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Businesses face the challenge of persuading staff to return to the office

Businesses face the challenge of persuading staff to return to the office

Employers who would like to get their staff back to the office on a voluntary basis are facing resistance, with travelling costs a major obstacle.

Research from YouGov and management solutions company Emburse found 68 per cent of British workers would return to the office full-time if their commuting costs were paid for in full, but 27 per cent said they wouldn’t return even if costs were covered.

The survey also found that the offer of a four-day week was the most popular incentive at 59 per cent, while 51 per cent could be tempted by more paid holidays.

While employers can insist on workers returning to the office, there is the risk they could lose top quality staff, who would be prepared to move on to other employers who could guarantee home or at least ‘hybrid’ working.

At a time when the cost of living is at the highest level in decades, it follows that few workers will be unhappy with the return of commuting costs.

Different commuting patterns and distances involved would vary dramatically from one worker to another depending on distance and working location, and then there is also the impact of taxation on such payments to consider too.

Employers could offer incentives to attract staff back, which could include:

Making the office a pleasant place to be

Having a pleasantly designed interior and exterior gives staff places to unwind. This could include a brightly decorated interior or even a garden area to relax during breaks. Everything from the choice of colours and furniture plays a role in persuading staff to return.

Subsidised meals

Another benefit that might be offered is covering the costs of lunches. Although again there could be taxation issues involved here.

Keep up with technology
The latest technology attracts the best staff and is more efficient. Faulty equipment can be costly, slows down operations and demotivates staff.

Maintain a clean environment
The coronavirus outbreak has shown the necessity for cleaning. Regular cleaning will lead to a more pleasant environment while cutting the risks of contracting infections. Also, make sure shared areas like toilets and kitchen need to be cleaned regularly.

Emburse’s General Manager and Senior Vice President EMEA Kenny Eon added that businesses should do their best to ease the financial concerns of their employees during the cost-of-living crisis.

He said: “Given the sharp increase in the cost of living, businesses should consider how they can support staff by reducing the financial burden of attending the office in person. Reimbursing travel and lunches can certainly help do this. “

Samantha Randall, an Employment Law expert at Palmers, said: “After the devastating effects that the Covid-19 pandemic has had on many people, employers must remember that returning to the office can be difficult for some. Many will still face anxiety about the virus, and some may find it hard to adjust to the other factors.

“Therefore, it is vital that employers should have in writing a workplace policy. It must be in line with the organisation’s existing policies and follow discrimination law.

“Employers should be sensitive towards personal situations and must keep any concerns confidential. They must be careful to avoid discrimination.”

For help and advice on related employment matters, contact our expert team.

Worker’s finger crushed at sheet metal fabrication company

Worker’s finger crushed at sheet metal fabrication company

In October 2019, an apprentice of R Briggs Sheetmetal Fabrication Ltd, a company specialising in manufacturing canopies and ventilation ducting, had their finger crushed while operating a swaging machine.

This machine consists of two rotating wheels controlled by a foot pedal. The apprentice was instructed by another apprentice and a trainee on how to use the machine. After carrying this process out on approximately four pieces of tubing, the apprentice was left to proceed on their own, unsupervised. Whilst continuing the task, the fabric safety glove worn by the apprentice caught in the rotating wheels of the machine. On releasing the foot pedal, the wheels took a few seconds to stop, drawing the apprentice’s hand between them and causing a crushed fingertip and a fracture. As a result of the incident, the worker was unable to work for two months.

R Briggs Sheetmetal Fabrication Ltd had not performed an appropriate risk assessment or provided staff with adequate training or assessed the additional hazards presented by a young, inexperienced person working with machinery and being unaware of existing or potential risks.

The company pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974, were fined £13,000 and ordered to pay costs of £2,682.

Jeremy Sirrell, a Director at Palmers and a Health and Safety expert, said: “The failure to ensure that the equipment was suitable for use has led to this avoidable incident.

“If you are concerned about your businesses’ safety obligations, then it is important that you seek specialist advice at the earliest convenience.”

For help and guidance on all aspects of Health and Safety Law, including putting in place strategies to protect your workforce, please contact our expert team today.

Government unveils new approach to flexible working

Government unveils new approach to flexible working

New Government plans to allow workers the right to request flexible working from day one, have moved a step closer.

As the country gets back into full swing with the end of furlough arrangements, flexible working has become increasingly popular.

