Tag Archive for: employment law

Brexit Guide for Employers in Northern Ireland

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Brexit came into force on 31 December 2020, so this Brexit Guide for Employers in Northern Ireland is essential reading.

Brexit means that free movement of people has ended in the UK. This will impact on your business if you currently employ employees from EU member states. It will also impact on future employment of such individuals.

Using this Brexit Guide for Employers

This Brexit Guide for Employers flags up the key issues your business now faces. These include understanding your EU employees’ status, their right to work and your duty as an employer.

This guide offers tips on dealing with these key issues advise you on how to deal with them. We also have some useful links below guiding you to other resources to help you.

Your EU Employees

Europeans living in the UK on, or before 31 December 2020, may retain the right to work in the UK. However, to qualify, the employee must apply for settled status, under the EU Settlement Scheme. A ‘grace period’ exists for this –  EU nationals have until 30 June 2021 to apply.

Anyone who is granted settled status is permitted to continue working in the UK beyond 30 June 2021. European nationals who arrive in the UK after 31 December 2020, will need a visa, to work in the UK.

If your employee has been a resident in Northern Ireland, before 31 December 2020, they can continue to work for you. To qualify for this, you need to have completed ‘right to work’ checks.  These checks involve verifying the employee’s identity by inspecting official documentation, such as their passport. You then retain copies of this documentation on file. See further details on ‘right to work’ checks here.

Your Duty as an Employer Under Brexit

You should advise all EU national staff of their requirement to apply for settled status by 30 June 2021. However, ultimate responsibility lies with the employee – they must apply, themselves. Applications can be made online.

Displaying posters in your workplace, stating how staff can make their applications is sensible. You may also wish to offer support to any staff who need it, regarding PC access and skills.

Brexit Right to Work Guidance

Until end of June 2021, employers carrying out work checks on European nationals, can accept an in-date European passport. Employers can also accept a valid national ID card, as proof to right to work. If a person is granted settled status, this can be accepted as proof.

A right to work check based on a European passport, gains a statutory defence against illegal working.

Employers found to have staff working for them, who do not have a legal right to work, can be fined. The fine can be up to £20,000 PER illegal worker.

Cross-Border or Frontier Workers Under Brexit

Frontier workers are cross-border workers. A frontier worker in Northern Ireland is an EU National employee who resides in ROI, but works in Northern Ireland. They return home at least once a week.

Under the new regulations, frontier workers must hold a frontier worker permit to enter the UK for work. This comes into effect from 1st July 2021 but DOES NOT APPLY to Irish citizens.

About Frontier Workers’ Permits

Here’s a short summary of how the system works:

  • The worker applies for a frontier worker permit
  • A permit lasts for 5 years and belongs to the employee. They can switch between employment.
  • You can apply for a frontier permit online. It is a free application, up to 1 July 2021.
  • Irish citizens do not need to apply for a frontier permit.

Points Based Immigration System under Brexit

Under the points-based system, UK employers will need to be a registered sponsor. See details here on how to apply for a sponsor licence. This enables you to recruit new employees from outside the UK. EU, EEA and Swiss citizens planning to work or study in here, will need to apply through the points-based system.

Irish citizens will continue to be able to enter the UK under the Common Travel Arrangement. They are not required to apply to the EU Settlement Scheme or under the new points-based scheme.

Non-Irish EU citizens, living in the Republic, who wish to work cross-border, will need to apply to the points-based system.

Recap of Next Steps for Employers under Brexit

  1. Ensure employees are aware of the EU Settlement Scheme – target your communications to encourage them to apply.
  2. Continue to use the same ‘right to work’ checks until 30th June 2021.
  3. Employers are not expected to check if the employee has applied to the settlement scheme. It is your duty to carry out appropriate checks, in line with your recruitment process, when an employee is appointed. It is the employee’s responsibility to apply for settlement.
  4. Allow appropriate time to act, if intending to be a sponsor.

 

Useful Links

 

Intertrade Ireland

If you require any assistance with your HR requirements, we are more than happy to help, contact Julie Pollock on 07858089006 or e-mail julie@consulthr.co.uk

Disclaimer: This article is intended to provide you with general information on the EU Migration Scheme.  You should take professional advice prior to making any decisions in line with this guide.

Restructuring Your Business in the Pandemic

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Covid-19 remains the greatest challenge for many companies, as cases rise dramatically, and restrictions tighten, during this second wave. Unfortunately for many, restructuring your business may be the only option to stay afloat. 

As the end of 2020 draws near, there remains no vaccine. It appears that society and the economy will be deeply affected for some time. If you have not already thought about restructuring your business, now is the time to do so. Restructuring can be a way to be future-proof on profit. 

Consult HR are here to provide some guidance on navigating the challenges.

How to Assess Your Restructuring Needs

Before you start, you need to know where your business is going under restructuring arrangements. What areas of service or production are you concentrating on? What areas are you cutting? Which staff do you need to retain? Where do you need to cut back? 

