Newsletter
Oct 2014
Issue 31
Promoting, sharing and developing opportunities for best employment practice
Change at PERS…. In this issue…
Page
Farewells Fawzia Mir
2 2
Reaching disabled people Training
3 3
….but we are taking it in our stride PERS staff are delighted to welcome on board our new CEO, Phil Simmons.
Legal Update – the Children and Families Act 2014 (Shared parental leave and time of for ante-natal appointments) 4 Round up of case law
5
Home Working
6-7
BACC Contact us
8 8
...but still the same high quality free HR advice If you’re a charity or voluntary sector group or organisation operating in Bradford or Kirklees, then you maybe eligible for a PERS Advice line subscription package free of charge. There are a limited number of free packages available so you’ll have to be quick if you want to take advantage of this superb offer. To find out if you’re eligible contact Rehan Safeer on 01924 428033 / rehan@pers.org.uk
Funded by
Staff are eagerly anticipating the much needed change at the top and are relishing working with “new blood”. They hope he will provide the leadership and change in direction PERS needs at this time. PERS staff are also encouraged by the addition of two new board members to the Management Committee. Staff hope they will revitalise the board bringing out its enthusiasm and vigour as PERS moves to self sustainability. We are still keen to hear of others wanting to join our board. In the last 2 months PERS said goodbye to 3 members of staff, a considerable portion of our total number. They are Fawzia Mir, Director, David Wears Business, Operations and Development Manager and Hilary Hunt, Finance and Admin Officer.
Fawzia Mir, outgoing director, writes: ”Over the nine years that I have been here, PERS has been faced with both a number of opportunities and great challenges. I believe that our ability to adapt and respond positively to change, whilst staying true to our values, has been at the heart of what has enabled us to grow and develop. In September we said goodbye to our Business Operations & Development Manager, Dave Wears, who has decided to retire. A significant part of his contribution to the success of PERS was managing PERS through the end of our Basis 2 funding and leading the spectrum of work developing our income generation strategy and subscription service. This meant that we could continue providing a cost effective employment law advice and support service to the sector, when the funding for a free service ran out. Although Dave has retired from work, his energy and interests will no doubt prevail. His humour, enthusiasm, excellent management of the ER team and support for the Home Working Co-ordinator will be greatly missed here at PERS and we all wish him well in this venture. Sadly, we also have had to say goodbye to Hilary Hunt, our Finance & Admin Officer, who left us in October and moved to Edinburgh. Hilary kept PERS’ staff and services together. Her amazing ability to organise me and the Management Committee, tirelessly rework budgets, keep the organisation on track for quality audits, deal with facilities management, wages, expenses and pensions and numerous other facets will never cease to amaze me. She has been a huge asset to PERS over her 7 years with us and we will miss her greatly.”
Fawzia Mir
and finally………….. To those who have made use of PERS then you know already how good the service is - to those who haven't, well you don't know what you're missing.
“It is with regret that I am leaving PERS to move onto pastures new at what is an interesting time for the organisation. My leaving coincides with a change of structure within PERS, and as with all charities, a move towards being self-sufficient, an area which in the past charities have not had to consider. I have no doubt that the staff will rise to the challenge, and as always be 100% committed to the work they do, both in supporting organisations and employees with employment rights advice, and providing assistance to home workers to develop successful businesses from home. I wish all the staff and trustees every success in the future.” Hilary Hunt, former Finance & Admin Officer.
“I would like to say a big thank you to all staff at PERS as well as those in the many organisations I have had the pleasure to work with. For the last four and a half years it has been a privilege to work with such a dedicated, committed and professional group of people who provide such necessary and excellent services to the voluntary sector.
I know what I will be missing and that's why I plan to stay in touch with my former colleagues at PERS and in the sector who I now count as friends.” Dave Wears, former Business, Operations and Development Manager
“Fawzia Mir has served PERS as Director since September 2005 but is now leaving. I write in my capacity as the Chair of the Trustees/ Management Committee to acknowledge the quality of her work and to thank her for her dedicated service. “Fawzia has been consistently motivated by the charity’s mission, Promoting, sharing and developing opportunities for best employment practice. She has fought to maintain the service when the economic and political climate have forced other, similar organisations to close down; a matter of great regret and a sure sign of the times. The present employment situation remains at least as precarious, for workers and homeworkers, as when the organisation started in 1986.
