Your 2018 HR Update for Early Years Settings
Get set for the new year with Vicky Stanton's roundup of what to expect
- by Teachwire
- Classroom expertise and free resources for teachers
First of all a Happy New Year to you and all your staff!
I thought I’d begin 2018 with a round-up of what the next 12 months has in store.
So, without further ado…
Changing wages
New National Minimum Wage rates and National Living Wage rates will come into effect from April 2018. Note the change of date – don’t get caught out thinking the changes still happen in October.
From April 2018 the rates will be as follows:
National Living Wage, £7.83 (payable to all employees aged 25 and over)
National Minimum Wage:
- Workers aged 21–24, £7.38
- Workers aged 18–20, £5.90
- Workers aged 16–17, £4.20
- Apprentice Rate, £3.70
Data protection
Employers will be required to carry out audits of employee personal data that they collect and process to ensure it meets the General Data Protection Regulations.
The ICO have published a booklet offering guidance, Preparing for the General Data Protection Regulations (GDPR): 12 steps to take now – you can download it here.
This is a key piece of legislation that will affect all businesses. There will be impact on the data you hold in relation to your employees and children’s data, so my advice is to keep yourself updated as more of the regulations are clarified.
Case law update
A charity employee has been fined after pleading guilty to unlawfully obtaining personal data under section 55 of the Data Protection Act. The employee had sent information relating to just under 200 clients to his personal email account.
The findings were around the fact that just because someone had access to personal data that doesn’t mean they should access it, unless they have a valid legal reason for doing so.
Do your employees who have access to personal data understand the legal responsibility this carries?
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Upcoming legislation
The Parental Bereavement (pay and leave) Bill was introduced into Parliament on 13 October 2017. The aim is that is becomes law in 2020.
The details are still to be announced but it is envisaged that the Bill will give employees who lose a child under the age of 18 (including stillbirth after 24 weeks) a right to at least two weeks’ leave to grieve the loss of their child away from the workplace. The right will be irrespective of their length of service.
In addition, employees with a minimum of 26 weeks’ continuous service will also be entitled to two weeks’ statutory flat rate of pay (currently £140.98) or 90% of their average weekly earnings per week (whichever is the lower).
If an employee loses more than one child, they will be entitled to take leave in respect of each child. Employees taking Parental Bereavement Leave will also be protected from detriment, redundancy and dismissal.
Whilst many employers have a policy of offering compassionate leave to employees who suffer a bereavement, currently there is no legal requirement compelling employers to provide paid time off to grieving parents.
Good practice to start the year
Do you have part-time staff in your business? If so then I suggest you sort bank holidays out right now at the start of the year (assuming you run your holiday year January to December, and you should or you may fall foul at Easter one year!).
You will know how many bank holidays they are entitled to (eg full-time worker works 5 days, part-time worker works 2.5 days – part-time worker gets 4 bank holidays) Look at their working pattern/contracted days. Which days fall on a bank holiday? They will get the first four paid. Any more? They have to take annual leave or they don’t get paid. They could swap days and work a different one.
If they don’t work on enough bank holidays to take all of their allowance, then they must get extra days to take off (as ‘normal’ holiday).
If you have any questions about any of this, please get in touch for a chat!
Vicky Stanton is director of HR 4 Your Nursery. Vicky 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.