You may need expert HR advice at this point, to ensure that you are taking the correct strategic approach.

Restructuring and Redundancy Procedures

The other thing you need to take into account, is that there is a strict regulatory framework to follow. For example, there are statutory consultation periods (depending on the number of redundancies being made) and procedures to be followed.

Many employers think they can ‘hand pick’ employees they are considering making redundant – it is not that straightforward.  Whilst you will be able to justify that you need to make redundancies, the selection process needs to be fair.  This is critical to whether you will win or lose a case in tribunal.

You may face extra penalties if these are not followed correctly, so expert HR advice is essential to protect your business. Find out more here about Consult HR support for restructuring and redundancy. 

A man in a blue shirt signing important documents at work

Pandemic Restructuring & Communication

Restructuring a company is not an easy or pleasant task. It involves difficult decisions and conflict. Management will of course feel anxious about making cuts. 

Staff are individuals, with their own challenges and anxieties, during this pandemic. If a company keeps this in mind, then the process is likely to go much more smoothly. 

Management should communicate well with each other about proposed plans, and final decisions. But management should also communicate with their staff, about such huge changes. 

Recently, Cineworld decided to lay off up to 5500 workers. Staff did not know of this decision, until it was reported on by the media. This is an example of how NOT to manage lay-offs. Staff should be informed of crucial decisions BEFORE they are made. This will go some way to reduce conflict and uphold morale. 

HR professional advising clients

Photo credit Tim Gouw @unsplash

Restructuring and Equality

Another key area in restructuring and redundancies is the issue of fair redundancy selection criteria. You may think it makes sense to select workers close to retirement age or the newest recruits to the company. However, companies should always bear in mind their obligations around Equal Opportunities. 

Age is a protected characteristic under the law. If your older staff are the only ones to be made redundant with no clear justification, this could be costly. A company could find themselves being taken to an employment tribunal and paying compensation (which unlimited in discrimination cases). This also causes damage to reputation.

When making redundancy decisions, management should aim to maintain a diverse workforce, retaining their strongest people to support their business. Consider knowledge and skill set. Long standing employees may have shown loyalty, but newer recruits may bring innovation. The selection process should consider the skill set, knowledge and expertise, for the long-term future of a business. 

A woman sits on a chair, on her laptop, smiling

Consult HR Help for Restructuring and Redundancy

Restructuring a business and making redundancies, is one of the most stressful processes a business, and management can go through. It is crucial that restructuring is well thought out, and carefully planned.

For bespoke guidance on restructuring your business, contact Julie Pollock on 07858089006 or email julie@consulthr.co.uk 

 

Visit our website here: www.consulthr.co.uk 

 

Why You Need a HR Professional on Your Team

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How do you know when it is time to get expert HR Advice? We are all facing a volatile working environment at the moment due to Covid-19. Employers have to make difficult decisions on staffing levels.  

This creates an increased risk that an employee will seek compensation if you get it wrong.  So now is the time to ensure you get professional HR advice, to protect you and your business.

HR professional advising clients

Should You Outsource HR or Keep it In-House?

Outsourcing works best for small and medium-sized businesses who don’t have their own HR departments. Given the current economic uncertainty, it may not be the right time to expand your management team. However, at such times, it’s crucially important that you have access to HR expertise.

Outsourcing your HR offers a flexible solution to match your needs and your budget. Contact us to arrange to discuss your HR needs on  07858089006 or email julie@consulthr.co.uk.

How a HR Service Can Ease Your Business Through This Pandemic 

Running a business during a global pandemic is a constant challenge but good HR makes sure you have a strong team to help. A specialist HR service supports your business with cost effective and flexible advice to get you back on track. 

HR experts like Consult HR can help you make the changes needed to navigate the post-Covid business world.  We have the experience you need to offer year-round support in key areas like employment law, redundancy and restructuring.  We also help you shape the management team you need to lead your business through this crisis.  

Covid-19 and Company Staffing 

For businesses who need to streamline their staff, redundancies may have to be an option. The redundancy process can be a complex area and the procedures vary depending on the number of redundancies involved. 

Redundancies and Covid-19

You may need to reduce your staffing costs but don’t know how. We help businesses map out their options and guide business owners through the statutory procedures.  Let us take care of the legalities and provide you with the framework to streamline your business. We create plans to deal sensitively and supportively with staff, while providing on-site and off–site support, as needed. 

HR professional consulting

Restructuring During Covid-19

Where appropriate, HR professionals can provide advice on alternative options to redundancies. We support business owners to create a plan that fits with the vision of their business.  Restructuring your business does not need to be a difficult undertaking and may allow you to keep on staff you’re reluctant to lose. Sometimes job losses can be avoided by changing the role of staff. HR professionals can guide you through the legalities of restructuring your business and creating new positions for existing staff.  