The change within the core services at PERS has also opened up the opportunity for a change of overall structure to successfully lead PERS into the next phase of its development. So I have also decided that it’s time for me to bow out and hand over the reins to our newly appointed and highly skilled CEO. My nine years at PERS have been both exciting and challenging, and I’ve been blessed with the opportunity to develop both the organisation and myself. I’d like to take this opportunity to extend my heartfelt thanks to everyone who I’ve met and worked with along the way who has added value and support to my time here. Thank you and farewell.” Fawzia Mir, former Director Acas Codes Look out for ACAS’ new dress code guide, http://www.acas.org.uk/ dresscode. It has good sections on religious dress and tattoos. Also their new code on bereavement, http:// tinyurl.com/qfr5nyp outlines the law and best practice.
Steering a small charity through the vicissitudes of dependence on grants and other variable and unpredictable sources of funding is like steering a rowing boat on a stormy sea. Fawzia has kept together a small complement of loyal staff members who have maintained a consistent and high quality of service, at the same time ensuring the financial viability of the charity. For the last 9 years Fawzia has also ensured that, the Trustees, all volunteers from varied walks of life, were fully aware of the external threats and changes that the organisation has faced, enabling them to direct and support her. The Trustees now enter the next leg of the PERS voyage and are looking forward to having a full time Chief Executive Officer at the helm. Thank you, Fawzia and best wishes for the future” Barbara Jones, Chair, PERS Management Committee
Contact details for PERS services To find out about our: subscription service: rehan@pers.org.uk training opportunities: anne@pers.org.uk consultancy service: admin@pers.org.uk disabled peoples services: admin@pers.org.uk
Promoting, sharing and developing opportunities for best employment practice
2
The employment rights team provides a wide range of employment law and HR support to organisations and employees. We highlight recent projects here.
Reaching out to disabled people The free Employment Rights project, Opening Doors, is enabling disabled people to have more confidence in employment matters. The Lottery funds services which help disabled people, both employers of PAs to manage their own care more effectively, through PERS training on recruiting and inducting PAs problem solve their HR issues, such as what to do if a PA becomes pregnant and employees to assert their statutory rights, such as requesting flexible working as a reasonable adjustment. Facilitator’s training
One area where the team have been particularly successful is in recruiting and training facilitators to give ER advice locally. The team has developed a comprehensive, one day employment rights course covering workers’ rights with a focus on disability. It also
includes sections on employee status; statutory and contractual rights, such as discipline and grievance, parental rights and discrimination; types of employment contracts and their terms. This course is based on years of experience of advising and representing employers and employees and preparing Employment Rights leaflets. It gives facilitators confidence to advise disabled people on solutions to their issues. Participants The course is designed for up to 12 individuals who advise disabled people, for instance professionals working in direct payment or NHS teams providing assistance to employers of PAs, or job retention experts working with disabled employees.
Once trained the facilitators are more able and confident to give advice locally and have the support, via PERS advice line, of the experienced ER team whenever required.
Course success We have learnt that the best way to deliver the course is to take it in-house to existing teams, some of whom found the training so useful they have asked us to deliver it to their colleagues. This part of the project is so successful its 3 year target of trained facilitators will be achieved this year. But it will not end there, we will continue with it. Feedback Here is some of the feedback we have received to date about it: ‘The training was fantastic. Clarity is the key—we got that from PERS.’ ‘I thought it was one of the best employment law courses I’ve been on—broken down in a way I could understand and use with my clients straight away.’
‘Outstanding. Such a ‘dry’ subject was made very interesting. I now feel confident to help clients and where to signpost them if I cannot.’
