News

25 June 2010

RECENT EMPLOYMENT NEWS

FAKING A FIT NOTE
It seems that you can buy anything on the internet, including fake fit notes, which have been circulating on the internet for only £1. Employers are being warned that some employees may try to use them to claim contractual or statutory sick pay.

If you are concerned that an employee has provided a fake sick note then, depending on the circumstances, it may be wise to refer the individual to an independent Occupational Health Advisor or Doctor. Alternatively, employers could check with the issuing GP in order to verify its legitimacy. Further, it would be prudent to warn all employees now that if anyone is found using a fraudulent fit note, this may result in disciplinary action.

REVIEW OF THE VETTING AND BARRING SCHEME
Changes could be afoot for the new Vetting and Baring Scheme after the Coalition Government ordered a review. From July 2010 all new employees and volunteers will be able to start registering under the Scheme. From November 2010, it will be illegal for peopled to begin work with children or vulnerable adults if they have not been registered. The Coalition Government is concerned that the CRB Check and Vetting and Barring Schemes are beyond the level of common sense and have therefore pledged to redress this balance.

THE PROBLEM WITH BAD WORKING HABITS
The Chartered Society of Physiotherapy recently polled 2,600 employees. It found that one in four works all day without taking breaks. More than a third will often work through lunch, this being blamed on either there being too much work or there not being enough staff to cover the workload. The Society has warned that it is likely that there will be an increase in the number of cases of chronic musculoskeletal disorders which could give rise to claims for personal injury.

Employers are being warned to make sure that they manage their employees well, and that managers are trained in order to notice the early warning signs of those who are struggling to cope, so that steps can be taken early.

ONE IN TWENTY DO NOT READ THEIR EMPLOYMENT CONTRACTS
Which? Legal Services recently undertook a survey of 4,000 people. It found that 26% of workers did not read their employment contract properly and 7% admit that they have not read the contract at all. Despite it being a legal requirement to provide an employee with a written statement of particulars of employment within two months of starting work, the survey found that around 12% of workers do not have a written contract at all and 9% of those polled did not get their contract until they had been working at the company for six months or more.

A wise employer will make sure that the employee reads and signs their contract and that this is issued prior to the start of employment, to limit any arguments later on.

WHAT THE COALITION GOVERNMENT HAS IN STORE
The new Coalition Govt has announced its intention to review employment laws. This is to ensure that workers and employers are given flexibility, while “protecting fairness and providing the competitive environment require for enterprise to thrive”.

Family friendly policies: In the Coalition Agreement the Government has stated that they want to consult with both business and families in order to identify the best way to extend family friendly practise. It is unlikely that there will be any new legislation in the foreseeable future as the Government does not want to rush into anything. However, both parties are committed to introducing flexible parental leave and it is likely that the concept of shared parental leave will be introduced in the future. There is also a possibility that maternity leave will be extend to 18 months. However, this will only be implemented if there are sufficient resources which seems unlikely in the current market. In the recent emergency Budget, the Government announced that benefits such as maternity pay and sick pay will be up-rated in line with the Consumer Price Index, rather than the Retail Price Index. This will save around £6 billion per year.

Retirement: Currently the State pension age is due to rise to 66 between 2024 and 2026. However, it is likely that this will be reviewed and brought forward; while the default retirement age, currently 65, will be phased out altogether by April 2011.

Taken from “Monthly Employment Update” June 2010
Doyle Clayton Employment Law Solicitors, Reading

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