| HR & EMPLOYMENT LAW
Jackie le Poidevin, Editor-in-Chief, HR Adviser |
7 Practical Steps to Prepare for Tougher Covid Restrictions
Despite the 3-tier lockdown system only coming into force on Wednesday, speculation is rife that tougher measures in the form of a ‘circuit breaker’ lockdown in England are imminent. At the time of writing, talks were also ongoing on placing large parts of northern England in ‘very high’ tier 3 and London in ‘high alert’ tier 2 lockdowns. So, what can you do to prepare for this rapidly changing landscape?
The first thing, of course, is to get to grips with what the 3-tier restrictions mean for your business. The good news is that the majority of businesses don’t have to make major changes at the moment, whatever tier they’re in. Unless you’re in one of the affected sectors:
- Employees who can work effectively from home should continue to do so.
- All other employees should continue to go into work (where your Covid-secure measures should remain in force).
- Although there are travel restrictions for tiers 2 and 3, these don’t apply to work-related travel. For example, employees who live in a tier 3 area and work in a tier 2 area (or vice versa) can commute between the two areas. People can also travel in and out of Wales for work purposes, despite its travel ban.
Covid 19: 3-Tier Restrictions
This is a summary of the 3-tier restrictions as they affect businesses:
Tier 3
- Pubs and bars may only stay open if they serve alcohol as part of a substantial meal.
- Organised indoor exercise classes are only permitted if participants can avoid mixing with people they do not live, or share a support bubble, with.
- Travel in and out of a tier 3 area should be avoided, other than for work (and some other) purposes.
- With local leaders’ agreement, further restrictions may be imposed on the hospitality, leisure, entertainment and personal care sectors.
Tier 2
- The 10pm curfew continues to apply to hospitality venues.
- Organised indoor exercise classes are only permitted if participants can avoid mixing with people they do not live, or share a support bubble, with.
- The number of journeys made should be reduced, with walking or cycling used where possible.
Tier 1
- The 10pm curfew continues to apply to hospitality venues.
- Organised indoor sport and exercise classes can continue to take place within the ‘rule of 6’.
7 Tips to Prepare
Although most businesses currently fall outside the scope of these restrictions, there are two big unknowns. First, tougher measures may be introduced in some sectors in tier 3 areas and, second, there could be a ‘circuit breaker’ lockdown. This might be timed to coincide with the half-term holidays and might be restricted to urban areas with higher Covid-19 rates.
Northern Ireland is introducing a 4-week ‘circuit breaker’ lockdown from today (Friday) and this may be a foretaste of what’s to come across the rest of Britain. These are 7 steps you can take to prepare for tougher restrictions:
- Check you have up-to-date staff contact details. If a circuit-breaker lockdown is introduced or your alert level changes, you may need communicate changes to working arrangements at very short notice.
- If your area is in, or moves into, tier 3, or staff live in a tier 3 area, provide employees with a letter to show their journey is for work purposes.
- Look at whether there’s more you can do to reduce travel by public transport in peak hours. Can more staff walk or cycle or travel outside rush hours?
- With Covid cases rising, you’re likely to see more sickness absence and more staff having to self-isolate or home school their children. Think how you’ll cover for those absences, for example by using an employment agency.
- If you have premises in different areas and think some may be forced to close, consider whether you would like some staff to travel to a different workplace. If so, check whether you have mobility clauses allowing you to change their place of work. If you don’t, you’ll need their agreement.
- If your business is at risk of closure, familiarise yourself with the financial support on offer. As well as the extension to the Job Support Scheme (see our separate article in this Update), grants of up to £3,000 a month are available to help with things like fixed premises costs. Are these enough to stave off job losses or do you need to consult now on possible redundancies in case restrictions are imposed?
- Communicate with staff – they may be confused about the new restrictions or worried about losing their job, managing on two-thirds of their pay or falling ill. Keep them updated on developments, consult them on any plans that affect them, listen to their concerns and be supportive.
| PAYROLL
Sarah Bradford, Editor-in-Chief, Pay & Benefits Adviser |
Extension to Job Support Scheme Announced: How to Claim
On Monday, the Prime Minister set out a new three-tier system for lockdown restrictions. Areas that fall in the top tier (very high alert) are subject to severe restrictions which include the closing of pubs and bars unless they serve substantial food. In the Liverpool City region, which at the time of writing was the only region to be placed on high alert, gyms, leisure centres, betting shops and casinos will also close in addition to the baseline restrictions.
Ahead of the Prime Minister’s announcement, on Friday 9 October, the Chancellor set out an extension to the Job Support Scheme to help employees of businesses that are forced to close as a result of the new restrictions. The Job Support Scheme replaces the Coronavirus Job Retention Scheme (the furlough scheme) when it comes to an end on 31 October 2020. The Job Support Scheme will run for 6 months, from 1 November 2020 to 30 April 2020.
Nature of the Job Support Scheme
Under the Job Support Scheme, employers will be able to claim a grant to pay some of the wages of employees who are working fewer hours than normal. As long as the employee works at least one-third of their normal hours, the employer can claim a grant from the Government to pay the employee for one-third of their usual hours that they do no work.
The employer must pay the employee for the hours worked and also one-third of the unworked hours. Collectively, this ensures that the employee will receive at least 77% of their usual pay.
