Welcome.
Welcome to the UKQCS newsletter. If you cannot see this email in graphical format, a formatted copy is available at www.ukqcs.info/newsletters.htm, together with an archive of past copies. This newsletter is free, so please pass it on to your colleagues, who can sign on for their own copy by visiting our website at www.ukqcs.com and completing the brief details requested. www.ukqcs.info has been launched to provide clients and others with full information on the rapidly expanding range of support services provided by UKQCS. . Click here for details of the UKQCS Quality Management System . All UKQCS Care Quality Management System clients had their holiday pay entitlement details updated on 30th September so that when anyone logs on from 1st October onwards, the correct details are displayed in line with changes in employment regulations. Any stocks of the relevant policies already printed should be replaced. You should also replace the copies in the Master Files and any sub-manuals. The policies affected are: • P0700 Casual Workers (Bank staff) Policy and Procedure • P1500 Temporary Workers Policy and Procedure • P4000 Recruitment Pack – Job Start and Induction The Casual Workers (Bank Staff) Policy and Procedure has been edited to take into account recent legal precedents which outlaw the payment of holiday entitlement to casual and bank workers, who are just as entitled to holiday pay as permanent workers, in the form of pay as opposed to time off. Casual workers must accrue holiday pay and be given it as paid holiday, the same as any other worker. . Click here for details of the UKQCS indemnified HR Support package . The new minimum paid holiday arrangements which come into force on 1st October are causing problems for some clients. We loaded the article “Bank holidays - new leave arrangement OCT 2007” to the “Useful documents” section of our management system client web site several weeks ago. The article was sourced from Government sites, and while it tells you what you have to comply with, it is a little short on how to do it, and most importantly, the pitfalls. We have therefore developed our own short article on the subject, now uploaded to the same place, entitled “The new holiday regulations from 1st October 2007 – a briefing note”. The article is intended to state, in as understandable terms as possible, the required outcomes and the possible pitfalls of the change in regulations. In particular we point out that: • A “holiday” in terms of the regulations is defined as time spent away from the workplace, therefore payment in lieu of the minimum holiday entitlement is not available. This arises because the provision arises from health and safety law, and is intended to promote good health. • A “week” in terms of the regulations is the contracted week’s work, which is the average of the previous 12 weeks worked. It is NOT the so called “contract hours”, which we never tire of pointing out are nothing of the sort. That which is habitually called contract hours is usually the hours stated in the Statement of Main Terms and Conditions, which is not “the contract”. “The contract” is custom and practice, which in this industry is seldom the hours entered on the SMTC, is usually in excess of it, and best defined as stated above as the average of the preceding 12 weeks. • There is no statutory right to public or bank holidays. • In the article we note the long standing pitfall of whether a bank holiday is payable or not, depending on the rota pattern, and explain how it works. • We point out that deciding to cease to pay premium rate for bank holidays where it has previously been paid, possibly to finance the increase in entitlement, is legal from the viewpoint of the working time regulations, is being advised as an available option in some quarters, but we point out the very significant breach of contract risks that may arise from such a change. Clients are strongly advised to read the article, together with the article "Model answer - can I change the rota?" in Useful documents, and email us for advice if still confused. . Click here for details of the UKQCS Quality Management System . Any client thinking of removing bank holiday premium payment to compensate for the increase in holiday entitlement from 1st October is strongly advised to read our briefing notes on our client web site - “Bank holidays - new leave arrangement OCT 2007” and “The new holiday regulations from 1st October 2007 – a briefing note”. Such a change, unless agreed to by all employees is a breach of contract, and may even be so with the agreement. . Click here for details of the UKQCS indemnified HR Support package . Online care sector management and quality assurance systems, information at www.ukqcs.info/online_manual.htm Care Training including NVQ, information at www.ukqcs.info/training.htm Personnel/Employment Law support/HR indemnity package, information at www.ukqcs.info/hr_support.htm HR/Personnel/Payroll outsourcing (details to follow) Audits; CSCI and RDB pre-audits, information at www.ukqcs.info/health_check.htm CRB/POVA checking, information at www.ukqcs.info/health_check.htm Induction, including LDAF, information at www.ukqcs.info/induction.htm Care and Business Consultancy, information at www.ukqcs.info/consultancy.htm Company registered in England & Wales Reg No 5776646. Registered Office 1 Blackley Hall Cottages, Pont-y-Capel Lane, Gresford, Wrexham. LL12 8SA Tel: 08707 489 899 Fax: 08701 316 817 Email: info@ukqcs.info Web: www.ukqcs.info
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