| HR & EMPLOYMENT LAW
Jackie Le Poidevin, Editor-in-Chief, HR Adviser |
New International Treaty on Violence and Harassment: what Happens Now?
On 7 March, the UK government ratified the International Labour Organisation’s Violence and Harassment Convention 2019. The convention sets out the first international framework for tackling violence and harassment in the workplace. The government has indicated that existing UK legislation largely satisfies the convention’s requirements. However, there are some extra obligations set out in the treaty which it’s important for you to be aware of.
The first thing to note is that the convention will only come into force in the UK on 7 March 2023. You don’t, therefore, need to take any immediate action following its ratification. There are a couple of important changes to prepare for, though.
Third-party Harassment
To comply with the convention, the government will be reintroducing explicit protections for employees from harassment by third parties, such as customers and clients.
We don’t know exactly what form these protections will take. However, some of the key practical actions you can take to address third-party harassment include:
- Stating in your dignity at work policy that you will investigate all allegations of harassment by customers (or other third parties) and that you won’t penalise members of staff for speaking up.
- Putting up signs warning customers (if you’re a customer-facing business) that you don’t tolerate violence or harassment against your employees.
- Acting on all complaints of third-party harassment. For example, you might ban a member of the public who has harassed a member of your team or ask a client’s HR manager to speak to or reassign an employee who has acted inappropriately. You might also move your own employee to other tasks so they won’t meet the harasser again – as long as this isn’t a demotion.
- Referring the employee to an external support service or helping them make a police complaint if necessary.
Sexual Harassment
The government intends to introduce a new duty on employers to take proactive steps to prevent their employees from experiencing sexual harassment. Also, the Equality and Human Rights Commission will be creating a statutory Code of Practice on sexual harassment and harassment in the workplace and accompanying guidance for employers.
For the moment, you should continue to comply with your existing legal duties. You can currently only defend yourself against liability for harassment carried out by your employees if you can show you took ‘all reasonable steps’ to prevent that harassment.
When the draft legislation and Code of Practice are out, we’ll have a clearer idea of whether there’s more you need to do to protect team members from harassment.
Other Potential Changes
The convention requires the government to:
- Oblige employers to create a workplace policy on violence and harassment ‘in consultation with workers and their representatives’.
- ‘Recognise the effects of domestic violence and, so far as is reasonably practicable, mitigate its impact in the world of work.’
- Ensure a broad range of individuals, not just employees, are protected from violence and harassment at work, including volunteers.
These requirements could all require changes to UK legislation and policies.
What’s Next?
There’s no timetable for implementing the reforms which the government has already announced. However, given that the convention takes effect in less than a year, we will presumably see further announcements fairly soon.
| HEALTH & SAFETY
Michael Ellerby, Editorial Board Member, Health & Safety Adviser and Risk Assessment & Compliance |
Prevent the 9 Most Common Slip, Trip and Fall Hazards
About a third of workplace injuries arise from slips, trips and falls. According to the Health and Safety Executive, these cost employers over £500 million each year in lost production and other costs. There are many reasons why people slip, trip or fall, with the most common being associated with the condition of the floor, contamination on the floor (or footwear), obstacles, cleaning, damaged flooring, missing handrails, poor lighting, inappropriate footwear, etc. There are many things you can do to reduce these injuries (often based on your risk assessments).
Although slips, trips and falls may be the most common cause of accidents, they can be controlled and managed by appropriate work practices and (generally) with very little expenditure. Here are the 9 most common hazards you should check for in your risk assessment.
- Floors
The floor must be suitable for its intended use. Routes should be wide enough to allow safe passage of the type and volume of foot (and other) traffic that is expected. If a floor cannot be kept dry, it should still be safe to walk on. This is an important design consideration in leisure centres, swimming pools, cold storage areas, kitchens, etc.
Floors may become slippery during cleaning. Consider cleaning the floors when fewer people are moving within the premises, such as before or after the normal working day. Review cleaning operations including display barriers and warning notices. Ensure that appropriate cleaning techniques are used, such as using a dry mop/squeegee to reduce floor drying time. It may be appropriate to arrange alternative bypass routes.
Maintain floors and floor coverings (carpets, tiles, etc.) in good condition to reduce the potential for trip hazards. Holes in the floor should be filled in and carpets and other floor coverings secured. Check that mats do not slip and slide on the floor surface.
If changes in elevation (ramps, raised platforms, etc.) cannot be avoided, then they should be highlighted (warning notices, signs, use of colour or other highlighting techniques).
