HR Guidance Post Covid 19

The Law

Health and Safety at Work (NI) Order 1978

An employer has a legal duty to safeguard as far as reasonably practicable the health and safety of employees.

Employees also have responsibilities to comply with measures put in place for their health and safety.

There are a raft of regulations which flow from the 1978 Order and which address specific aspects of health and safety at work ranging from manual handling to working at heights to provision of PPE.

An employer who does not take appropriate action to safeguard the health and safety of employees may be found liable for injury/illness sustained.

All employers with more than 5 employees must have in place and apply a Health and Safety Policy.

Employees should familiarise themselves with the contents and be aware of their own responsibilities in ensuring a safe working environment.

Where appropriate, an employer should conduct a risk assessment to identify risks in specific aspects of the working environment.

Employers must review their health and safety policy and risk assessments regularly and make sure that all employees understand their roles and responsibilities.

Visit https://www.hseni.gov.uk/sites/hseni.gov.uk/files/health-and-safety-policy-template.pdf for a health and safety policy template.

Managing Staff

The Law

An employee’s core terms and conditions of employment (e.g. hours of work, remuneration) cannot be unilaterally varied by the employer. They may only lawfully be varied with the consent of the employee.

In addition to contractual rights and entitlements employees enjoy a broad range of statutory rights, e.g. the right not to suffer unlawful deductions from wages, the right not to suffer unlawful discrimination.

Information/Advice Sources
NI Business Info
The Labour Relations Agency
The Equality Commission

An employer who seeks to impose a change to an employee’s terms and conditions of employment (e.g. reduced working hours) without the employee’s agreement will be in breach of contract.

Even where a contract contains a unilateral variation clause imposition of same without consent will be vulnerable to challenge as unlawful.

The employee then has the following options:

• Accept the unilaterally imposed change to the terms and conditions of employment and overtime, by implication s/he will be deemed to have accepted same so that they are incorporated into the contract of employment
• Resign and claim constructive dismissal on the basis that there has been a fundamental breach of contract sufficient to bring it to an end
• Remain in employment and continue to work ‘under protest’ whilst pursuing a claim in breach of contract
• Pursue a claim for unlawful deduction from wages

Annual Leave

An Employer may require its employees to take annual leave for a specified period provided adequate notice in writing is given.

Employees who were unable to take their annual leave over the past number of years due to the pandemic, are able to carry over their annual leave for an extended period so employers must plan in advance for this.


Sickness Absence

Employees must ensure to adhere to their employer’s sickness policy when reporting absences due to illness.

Employees continue to accrue annual leave whilst on sick leave.

New legislation has been introduced in July 2022 to enable patients to obtain a fit note from their healthcare professional without the need to see their doctor – authorised nurses, occupational therapists, pharmacists and physiotherapists can now issue fit notes in addition to doctors.

• Is there a contractual right to lay off the employee on temporary cessation?
• If not, this can only be achieved with the consent of the employee
• Depending on the length of the lay off an entitlements to redundancy compensation may arise

• Is there a genuine redundancy situation?
• Which employee(s) are affected?
• Does the number of potential redundancies trigger collective consultation requirements?
• If 20 or more employees are to be made redundant there must be advance notification to the Department of the Economy
• Carrying out adequate consultation
• Adopting fair and objective selection criteria
• Guarding against unlawful discrimination

  The Statutory Dismissals Procedure

   

HSE(NI) advises that all employers must ensure that all staff are well enough trained to be able to work safely. It is necessary therefore to provide clear instructions and information and adequate training for all employers.

Training must be provided so that all employees know how to work safely and without risks to health. If in-house Managers or Supervisors are used to deliver in-house training they need to be suitably experienced and competent and they may need additional/updated training on the specific hazards arising in the context of the pandemic.

New employees must receive induction covering basic health and safety procedures and any additional Covid 19 related hazards.

It is a good idea to keep a documented record of training. It is also a good idea to provide refresher training to take account of new developments.

Particular care should be taken to ensure that:

• Young workers are given tailored training which recognises their lack of experience.
• Migrant workers are provided with clearly understandable instructions and guidance. Interpreter assistance should be provided as required.
• Vulnerable employees – this group requires particularly careful consideration in the content of the pandemic.

HSE (NI) – Health and Safety Training – A Brief Guide

Risk Assessment Templates / Work Safety Protocols HSE(NI)
https://www.publichealth.hscni.net/
https://www.hseni.gov.uk/articles/covid-19-frequently-asked-health-and-safety-questions

Mental well-being at work /Working from Home
https://www.publichealth.hscni.net/publications/directory-services-help-improve-mental-health-and-emotional-wellbeing

Advice on Changing Terms & Conditions, Managing a Redundancy Situation
Labour Relations Agency
https://www.lra.org.uk/resolving-problems/types-problems/

Advice on Social Distancing, Mandatory Requirements
Latest Government Guidance
https://www.gov.uk/government/collections/coronavirus-covid-19-list-of-guidance

Advice on Dealing with Persons who have tested positive for Covid 19
Public Health Agency Guidance
https://www.publichealth.hscni.net/news/covid-19-coronavirus

Employer Focussed Guidance
NI Business Info
https://www.nibusinessinfo.co.uk/content/coronavirus-safetyguidelines-and-social-distancing

Recruitment and retention are some of the main concerns for many Employers within the Tourism Industry at present.

Employers are having to think of unique ways to attract employees to the tourism industry following the volatile workplace market over the past number of years.

Incentives to attract employees

• Prioritise employees who were let go during the pandemic
• Offer exclusive discounts at your business or group businesses for all employees
• Financial incentives – bonus, pay rise, unsociable hours pay increase
• On sight free parking, fuel vouchers to help with the cost-of-living increase
• Consider offering extra annual leave entitlements

Retaining staff

• Create a positive and supportive workplace environment
• Offer flexible working arrangements
• Provide training for career advancement
• Recognition of workplace achievements
• Focus on employee work/life balance