own personal lives.

What was missing last night though, were the support measures that the government will introduce or continue to leave in place as we embark on this road to recovery.

It is obvious that businesses that have been struggling through aren’t going to be rubbing their hands with glee and counting their profits at the end of week one, month one or even, in many cases, year one. It is going to be a long, hard, slow and, hopefully, steady recovery for so many of us and thus it is vital that the government recognises this in the support packages that I hope will be announced when the chancellor reveals the detail of his spring budget next week (Wednesday 3 March).

I hope that he will announce a number of recovery support measures for the business sector, including the continuation of the local support grants scheme. For me, furlough absolutely has to be extended well beyond its current end date of 30 April and I would hope that we will see the 80% flexible furlough retained for a number of months before moving to gradually reduced levels – 70%, 60%, 50% – similar to how this was envisaged last year before we headed into the tiered approach and then the second and third lockdowns.

An extension to furlough will be critical as I am sure that there will be many businesses that will not be able to bring back all of their furloughed employees immediately and I also fear that we will see further redundancies as businesses evaluate their respective paths to recovery.

Those businesses that took out Bounce Back Loans received positive news recently in that these loans can now be paid back over 10 years instead of 6, and payment holidays can be taken by businesses.

Another positive is that businesses that had struggled to claim on their business interruption insurance may now have that opportunity following the recent judgement by the Supreme Court. If you want to see whether you might be able to claim, take a look at the FCA’s on-line policy checker:

https://www.fca.org.uk/firms/business-interruption-insurance/policy-checker

There are other things that we will need to keep an eye on in next week’s budget statement that could have a negative impact and counter other possible support measures – things such as VAT, National Insurance and Corporation Tax. Let’s keep our fingers crossed and hope that the government does not undermine the positive support measures that they have put in place for businesses over the past 11 months.

As always, give me a call should you require any further information or if you need advice on any employment matters.

21Jan

COVID-19 Update – Annual Leave

January 21, 2021 admin

Since the Prime Minister’s announcement on the evening of Monday 4 January, putting the country back into lockdown, I have been asked a number of questions relating to annual leave and, specifically, whether an employer can require an employee to take annual leave during furlough.
Generally, employers can require employees to take a period of annual leave during the coronavirus (COVID-19) outbreak, provided that they give the employee the required notice. This is unless there is an agreement to the contrary (such as in the employee’s contract or a collective agreement). As previously advised, the employer must give the employee a period of notice at least twice as long as the period of leave it requires them to take. For example, if the employer requires the employee to take one week’s annual leave, they must give them at least two weeks’ advance notice.

Where an employee is furloughed during lockdown, it is less certain that the employer can require them to take annual leave (although the need to pay employees their normal weekly pay during a period of annual leave may mean this is an unattractive option for many employers in any event).
The most up-to-date government guidance on Holiday entitlement and pay during coronavirus (COVID-19) states that:
“If an employer requires a worker to take holiday while on furlough, the employer should consider whether any restrictions the worker is under, such as the need to socially distance or self-isolate, would prevent the worker from resting, relaxing and enjoying leisure time, which is the fundamental purpose of holiday.”
While case law has found that employees can be required to take annual leave at a time when they would not otherwise be working, it is not clear if the same principles would apply during furlough in a lockdown situation. Therefore, the safest option for an employer wishing to avoid the risk of a dispute is not to require employees to use their annual leave during furlough for the foreseeable future.

However, this does not mean that an employer cannot request employees to use their holiday whilst furloughed but, should this be the preferred option, they should seek their agreement to this, rather than imposing a period of annual leave on them. Employees in receipt of reduced pay may indeed be happy to take annual leave while they are furloughed, as this leave period would be on full pay.
As you will be aware from my previous updates, employees will be able to carry over unused leave that has been accrued during the period of the COVID-19 pandemic. Last year, the government passed new emergency legislation to ensure that businesses have the flexibility they need to respond to the pandemic and to protect workers from losing their statutory holiday entitlement. These new regulations enable workers to carry holiday forward where the impact of COVID-19 means that it has not been reasonably practicable to take it in the leave year to which it relates.

Where it has not been reasonably practicable for the worker to take some or all of the 4 weeks’ holiday due to the effects of coronavirus, the untaken amount may be carried forward into the following 2 leave years. When calculating how much holiday a worker can carry forwards, employers must give workers the opportunity to take any leave that they cannot carry forward before the end of the leave year.

As always, give me a call should you require any further information or advice on the above, or on any other employment matter.

17Dec

COVID-19 Update – Further Extension of the Furlough Scheme

December 17, 2020 admin

In a surprise announcement earlier today, the UK government has advised that the Coronavirus Job Retention Scheme (CJRS) will remain at the current level of 80% until the end of April 2021.

Having previously extended the scheme to 31 March 2021, the government was due to undertake a review in January. One can only assume that this further extension is in anticipation of the third spike in the New Year that is being mooted following the relaxation of the COVID rules over the Christmas period.

The period for making claims for December is now open and these must be made by 14 January 2021.

To help you plan ahead to meet the monthly deadlines, here is a list of the key dates:

• 14 January 2021 – final date to submit claims for December 2020
• 15 February 2021 – final date to submit claims for January 2021
• 15 March 2021 – final date to submit claims for February 2021
• 14 April 2021 – final date to submit claims for March 2021
• 14 May 2021 – final date to submit claims for April 2021

Picking up on a couple of questions that I have been asked I am sharing these, with my responses, below:

Can I use CJRS grants to pay for holiday leave?

If you have furloughed employees because of the effect of coronavirus on your business, you can claim under the CJRS for periods of paid annual leave they take while on furlough, including for bank holidays such as Christmas Day or Boxing Day.

If your employee is flexibly furloughed, you can count any time taken as annual leave as furloughed hours rather than working hours.

However, it must be stressed that, for periods of annual leave, employees are entitled to receive their normal full pay, although you can claim 80% of their usual wages for these hours. However, you should not place employees on furlough just because they are going to be on paid leave.

Can I include a Christmas bonus in my calculation for the grant?

You can claim for regular payments that you are contractually obliged to pay your employees, including compulsory commission, fees and overtime. However, you cannot claim for discretionary commission, non-contractual bonuses (including tips) and non-cash payments.

As always, please don’t hesitate to call me if you have any questions.

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