Fire Door Safety Week may not be one of the most recognised national weeks, however, it is certainly an important one. In support we’ve highlighted some simple checks employers can undertake to help protect employees and businesses, as well as examples of businesses with serious failings around fire safety including some who, despite remaining compliant, still suffered substantial losses as a result of fire.

There were 177,844 fires in the UK in 2018 with 6,902 non-fatal casualties and 261 fatal. Fire doors are one of the first lines of defence for protection from serious harm.

Raising Awareness

Fire doors help to contain fire and prevent harmful smoke from spreading. However, they are often the first thing to be downgraded on a specification and then mismanaged throughout their service life.

Unsurprisingly, in 2018 over 1 billion pounds was paid out for fire-related property insurance claims in the UK alone. Ensuring that you have installed, maintained and checked your fire doors regularly helps protect people, buildings and equipment.

Five Step Fire Door Check

• Label
  Confirm that each door is certified and that the instructions are correct. Fire doors usually provide 30, 60, 90 or 120 minutes’ worth of protection & this will be clearly shown on the label.
• Gaps & seals
  Check that seals are intact with no signs of damage. Gaps should be less than 4mm around the door frame with the gap under the door no larger than 8mm  – you shouldn’t be able to see light under the door.
• Hinges & Closers
  Check the closer shuts the door onto the latch from any position. The hinges should be CE marked and firmly fixed with no missing screws.
• Glass & Glazing
  Check the seal is continuous and attached to the glass and bead. The glazing beads are attached firmly to the frame and shouldn’t be damaged and glass should be intact.
• Leaf, Frame & Operation
  Check the door closes firmly onto the latch without sticking on the floor or the frame. Ensure the door closes correctly around all parts of the frame.

The Law states that if you employ five or more people (even if some of them work remotely) a regularly reviewed fire risk assessment is an absolute must. Employers are responsible for carrying out a fire risk assessment of the premises, planning for any risks and notifying employees of any risks found whilst providing employees with training from day one.

Engage & Educate

With over 3 million new fire doors purchased and installed every year in the UK it is clear that businesses are realising the importance of implementing prevention and protection methods in the workplace, possibly galvanised by examples where companies have been fined for a failure to provide adequate fire safety precautions…

• The Tooting care home, Gold Care Consultancy Ltd, was fined £100,000 for serious fire safety failings. A pensioner sadly died in the incident after a fire broke out in her room after the care home failed to have a fire risk assessment & policies in place.
• Derby Court Hotel owner was fined £38,000 and given a 6 month suspended jail sentence. He put tenants at risk of serious injury or death after an inspection found numerous fire safety failures. In particular, the fire doors were either found to be jammed, poorly fitted or damaged. As well as this, the fire alarm was faulty and a risk assessment was over a decade outdated.
• A luxury Cheshire hotel was fined £75,000 for serious fire safety breaches which could have caused serious injury or death to customers. The court heard that on the third floor of the luxury hotel there was not a single working fire alarm, there were faulty smoke detectors and substandard fire exits. Employees had also not been properly trained in fire safety by managers.However, even when companies have fire safety regulations in place, serious damage from fire can culminate in deadly costs:
• The online delivery firm, Ocado, revealed that a fire which broke out in its Andover warehouse cost the company £110 million. The company had adequate fire precautions in place, however, the extent of loss for the company shows that more can be done to help protect assets from fires. Perhaps if there were more fire safety precautions in place the outcome would have been less severe.
• The luxury Mandarin Oriental hotel had just undergone a £185 million restoration after a fire broke out just after the completion. 120 firefighters and 20 engines fought the fire for nearly 6 hours, whilst the destruction led to the hotel closing again.

Training is Key

A regularly updated Health and Safety policy coupled with training is the easiest way to enable your employees to fully engage with fire safety practices.
If you would like advice on an employee engagement programme or would like assistance with any aspect of Health & Safety contact one of our Employment Law Consultants on 0161 603 2156.

 

October is ADHD Awareness Month, which aims to educate the public by sharing scientific research about ADHD (Attention Deficit/Hyperactivity Disorder), making it an optimal time to look at ADHD in the workplace as well as how disability discrimination can occur, the obligations of business regarding disability discrimination and what can be done to make the working environment friendlier to people with disabilities.

Since the Equality Act was passed in 2010, there is now more pressure than ever on businesses to act appropriately for their disabled employees.

