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EMPLOY WITH CONFIDENCE
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Today Who’s who? Housekeeping Agenda Feedback
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Fish Insurance Since 1975 Fish Insurance has been providing specialist, low cost cover to disabled and elderly people across the UK Independent Living Insurance – Employers & Public Liability Mobility Equipment Insurance & Warranty Car Insurance – WAV, Adapted, Blue Badge Carer and Personal Assistant Insurance Travel Insurance for Medical Conditions Home Insurance with Adaptions We are one of the UK’s biggest disability and independent living insurance providers with over 80,000 policyholders
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Full cover – Independent Living Insurance
Policy Features Employers Liability - £10 million Public Liability - £5 million Redundancy & Notice Payment cover 24 hour Employment Law advice line Replacement Employee Cover Identity Theft Personal Accident £Nil Excess Please note that this is not an exhaustive list, a full list of benefits, features and exclusions is included in our policy wordings
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What is Employers Liability Insurance?
Employers’ Liability (Compulsory Insurance) Act 1969 If an employee has an accident at work or becomes ill as a result of their work they may be liable to claim compensation Requires the employer to have a minimum of £5 million cover An employer must make the certificate of insurance available so their employees have easy access to it If an employer fails to have Employers Liability insurance in place they can be fined up to £2,500 for each day they are without cover
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Employers Liability Claims – Examples
Claim Payment PA was injured under wheel of car £50,450.00 PA injured her back lifting insured £56,140.00 PA slipped on ice and damaged the tendons in her knee £80,000.00 PA fell whilst stripping wallpaper and broke his heel £150,000.00 Hoist slipped. PA injured her wrist trying to stop insured falling £170,000.00 Insured fell on PA and broke her leg £200,000.00 IF INSURANCE IS NOT IN PLACE THE EMPLOYER WOULD BE LIABLE
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What is Public Liability Insurance?
Provides cover for an accident or injury to a member of the public caused as result of your working activities, for which the policy holder can be held liable The Public liability limit is £5 million Example – damage to a car not owned by the insured
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Redundancy Cover If there are insufficient funds available to make the payment in the following circumstances:- A local authority reduces or withdraws funding unless a unilateral withdrawal The employer goes into full time residential care The individual receiving care passes away The policy covers up to £1,500 per employee or £3,000 if more than one employee We will also cover up to £450, if you are required to make a payment for statutory notice period subject to a redundancy claim being made under the policy Cover is only provided if you seek advise from Peninsula
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Employment Law Advice Line
24 hour Telephone Service Indemnified Advice Court and Tribunal Costs Compensation Costs Payroll Advice Health & Safety Advice
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What’s in this Session Who are Peninsula and how can we help you
When & why to use HR and Peninsula What can go wrong if you don’t?
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Who are Peninsula and how can we help you?
The UK’s leading specialist Employment Law, HR and Health & Safety service. 24/7 service Employment Law compliance Employment Law documents including contracts of employment Employment Law advice including legal advice from a qualified team of Consultants We provide over 18,000 pieces of advice to Fish policy holders every year, nobody is better placed to understand the unique needs of Direct Payments employers than Peninsula.
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When to use HR and Peninsula?
At all times other than for the most INFORMAL of matters Examples: At each stage of a formal/informal “process” such as disciplinary or grievance Before and after meetings Before sending out letters Before issuing outcomes MOST IMPORTANT – BE PROMPT
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Why to use HR and Peninsula?
Contracts Conduct, capability and disciplinary hearings Holidays National Minimum Wage Working Time Regulations Grievances Family Friendly legislation Absence/timekeeping
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Contracts PBS can provide PBS can review PBS can advise
Employer must issue!
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Conduct, capability & disciplinary
“Won’t v Can’t” or “Skill v Will” Consider if informal action will do the job Investigate Take action Take notes Be consistent
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Gross Misconduct Is the conduct denied and if so, have the Burchell principles been followed? Is the breach sufficiently serious and does it go to the root of the contract? Was it clear that gross misconduct would be the penalty for the breach? Has the employee been suspended or allowed to work? Is the penalty consistently applied? Are there mitigating circumstances/was the breach accidental? Has a fair disciplinary procedure been carried out?
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Holidays Can be huge source of contention
Be clear in contract – entitlement and policy over holiday bookings Seek advice at all times
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National Minimum Wage Sleep-ins (see working time regulations.)
Be aware it goes up every October National Living Wage – April 2016 Fines for non-compliance
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Working Time Regulations
Rest breaks Night shifts Time off Derived from Working Time directive – may be impacted post-Brexit – watch this space!
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Family friendly legislation
Maternity Paternity Shared Parental Leave Parental Leave Adoption Flexible working Time off for Dependants (TOD)
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Absence & timekeeping Document it Have or introduce a policy
Set clear expectations Hold return to work interviews Decide on appropriate action
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What can go wrong? Tribunal claims
Insured or uninsured depends on advice taken and followed – prior to the event!
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Peninsula Business Services Ltd
24 hours a day - 7 days a week
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Questions and Contact Details
Any questions? Please don’t hesitate to get in touch Becky Rourke Relationship Manager
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