Now the Department for Business, Energy & Industrial Strategy (BEIS), has unveiled plans which it says will strengthen employment rights and increase the productivity of businesses.

It covers many areas including job share, flexible working and phased retirement.

Business Secretary Kwasi Kwarteng has previously said he believed flexible working is something that is here to stay.

BEIS has said the proposals would mean:

  • More choice over when and where they work and the right to request flexible working a day one entitlement.
  • A right to one week’s unpaid leave for carers balancing a job with caring responsibilities.
  • Making business more productive, whilst accommodating both staff and employer needs.

The proposals cover such areas as:

  • Job-sharing, flexitime, compressed, annualised and staggered hours, as well as phased retirement.
  • Allowing employees to balance their work and home life, including helping people who are managing childcare commitments or other caring responsibilities.
  • Ensuring that people who are under-represented in Britain’s workforce, such as new parents or disabled people, have access to more opportunities.

Mr Kwarteng said: “Empowering workers to have more say over where and when they work makes for more productive businesses and happier employees.

“It was once considered a ‘nice to have’, but by making requests a day one right, we’re making flexible working part of the DNA of businesses across the country.

“A more engaged and productive workforce, a higher calibre of applicants and better retention rates – the business case for flexible working is compelling.”

Samantha Randall, an Associate Solicitor and employment law expert with Palmers, said: “Currently the right to request flexible working, for example having flexible start and finish times, or working from home, requires an employee to have worked for the same employer for a minimum of 26 weeks.

“The new day-one plans would mean that all employees would be able to make a request for flexible working, known as a ‘statutory declaration’ immediately.

“It is important to be aware that employers will still have the right to reject a request if they have sound business reasons, but they will be encouraged to offer other flexible working methods to meet an employee’s desire to work flexibly wherever possible.”

For help and advice on all aspects of employment law, please get in touch with us.

Advice to help first-time employers avoid common pitfalls

Advice to help first-time employers avoid common pitfalls

Taking on your first employee is a significant milestone in the development of any business. It can also be a significant risk.

Employing even a single member of staff costs tens of thousands of pounds a year in wages and National Insurance contributions and comes with a complicated set of employment law obligations.

If things go wrong, it could threaten the very survival of your fledgling business. So, how can you mitigate these risks? Here, Ola McGhee, a Solicitor with Palmers Solicitors, who specialises in employment law, explains what first-time employers need to know to ensure they are legally compliant:

A written contract of employment

Perhaps surprisingly, a contract of employment does not have to be made in writing. Verbal acceptance of an offer of employment is sufficient.

However, foregoing a written contract makes for circumstances that are ripe for employment disputes to arise because there is no objective record of what the contract says.

A written contract can be vital evidence when conflicts arise, but it can also help prevent disputes arising in the first place because each party’s obligations are there in black and white.

Written contracts also make it easier to include clauses that protect you, such as including probation periods for the first few months when either party can end the agreement at little to no notice.

Written policies and procedures

Employment law places significant responsibilities on the shoulders of employers, ranging from health and safety to equality and anti-discrimination legislation.

Depending on the nature of the work, health and safety obligations can be very involved and include very specific technical requirements. Having written policies and procedures in place can help you ensure that these obligations are met consistently over time. They can also be vital evidence in a dispute.

Written policies and procedures are also important for preventing any inadvertent discriminatory behaviour in the workplace, setting out the behaviours expected in different circumstances, including during the recruitment process.

Payroll support

Even with only a handful of employees, payroll quickly becomes complicated, with various rates of the National Minimum Wage (NMW) and National Living Wage (NLW), taxes and other deductions and automatic enrolment pensions to deal with.

Paying the right amount every time and on time is challenging and can easily go wrong. Even in the best-case scenario, it can be a huge drain on your time.

If things do go wrong, you can lose good employees, incur significant regulatory penalties and even see your reputation damaged by HM Revenue & Customs’ ‘name and shame policy for employers that fail to pay the correct rates of NMW and NLW.

Employment law advice

While the measures set out above can mitigate a significant element of the risk that comes with employing staff, there will always be unusual situations or circumstances that are ambiguous and demand fine judgment and detailed knowledge of the legislation and case law.

Seeking employment law advice on a retained basis or as and when required can help you head off problems before they arise and put you in a much stronger position if an employment dispute does come about.

Careful and nuanced approaches can often mitigate the risk of a dispute.