How Disability Discrimination Occurs in a Business Environment

Discrimination in the workplace tends to occur in one of two ways; directly, or indirectly.

Direct discrimination involves treating an employee less favourably due to their disability, perceived disability or association with somebody with a disability. For example, dismissal of an employee solely due to their disability is considered direct discrimination, and since the Equality Act was passed, it is now unlawful. Firms in breach may face legal action or employment tribunals, both of which carry large financial burdens and as a result can severely damage profits.

Indirect discrimination differs slightly. It involves a workplace practice having a more significant impact on a disabled person than an able person, something businesses need to be wary of. Of course businesses that appear to be discriminating against current employees or job applicants can face tribunals and see their reputation ruined, however in some cases indirect discrimination is justifiable. For example a person with a severe back problem applying for a job that may involve heavy lifting can be justifiably turned down. In order for this to be lawful under the Equality Act though, the business must prove ‘objective justification’ for the decision. To do so they must demonstrate ‘a proportionate means of achieving a legitimate aim’.

ADHD in the Workplace

ADHD itself is a condition affecting attention, impulsiveness and hyperactivity. According to a study conducted by the World Health Organisation, of 7000 employees in 10 different countries who were surveyed, 3.5% were found to have ADHD. It is important for businesses to consider what skills people with ADHD can bring and how to capitalise on these strengths to get the best out of their employees.

Although the Equality Act recognises ADHD as a disability, those with the condition can bring an array of unique skills to all kinds of businesses. The ability to ‘hyper-focus’ on tasks they are interested in means that they can provide above average efficiency and productivity. As such, they are often best suited avoiding repetitive, monotonous tasks and may benefit from working in a group to avoid long periods of isolation.

They also have the ability to think outside the box due to their creativity. This allows them to provide fresh ideas to businesses in all facets, from production processes to product development ideas.

Obligations of Employers

Often workers with a disability require adjustments to be made to the workplace. These changes are referred to as ‘reasonable adjustments’ and may be based upon how things are done in the business, actual physical changes to the working environment or the provision of extra assistance or equipment. By law, any adjustments requested by a disabled employee or disabled job applicant must at least be considered by the employer. If the changes are deemed to be reasonable, the employee must ensure that suitable changes are made in order to not disadvantage employees with a disability. For people with ADHD, reasonable adjustments may include regular checks to ensure the employee is interested in the tasks they have been set, or adding more short breaks into their day to break up their work into manageable parts and avoid boredom.

Naturally businesses want to know as much about applicants as they can when advertising jobs, however since the Equality Act was passed there are now several rules that employers must abide by. Knowing about the general health of an applicant may seem necessary for ultimately deciding who to hire, however businesses can’t just ask whatever health questions they want. By law, employers are only permitted to ask health related questions to ensure applicants can carry out the essential functions of the job. Applicants who feel that they are being asked health questions unlawfully can take the employer to a tribunal or even complain to the Equality and Human Rights Commission. Further health questions can only be asked after the job has been offered to the applicant.

Making a Friendly Working Environment

Showing an understanding of and supporting employees with a disability can go a long way. Research from the National Resource Centre on ADHD found that somewhere between 25-40% of adults with ADHD also have an anxiety disorder as well. Allowing employees with ADHD to delegate non-core aspects of their job that they find more difficult or stressful can reduce pressure and relieve stress, allowing them to minimise overall anxiety and maximise productivity at work.

Disabled employees are often afraid to talk about their disability out of fear being viewed as a less capable employee and the effect it may have on their career progression. Ensuring confidentiality by clarifying with the employee exactly who can see their occupational health assessment (or other health related information) can ensure staff feel valued by their employer and also helps to build trust.

If you require any further information regarding human resource management or would like know more about how Supportis can help you, call one of our Employment Law Advisers on 0161 603 2156.

October 10^th 2019 marks World Mental Health day, giving businesses an opportunity to start a conversation and spread awareness on the topic.

Mental health is a problem for many people across the UK. So much so, the NHS has reported that 1 in 4 people in the UK suffer from some sort of mental health problem each year and for people suffering with these issues it is impossible not to carry them into the workplace.

The Role of Mental Health in the Workplace

Retention and attraction of highly skilled employees is a fundamental part of succeeding as a business; those who feel supported by their employer with regard to their mental health are likely display loyalty and recommend their employer to others. The mental health charity, Mind, recently carried out a study which found that 60% of employees said they would be likely to recommend their organisation as a good place of work if their employer took action to support their mental health.

