UK Companies not recognising the need for a Social Media Policy

A recent study has shown that the majority of UK employees are not provided with clear guidance on the expectations from the Company regarding their use of social networking sites.  The indications show that many companies do not have a suitable policy in place or do not communicate it sufficiently so that employees are aware of its existence.

Companies without a suitable policy in place are placing themselves at risk of security breaches and potential damage to their reputation amongst other issues such as bullying and harassment etc.

Over 51% of employees claim that they use social networking sites whilst at work such as Twitter, Facebook and LinkedIn.  Of these, 30% are using the sites every day and 5% are using the sites every hour.

Cases that are arising are demonstrating that senior managers are not aware of the social networking usage and do not realise that their HR or IT policies are inadequate.  The expectation is that employees would not post inappropriate comments online and that they would consider the risks involved, however time and time again they are now being proven wrong.

To forbid the use of social networking activity at work is not the answer since many problems arise from postings that have been placed from home, which can pose the same potential risks to a company's reputation and can illicit the same claims from work colleagues.

It is expected that most employees understand that they cannot send offensive images or jokes within the workplace, but what about a joke that began from a home computer and eventually makes its way into the Company's Email system? In a recent case Gosden v Lifeline Project Ltd, such an offensive Email was sent as a chain mail between employees out of work, however, it was eventually forwarded to a colleague at work.  The orginator of the EMail was dismissed and the tribunal ruled that the dismissal was fair.

We recommend that all businesses consider having a clear policy, which targets specific issues of social networking and the use of it relating to the business and colleagues within the business.

For further information on Social Networking Policies contact us today:      Email:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it Tel: 01280 817341

Understanding the incoming pension reforms

October 2012 will see the beginning of the phasing in of employers having to auto-enrol employees into a qualifying pension scheme.

The reforms will be introduced to the largest companies first, with a gradual phasing in until September 2016 when every workplace will have to set up pension auto-enrolment for every employee.

Employers will have to contribute to the pension scheme of all employees unless they decide to opt out of the scheme; the employer contributions will be phased starting at 1% and rising to a minimum of 3%.  The employees will have to contribute 4% of their earnings and will receive another 1% through tax relief.

Employees will have up to 90 days in which to opt out of the scheme and will receive a refund of any contributions made.

For employers that do not have their own pension scheme that meets the qualifying criteria, they will need to use the National Employment Savings Trust (NEST), a state sponsored scheme.

It is expected that take-up rates of the scheme by employees will be very high.  Currently only 55% of employees who are offered a pension scheme actually take it up, in comparison research shows that when people are auto-enrolled the take-up usually increases to 75-80%. New Zealand introduced a savings scheme in 2007 which shares many of the features of the UK plan including auto-enrolment, the take-up of this scheme has been approximately 86%.

What can employers do to prepare for the auto-enrolment

• Identify the date when they will be required to auto-enrol all staff (the Regulator will inform all employers 12 months prior to the date and will remind them 3 months before).  Employees can choose to use auto-enrolment before the required date.
• Assess existing pension schemes that are currently offered to staff members, to ensure that they fulfil the criteria of a qualifying scheme.
• Analyse the eligibility of the workforce for auto-enrolment to assess the cost implications.  It may be worth considering setting up scheme early with lower contributions that increase to reach the required 3% by the compulsory entry date.
• Employers that already have pension provision and make contrbutions above the required minmum may not see an increase in costs unless more employees take up the option once they are auto-enrolled.  If the scheme in place fits the criteria of a qualifying scheme the employer's only requirement is to communicate to staff that they will be auto-enrolled.
• Planning well in advance how the business will absorb the costs involved will help ease the burden.  Employers could review their approach to renumeration  to identify how cash could be redirected to cover the additional pension costs.
• Review the systems in place to ensure they will cope with the extra work involved in administering the new auto-enrol penisons.

If you need any assistance or advice we can help. Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it   Tel: 01280 817341 

Health & Safety

The Red Tape Challenge

The government has launched the Red Tape Challenge as a web based initiative to allow the public to give their views on a wide selection of legislation (including health and safety and environmental law).

It covers 131 health and safety regulations ranging from major hazard industries to general issues in lower risk workplaces and requires you to make simple decisions on whether to scrap, merge, simplify, improve or leave them as they are.

It's unlikely that this will lead to any change, as laws are not determined by popularity, but it does allow the government to at least consider your views.

If you wish to take part in this, pease visit:

http://www.redtapechallenge.cabinetoffice.gov.uk/home/index/

If you require any assistance with any Health and Safety issues please contact either Rialto Health & Safety or Black Dog HR and we will only be too pleased to help.

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01933 666990                01280 817341  

Special Points of Interest

Reporting of accidents and injuries to move to on-line

The Health & Safety Executive (HSE) are planning on introducing an on-line system for the reporting of all accidents and injuries, with the exception of any fatal and major incidents, which will need to be reported by phone.

This will be effective from September 2011 on website: bit.ly/accidentreporting

First corporate manslaughter conviction in the UK

An engineering company has been convicted and fined £385,000 after an employee was crushed to death, when a trench that had not been fitted with supports collapsed.

Older workers are NOT less productive than younger workers

New research has shown that older workers are not less productive than their younger colleagues, even when the job is physically demanding.

Consideration needs to be given when giving references

A recent case "McKie v Swindon College" was lost by the employer, for giving a factually incorrect statement about a former employee, in an Email sent to the new employer.

The court ruled that the comments could be considered as a formal reference and contained "negligent misstatements".

Employers need to be aware of comments made in this way, even if they do not believe that the comments are made under the heading of "a reference", as this case proves - a court could construe them as a reference.