| HR & EMPLOYMENT LAW
Jackie Le Poidevin, Editor-in-Chief, HR Adviser |
Early Scrapping of Self-isolation: Key Risks and What to Do Now
The Prime Minister will be presenting his ‘strategy for living with Covid’ on Monday. As part of this, he is expected to announce that the legal requirement to isolate after testing positive for the virus will be removed at or near the end of February, a full month early. What will this mean for you as an employer?
Risks
If this measure goes ahead, there are few things to watch out for:
- Some Employees May Fail to Adhere to Your Covid Precautions
Many employees are likely to welcome this move as signalling a return to normality. However, the risk is that some may feel the pandemic is over and they no longer need to bother complying with safety measures in your workplace, such as social distancing or wearing a mask. At the same time, if compulsory isolation is scrapped, they will be more likely to be coming into work with Covid.
Despite the removal of the remaining legal restrictions, you still have a duty under health and safety legislation to keep employees and customers safe. Although, for most people, catching Omicron doesn’t appear to be serious, it’s not clear whether it might cause long-term health problems such as Long Covid. It could also be very harmful for employees or their family members who are clinically vulnerable or extremely vulnerable.
- Some Employees May be More Anxious About Catching Covid
Any lifting of your precautions, failure to enforce them or fear that colleagues may be coming into work despite having Covid, could deter employees from attending the workplace. It will be less risky to dismiss someone for being absent without leave once the last government restrictions have been swept away.
However, especially if they have a health vulnerability and they’re in a role they can do perfectly well from home, they might still bring a successful employment tribunal claim. The employee might either claim disability discrimination or automatic unfair dismissal for refusing to work due to perceived ‘serious and imminent danger’.
- You Could Face a Rise in Sickness Absence
It’s thought the government will issue guidance encouraging people not to attend work if they have Covid, despite there no longer being a legal requirement to isolate. Even if it doesn’t do this, you may wish to introduce a policy requiring employees who have Covid – or perhaps any cold or flu – symptoms to:
- Work from home (if they can and they’re well enough). Or,
- Take sick leave (if they can’t work from home or are too ill to work).
Although this may leave you short staffed, it will reduce the risk of a workplace outbreak that could be more costly for your business.
Your 5 Key Actions
- Review your risk assessment and consult staff. Depending on the make-up of your workforce, their vaccination status and the prevailing mood, you might decide to loosen certain precautions or retain all of them for now.
- Follow any new government guidance, as failing to do so will increase the risk of tribunal claims.
- Introduce a policy setting out what employees should do if they have Covid symptoms and what pay they’ll receive. The government may bring the amended statutory sick pay (SSP) rules to an end, which would mean no more SSP from day 1 of the absence. If you want to encourage employees with symptoms to stay away when they feel well enough to work, you might consider giving full pay (or some pay) from the first day of the absence.
- Consider using temperature checks or testing to reduce the risk of asymptomatic employees coming into work and spreading the virus. If free testing is scrapped, you might reimburse employees for the tests. If the government withdraws SSP for asymptomatic employees, it’s likely you’ll need to give them full pay if you want them to stay off work. This is because employees are entitled to be paid if you prevent them from working when they are ready, willing and able to do so.
- Keep encouraging staff to get vaccinated and get their booster jabs, as this will cut the risk of a workplace outbreak.
| HEALTH & SAFETY
Michael Ellerby, Editorial Board Member, Health & Safety Adviser and Risk Assessment & Compliance |
10 Ways to Keep your Fire Risk Assessment Up to Date and Protect Staff and Visitors
We all know that fire safety is an important part of running a business: fires can lead to loss of premises and stock, injury and death. The Fire Officer may visit your premises and ask to see a copy of your fire risk assessment, or your insurers may ask to see a copy.
- Carry Out Your Fire Risk Assessment
Understand where fires may start in your premises. Identify what sources of fuel you have (such as cardboard, paper, organic solvents, oils, plastics, gas supplies, etc.). Identify potential sources of ignition (electrical equipment and installations, hot surfaces, welding operations, etc.). Also consider the risks from arson which accounts for around half of all fires attended to by the Fire and Rescue Services.
If you are not competent to conduct your own fire risk assessment, then enlist the services of a Fire Risk Assessor. Engage with them to ensure that the resulting fire risk assessment reflects the risks associated with your business, and that the control measures that are put in place are suitable and proportionate to the needs of your business.
Keep the fire risk assessment up to date. It should be updated to reflect changes in the business, in the use of the premises (such as a change in shift pattern), changes in risks from equipment or operations, and should be reviewed every 1–3 years in any event.