Mental health problems have a strong correlation with low levels of employee satisfaction, which in turn link to low levels of productivity. Employees whose minds are preoccupied with external stresses are unable to perform tasks to their best ability and performance at work may fall below par. A 2015 study by the Social Market Foundation even found that employees who are happy at work are 20% more productive than those that aren’t.

Mental Health as a Disability

Many employees with mental health issues feel unsupported by their employer and are more inclined to leave their organisation, a statement that is supported by research from Mind which reports that 42% of employees with mental health issues considered resigning due to workplace stress, while 14% actually did resign for the same reason. These employees may feel that they are treated differently due to their mental health and stress-related problems and leave as a result, but there is a key point to highlight here.

The Equality Act 2010 classes certain mental health problems as a disability (those that have lasted at least 12 months), giving the employee the right to take their employer to an Employment Tribunal on the grounds of discrimination. Employment Tribunals carry significant financial and reputational costs which can diminish profits and goodwill.

Supporting Mental Health at Work – The 6 ‘Core Standards’

Maintaining the sound mental health of employees is undoubtedly in the best interests of employers, but putting actual workplace schemes in place is easier said than done. In 2017, the government commissioned a report, Stevenson-Farmer’s ‘Thriving at Work’, independently reviewing the role that employers play in supporting individuals with mental health issues at work. The report was made by Lord Dennis Stevenson as well as Mind’s CEO Paul Farmer, in which it sets out six ‘core standards’ that businesses should put in place to ensure the sound mental health of their employees:

• Implementing a Mental Health at Work Plan

The first of the core standards, this involves creating a healthy working environment and a workplace culture of openness. The idea is to encourage employees to come forward with their mental health problems and look to their employer for help rather than bottle up their problems through fear of them being disregarded or even concerns about being looked down upon.

• Developing Mental Health Awareness

Educating all employees about the problems some people face with mental health allows them to be more sympathetic and understanding when colleagues’ performance at work may fluctuate. It also means they can better support colleagues rather than letting them suffer in silence.

• Encouraging Open Conversations

The first step to dealing with mental health problems is to encourage employees to open up in the first place. Once problems are out in the open, employer and employee can begin to work together to find the right solution.

• Ensuring Employees’ Hours are Suitable

Poor work-life balance is a major cause of work-related stress. Giving employees more time to switch off away from work allows them to temporarily put the stresses of their job to the back of their mind. Upon returning to work, employees will feel more relaxed and motivated which boosts their morale, contributing to a healthier mental state.

• Promoting Effective People Management

Getting the most out of an employee is virtually impossible without knowing them as a person first. Taking an interest makes employees feel valued, contributing to better mental health, allowing employers to get the best out of each employee.

• Continuously Monitoring Mental Health

Mental health is an ongoing issue that anyone can begin to suffer with at any time, even those who appear to be the most confident or enthusiastic. Routinely monitoring employees, potentially through monthly 1-2-1s allows any mental health related problems to be identified early and dealt with quickly.

Conclusion

Although it may not seem obvious, employment and time at work can have a huge impact on the mental health of employees. That’s why this World Mental Health Day is a great opportunity to see what HR adjustments your business can make to support the mental health of your employees.

For further advice on HR strategies, plans or management or for any other employment law advice, contact one of our Employment Law Consultants on 0161 603 2156 to see how we can help.

For the majority of businesses in the UK, payroll makes up the largest part of expenditure so it’s vitally important to understand exactly what it consists of.

Payroll entails the management of BACS payments (automated direct debit or credit payments often used to pay employees) and includes calculating overtime which often changes month to month. Pay as you earn (PAYE) and National Insurance contributions (NIC) are also included, where relevant, totalling £250bn in the 2017/18 tax year according to HMRC.

Managing payroll effectively is of huge importance

Keeping employees happy and motivated at work is one of the most important factors to creating a successful business, and effective payroll management can help to achieve this. An efficient payroll system reflects a commitment to employees and recognises them as a valued part of the business. If there are problems with payroll leaving employees underpaid for example, this will leave them disheartened and annoyed, causing damage to morale and overall productivity.

In more severe cases, employees may even file an Employment Tribunal claim, something that has become much easier for employees to do since Employment Tribunal fees were abolished in 2017 and carries extensive financial costs to the business.

