New government funded occupational health service to go live in April 2015
Not a legislation change, but I felt it was an important item to include for early-stage firms, as sickness absence can have a huge impact on smaller businesses and, it is a new free service aimed at helping employees off sick leave and back into work. It offers free telephone advice and web based information (available now) and a government-funded assessment by an occupational health professional for employees who are off sick for four weeks or more (being rolled out across the UK this year). There are many restrictions in how an employer can use this service, but it is free so may have some worth. If your employee is referred to an occupational health professional a return to work plan will be devised and shared with you, your employee and their GP. The idea is for everyone to work together with the aim of overcoming barriers to your employee returning to work. However, we all know how well the fit notes worked ? and your employee does not have to agree to any referral. By the way, if you are a small employer and you were wondering where the money went when your right to reclaim statutory sick pay (where the total SSP paid in a month exceeded 13 per cent of the employer’s Class 1 National Insurance contributions for that month) ? it apparently helped fund this new service. There is also a general view that if you do not follow a return to work plan and the individual was deemed to be disabled, requiring reasonable adjustments to be considered, this would be taken into account by a tribunal when considering whether any subsequent capability dismissal was fair.Zero-hours contracts (ZHC)
This is another area of employment law that has been much discussed during?2015 ? ranging from those arguing for a total ban of zero-hours contracts to at those pressing?for making exclusivity clauses in zero-hour contracts illegal. It is generally considered that?we are still only part way there. The SBEEA (Small Business, Enterprise and Employment Act 2015) Section 153 recently enabled the government?s aim to ban exclusivity clauses within zero-hour contracts. This is the contractual clause that prohibits a worker from working for someone else, or first having to obtain their employer?s permission to accept any other work.
Extension of the right to request flexible working
This right actually came into force in June 2014. However, I have recently met a couple of small firms?which were unaware of this change, so I thought I should include it here. The right to request flexible working was extended to all employees who have 26 weeks? service, rather than just those who qualify as parents or carers. There is also a statutory procedure to follow and a duty on employer to deal with a request in a reasonable manner. Again I would recommend that you have a flexible working procedure within your employee handbook to give clear guidance to both managers and employees what is needed. If you want to read more about this extended right you can access a couple of guides?here.Changes due to the Tribunal Service
Restricting applications to postpone Employment Tribunal?hearings Regulations will amend the rules of procedure?with the aim to limit the number of postponements requested by a party. Currently in draft, their aim will be to put a limit of two postponement requests in any case. Any further application made less than seven days before the hearing or at the hearing, will be granted only in exceptional circumstances. Of course, there will be exemptions built in where a tribunal can consider a postponement is allowed to facilitate settlement, or where the need for a postponement is due to an act or omission by the tribunal or another party to the claim.Sign up to our newsletter to get the latest from Business Advice.
