Technology…the biggest distraction in the workplace?

Businesses are being warned to ensure they have guidelines in place for misuse of technology in the workplace after reports that people are spending more than half the day using technology.

Scotland’s leading HR and employment law firm, Empire HR, say although computer technology has transformed today’s workplace it’s vital that a business is geared up for managing the impact upon staff.

The increase in technology usage has been blamed on the popularity of smart phones, the report claims there has been an 81% increase in the number of people owning a smart phone in the last year. These phones make it easier to surf the net which is fast becoming the most popular form of mobile media activity.

Although businesses are often quick to embrace the benefits of new technology, software and telecoms, Empire HR say many are failing to get to grips with the impact on their business and how much it distracts staff in the workplace.

Aberdeen based Empire HR, which provides advice to over 500 businesses throughout the UK, advises businesses to consider adopting a detailed change management plan prior to the implementation of new technology.

Businesses should provide clear guidance to staff on what is, and what isn’t acceptable use of technology at work. For example, are they allowed to use the internet during working hours? Can they update their Facebook page whilst at work? Should they take laptops home? What about pen drives, disks, Company mobile phones? A business should consider all these issues.

Of course, it isn’t just the technology at work that can lead to problems. External influences can also be a big headache. Social networking is a major issue, with many employees failing to realise that their social networking pages effectively link the personal and professional lives.

This has led to some employees being dismissed for posting something on a personal blog page, a practice now being referred to as ‘Facebook Fired’ or ‘Twerminated’. With new technology and social networking very much a way of modern life, businesses clearly need to adapt to up-to-date workplace issues.

Steve Cook, CEO of Empire HR advises the following:

Have a clear, detailed Information Computer Technology (ICT) Policy

This should include details of what the rules relating to Company technology are. It should also outline the consequences of failing to adhere to the policy. Employees should be advised that an email is the same as a letter in terms of representing the Company, and presenting an image.

Therefore, spend as much time and attention on an email as you would with a letter. Most importantly, circulate the policy! You would be surprised at how many businesses take the time to draft a good policy, and then forget to circulate it!

Make sure staff know what is, and is not appropriate.

The increasing use of technology, and in particular emails, has led to a blur in the distinction between what is and is not appropriate in the workplace. It’s all too easy for staff to circulate material that would not have previously been available at work such as pornography and insulting jokes.

Although light hearted, these emails can lead to costly discrimination claims and bring a Company into disrepute. For example, the Empire HR bulletin recently highlighted a case where a Deliotte trainee had to resign after circulating a ‘fittest man’ email.

Include Social Networking

We come across a lot of ICT Policies that fail to refer to social networking. This should always be included because it’s very difficult to take disciplinary action where there is no clear Company policy on the issue.

It doesn’t have to be long, but it should stipulate that social networking sites should not be accessed during working hours, and that negative references to colleagues, the Company or clients will result in disciplinary action.

Monitor IT usage

Put systems in place to monitor all usage. Some employers hesitate to do this because they are worried about privacy and data protection issues. However, it is perfectly acceptable to monitor all usage during Company time. It might be worth carrying out spot checks or instructing your IT provider to let you know when an employee spends an excessive amount of time on the internet. In my experience, this is very valuable.

For example, an Empire HR client recently identified an employee who was setting up their own business during Company time by carrying out a spot check on his emails. Of course, a policy should stipulate that emails, internet usage etc are not private and will be subject to monitoring.

Include it in the Contract

If you are going to issue staff with mobile phones, laptops, pen drives or any other IT equipment, make sure refer to these in their contract of employment. If you don’t, you might unexpectedly find your staff are entitled to keep this equipment during maternity leave, sick leave etc.

You should also include a clause allowing the Company to recoup any losses resulting from damage caused to equipment, or a failure to return it once employment is terminated.

Seek specialist advice

ICT is a massive industry, and its impact upon the workplace cannot be underestimated. It’s likely that ICT is your businesses biggest asset, so make sure you protect it. Empire HR can advise and guide you on all aspects of ICT and people management. Call 01224 701 383 for further information.

Changes to Paternity Leave Legislation - Q&A

Legislation due to come into effect next year will substantially change the exist- ing paternity leave rules. Introducing Additional Paternity Leave (APL) the new rules will require employers to con- sider requests for up to 26 weeks’ paid leave. Although not due to come into effect until April 2011, Empire HR is advising clients to begin preparing for the change now.