Clearly it is vital for businesses to stay up to date with updates to the National Minimum Wage and National Living Wage in order to ensure all employees are paid what they are owed, such as the recent increase to the National Minimum Wage on 1^st April.

Ineffective payroll management can have further non-financial effects as well. Underpaid employees are likely to speak out about their frustration leaving their business’ reputation severely tarnished. Although this may not carry direct financial costs, it affects the ability to attract the most skilled workers which can impact on recruitment costs and productivity in the long term.

Smart payroll management can separate a business from its competitors

Payroll giving is a scheme frequently used  by UK businesses whereby employees who receive their salaries through payroll are able to give an agreed tax free sum to a charity of their choice. According to the Charities Aid Foundation, only around 0.2% of employers in the UK offer payroll giving schemes to their staff, meaning that it is a great way to gain an edge over competitors. In competitive sectors the image of a business may be what holds it in higher stead than its rivals in the minds of consumers and potential employees alike; associating with charitable organisations can enhance your business’ reputation, allowing you to get ahead of your rivals.

The future of payroll and what it means for businesses

In recent years the payroll industry has become much more automated, largely due to its cost effectiveness and efficiency. However since the General Data Protection Act (GDPR) came into effect on 25^th May 2018, replacing the Data Protection Act, firms using automated systems have had to become increasingly aware of legislation regarding data protection in their payrolls.

Part of the introduction of the GDPR is the removal of the administrative fees of submitting a Subject Access Request (SAR). SARs involve employees requesting their personal data, including;

• What data the business holds on them
• Why they hold it, and
• Who the data is disclosed to

Payroll automation is founded on employee data being consistently available across interfaces, causing a grey area and potential conflict with SARs.

Since the introduction of the GDPR, there have been nearly 35,000 complaints submitted to Data Protection Authorities (DPAs) at a rate of 51 per 100,00 people. Although this may not seem like many, it more than doubles that of the next highest of European countries (Germany at around 15,000). This is of huge importance to UK businesses as a breach of GDPR laws can subject them to fines of 4% of annual global turnover, or up to £16.5million. Considering that there were around 12,000 breach notifications submitted to DPAs within the first year of its introduction, business need to ensure they are aware of their responsibilities on data protection in their payrolls.

If you require any further advice regarding Payroll, Subject Access Requests or other HR & Employment Law issues, contact one of our Employment Law Consultants on 0161 603 2156.

With new laws in place regarding pensions, businesses need to be more aware than ever over their obligations regarding the retirement savings of their employees and the consequences of non-compliance with pension legislation. According to FT Adviser, 8,875 penalties were issued against UK employers in  a three month period for failures to comply with regulations around pensions, a figure that the Pension Awareness Campaign aims to reduce through educating the public and businesses about pensions.

Employer obligations and what you need to consider

The Pensions Act 2008 legally obliges every UK employer to put certain employees on a workplace pension scheme and alongside employees, make contributions towards it, otherwise known as automatic enrolment. Different duties apply to the employer based on whether their employee is starting automatic enrolment or coming back for re-enrolment after 3 years. The legal duties of the employer begin on the day the employee begins working for the business and run continuously throughout the term of employment. So what are the individual duties for employers on a day-to-day basis?

Employers are obliged to continuously monitor the ages and earnings of their employees for any critical changes. Any employee between the ages of 22 and the state pension age (which changes from person to person) or that earns over £10,000 per annum must be put into a pension scheme. Both the employer and employee are obliged to pay into the scheme throughout the employee’s term of employment. Employee wages may change, for example due to promotion which may put them over the £10,000. Therefore employers need to regularly monitor changes to ensure compliance with pension scheme regulations.

Opting in/out

Employers must also manage requests from employees to join or leave the pension scheme which can be done at any time during their employment. Requests must be acted upon within one month from the date of the request. Employees that request to leave the scheme are said to be opting out and as such the business is obliged to cease taking money out of their pay to put into their pension scheme, as well as arranging a full refund of what has been paid to date.

Records must be kept of how the business has met, and is continuing to meet, its legal duties regarding pensions. The information that must be kept includes;

• Employee details (names, addresses etc.)
• When the money was paid into the scheme
• Requests to join or leave the scheme, and
• Pension scheme reference numbers for each employee

These records must be kept for at least 6 years except for those requesting to leave the scheme, which must be kept for 4 years.