Provide sufficient suitable bins to reduce litter, etc.
- Steps and Stairs
These should be suitable for their intended use and environment. They should be well lit and provided with robust handrails, ideally on each side. Consideration should be given to the height and width steps. The risers should be consistent and the nosings on the steps and stairs should be clearly marked in colours that contrast with the rest of the steps.
- Lighting
Ensure that lighting levels are suitable for the area and should avoid casting shadows across the walkway or staircase. Ensure that defective lighting is addressed as soon as it is reported.
- Spillages
Establish simple and suitable procedures for responding to spillages. Ensure that they are reported and dealt with as soon as they happen (or as soon as they are noticed). The nature of your spillage response provision will depend on the nature of expected spillages.
- Trailing Cables
These should be avoided wherever possible. Position equipment to avoid cables crossing pedestrian routes and provide securely fitted proprietary cable covers if cables need to be trailed. In workshops, you may provide cordless portable tools to reduce trailing cables.
- Known Problem Areas
These should be assessed and treated accordingly. Solutions may include weather mats in entrances, specialist cleaning of slippery areas, and the use of gritting materials on external paths in icy weather.
- Drinks Machines and Dispensers
The areas around such equipment may become slippery due to spillages of water, tea, coffee, etc. Consider siting such machines away from main walkways and through-routes or fit absorbent carpets around the machines.
- Footwear
Instruct workers to wear suitable footwear, particularly with the correct type of sole. Note: if required, protective footwear must be provided free of charge. You will have little control on the type of footwear worn by visitors.
- Housekeeping and Active Monitoring
Even if walkways are suitable and satisfactory, they need to be maintained, as do good standards of housekeeping. Regular, active monitoring of pedestrian routes is essential to prevent issues from developing.
| PAYROLL
Sarah Bradford, Editor-in-Chief, Pay & Benefits Adviser |
Time is Running Out to Claim SSP Rebate
The Coronavirus Statutory Sick Pay Scheme was resurrected at the end of last year, allowing qualifying employers to claim back up to 2 weeks’ SSP paid to employees who were off work due to coronavirus. However, the resurrected scheme only applies in respect of coronavirus absences that fall between 21 December 2021 and 17 March 2022. The deadline for making a rebate claim is 24 March 2022, meaning that time is running short for eligible employers who have yet to make their claim.
Eligibility
The scheme is only open to employers who had fewer than 250 employees on their PAYE scheme on 30 November 2021.
Claims can be made in respect of employees who have been paid SSP because of a coronavirus absence – the employer must pay the SSP first and claim it back, not the other way round. An absence qualifies as a coronavirus absence is the employee is paid SSP if they are unable to work because:
- They have Covid-19 symptoms.
- They are self-isolating because they live with someone who has Covid-19 symptoms.
- They are self-isolating because they have been notified by the NHS or a public health body that they have come into contact with someone with Covid-19.
- They have been told by the NHS to self-isolate before surgery for up to 14 days.
The amount that the employer can claim back under the scheme is capped at two 2 weeks’ SSP per employee, even if they are absent from work due to Coronavirus and paid SSP for longer than this. The current weekly rate of SSP is £96.35, meaning the maximum claim is £197.20 per employee. A claim can be made in respect of an employee under the resurrected scheme even if a claim was made for SSP paid to that employee under the original scheme.
Making the Claim
Rebates can be claimed via the dedicated online claims service available on the Gov.uk website here.
When making the claim, you must first work out the claim period. Claims can be paid for multiple pay periods and multiple employees at the same time, and where multiple claims are made, these can overlap. You will need to know the start and end date of the claim period – the start date is the earliest pay period for which a claim is made, or 21 December 2021 is this is later, and the end date is the end date of the most recent period for which a claim is made (which must be on or before the date on which the claim is made). Claims cannot be made for SSP paid after 17 March 2022.
In addition, you will need provide the number of employees in respect of whom SSP is being reclaimed and the total amount of the claim (capped at 2 weeks’ SSP per employee).
To make the claim, you will need to sign in using your Government Gateway user ID and password. You will also need to supply your employer PAYE reference, a contact name and phone number and details of the bank account into which the rebate should be paid. Rebates should be made within 6 days.
If you use an agent to do your payroll, the agent can make the claim on your behalf.
Keeping Records
If you make a claim under the scheme, you will need to keep records of the dates that the employee was absent from work, whether they were qualifying days, the reason that the employee was absent from work and the employee’s National Insurance number. The records should be kept for at least 3 years from the date of the claim.