Employment Law during the Covid Pandemic

Most business owners do not have the time – or inclination – to learn the ins and outs of employment law. This is where a specialist HR professional can save you a lot of time and money. A good HR provider will work with you to develop robust terms and conditions of employment. They will ensure these terms comply with legislation and are specifically tailored to suit the requirements of your business. 

At Consult HR we take care of all aspects of employment policies and procedures for the businesses we work with. We ensure your business is compliant with all employment legislation, which can also protect your Company in litigation claims. 

HR proffessional working

 Coronavirus and Dismissals 

 Employment law is particularly important right now, as many business owners are letting go of staff. Consult HR can advise and guide you through the process to ensure you comply with legislative requirements.   

Consult HR are experts in the field of employment law and can provide you with advice on legally binding agreements. This helps you to avoid future litigation and unfair dismissal claims through the industrial tribunals.  

At this time of great upheaval for businesses, a professional HR service can ease the burden and hassle of employment issues. Consult HR have a range of service options to meet all businesses needs and budgets, from project work to pay as you go. Contact us today to find out how we can support your business,  

 

Contact Julie Pollock on 07858089006 or email julie@consulthr.co.uk.  

Visit our website here: www.consulthr.co.uk 

 

 

 

 

 

Top tips for managing long term sickness

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It might surprise you to learn that in the UK, employee sickness rates are at an all-time low. This, no doubt, will be welcome news for employers, but the truth is, this doesn’t show the whole picture. While sickness levels are at a record low, what is on the rise is presenteeism, which is when sick employees turn up to work, and this statistic is also breaking records.

While presenteeism means more people are at work, if they’re sick, it’s unlikely that they’re working efficiently. When employees don’t take time off to recuperate, as well as spreading sickness to other members of their team, they are putting themselves at greater risk of requiring long term sick leave, which can have a massive impact on your business.

Causes of long-term sickness absence

CIPD long term absence statistics reports that the most common reasons for long-term sickness are:

  1. Mental ill-health (clinical depression and anxiety)
  2. Stress
  3. Musculoskeletal injuries
  4. Acute medical conditions, such as stroke, heart attack and cancer

The effect of long-term sickness absence

Long term absence (which is normally regarded as continuous absence of 4 or more weeks), can put significant strain on your business. Other employees may be expected to take on some of the absent employee’s duties, which can cause stress, particularly if they are already busy. Changes to your business operations may be required and if you need to arrange cover or make adjustments, this can be costly.

In order to reduce long-term sickness absence, it is important to implement a prevention policy. From the statistics above, the main reason for long-term sickness is mental ill health closely followed by stress. Therefore, having a good health and wellbeing at work policy in place can help with this, as early intervention is vital for prevention.

However, undeniably, not all sickness can be avoided. As this is the case, as an employer, you should be aware of your obligations and what to do when an employee is off on long-term sickness.

How to manage long-term sickness absence

1. Have a Clear Policy

Your employment policy should clearly indicate the protocol employees are expected to follow regarding long-term sickness absence. This demonstrates that you take absence in the workplace seriously. It also outlines the rules to both line-managers and staff and ensures everyone is treated fairly. Employees should understand how to report it and the certification required. While they are off, you should keep in touch with them, as many employees on long-term sickness report feeling disconnected from their job and company. Staying in contact also ensures that you are notified of any changes to their condition and their expected return to work date. Keep a record of all communication.

2. Decide How you are Going to Allocate The Work

As well as this, you will need to consider how their work can be effectively covered. Often, it’s hard to know how long an employee will be off so temporary cover may be required in this instance.  You should ensure that you only recruit someone on a temporary basis until you are sure when and if the employee is going to return to work. Otherwise the employee could claim that you have already filled their job while they were off on sick leave.

3. Manage The Absence

Meet with the employee regularly to keep up to date with their recovery and what their GP is advising them about returning to work. This is to gage when they will be in a fit position to consider returning to work.

4. Consider Requesting Medical Information

Where you are struggling to get an employee to indicate when they will be returning to work you should consider requesting a medical report or assessment to establish when they will be fit to return to work and what they will be capable of doing when they return.

5. Consider Reasonable adjustments

If an employee is deemed to be disabled, consider reasonable adjustments to assist in their return such as a phased return to work, assigning them to another job temporarily, a change to their working environment, a new piece of equipment etc.

6. Conduct Review Meetings

Once the employee has returned to work conduct review meetings as regular as felt necessary until the employee has settled back into work.

7. Consider Termination On Ill Health Grounds

Where you have considered all options, including a medical report, reasonable adjustments and there are no signs of the employee being able to return to work any time soon, you may be left with no other option but to consider ending their employment due to ill health.

You should exercise caution at this stage and I would suggest that you take appropriate expert advice before you do this as any mistakes made at this stage will be costly to you and your business.

If you need help managing long-term employee absence in your workplace, help is at hand. Contact Julie on: 078 5808 9006 or email: julie@consulthr.co.uk