For help and advice on all aspects of employment law or to find out more about our fixed-price options for some of our most popular legal services, please get in touch with us.

Estate regeneration could deliver a 151 per cent increase in new builds

Estate regeneration could deliver a 151 per cent increase in new builds

A new report has found that the approved estate regeneration projects proposed for London could boost the number of new homes built by 151 per cent.

The report by planning consultancy Lichfields shows that the regeneration work planned at 200 estates across London would lead to greater housing density in the capital – particularly in inner London.

Only 48 per cent of the new homes would be deemed affordable. However, the study doesn’t specify the tenure of these homes. Instead, it only indicates that it includes homes built to replace existing affordable homes demolished under the regeneration plans.

Under the rules set by the Greater London Authority (GLA), developments on these estates must, as a minimum, deliver the same level of existing affordable housing at the same tenure.

The report states: “Many of London’s estates are low rise, poorly laid out and represent an inefficient use of accessible urban land.

“As a general rule, a two to three-fold increase in homes is required for a project to be viable and deliverable, while yielding sufficient new affordable homes.”

Many regeneration projects are planned for the following areas in London:

  • Tower Hamlets (23 projects)
  • Islington (17 projects)
  • Lambeth (16 projects)
  • Hackney (15 projects)
  • Southwark (13 projects)

Outer London boroughs, such as Barnet, Brent and Ealing, also have some estate regeneration programmes but many other boroughs have little or no plans at all.

The rules around affordability and the demolition of existing social housing stock have led to controversy in the capital, with a growing fear that new developments force out working-class communities.

Despite this, many experts claim that regeneration and higher housing density is the only means to free up land for the building of additional homes in London.

To give communities a greater say, it is a requirement that regeneration schemes with more than 150 homes funded by the GLA are subject to a ballot of residents before proceeding. The report found that opinions of regeneration in most communities were largely positive.

Adam Davis, a Director with Palmers Solicitors, who specialises in construction law, said: “This report is welcome news for the construction industry and will hopefully lead to continued growth and opportunities for local construction and engineering sub-contractors in our region.

“Our experience in working with the construction and engineering sector means we are ideally placed to provide independent, practical advice to help firms with their contracts, as well as tender submissions.”

For help and support on contract submissions and project delivery compliance, please contact Palmers specialist construction team.

Government unveils new approach to flexible working

Government unveils new approach to flexible working

New Government plans to allow workers the right to request flexible working from day one, have moved a step closer.

As the country gets back into full swing with the end of furlough arrangements, flexible working has become increasingly popular.

Now the Department for Business, Energy & Industrial Strategy (BEIS), has unveiled plans which it says will strengthen employment rights and increase the productivity of businesses.

It covers many areas including job share, flexible working and phased retirement.

Business Secretary Kwasi Kwarteng has previously said he believed flexible working is something that is here to stay.

BEIS has said the proposals would mean:

  • More choice over when and where they work and the right to request flexible working a day one entitlement.
  • A right to one week’s unpaid leave for carers balancing a job with caring responsibilities.
  • Making business more productive, whilst accommodating both staff and employer needs.

The proposals cover such areas as:

  • Job-sharing, flexitime, compressed, annualised and staggered hours, as well as phased retirement.
  • Allowing employees to balance their work and home life, including helping people who are managing childcare commitments or other caring responsibilities.
  • Ensuring that people who are under-represented in Britain’s workforce, such as new parents or disabled people, have access to more opportunities.

Mr Kwarteng said: “Empowering workers to have more say over where and when they work makes for more productive businesses and happier employees.

“It was once considered a ‘nice to have’, but by making requests a day one right, we’re making flexible working part of the DNA of businesses across the country.

“A more engaged and productive workforce, a higher calibre of applicants and better retention rates – the business case for flexible working is compelling.”

Samantha Randall, an Associate Solicitor and employment law expert with Palmers, said: “Currently the right to request flexible working, for example having flexible start and finish times, or working from home, requires an employee to have worked for the same employer for a minimum of 26 weeks.

“The new day-one plans would mean that all employees would be able to make a request for flexible working, known as a ‘statutory declaration’ immediately.

“It is important to be aware that employers will still have the right to reject a request if they have sound business reasons, but they will be encouraged to offer other flexible working methods to meet an employee’s desire to work flexibly wherever possible.”

For help and advice on all aspects of employment law, please get in touch with us.