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Dear Reader,
Employers have a duty of care towards their staff under health and safety legisation. Additional rules apply in respect of pregnant workers and this month we will look at the most recent update on these rules from the Employment Appeal Tribunal. We will also consider the very topical issue of snowy weather and what to do when your staff can't get it in to work.
Please contact me if you would like to find out a bit more about any of these issues. If you need any help or advice why not take advantage of my free initial consultation.
Please forward this email to any of your contacts who might find it of benefit.
Regards
Peter Etherington
Tel: 01664 430373
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| Do you need to assess risks at work for pregnant employees? |
| Employers have a duty to protect pregnant employees from work-related risks |
The Employment Appeal Tribunal has clarified employers' duties in relation to pregnant employees in the recent case of O'Neill v Buckinghamshire County Council.
There is no automatic requirement to carry out a risk assessment in every case. This duty only arises when:
- the employee notifies the employer in writing that she is pregnant;
- the work is of a kind which could involve a risk of harm or danger to the health and safety of a new expectant mother or to that of her baby; and
- the risk arises from either processes or working conditions or physical biological chemical agents in the workplace at the time specified.
Of course, this is a slightly circular issue - on the face of it an employer will not know for sure whether or not the work is of a kind set out in point 2 without carrying out some form of risk assessment. My advice is to at the very least have a conversation with the employee to ask her if she feels there is any risk to her health and safety or that of her baby associated with her work, and to react accordingly. Don't forget to make a record of the conversation! |
| Has snow stopped your employees coming to work? |
| Employers' obligations to staff who can't make it in to work |
Unless your contract of employment states otherwise, you do not have to pay staff who are unable to make it into work because of bad weather. However, if you have to close your business due to bad weather and, therefore, cannot provide your staff with work, you may have to pay them.
Of course, if employees do not come to work when the Met Office has offically warned against travelling, it puts employers in a difficult position. You don't want to be seen to be pressurising employees into putting themselves at risk.
An added complication is when schools close. Employees have the statutory right to take off work (unpaid) in this situation to look after their children. If you decide to pay employees who are unable to come into work due to the snow, but not to pay those who take time off because their children can't go to school you could find yourself facing a claim of less favourable treatment.
Most employers will find a workaround in these circumstances which may be to allow some home-working, to let staff use their holiday entitlement, or to have paid time off and make the time up later on. However, for larger employers or those who have found the recent bad weather particularly difficult to manage, it may be best to formulate a policy to cover this issue.
If you would like help with such a policy or would like to discuss this issue further, please contact me. |
