People Matter December 2018
Ok, so you’re navigating the seasonal rush (or lull!), you’ve survived the Christmas party, and then Tom asks if he can carry over two weeks of holiday. You’ve got big plans for 2019 – do you really want to be losing a team-member for that extra time if you can help it?
First, if your holiday year ends in December, why has no one made sure Tom and the others have taken their holiday entitlement?
Managing holiday requests so that the business runs smoothly is important, and you might want to look at HR Dept Toolkit for next year. HR Dept Toolkit is software for managing holiday requests and other HR admin simply and effectively.
By law, full-time employees are entitled to a minimum of 20 days of holiday annually. On top of this, there are nine public holidays. And then you as an employer may choose to offer a more generous holiday allowance.
Dealing with the statutory 20 days first, the intention behind these is that everyone requires this for their health and well-being – so it would be sensible for them to be used within the holiday year. However, with an employee’s consent they can be carried over to be used within six months of the end of the leave year.
Sickness absence could affect holiday rights. Entitlement still accrues when people are off on sick leave – apparently they need more time away from work! If sickness absence prevents them from taking holiday during the leave year or the six-month extension, employees are entitled to an extended carry-over period of 15 months beyond the leave year. We know what you are thinking!
Thankfully, after that, holiday entitlement rules above the 20 days get simpler, and you make them. So you’re in control. Public holidays are on prescribed dates within the year so are what they are. And if you offer more generous holiday allowance, the rules should be detailed in your employment contracts.
With holiday bookings at their peak in January, contact us for a demo of HR Dept Toolkit to make managing next year’s requests simple.
The benefits of embracing flexible working
A survey by an Irish recruitment firm throws light on the hidden costs of staff lateness. Beyond the lost time and potential customer service gaps, it often damages team morale. Nearly half of workers (46%) said they felt resentful towards a colleague who is consistently late for work.
Interestingly, though perhaps unsurprisingly, the survey also found that those who work a standard nine to five were the least punctual. About half (47%) said they had been late in the previous year.
With 59% of tardiness attributed to bad traffic, could this be another reason to adopt flexible working, if it fits with your business? Non-standard hours or home working could eliminate the stress of rush hour traffic and therefore help to harmonise a divided workforce.
Despite it being a desirable perk to many workers, only 10% of Irish SMEs currently offer flexible working (according to a survey by Vodaphone). So it’s an interesting way to differentiate your business – and attract and retain top talent.
A modest seasonal bonus could be worth its weight in gold to your employees as they look to have a merry Christmas. But it could be worth many more times its weight in gold to you as the employer.
January is a prime time when people look for new job opportunities. But, in the UK, a survey from an employee benefits company found that nearly half of employees who received a Christmas bonus or gift recently would not look for a new job. And about the same amount would not accept a job offer if they received one.
With the cost of recruitment stretching to as much as a year’s salary for some roles, and a third of Irish businesses reporting that staff turnover increased in 2018, it’s clear that a little Christmas bonus really could go a long way.
The gig’s up
Another month, another court case about worker status. This one was in the UK but the underlying issues of the gig economy are the same across borders.
The case concerns transport services firm Addison Lee. They have lost an employment appeal tribunal (EAT) initiated by three of their 4,000 private hire drivers. The drivers wished to be classified as workers rather than independent contractors. This would grant them rights such as National Minimum Wage and holiday pay.
The contracts between the firm and the drivers described them as independent contractors with no obligation to offer or accept work. However, taking a strong steer from a Supreme Court case, the EAT said it was right to look beyond the contract and consider actual working practices with a “realistic and worldly-wise” view.
They found that drivers typically worked up to 60-hour weeks and had to work at least 25-30 hours just to cover their fixed costs. They drove vehicles with Addison Lee livery and were told that they were representing the company at all times when in the vehicles. And that they might face sanctions if, without good reason, they turned down work offered to them.
The EAT concluded that it did all add up to worker status, rather than that of independent contractor as stated in the contracts.
There is a place for all types of contract and some individuals will seek flexibility just as much as companies. However, what’s not right is for companies to impose false self-employment as a device to cut costs. This erodes workers’ rights, undercuts competitors who behave properly and short-changes the Revenue, which, of course, ultimately costs everyone.
If you would like your contracts and working relationships reviewed, contact us.
Employment Bill progresses
It’s not just the courts that are cracking down on the gig economy (see The gig’s up). Here in Ireland, The Employment (Miscellaneous Provisions) Bill 2017 has completed the Seanad Éireann fifth Stage and will come into law the first week of March 2019.
This is the government’s legislative attempt at reining in the excesses of the gig economy. Regarded as a landmark piece of legislation by ministers, some industry bodies think it will damage business.
The Bill does a few things including the following. It virtually bans zero-hour contracts. It forces minimum payments to be paid to staff who are called into work and then sent home. And it creates banded-hour provisions. These entitle employees whose contracts do not match the time they work to be put in a band of hours which better reflects their working time over the previous 12 months.
It comes with harsh enforcement measures, so if you’ll be affected start planning now.
Deck the halls
Many organisations like to get into the Christmas groove and spruce up the workplace with tinsel and a tree in December. But spare a thought for a Texan lady who, having vehemently declared she didn’t want to see any Christmas decorations until after Thanksgiving, was pranked by her sister with a barrage of decorations worthy of Lapland itself. It was so over-the-top that she could do nothing but surrender to it. That aside, don’t let decorations get in the way of people doing their jobs. And remember that some items could pose a health and safety trip or fire risk.