1 Absence Management & Employment Law Update presented by Tammy Markley & Gill Tanner BOURNEMOUTH BOROUGH COUNCIL November 2011

2 Legal Update Agency Worker Regulations Agency Worker Regulations Bribery Act Bribery Act Future plans Future plans

3 Agency Worker Regulations Effective from 1 October 2011 Effective from 1 October 2011 –European driven legislation Aim is to provide agency workers with equal treatment compared to directly employed individuals Aim is to provide agency workers with equal treatment compared to directly employed individuals An agency worker is an individual who is supplied by a temporary work agency to work temporarily under the supervision and direction of a hirer and has a contract of employment under which they provide their service personally for the agency

There is a qualification period (12 weeks) and criteria to be met. There is a qualification period (12 weeks) and criteria to be met. –Speak to your HR Business Partner if you need further guidance. Equal treatment relates to same basic working and employment conditions relating to Equal treatment relates to same basic working and employment conditions relating to –Pay –Duration of working time –Night Work –Rest periods and rest breaks –Annual Leave 4 Agency Worker Regulations

Bribery Act Implemented on 1 July 2011 Implemented on 1 July 2011 –Designed to facilitate free and fair competition The act creates four offences The act creates four offences –Offences of bribing another person / accepting a bribe –Bribery of a foreign official –Failure of a commercial organisation to prevent bribery 5

Future plans Government has confirmed plans this month to overhaul key areas of employment legislation. – –from April 2012 the qualification period for unfair dismissal will be increased from one to two years. – –Changes to Employment Tribunal system to be consulted on.

7 Absence Management Why do we manage Absence? Why do we manage Absence? The legal framework and key legislation The legal framework and key legislation What tools / resources are in place to support Schools? What tools / resources are in place to support Schools? Questions Questions

Why do we manage Absence? Public Sector - Costs average £800 per employee (CIPD research 2010) Average number of days lost per employee = 9 days (CIPD 2010) Local Authority including Schools are under scrutiny to drive down absence levels Adverse Effect on Team Morale Impact on Quality of Teaching & Learning / Support Abolition of the Default Retirement Age (experts predicting an increase in absence) The most common cause of absence are minor illnesses e.g coughs/colds etc Half of public sector organisations report an increase in stress related absence

Key Legislation Equality Act 2010 (DDA) Health & Safety legislation Employment Rights Act 1996

10 Tools / Resources Absence Policy i.e Attendance at Work Guidelines – MINE School’s Handbook Absence Policy i.e Attendance at Work Guidelines – MINE School’s Handbook Conducting RTW Interviews Conducting RTW Interviews Conducting Trigger Meetings – E1st Conducting Trigger Meetings – E1st Occupational Health referrals Occupational Health referrals Health & Wellbeing (Package 3 HR SLA) Health & Wellbeing (Package 3 HR SLA) GP Fit Notes (6 th April 2010) GP Fit Notes (6 th April 2010) Stress Risk Assessment Stress Risk Assessment Flexible Working Policy Flexible Working Policy HR Business Partner Team HR Business Partner Team

A Healthy Workplace delivers results! “Health & Wellbeing is an Investment, not a cost, which in turn will help to develop a healthy, resilient and high performing organisation” CIPD “A resilient workforce can adapt to change and be better equipped to tackle challenges head on, particularly in the current climate” DVLA “The link between a healthy workplace and a productive business is absolutely undeniable” Lancaster University following Nestle research

12 Thank you for your time. Any questions?