Of course, maintaining contributions is a legal obligation of the employer as well. Payments must continuously be made to the scheme every time the business runs its payroll. This is monitored by the government and any failures to comply with the legal duty can result in further action.

Employers should also be aware of any updates to the laws around pension schemes. On 6^th April 2019, the minimum pension contribution amount rose. Businesses must now pay a minimum of 3% of an employee’s wages into their pension scheme and the total combined payments of the business and its employees must be no less than 8%. Failure to comply with the new regulations can lead to fines and even court action.

The final consideration of employers regards re-enrolment. Every three years employees must be put back into a pension scheme if they have previously left it. Failure to re-enrol employees and declare re-enrolment is met with fines. The declaration of re-enrolment must explain how the business has met its legal enrolment duties.

What happens if these obligations aren’t met?

Escalating Penalty Notices (EPNs) are one of the most common penalties issued for non-compliance, issued for a failure to comply with statutory notices, which direct employers to comply with their duties and pay any late or outstanding contributions. The penalty is prescribed at anywhere between £50 and £10,000 per day, depending on the size of the business. Daily fines carry huge financial implications for businesses, especially those that may only be making slight profits or even newer businesses targeting to break even.

Employers may also be penalised with a civil penalty for failure to pay due contributions. These penalties are much larger and can be any value up to £50,000. Again the financial burden this places on businesses can be catastrophic and may force them into bankruptcy and administration. In more severe cases the employer may even face court action, which doesn’t just carry financial implications but damage to the business’ reputation also which may tarnish the ability to attract the top talent from the labour force.

Our team can help you with implementing pension schemes, engaging your teams and provide further advice on other HR strategies. Just book a free consultation or contact one of our Employment Law Advisors on 0161 603 2156.

It’s time to switch off to switch on with National Simplicity Day.

This day honours the life of the naturalist and philosopher Henry David Thoreau, who advocated simple living and in today’s fast-paced society it’s important to stop and take a break from the hustle and bustle of life.

How can you create simplicity within a working environment?

The dictionary definition states “The quality or condition of being plain or uncomplicated in form or design”; simplicity can be applied to all parts of our lives, from creating small manageable tasks out of a much larger one, ensuring a clean clear space to work in, turning off your phone or setting time restrictions for tasks.

Screen time

In many ways technology has made life simpler by enabling us to communicate and innovate more easily, however a recent survey by Ofcom found that we spend 8 hours and 41 minutes averagely spent staring at a computer/ phone screen.

Constantly staring at screens can lead to increased health problems and long term issues. These include eye strain, neck & back pain, headaches and blurred vision. Your company should take into account these considerations and the legal implications, providing support such as eye tests, health insurance and other policies that safeguard employees.

For example, allowing employees to take mindfulness breaks will help revitalise minds and bodies; taking time away from the screens to talk face to face with colleagues not only allows a reset, but helps to nurture workplace relationships, improving teamwork and creating a nicer environment.

ACAS proposes that it may be helpful to set guidelines around device usage; for example, personal use of phones could be permitted during breaks which could help to increase productivity and retain concentration on work related tasks during the working day as well as reducing screen time.

Organisational processes & structures

A focus on simplicity can benefit a company in many ways, including

• Organisational processes
• Business structures
• Recruitment
• Lines of communication
• Efficiency and profit

A Siegel + Gale survey found that clear communication drives simplicity with organisations that communicate clearly from the top about their corporate values and goals led to 54% of employees finding it easier to innovate.

The survey also found that simpler workplaces aided recruitment as 65% of employees said that they were more likely to recommend somebody to apply for a job at their company because of the simple organisational structure.

Helping to create clear lines of communication allows employees to feel more engaged within the work place and enables change to take place more effectively, in turn helping to increase efficiency and profit.

Beneficial to all…

In its recent annual Global Brand Simplicity index, Siegel + Gale surveyed 12,000 consumers interacting with 585 brands across 25 industries with the findings showing that 38% of consumers are willing to pay more for simpler experiences and that 70% of consumers are more likely to recommend a brand because it is simple.

Although on the face it of this may seem surprising, a clear, simple message in a cluttered world has an obvious appeal.
So if you’d like to find out more about how to implement strategies to create simplicity in your workplace and reap the potential benefits or for further advice on managing employee stress contact one of our Employment Law Advisers on 0161 603 2156 to arrange your free initial consultation.