Training If you are an existing team, perhaps in job retention working with disabled employees or employment support advising employers of PAs, then we can deliver this training to you on your site. Additionally we would be pleased to deliver any of our courses in house for you. Recent commissions include data protection, recruitment and selection, employment rights and managing conflict. For more information, call Anne on 01924 428030 or email her with your requirements at anne@pers.org.uk or see our website www.pers.org.uk
3 3
On-site training courses available more details from anne@pers.org.uk or www.pers.org.uk
2014 employment law changes The following changes in employment legislation and practice are expected or have come into force this quarter. Accompanying a partner to antenatal appointments. From 1st October 2014, fathers and partners, including agency workers have had the right to take unpaid time off to attend antenatal appointments. The right extends to 2 appointments and is for a maximum of six and a half hours each. There is no qualifying service for employees but agency workers will have to have 12 weeks’ service to qualify. See guide: http://tinyurl.com/oesznyu The Children and Families Act: provided protection for employees suffering a detriment when requesting or taking time off for antenatal appointments
from 1/10/14. applies the same provision to adoption appointments from 5 April 2015. removes the 26 week qualifying period for adoption leave from 5 April 2015. Subject Access Requests (SARs) From 1st December it will be a criminal offence punishable with an unlimited fine, to force someone to request information and then share it with another party, e.g. New rates for National Minimum Wage The new rates for National Minimum Wage (NMW) effective from 1st October are: Over 21: £6.50 18—20 £5.13 Under 18: £3.79 Apprentice: £2.73
making revelation of a criminal record a condition of employment unless it is required by law. asking for certain records as a condition for providing services such as housing or insurance.
Shared parental leave on its way…………... Shared parental leave allows parents to share statutory leave and pay following childbirth for babies born after 5th April 2015. It replaces the current arrangements for additional paternity leave but not maternity and paternity leave and pay. It is totally separate from the right to unpaid parental leave, see http://tinyurl.com/qdwzyq6. Adopters and those in surrogacy arrangements will have similar rights. Currently a mother can chose to return to work when her baby is 20 weeks old. This new right means she can return any time after compulsory maternity leave (2 weeks), i.e. the parents can decide how to split the remaining leave and pay between them. This can be separately or together. The Government and ACAS have produced new guidelines, see http:// tinyurl.com/oesznyu and http:// preview.tinyurl.com/ns2nvfw respectively. The guidelines set out:
the right to shared parental leave
length of time available
qualification criteria
rules on requests and notifications
rules regarding their right to return, not to suffer a detriment relating to the leave and terms during leave. The total amount of leave/ pay that can be shared is 50/ 37 weeks respectively (52 weeks: 26 maternity leave and 26 weeks additional maternity leave/ 39 weeks paid leave less 2 weeks compulsory maternity leave/pay). Shared leave must be taken in blocks of one week and can be either continuous or interspersed with periods at work. If the former this can not be refused by the employer. If discontinuous only 3 periods of leave are allowed and these have to be agreed with the employer. Examples of how leave and pay could be taken: 1) a. Mother takes 12 weeks leave/ pay b. Her partner takes the remaining 40 weeks leave/ 27 weeks pay. 2) a. Mother takes 2 weeks compulsory leave
b. The parents split the remaining leave and pay (25 weeks leave each and 37 weeks pay between them) and have the time off together. 3) a. Mother takes 12 weeks leave and then returns to work b. Partner takes 13 weeks leave and pay and then returns to work c. Mother takes the rest of the leave and pay (27/ 12 respectively.) Current statutory maternity and paternity pay is £138.18, though some organisations pay more, such as full pay rather than 90% for the first 6 weeks. There is no provision in this legislation, (Children and Families Act, 2014 ) that shared parental pay should be at the same rates as (enhanced) maternity pay. Indeed recent case law, Shuter v Ford Motor Co Ltd has ruled a woman can be paid full pay while on maternity leave and a man the statutory rate when on Additional Paternity Leave (APL). The court declared this was justified by the need to recruit and retain women in a male dominated workplace. It concluded the correct comparator is a woman taking APL. 4
PERS redundancy toolkit is available on our web site http://www.pers.org.uk/Publications.aspx
Legislation/ Case law
Every quarter we prepare a round-up of
new legislation and the most important employment law cases from the courts.
