| HR & EMPLOYMENT LAW
Jackie le Poidevin, Editor-in-Chief, HR Adviser |
3 Key Actions to Meet Your Duties Under the New 3-tier System
On 2 December, the national lockdown is ending and England is returning to a 3-tier system of regional restrictions. These restrictions will be tougher than under the original tier system introduced in October. Here are 3 tips to help you and your employees meet your responsibilities under the latest rules.
- Keep on Top of Your Tier
Only three areas of England are currently in Tier 1 (medium alert), which has the lowest level of restrictions: the Isle of Wight, Cornwall and the Scilly Isles. Many areas are in Tier 2 (high alert), including the whole of London, Liverpool City Region, York and much of the South East and South West. Areas in Tier 3 (very high alert) include Greater Manchester, Birmingham, the North East, Bristol and Kent. The full list is at: bit.ly/2V8djkM.
This system is expected to last until the end of March 2021, so there’s lots of time for areas to change tiers, perhaps multiple times. You should therefore keep employees updated on what tier their workplace is in and what impact this has on them.
- Maintain Working from Home
In all 3 tiers, anyone who can work from home must continue to do so. By the end of March, this means you may have had employees working remotely for you for more than a year. It would be worth encouraging your managers to:
- Check whether their remote team members need any additional support, such as equipment or software that would help them work more efficiently or comfortably.
- Keep taking the time to talk to their team members regularly via videoconferencing and ensure they feel included and valued.
- Look out for and act on signs of anxiety, isolation or overwork.
- Ask employees about their work set up at home and their work-life balance and offer help and advice where they can.
And if you haven’t arranged your virtual Christmas party yet, now is the time.
- Think About Commuting Arrangements
As well as understanding the travel rules in the tier where your workplace is located, you need to keep on top of the restrictions in neighbouring areas where your staff may be commuting from. These are the rules:
- Tier 1: staff should walk or cycle if possible. They should avoid travel into tier 3 areas except where necessary for work or other essential purposes (e.g. to take their children to school, obtain medical care or care for someone).
- Tier 2: staff should reduce the number of journeys they make where possible. As above, they should avoid non-essential travel into tier 3 areas.
- Tier 3: staff should reduce the number of journeys they make where possible. They should avoid travelling out of the area except where necessary for work or other essential purposes.
You should explain these rules to staff and consider giving some examples of acceptable and non-acceptable behaviour. For example, if you and your staff are based in a Tier 2 area, you may wish to encourage them to shop local. Although non-essential shops can reopen in all three tiers, going to a very high alert area would increase their risk of catching Covid-19 and passing it on to colleagues or customers.
As long as you warn staff in advance what your policy is, it’s possible you could discipline or even dismiss an employee, especially if you have vulnerable service users, if they travel to a Tier 3 area in breach of the Government restrictions. You should avoid being too heavy-handed, though.
Tip: If you have employees commuting in and out of a Tier 3 area, consider giving them a simple letter on company notepaper (with your address) explaining that they work for you and what their role is. If someone queries whether their journey is essential, they can use the letter as evidence that they need to travel.
| PAYROLL
Sarah Bradford, Editor-in-Chief, Pay & Benefits Adviser |
Your Deadline for Claiming Under Phase 2 of the CJRS
Although the Coronavirus Job Retention Scheme (CJRS) has now been extended until 31 March 2021, the last day on which claims can be made under the second phase of the scheme is 30 November 2020.
CJRS Phase 2
The second phase of the CJRS ran from 1 July 2020 to 30 October 2020. The first phase came to an end on 30 June 2020 and claims under that phase had to be made by 31 July 2020.
Under the second phase of the scheme, a claim could only be made for an employee who had been furloughed for a period of at least 3 consecutive weeks prior to 1 July 2020. Further, the number of employees in respect of whom a claim can be made in any single claim period cannot exceed the maximum number of employees claimed under any claim prior to 1 July 2020.
From 1 November 2020 under the extended scheme, there is no limit on the number of employees who can be included within a single claim.
Support Under Phase 2
Flexible furlough was introduced from 1 July 2020 and under the second phase of the CJRS, claims can be made in respect of an employee’s furlough hours, regardless of whether the employee was fully or flexible furloughed. Where an employee was flexibly furloughed, the employer had to pay them for the hours that they worked at their usual rate.
Throughout the second phase of the scheme, employees continued to receive 80% of their usual pay for their furlough hours, up to a maximum of £2,500 a month (proportionately reduced where the employee was not fully furloughed for the whole month).
However, the amount that the employer paid was different in each month of the second phase. Where the employer cannot claim the full 80%, as is the case for September and October 2020, the employer must make up the difference.
