Month: March 2016

Are You Ready For The National Living Wage?

a town square filled with people shot from a birds eye view

National Living Wage and National Minimum Wage.

It’s not long until the 1st of April 2016, when the government will introduce the new mandatory National Living Wage for workers aged 25 and above – an increase of 50p per hour on the current Minimum Wage (£6.70 per hour) for this age group to £7.20 per hour.

The National Minimum Wage of £6.70 will continue to apply for those aged 21 to 24, with the premium added only for those aged 25 and over.

It is vitally important that you audit and review any employee salaries that may fall into this new bracket to ensure compliance before the implementation date.

The government will impose fines and criminal prosecutions against any employers found not to be paying legal minimum wages.

The government has announced a package of measures to enforce the National Minimum Wage and National Living Wage from its introduction in April. While the overall maximum penalty for underpayment of the wage will stay the same at £20,000 per worker, new measures include doubling the penalties for non-payment of the statutory rates from 100% to 200% of the arrears (halved if employers pay within 14 days), and introducing a new team of HMRC Compliance Officers to investigate the most serious cases and bring criminal prosecutions against employers for deliberate non-compliance.

Business Secretary Sajid Javid said there is “no excuse for employers flouting minimum wage rules” and the new measures “will ensure those who do try and cheat staff out of pay will feel the full force of the law”.

The government has said it will improve the compliance guidance available to employers. In the meantime, if you have any questions or would like any support or advice we’re here to help: makeithappen@mbsmih.com  01903 688789

Choosing Your Name And Setting Up Your Profile – Twitter For Beginners Part 1

A group of people gathered at the end of a boardwalk on the coast

The first thing to tackle when coming into the world of Twitter is choosing your username (twitter handle @xxxxxx) and setting up your profile.

Ideally your username will be the same as your business name. If the name you want has already been taken, consider a relevant variation. For example, if @janessalon is unavailable you could try @janesbeauty or @janeshair. Other examples to consider are any recognized ‘handles’ or straplines you have on your email or website; if your email is styleme@example.com, you could use @styleme as your Twitter username. Be careful though, don’t get too creative as your Twitter presence can influence your Search Engine Optimisation (SEO). A relevant keyword or your business name will have a positive impact, something completely random such as @jshab (Janes Salon Hair and Beauty) will only hinder!

A couple of other things to consider when choosing your Twitter name: Be sure to make it as short as possible. Twitter currently only uses 140 characters, so if you want others to respond and network with you, don’t take up half of their content space with your name; Be professional. Don’t choose rude, offensive or questionable names. They might seem clever at the time, but if you want others to interact with you, keep it clean!

Once you’ve got your name, you need to get the rest of your profile set up. Select the ‘Edit profile’ button on the right hand side – just below your header photo.

You’ll need to choose a profile picture and a header photo. Obviously, one is much smaller than the other, so we recommend using the profile photo space for your logo or other distinguishable brand image, and the header photo (much larger) to visually convey what your business does. For example, if you’re a restaurant you might consider using a good quality (visually appealing) image of your kitchen / counter / tables / patrons.

Next, on the left hand side, you will need to choose your name. You have 20 characters, so if your business name is less than this, great. If not, it’s time to get creative again. But remember, don’t make it too ‘clever’, otherwise you run the risk of not being found when others search for you.

Then, complete your bio – this is really important. You need to concisely show what your business does in 160 characters or less. Keep it simple, look at similar companies for inspiration and use hashtags (we’ll talk about these in a bit more detail in the next blog) for any key service or product offerings. Just below, you can also populate your location and your website address. Finally, don’t forget to choose a theme colour that links to your brand and business colours.

Now you’re ready to go! If you’d like any help, support or advice with getting started on Twitter, we’d love to hear from you. Email makeithappen@mbsmih.com or call us 01903 688789.

How To Use Employee Handbooks To Minimise Workplace Risk

A row of people sat at different cafe tables shot from a bird's eye view

 – And why failing to keep them updated could become a liability rather than an asset

 

Running a modern people-led business requires the management of risks arising from employees. Having a handbook in place, which is tailored and up-to-date, is one way of helping to manage those risks.

An organisation’s people are its biggest risk and its greatest asset. The banking crisis, for example, is widely accepted to have come about as the result of bad behaviour on the part of City workers. The legal framework for the financial markets has become increasingly onerous as a result, as regulators have tried to put in place a structure to reduce human risk and prevent another financial catastrophe.

It is just as vital in other sectors that employers make clear the parameters within which employees should work, and one important part of this involves putting down in writing what behaviour is and is not acceptable.

Such guidelines are not usually included in employment contracts. This is because it is generally difficult to change and update the terms of a contract, and an employer would not generally want to leave itself open to contractual claims on the basis of detailed guidelines. A staff handbook can play an important role here, as one of its main functions is to set down rules within which staff should operate. Handbooks are intended to shape employees’ behaviour to help improve conduct in the workplace.

A handbook can also help show an employer’s practices are consistent with employment legislation and can be used to help justify disciplinary decisions. They can also be important for backing up employers wishing to take action against recalcitrant employees.

Employers may find it difficult to deal effectively with misconduct where there is no handbook in place. For instance, there have been examples of employers having to make large cash settlements to get rid of employees who have clearly acted inappropriately at work (e.g. by taking unauthorised absences, or by drinking or taking drugs) because the organisation was not able to demonstrate it had appropriate policies in place to stop such behaviour.

So, what should a basic staff handbook contain? It needs to cover a number of standard topics including grievance and disciplinary procedures and, for example, contain an anti-harassment and bullying policy. Depending on the sector, an employer may wish to include other policies. Some organisations, may choose to have a ‘relationship policy’ requiring employees who become romantically involved to disclose this to an HR manager or superior. This can be particularly important in financial institutions where the unchecked flow of information between staff could lead to conflicts of interest.

Handbooks must be kept up-to-date both to remain practically useful and to avoid becoming inconsistent with official guidance, legislation and case law. The Acas code of practice on discipline and grievance, for example, was updated early last year and in January it published a new guide, Disability discrimination: key points for the workplace

In a recent European Court of Human Rights case, Barbulescu v Romania, a company was found not to have breached the privacy rights of an employee by monitoring his Yahoo Messenger account when it suspected him of using the account for private purposes. It appears to have been significant that the employer had a clear policy against private use of the company’s resources. The decision may well lead to other organisations updating their policies and handbooks.

An out-of-date handbook is a liability rather than an asset, not least because it may be used in legal proceedings as evidence that the employer’s practices are outmoded or unlawful. In a recent employment tribunal case, Stimpson v Citigroup, a City trader was sacked after having been accused of sharing confidential client information. The employment tribunal accepted his dismissal was unfair, even though the bank had policies which appeared to outlaw what he had done.

The case demonstrates that handbooks and policies are not the end of the story. Employment tribunals have been reluctant to accept, on face value, that breaches of written policies automatically provide sufficient justification for disciplinary action or dismissal. Employers need to ensure their contents are communicated to employees effectively.

For more information and guidance on how to create a handbook, please contact us on 01903 688789 or email us via makeithappen@mbsmih.com.