This month there are two important issues for employers to consider.
nThe first asks how often do you really switch off from work? Are you one of those people who checks their emails during holidays or do you pick them up on your mobile phone so you never miss anything?
nMany of us are guilty of this, but it means that we are never completely away from work and able to relax.
nIn France, controlling this has been taken a step further and employees have been given the legal right to avoid emails outside of working hours. Their new “right to disconnect” law introduced on the 1st January this year means that companies with more than 50 workers have to set out a charter of good conduct stating when staff should not send or answer emails.
nThe default working week in France should not exceed 35 hours and those who support this law have argued that employees expected to deal with emails outside of working hours risk stress, sleep and relationship problems and they are not being paid fairly for their overtime.
nIn the UK, the Working Time Regulations1998 mean that workers can work up to an average of 48 hours per week and can opt-out which means they can work longer than this if they wish.
nThe UK has no plans to introduce similar “right to disconnect” legislation but the health and wellbeing of workers is a serious matter with an increasing number of employment tribunal claims claiming work-related stress as a contributory factor. Employers should monitor working hours, avoid sending messages which require a response when people are on leave, be mindful of the issues which arise with excessive use of devices and promote a healthy lifestyle and work-life balance.
nThe other important issue this month is the tribunal ruling involving Citysprint, a courier firm, and a bicycle courier who had undertaken work for two years. This is another case where the organisation regarded an individual as self-employed and in business on their own account, but the tribunal ruled that the bicycle courier should be classed as a worker and was entitled to basic employment rights including the National Living Wage, holiday pay and sick pay.
nIn determining this, factors examined included the relationship between the two parties, the contractual arrangements and the amount of control the organisation had.
nThis is not the first case of this nature and last year there were cases involving Uber and Deliveroo and there are further cases in the pipeline.
nOrganisations need to ensure they attach the right label to individuals and treat them accordingly. Self-employment may seem to be an easy option and limit the organisation’s responsibilities but it is not always a true reflection of the relationship.
nIf you would like further information or support for your business please contact Sheila Watson on 01429 857082, sheila.watson@hartlepool.gov.uk