The support available under the second phase of the scheme is shown in the table below.
| Month | Employee grant | Government contribution |
Employertop up | Employer’s NIC and pension contributions claimed |
| July 2020 | 80% of usual pay up to £2,500 per month | 80% of usual pay up to £2,500 per month | Nil | Yes |
| August 2020 | 80% of usual pay up to £2,500 per month | 80% of usual pay up to £2,500 per month | Nil | No |
| September 2020 | 80% of usual pay up to £2,500 per month | 70% of usual pay up to £2,87.50 per month | 10% of usual pay up to £312.50 per month | No |
| October 2020 | 80% of usual pay up to £2,500 per month | 60% of usual pay up to £1,875 per month | 20% of usual pay up to £625 per month | No |
How to Make a Claim
Claims must be made online via the dedicated portal. During the second phase of the scheme, claims must be made for a minimum period of 7 consecutive days and claims must start and finish in the same calendar month. As only one claim can be made for each claim period, all employees should be included on the same claim.
After 30 November 2020, it will not be possible to claim grants for the second phase of the scheme, even if payment has already been made to an employee in anticipation of a grant.
| HEALTH & SAFETY
Paul Smith, Editor-in-Chief, Health & Safety Adviser |
Visiting Drivers: How to Meet the Safety, Health and Welfare Requirements
There has been lots of good news this week: the Government’s ‘Winter Plan’ has made the direction for the next few months clearer and the vaccine news is brilliant. You may, though, have missed a warning that potentially affects all organisations that make or receive deliveries by road. Jointly issued by the Department for Transport and the Health and Safety Executive (HSE), the letter sets out what employers must do to address a very basic human need: for drivers to be able to use the loo. We summarise what firms are being asked to provide and why this could have wider implications for your risk assessments.
When 2020’s history is written, one of the great success stories will be the efforts of the road haulage sector to maintain deliveries of food and thousands of other commodities essential to the smooth running of our society. But, whether it’s a 30-tonne long distance freight trunker or a small local delivery van, every vehicle has a driver, and every driver needs to – well – wee and poop.
Covid-19 has Removed Many ‘Facilities’
These essential workers have operated throughout the two lockdowns, sometimes making far more deliveries than normal, yet many of the normal comfort-break options have been denied to them. Yes, motorway services have stayed open, but many cafes, public toilets and similar ports of call have simply shut.
On top of this, the HSE has received reports that drivers are being denied access to welfare facilities when they collect or deliver – perhaps from an understandable desire by firms to minimise numbers on the premises and, by extension, the opportunities for Covid-19 transmission.
Employers’ Duties
Just in case there is any doubt, the joint letter spells it out: ‘Businesses which make or receive deliveries, should ensure that drivers have easy and safe access to toilets and hand washing facilities to support their health and wellbeing whilst carrying out their important work, which supports the economy.’ It goes on to make it clear that denying drivers access to these facilities is actually a criminal offence, with the legal liability sitting with whoever is in control of the premises.
Quite apart from using the toilet, drivers must have access to facilities for hand washing: a basic recommended hygiene precaution throughout the pandemic. At the same time, drivers will need to comply with your requirements on social distancing, and this may in turn require a rethink of your existing arrangements.
Safety Implications
Many accidents have occurred where vehicles have been driven away while loading or unloading is still in progress. Should this happen, it can put the loader/unloader (e.g. forklift operator) in grave danger. With some operations (e.g. filling tippers with rubble or rocks), drivers can also be at risk from falling materials if they stay in the cab while the vehicle is loaded. Recognising both these hazards, many firms ask that drivers leave the cab, some going even further and insisting on ignition keys being handed over for safe keeping while the driver waits elsewhere.
The HSE is now saying that if your existing facilities do not allow drivers to maintain social distancing, it may be safer – as a temporary measure – for drivers to remain in their cab during loading or unloading. If this is the case, you should revisit your risk assessment to ensure safety is not eroded; this should consider risks to anyone involved, notably drivers and those carrying out the loading/unloading. In summary:
- Ensure visiting drivers are never denied access to welfare facilities including toilets and handwashing.
- Facilities must meet the needs of female as well as male drivers.
- Make sure drivers are aware of your Covid-Secure requirements in as far as they are affected by them.
- Make maximum use of images in your instructions, to help those for whom English is not their first language.
- If you operate a ‘drivers must leave the cab’ policy, ensure there is a safe (socially-distanced) place for them to wait.
- If you allow drivers to remain in the cab, ensure this does not put them or anyone else at risk.