Discipline in and outside work There have been a couple of interesting cases regarding disciplinary procedures. The first concerns appeals and the second suspected criminal activity. Appeals In McMillan v Airedale NHS Foundation Trust, the Court of Appeal (CA) found the Trust could not increase a disciplinary sanction to a dismissal at appeal. In doing so it referred to the nonstatutory ACAS Guide on Discipline and Grievances which prevents this, as did the Trust’s own disciplinary policy. Further, it stated the right to appeal is to protect the
employee and if a sanction was increased then the employee could not appeal that decision. The CA concluded if an organisation wanted this right, it must be explicit. Criminal activity At what point does an employer act if the police are involved? In Okhiria v Royal Mail a postman was dismissed for gross misconduct for suspected criminal activity, namely the interception of mobile phones. He was dismissed prior to the conclusion of criminal charges and claimed
unfair dismissal. The Employment Tribunal (ET) rejected this saying the investigation had been adequate and the dismissal was ‘within the range of reasonable responses’. He appealed saying the ET decision was ‘perverse’ as any ‘reasonable employer’ would have waited till the conclusion of criminal proceedings. The Employment Appeal Tribunal, heard after Okhiria had been acquitted at trial, rejected this. This confirms the burden of proof required in an ET is lower than criminal courts.
In brief Holiday Pay This month the Employment Appeal Tribunal ruled that holiday pay must include overtime. This applies to the 4 weeks’ statutory holiday not the additional 1.6 weeks awarded by the UK government. Of course, you may decide to pay this higher rate for all holidays.
Matter resolved
Employees can claim back pay if there has been a gap of less than 3 months since they were last paid for holidays.
Is obesity the new disability? An interesting case, Kaltoft v The Municipality of Billund is still waiting a decision from the Court of Justice of the European Union. To date the preliminary opinion of the Advocate General is obesity was not a protected characteristic per se under the European Law. However the EU definition of disability includes scenarios where a physical or mental condition makes "carrying out of that job or participation in professional life objectively more difficult and demanding." He continued in "cases where the condition of obesity has reached a degree that it, in interaction with attitudinal and environmental barriers, as mentioned in the UN Convention, plainly hinders full participation in professional life on an equal footing with other employees due to the physical and/or psychological limitations that it entails, then it can be considered to be a disability." i.e. a ‘morbid obese’ employee may be disabled if the obesity had an effect on their capacity to perform the functions of their employment. In such a case an employer would have a duty to consider reasonable adjustments such as duties involving less mobility, bigger chairs. Note, employers can at the recruitment stage test to see if a candidate can do intrinsic aspects of the job.
ET fees There has been a 71% drop in ET claims for the 2nd quarter, 2014, compared to the same period last year ,stated the Ministry of Justice. Unison are arguing this is a result of the fee structure and the High Court held a judicial review on tribunal fees this month. Watch out for this important decision.
How the employment rights team can help you As the disciplinary case law above shows, employers have to take great care when contemplating dismissing employees where criminal activity is suspected. The process can be tricky but PERS can assist with advice on procedure and correspondence.
Mental health adjournments The Employment Appeal Tribunal (EAT) in U v Butler & Wilson, ruled an employment judge was wrong not to grant an adjournment to a mentally impaired claimant. U arrived at the tribunal shortly after the judge had decided to strike out his claim. He explained he was psychotic and the judge agreed he was obviously unwell, as he exhibited symptoms consistent with his disability. She reviewed her decision but refused to grant his application. The EAT stated not to grant the short adjournment was unreasonable in these circumstances.
5
Keep up to date with changing legislation through PERS ‘ services: telephone advice line, consultancy, training, health checks.
Home Working Service supports and develops entrepreneurial skills to grow home based business
New measures seeding new opportunities “The government has announced new measures which will give budding entrepreneurs greater freedom to plant, seed and grow their businesses from their own home. With 70% of businesses beginning at home and contributing £300 billion to the UK economy, the government wants to make it easier for people to begin their own home grown businesses. The new measures include the following: New legislation will make it easier for people to run a business from a rented home. The law will be changed so that landlords can be assured that agreeing to this will not undermine their residential tenancy agreement. A new model tenancy agreement will also be made available shortly.
