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HR Roundup: Are Your Early Years Staff Due a Break?

Vicky Stanton celebrates the best practice from last year as well as everything that can help take you forward into 2018

Vicky Stanton
by Vicky Stanton
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As it’s the end of the year, I thought it would be useful to share a round-up of things to think about, as well as some good practice notes to keep you heading into 2018 feeling positive, rather than dealing with problems.

Tribunal fees

I’m sure you will have heard that the Supreme Court ruled the government was acting unlawfully when it introduced fees for employees/ex-employees to enter the tribunal system. Statistics showed that there were 79% fewer cases brought over the three years that the fees were in place.

What does this mean for you? Well, you need to ensure that your policies and procedures are in place and up to date, and that you use them. It means you must ensure you are acting legally and fairly, and documenting actions and conversations as and when you take/have them.

Ultimately it means the barrier to taking a claim to the tribunal service has been removed and the risk is higher than it has been. However, if you have procedures in place and you act legally and appropriately, the risk is minimal.

Annual leave

If you operate your holiday year January to December, you are heading into the final months of employees needing to take their statutory holiday. The law says that employees have to take their statutory holiday within the holiday year it’s accrued.

So all employees are legally entitled to 5.6 weeks holiday (pro-rata if they are part-time) This is 28 days.

Every employee must take 20 days (or the pro-rata equivalent) paid time off each year. You can allow up to eight days to be carried forward. This is the employer’s decision. Payment in lieu of notice up to 28 days is not permitted.

If you haven’t checked how much annual leave your employees have remaining, I suggest you do this now.

Xmas parties – a reminder

It’s nearly time for the traditional festive celebrations – a great way to say thank you to your staff for their hard work, but also a time when more HR issues come to the fore than at any other point in the year.

An employer is likely to have the same legal responsibilities for what happens during a Christmas party that it does during working hours. It’s important therefore to plan the party to minimise the risk of staff misconduct, grievances and other HR-related issues, whilst of course encouraging your staff to relax and enjoy themselves.

Here are my top tips to keep everything in the right festive spirit…

  • All staff have a right to equal treatment, so don’t forget employees who are temporary, fixed-term and agency workers, or those currently on maternity/paternity leave.
  • Include your under-18s, but think about the venue (will they be allowed in?) Remind your under-age workers that they must not consume alcohol.
  • Is the venue accessible for disabled guests? Public places must conform to the Disability Discrimination Act but it’s worth checking.
  • Take the opportunity to remind staff of the company policies relating to bullying, harassment and discrimination. Any behaviour contrary to these policies will be dealt with in the same way as if the act had happened during normal working hours.
  • Don’t make attendance compulsory. The date may coincide with other religious festivals or activities, or may fuel an argument for sex discrimination as more male staff can attend than females with caring responsibilities.
  • Avoid a ‘free bar’ all night, or ensure bar staff are vigilant to avoid drunken antics leading to disciplinary action. Alcohol can fuel unwanted sexual advances. As an employer, if you observe such a situation you must take action, as to do nothing could demonstrate condoning the behaviour.
  • As an employer you have a ’duty of care’ towards your employees so the situation of someone attempting to drive home after consuming alcohol may require your intervention. Could you give out a list of taxi numbers beforehand or, if budgets allow, provide taxis home?

So enjoy yourselves, but follow the advice and minimise any unpleasant complaints in the New Year!

Vicky Stanton is director of HR 4 Your Nursery. She has set up HR Hub – a one-stop shop for all your people resources (including contracts, letters, policies) online. To be kept up to date, visit vickystanton.sendmedetails.com/teach-early-years.

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