What is the current entitlement to pater- nity leave?

Since 2003 employees have been enti- tled to either one week or two consecu- tive weeks’ paternity leave, and up to two weeks’ Statutory Paternity Pay. This entitlement is subject to several qualifying conditions including being continuously employed for at least 26 weeks ending with the 15th week before the estimated week of childbirth, and
being the father or married to, or the civil partner or partner of the child’s mother. Employers may also offer en- hanced paternity leave schemes.

What will the main changes be?

Paternity leave will comprise of Ordi- nary Paternity Leave (OPL) and Addi- tional Paternity leave (APL). OPL will essentially be the same as the existing scheme. There will, however, also be the option to take APL. Where the mother of the child has returned to work without taking her full entitlement of 52 weeks Maternity Leave. APL must last a minimum of 2 weeks, up to a maximum of 26 weeks. The earliest that APL can be taken is 20 weeks af- ter the birth of the child. There can be a gap between the mother returning to work and APL starting, but the APL must be taken within 1 year of the child’s birth.

How much notice must be given of in- tent to take Additional Paternity Leave?

An eligible employee must give 8 weeks’ written notice. This is the mini- mum amount of notice that a mother must give to an employer of her intent to return to work. An employee must then confirm entitlement within 28 days of the application. Note that this is dif- ferent from the requirement to give no- tice of intent to take OPL (notice must be given by the 15th week before the estimated week of childbirth). This means that an employee can take up to 2 weeks OPL, return to work, and then give notice of intent to take APL.

Will Additional Paternity Leave be paid?

Yes. APL will be paid at the prescribed statutory rate provided that the mother had some entitlement to Maternity Pay, Maternity Allowance or Statutory Adop- tion Pay remaining, and the eligibility criteria are met. This rate is expected to be the same as the standard Statu- tory Maternity Pay rate (currently £124.88 per week).

When will these changes come into effect?

Eligible employees will be entitled to APL where a child is born or placed for adoption after 3rd April 2011. Will those on APL be entitled to KIT days?

Yes. Eligible employees may work for up to 10 days during APL. The rules relating to KIT days will be the same as those currently in place for mothers on Maternity Leave.

What about Parental Leave? Will APL be in addition to this?

Yes. Those wishing to postpone their return to work may decide to apply for
unpaid parental leave. The rules relat- ing to parental leave have not been changed.

Do I have to give those who take APL the same job and pay when they return to work?

In most circumstances, yes. Those who take OML and/or AML are entitled to return to the same job, under the same conditions as if they had not been absent. However, those who combine APL with a period of more than 4 weeks parental leave can be offered a suitable alternative position if it is not reasonably practicable for the employee to return to their previous job.

How can I prepare for these changes?

Having an updated Paternity Policy ready for April 2011 will allow you to be prepared for the changes. Although the changes only apply to those ex- pecting a child after April 2011, employ- ees will be required to give notice of intent to take OPL and potentially APL before then. The policy should include details of entitlement, notice require- ments, and rights upon return to work. You may also like to circulate details of the upcoming changes to employees. It would also be prudent to ensure that those responsible for administration of paternity leave are fully trained and aware of the changes.

Retirement Age Outrage for Businesses

The retirement age will be abolished next year, forcing businesses to keep ageing employees indefinitely.  Although a review of the retirement age was expected, the sudden announcement has shocked the business community.

Employment law firm Empire HR has been preparing more than 500 businesses throughout Scotland for the change, expected to come into effect in October 2011.

The current rules were generally viewed as a good balance between the wishes of an employee, and the needs of a business.  The abolition of the retirement age will effectively swing the balance in favour of the employee.

Although the motives behind the change are perhaps admirable, it’s inevitable that business owners will be left wondering how much more red tape the Government will pile upon them.

The changes mean businesses will bear the cost of keeping ageing employees, and all the associated risks.  Age and disability discrimination legislation mean it’s almost impossible to dismiss an ageing employee without risking a costly tribunal claim. Retirement was one of few certainties a business could rely on.

Designed to ease the burden on the state, the plans give employees longer to pay into their private pension, and the option to defer the age at which they may require financial support from the Government.

The business community has been quick to condemn the announcement.  Steve Cook, CEO of Empire HR said: “Businesses are already struggling with the red tape introduced by the previous Government.  It’s shocking that businesses are now expected to deal with yet more rules and regulations on the back of the current Government’s recent manifesto pledge to cut red tape.”