Extension to the Scheme
The Job Support Scheme Expansion for Closed Business Premises provides temporary support to businesses whose premises have been legally required to close as a direct result of Coronavirus restrictions imposed by the Government. Business that are restricted to collection and delivery services only as a result of the restrictions can also benefit. The scheme will be available for 6 months from 1 November 2020, although the Government will review the scheme in January.
The scheme will provide employers with a grant to enable them to pay eligible employees up to two-thirds of their normal pay, capped at £2,100 per month. To qualify, employees must be instructed to cease work for a minimum of 7 days. The employer will be responsible for paying the associated employer’s National Insurance and any employer pension contributions due under auto-enrolment. The employee will pay tax, National Insurance and employee pension contributions on grant payments, as for normal payments of wages and salary. These must be processed through the payroll and payments and deductions reported to HMRC under RTI.
Employers can claim under the scheme if they have a UK bank account and a UK PAYE scheme that was registered on or before 23 September 2020. The grant will be calculated by reference to the number of eligible employees who have been instructed to cease work at the relevant business premises. Claims can only be made where the employee is unable to work – employees who can work from home are not eligible for a grant under the scheme.
Employers should agree the scheme and any changes to their employment contract with the employee and confirm these in writing.
Once the premises re-open, the employer will no longer be able to claim a grant under the expanded scheme. However, claims can be made under the job support scheme if the employee is working reduced hours.
Making Claims
Eligible employers will be able to make a claim under the scheme monthly in arrears. The claim must be made online via the Gov.uk website. Claims can be made from December 2020 onwards.
As claims are made in arrears, the employer will initially need to meet the cost of the wages paid to their employees while the business is closed. At 66% of the employee’s usual pay to a maximum of £2,100 a month, plus the associated employer’s National Insurance and pension costs, this will place a considerable burden on employers who are unable to open, and many will face cashflow difficulties as a result.
HMRC Checks
Employers should note that HMRC will check claims to ensure that they are valid. Agreements made with employees regarding the use of the scheme must be made available to HMRC at their request.
To counteract fraud, HMRC will operate a hotline for employees to report any fraudulent claims that they are aware of. HMRC also intend to publish details of employers who have claimed under the scheme, and employees will be able to find out whether their employer has made a claim on their behalf.
| HEALTH & SAFETY
Paul Smith, Editor-in-Chief, Health & Safety Adviser |
Manage Your Own Mental Health at this Tipping Point
Even before the Covid-19 pandemic, organisations such as the Chartered Institute of Personnel and Development (CIPD) were warning of the grave threat mental ill-health poses both in the workplace and society at large. Now, as the Government implements its new 3-tier alert system and the prospect of fresh lockdowns looms larger, what can you do to maintain and safeguard your own mental health?
Hang on – isn’t it a bit selfish to think of ourselves when so many have seen such profound disruption to their normal life and liberty? We say no: just as fire-fighters, first aiders and paramedics always think first about their own safety (they can’t help if they themselves get hurt or incapacitated), so we as leaders need to prioritise our own wellbeing ¾ then we can help others from a position of strength.
Follow these Latest Guidelines
The media has touched on mental ill-health during the pandemic, but were you aware the Government has published useful practical guidelines? Summarising their key advice:
- Develop positive new daily routines that involve useful activities such as cleaning, cooking and exercise and be creative about staying in touch with friends and family.
- Talk to a trusted friend about how you feel: it is normal to feel worried, scared or helpless in a crisis.
- Mind and body are powerfully connected so maintain your physical healthg. by eating healthy, well-balanced meals and drinking enough water. Most options for physical exercise are still available. Don’t though turn to drink, drugs or unhealthy food to cheer yourself up: they’re all likely to make things worse in the long run.
- Try to get quality sleep: is it time for that new bed/mattress?
- It’s easy to feel swamped by bad news: perhaps just check in once a day to find out what’s happening? Stick to authoritative information channels to avoid scare stories and fake news. Think twice about what you share with others.
- Boost your mood by doing things you enjoy. If some activities are not now possible, could you adapt them or learn something new? Having a plan with goals can restore our sense of control and purpose. Keep mentally active with puzzles, music-making or painting – whatever works best for you.
- Focus on the moment: we can’t change the past and we can only influence the future by what we do in the present. Consider starting a project such as building a pond or writing your family history.
- Get outdoors as much as you can: green spaces benefit both mental and physical wellbeing.
My 7 Personal Tips
I’d add to the above:
- Volunteer to help: doing things for others helps them and rewards you. Coach a local team, start up a support group or just give a lonely person a call – it all helps.
- Do the hard stuff early in the day – or whenever you feel at your best.
- Reflect on your job: draw strength from what you do and the value it adds. If you hate it, plan your next move. You can now do an enormous amount of research and self-development online.
- Cliché but true: laughter is the best medicine. Spend time with Private Eye, box sets of ‘The Office’ or whatever makes you laugh. Droll or slapstick, there is material to suit everyone!
- Get a pet: they don’t understand Covid-19 but they respond to care and affection by giving it back 10-fold.
- Stay positive: among the doom and gloom, there is still so much for which to be grateful.
- Use your network: many of us have a much better support network than we think – get on the phone and ask for help, or just to vent your feelings. Talking to others almost always helps get things in perspective, making us feel better.