Updated planning guidance makes it clear that planning permission should not normally be needed to run a business from your home. New business rates guidance clarifies that in the majority of circumstances home based businesses will not attract business rates. The package was announced at the first ever Home Business Summit at Somerset House, London by business minister Matthew Hancock. He said: “There’s never been a better time to start a business, and even more people are choosing to start up from home. “It’s this spirit of personal endeavour and self-determination that is driving our economic recovery. But home businesses don’t just fire up the economic engines and create jobs, they turn dormitory towns into living communities, they keep our streets safer, and by driving down car
emissions, cleaner too. “We know that starting up any business can also be hugely stressful and that’s why today I am announcing that the government will change the law to make life easier for Britain’s home businesses. We’ll give people the confidence they need to run a business from a rented home, making sure that the majority of home businesses are exempt from business rates and our aspiring entrepreneurs have the information they need to start up and grow.” Liz Peace Chief Executive of the British Property Federation said: “The British Property Federation firmly supports the Government’s will to remove unnecessary barriers to setting up a business at home. At least some of the ‘kitchen table’ businesses of today will expand and become the commercial property space-seekers of tomorrow. We therefore have an interest in ensuring that the law and our sector is adapting to modern business practice and supporting UK entrepreneurs at every stage of their business development.” Source: Enterprise Nation News provided by j4bgrants.co.uk.
1 in 7 self –employed More than one in seven workers in Kirklees are their “own boss” after a self-employment boom, new figures show. The district has joined a remarkable employment shift away from traditional jobs, which has led to Britain becoming the selfemployment capital of Western Europe. The most common self-employed jobs are in construction and taxi driving, although there has been an increase in the number of management consultants and chartered accountants. The Office for National Statistics (ONS) revealed the number of workers categorised as self-employed has risen to its highest in 40 years. Since the financial crash in 2008, two-thirds of the extra jobs created – 732,000 – have been people working for themselves. The Trades Union Congress (TUC) described the figures as “worrying”, as the selfemployed workers’ pay is typically around half that of people in employment. Its general secretary Frances O’Grady said: “The growth in self-employment is reducing people’s pay, job security and retirement income – and is likely to be reducing the government’s tax take too.” Article taken from http:// www.spenboroughguardian.co.uk/news/ business/business-news/one-in-sevenworkers-are-self-employed-1-6828811
Local company flourishing Jane Snook, owner of The Flower Shop in Batley has run her own business for 21 years. After having children, she decided to open her own company with a friend. They ran a catering business together for a couple of years before their current shop in Branch Road became available. “My friend had done some florist training so we decided to go for it,” Mrs Snook said. “Being self-employed can be hard. “We have gone through a recession and quite a few florists, including one in Birstall, closed so it has been tough.” But Mrs Snook said there were many benefits to being your own boss. “I am doing something I always wanted to do and it allows me to be more creative,” she said. Batley News, 10th September 2014
If you want any further information please call the Home Working Service on 01924 428032
6
Support for a local PR business LearnDirect in Batley.
Dianne said: “It was a really helpful meeting. I explained to Debra about my new work-from-home business and she came up with loads of ideas which I had never even thought about!
DEadlines is a writing business with 20 years experience in national and regional journalism and public relations. It offers affordable services to community organisations and small businesses. The business is run by qualified journalist Dianne Watkinson who has worked as a press officer with arts and charity organisations . Further she has prepared successful public relations (PR) campaigns for a wide range of community groups, theatres, golf clubs, health and leisure facilities and schools.
“It was useful as a signposting service to help me find relevant organisations such as Kirklees, Loca and the Workers Education Association and also for accessing services such as the HMRC’s tutorials for start-up businesses. “Debra also explained about the aspects of running a business which were totally new to me such as Health and Safety, insurance, pensions, self-employed NI and sources of self-improvement support such as relevant college courses.” Five months after Dianne’s first contact with PERS her business is slowly growing and her website is now live, see www.deadlines-pr.co.uk. She is delighted to have developed a work-life strategy based around a strict timetable which
Dianne operates from her home in Mirfield, West Yorkshire, balancing family life with building a new business based from her experience as a journalist and press officer. Raising two young boys and running a family home, the work-from-home option was, as they say, a ‘no-brainer’ for Dianne, giving her the flexibility to cut the commuting time and balance work and home life.