- Focus on Housekeeping
Good housekeeping can reduce the risk of a fire starting, reduce the potential (or rate) of fire spread, and improve the speed and ease of evacuation.
- Fire Alarm
It may be necessary to establish an early fire warning system, such as a fire alarm system linked to manual call points, and automatic fire detection (such as smoke detectors or heat detectors, etc.
- Fire Escape Routes
Identify the fire escape routes from the workplaces to places of safety (usually outside of the premises). Ensure that these escape routes are clearly identified (with suitable directional signage) and suitably illuminated (this may include emergency or escape lighting).
- Final Exit Doors
Check that all final exit doors are unlocked and unobstructed whenever the premises are occupied.
- Roll Call
Establish a simple and robust system to ensure that everyone is out when the alarm has been sounded. This may be based on a roll call system, or on a sweep of the premises by trained fire wardens.
- Maglocks and Door Retainers
It can be beneficial from a security point of view to hold some external doors closed with maglock (or other) systems. These must be interlinked with the alarm system to ensure that they release when the fire alarm is activated. Similarly, some inner doors may be retained in an open position by retainer systems to allow ease of movement, but these must release and self-close promptly when the alarm system is activated. Such systems should be checked as part of the regular fire alarm checks.
- Fire Fighting Equipment
Fire extinguishers should be provided at strategic locations within the premises (on exit routes). These must be chosen to suit the fire risks within the business and are usually wall mounted or provided in floor-mounted cradles, with appropriate signage indicating the type of equipment provided (such as water, foam, carbon dioxide, powder, or dry chemical).
- Training
All workers need to receive fire safety training when they join the business (induction training, focused on the risks and arrangements within the business) as well as regular refresher training. Such training should include actions to take on discovering a fire or hearing the fire alarm. Ideally, it will include walking the escape routes to the assembly point. Training may also include instruction in the safe and appropriate use of firefighting equipment.
- Fire Drills
How will you know if all this will work to save lives, property, and the business? Carry out a fire drill at regular intervals. The interval should be determined as part of the fire risk assessment, and will depend on the level of risk.
| PAYROLL
Sarah Bradford, Editor-in-Chief, Pay & Benefits Adviser |
HMRC’s Online Expenses and Benefits Service Decommissioned: the New Way to Submit P11Ds
If you have provided employees with taxable expenses and benefits in the 2021/22 tax year which you have not payrolled, and which are not to be included in a PAYE Settlement Agreement, you will need to tell HMRC about the taxable benefits that you have provided to each employee on form P11D. The forms must be submitted to HMRC by 6 July 2022. You will also need to send in a P11D(b) if you have reported benefits and expenses on P11D forms or if you have payrolled benefits. This, too, must reach HMRC by 6 July 2022. Although there are various ways to submit the forms, one popular submission route is being withdrawn.
Online Expenses and Benefits Service
If, in the past, you have used HMRC’s Online Expenses and Benefits service to file your P11Ds and your P11D(b), you will need to find an alternative submission route for your 2021/22 returns as the service is being decommissioned. The service used interactive PDFs to report end-of-year expenses and benefits.
The service will cease to be available from 6 April 2022.
PAYE Online
If you wish to continue to use HMRC free software to send your expenses and benefits returns to HMRC, you can still do so if you need to make submissions for 500 or fewer employees by using HMRC’s PAYE Online service. If you are already registered to use PAYE Online, it is relatively straightforward to use the service to file your 2021/22 expenses and benefits returns. However if you have not used the service before, you will need to register first.
If you need to send expenses and benefits information for more than 500 employees, you will not be able to use HMRC’s PAYE Online service to do this.
Commercial Payroll Software
Depending on the payroll software that you use, you may be able to send your P11Ds and your P11D(b) to HMRC via your payroll software package. If you want to file online and you have more than 500 employees in respect of whom you need to send P11D information to HMRC, you will need to use commercial payroll software to do this as HMRC’s PAYE Online service can only accommodate up to 500 employees.
Before filing returns, check that your software is up-to-date and can accommodate 2021/22 expenses and benefits returns. If you are unsure whether you can use your existing payroll software to file expenses and benefits returns, check with your software provider. If your payroll software cannot be used to file expenses and benefits returns, you can use software specifically for this purpose.
Paper Forms
Although it is generally easier and quicker to file your returns online, unlike some returns, electronic filing is not compulsory for expenses and benefits returns. This means, that if you prefer, you can send in paper forms. Blank versions of the forms are available on the Gov.uk website, which you can print off and complete before sending to HMRC.
Whichever submission route you choose, allow sufficient time to file your returns as penalties may be charged for late and incorrect returns.