In our latest quarterly newsletter we look the latest legislation updates involving Sleep-In Payments, Taxation of Termination Payments, and GDPR, and also look at Staff Training for GDPR.
We hope you find this newsletter informative and helpful, if you would like more information on any aspect please contact us. Don’t forget to take a look at our website to see the full range of our services.
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There has been a significant update regarding sleep-in payments which reverses previous court rulings (https://www.accountancydaily.co/reversal-care-worker-sleep-back-pay-causes-hmrc-concern).
The position now is as it was originally i.e. employers can now legally pay a flat rate ‘sleep-in’ payment, with full pay only due for any time actually worked (at National Minimum Wage (NMW) as a minimum).
Some employers had taken the decision to implement paying the NMW for all hours of sleep-ins, there is no requirement to continue to do so (as detailed above) although it is not possible to reclaim this from staff as the payments were made / accepted in good faith.
Some providers had signed up to the Social care compliance scheme (SCCS). It is unclear what will happen with this scheme and employers should contact HMRC / their advisors to take this forward.
General Data Protection Regulation (GDPR)
This came into force on 28th May 2018 putting new requirements on the protection etc. of personal data. Guidance on how companies should be preparing is already available with almost all revolving around the need for ‘compliance’ (detailed information on the requirements of GDPR can be found on the Information Commissioner’s Office website https://ico.org.uk).
Taxation of termination payments
New rules on how termination payments are taxed came into force on 6 April 2018. These new rules apply to any termination that happened on or after that date. The new rules mean that all notice pay should now be treated as earnings and subject to tax and national insurance contributions. This is on all payments in lieu of notice (PILONs), rather than just contractual PILONs.
Operational Managers are key to a Company’s success, and how they work with and manage their teams is an essential part of this. We provide the following training courses to help Managers deal with issues and people correctly to enhance your business.
• Managing Discipline & Grievance
• Managers Guide to Handling Stress
• Influencing Styles and Persuasive Negotiating
• Managing Conflict
• Managing Performance
• Managing Attendance
• Managing Recruitment and Selection
All of our courses can be tailored to suit your exact needs and delivered at your premises if required.
Our ½ day Managing Performance course is designed to:
• Guide and support managers on how to effectively manage their employees / teams performance;
• Assist managers with setting clear objectives, essential to the contribution of the overall objectives and direction of the team and organisation, including the review and appraisal process;
• Help managers deal effectively with poor performance, best practice and case studies to facilitate understanding.
The course support managers who have responsibility for the performance management of employees within the workplace, guiding the manager through setting clear objectives and targets, utilising the most appropriate performance management tools for staff retention and development, promoting the manager’s understanding of their responsibilities for dealing with poor performance and the appropriate processes /steps to follow, and emphasising the need for proactive performance management within the workplace and their role in lessening the impacts this has on the organisation.
More details on each of the training courses can be found on our website.
We have established key partnerships to enable us to provide a rounded ‘people’ solution to our clients, including:
• Occupational Health services;
• HR Software.
• Health Insurance and Staff Healthcare Benefits;
We also have a number of other Associate Partners whose services we have used ourselves and also recommend, covering:
• Legal Services;
• Financial Services;
• IT services;
• Insurance Services.
and more. Visit our website to see full information on our partners and services.
Helpful Hints & Tips – GDPR: Staff Training
With the EU’s General Data Protection Regulation (GDPR) now in force, staff who handle important information that will fall under the scope of the GDPR need to be aware of new policies and how they can execute changes effectively.
A tick-box approach to GDPR compliance training is clearly insufficient, as is overwhelming staff with information about the legislation, or handing them a huge GDPR training manual. Giving employees a one-off GDPR training session may similarly have little impact, because of the required concentration for the training to be absorbed, and the fact that GDPR practices among staff may deteriorate over the course of the year.
Studies show that people are more likely to remember information given in regular, smaller chunks. In this sense, the GDPR training would be better as an ongoing item throughout the year, rather than a once-only event.
Training pertaining to cybersecurity should be prioritised, since the most punitive punishments outlined in the legislation occur as a result of data breaches. This applies to both ‘data controllers’ (those who own and determine the use of data) and ‘data processors’ (those who process personal data on behalf of the data controllers).
Considering some 75 per cent of breaches that occur in business can be attributed to people, protecting one’s company and avoiding large fines will inevitably involve training staff to act safely online. What is clear is that any form of GDPR training will need to make a tangible impact on people’s behaviours.