So what will this mean for businesses?  What will happen once an employee is no longer capable of doing their job due to age related health problems?  Empire HR has been providing specialist advice to clients throughout Scotland. Steve Cook explains: “In many cases the only option will be for a business to dismiss on the grounds of capability. These dismissals can be time consuming and lengthy due to discrimination legislation.  However, a tribunal claim can be financially devastating for a business.  It’s worth taking steps to avoid a claim if at all possible.”

Discrimination laws mean businesses need to make reasonable adjustments when an employee has health problems.  Therefore, a business may need to make an adjustment for an ageing employee before contemplating a dismissal.  For example, an employee who struggles to get up stairs may require a lift to be installed, or for their desk to be moved downstairs.

Empire HR is also advising business to consider the wider implications of the change. Mr Cook continued: “Businesses will also need to look at the long term picture.  They will inevitably be faced with an older workforce in the future, and will not be able to replace ageing employees with fresh talent so swiftly.”

“It is also questionable as to whether this will be a good thing for the workforce as a whole. There will be more people of working age, so where are all the extra jobs going to come from?  It would appear that older employees will be keeping their jobs at the expense of younger applicants.”

“It’s likely that the Government changes will actually backfire in the short term. Businesses can still retire those coming up to their 65th birthday this year.  Whereas they may previously have been open minded about permitting employees to continue working for a year or two, they will now be more likely to force retirement at 65 years due to concerns that if they don’t do it before October 2011, they never will.”

For advice and guidance on how the scrapping of the retirement age may affect your business, please call Empire HR on 01224 701383.

Keep In Touch! - A Personal Experience of Maternity Leave

Did you know that employees on maternity leave can “Keep In Touch” with their employers by working up to 10 days during their leave period?

As some clients may know, Empire HR have had a baby boom this year, with, at the time of writing, three babies born and another one on the way! As one of this year’s new Empire mums I can now write with confidence on the experiences of family friendly policies not just in theory but also in practice.

Having worked comfortably at Empire HR throughout my pregnancy, right up to two weeks before baby was due, going on maternity leave was a bit of a shock to the system. No more so than when, after a difficult time of my newborn girl being in the Special Care Unit until she was 10 days old, we got her home...and I had to take my “Employment Law Advisor” hat off and put on my brand new “mummy” hat!

In my experience of the first few months, time just flies by and new parents have no time to think of anything else but looking after baby. But, as time goes on, I found that when I popped in to say hello to my colleagues, baby in tow, I felt a bit of regret. I missed my colleagues and missed using my brain productively. More and more I started to feel worried about what I was missing at work, that I was going to forget everything I knew, and that when I went back everything would be different. Additionally, with so many of us going on maternity leave and the company doing so well, there were a number of new people and changes in the office and I worried that I wouldn’t know anyone or fit in when I did come back.

In our line of work, I’m lucky that I know my entitlements and I work for a company who obviously know them too! So with that I mind I started to consider whether it was time to go back to work. In the end I decided to bite the bullet and ask if I could use my “Keeping In Touch” Days. We discussed how many days I would like to do and when, and what the company thought I could do to help when I was in.

And here I am...KIT Day number 3, with another 3 booked in next week. The days so far have allowed me to get to know the new members of the team, realise that I remember much more than I thought I did, get back into the swing of things in terms of advising clients, and getting up to date with recent employment legislation changes. But, more than that, it has made me realise that while I want to make the most of the “longest holiday from work” I’m ever going to get (!), I love my job, its part of who I am, and I can’t wait to come back when the time is right for me and my family. I’m not daunted anymore about the prospect of coming back to work.

So what does this mean for employers ? Well, of course everyone is different and while one employee may well welcome the chance to come in for a KIT Day, the next employee may not be interested – and you can’t force an employee to take KIT Days. However, if your employee is interested in using them, make the most of it! You will potentially have an extra pair of hands at a busy time, or to undertake a specific piece of work for you. Additionally, you will have the opportunity to engage with your employee on maternity leave and make sure they don’t feel isolated or far too removed from their workplace. This in itself may help you to ensure you continue to have an open and communicative relationship, helping to discuss the employee’s plans for eventually returning to work.

For more information on Keeping In Touch Days and other entitlements during pregnancy and maternity leave, please contact The Advice Line (and I look forward to speaking to some of you!).