Diane
enables her to manage both DEadlines and family in the same space. During these months Debra has been in regular contact with Dianne, sending emails with further advice, potential contacts and useful courses. Dianne explains that her personal motivation is being driven by positive engagement with people, not ‘sales’. Whether it’s writing engaging copy for websites or effective Press Releases and a confident sell-in, Dianne helps organisations develop and deliver effective and creative PR to suit their needs and budget. She added: “I am dedicated to bringing fresh ideas and flair to your project by combining my experience, efficiency and passion for PR and accurate writing. My sole aim is to help organisations raise their positive public profile and develop sustainable engagement with their audience. “I would definitely recommend anyone setting up a new business, especially someone who is hoping to run their business from home to contact PERS they provide a dedicated, professional and, above all caring and friendly, source of information and inspiration.” You can contact Dianne on dianne@deadlines-pr.co.uk or call 07955 360071. You can follow her blogs and social media conversations via www.facebook.com/deadlinespr, or http://uk.linkedin.com/in/deadlinespr.
She contacted Homeworking Development Worker Debra Johnson at PERS in Batley after seeing information about the Home Working Service at Dip,
How the Home Working service can help you The project is funded by Big Lottery under the Reaching Communities programme. It started in 2009 and is staffed by committed development officers who support individuals either doing paid work from home or who want to become self-employed working from home. The project also provides information and advice on home working, and spotting scams, as well as offering free health and safety risk assessments and equipment (subject to funding). If you are thinking of setting up a business from home or would like support in looking for work to do from home, please contact the PERS Home Working team on 01924 428032. 7
If you want any further information please call the Home Working Service on 01924 428032
Bradford Alliance Community Care (BACC) Coming Together Bradford Alliance on Community Care (BACC), was set up in 1989 by community and voluntary groups and organisations to strengthen the voices of community care service users and carers at the planning stage of health and social care services across the Bradford Metropolitan District. It aims to encourage inclusion and combat disadvantage. BACC supports the empowerment of disadvantaged people so they can take a proactive role influencing services that contribute to their own well-being, rather than receiving help, which may or may not meet their particular needs. In 2013 BACC joined a partnership of local disabled people led organisations. Other partners included Bradford Disability Services Ltd (Disability Equipment Bradford & Disability Advice Bradford), and Contact Peer Support. This new partnership will work to empower and enhance the daily lives of people with disabilities, carers, their families and the wider community by delivering a varied range of support services, activities and solutions.
Funding success A consortium funding bid was submitted to the three NHS Clinical Commissioning Groups (CCGs) for the District of Bradford in November 2013 and £228,000 was secured for 2014/15.
Merger The three organisations are merging into a new charity: Equality Together which is being launched on November 20th from 10am -12.30pm at Carlisle Business Centre. The aim is the new organisation will be fully operational from April 2015. Equality Together’s passion is to develop a strong Disabled People’s User Led Organisation (DPULO), based on the experiences of disabled people. Further, it wants to create an infrastructure of services operating throughout the District. We currently provide a wide range of services around: • Advocacy • Managing Money • Independent Living • Social Care • Rehabilitation Support • Information, Advice & Guidance • Benefit Advice & Rights • Training & Employability Community development and cohesion Co-Production • Peer support Campaigning around issues that are
•
important to disabled people Volunteering
The agenda of the coalition Government is to continue to reduce expenditure locally, regionally and nationally and whatever happens in the general election (May 2015) this looks very unlikely to change in the short term. Local authorities and CCG’s are being forced to make more and more cuts to front line services but also seek other alternative methods of service provision and delivery. Our partnership aims to provide a realistic user focused & led alternative which is both cost effective and full of added value that in turn will meet the needs of commissioning agencies but more importantly that of people who face disabling barriers in our society. The boards and staff of BDSL, Contact & BACC are working very hard to create Equality Together and bring together the 3 organisations. Despite the very challenging times we’re working in, this is a very exciting development. To find out more about BACC and Equality Together please contact equalitytogether@gmail.com or telephone 01274 481590. Please follow BACC on https://www.facebook.com/ BradfordAllianceOnCommunityCare or twitter.com/BACCtweets
PERS is a small charity committed to providing high quality services which are accessible and affordable to those most in need. To maintain most of our services we rely on grant funding and the generosity of donors who support our aims - this is increasingly difficult in the current financial climate, although our services are needed more than ever. We appreciate your donations large or small which enable us to continue the valuable work of our charity in promoting good employment practice.
Contact details Pay & Employment Rights Service
www.pers.org.uk
Unit 14, Batley Enterprise Centre 513 Bradford Road West Yorkshire, WF17 8LL
http://tinyurl. com.9yv5eo admin@pers.org.uk
01924 428 033
8 @PERSAdvice