2020/21 has firmly rooted health and safety in our day-to-day lives and our cultural consciousness.

The latest HSE statistics reveal some interesting points that highlight the state of health and safety in the UK, between 2020 and 2021

2020/21 has firmly rooted health and safety in our day-to-day lives and our cultural consciousness. However, the latest statistics from the HSE prove we still have a long way to go. Simon Walter, Co-Director at Rhino Safety, shares his thoughts on what the focus should be in 2022.

 

  • Work-related ill-health cases increased from 1.6 million to 1.7 million
  • New cases of work-related ill health rose from 638,000 to 850,000, a 33% increase
  • The number of workers suffering from a new case of work-related stress, anxiety and depression rose by 30%, from 347,000 to 451,000
  • The major cause of new and long-standing cases of work-related ill-health is stress, depression and anxiety, which accounts for an astonishing 50% of cases
  • Musculoskeletal issues are next at 28%, while other types of illnesses account for 22%, Workers suffering from a new case of work-related musculoskeletal disorder rose by 6.5% from 152,000 to 162,000
  • Workers who sustained non-fatal injuries (self-reported) decreased by 36%. Non-fatal injuries reported by employers also fell by 22%
  • The major cause of non-fatal injuries across all industries is slips, trips and falls. In 2019/20 it accounted for 29% of incidents. In 2020/21 it rose to 33%
  • Fatal injuries at work rose from 111 in 2019/20 to 142 in 2020/21. The major cause of fatal injuries is falling from height, which is consistent with previous years
  • Over half of fatal injuries to workers in 2020/21 were in agriculture, forestry and fishing (34%) and construction sectors (39%)

Looking at these statistics, there’s a lot to reflect on. Among them are things we can do in 2022 to ensure that health and safety remain at the forefront of policy and strategy across a wide range of industries and sectors.

So – what are the key things we should focus on to move the dial on health and safety in 2022?

1. Keep health and safety in focus

2. Prioritise and incorporate mental health and wellbeing into health and safety practice/policies etc

3. Reduce the threat of musculoskeletal disorders across multiple industries

Are you confused with the updated Public Health Covid Guidance ?

Read what the latest Public Health guidance means for your business

The guidance appears therefore to be quite confusing. On the one hand COVID safety measures are no longer required for the majority of businesses, but on the other the guidance to self-isolate has been significantly widened. This leaves employers in a real bind as to what to do and leaves open the ongoing significant interruption to business that periods of self-isolation create. Employers will need to give thought to what, if any, other protective measures (such as screens and sanitiser) they wish to retain should they wish to insist on those suffering from a respiratory illness coming to work.

What to do if a member of staff has symptoms of a respiratory infection, including COVID-19

If a member of staff is unwell with symptoms of a respiratory infection, such as COVID-19, they should follow the guidance for people with symptoms of a respiratory infection such as COVID-19.

Employers, in accordance with their legal obligations, may wish to consider how best to support and enable their workforce to follow this guidance as far as possible.

Management of members of staff who are at risk of serious illness from COVID-19

Some workers are at a greater risk of serious illness from COVID-19, for example people who have a weakened immune system.

There is specific guidance for people whose immune system means that they are at higher risk, because they have a reduced ability to fight infections, such as COVID-19. Employers may wish to consider the needs of employees at greater risk from COVID-19, including those whose immune system means they are at higher risk of serious illness from COVID-19.

It is unclear whether there will be any specific updates to the Living with COVID plan but pulling together the various strands we now know:

 

The guidance is to be updated monthly and we will have to see what impact the loss of free mass testing and the updated self-isolation requirements will have.

Changes to COVID-19 testing in England from 1 April

Symptomatic testing

Symptomatic testing in high-risk settings, where infection can spread rapidly among people who may be at higher risk of serious illness, remains important to ensure that COVID-19 is detected as quickly as possible.

This is to help minimise the number and impact of outbreaks to protect those who are most vulnerable.

Free tests for people who have COVID-19 symptoms will continue to be provided to the following groups, largely via the existing channels:

  • NHS patients in hospital, who will be tested via the established NHS testing programme
  • those eligible for COVID-19 antiviral and other treatments, who will be sent a pack of tests and can request replacements if they need them
  • NHS staff and staff working in NHS-funded independent healthcare provision – the current lateral flow test ordering portal will remain available for this group to order their own tests
  • adult social care staff in care homes, homecare organisations, extra care and supported living settings and adult day care centres, as well as residents in care homes and extra care and supported living settings via the established organisation ordering portal
  • adult social care social workers, personal assistants, Shared Lives carers and CQC inspectors will be able to order tests from the current online lateral flow ordering system
  • staff and patients in hospices will be supplied tests by the hospice
  • staff and detainees in prisons and other places of detention will be supplied tests by by the detention premises as currently happens
  • staff and detainees in immigration removal centres will be supplied tests, as currently happens, by the organisation concerned
  • staff and users of high-risk domestic abuse refuges and homelessness settings

Asymptomatic testing

During periods of high prevalence, asymptomatic testing will continue to mitigate risk. Testing will continue to be provided for:

  • adult social care staff and a small number of visitors providing personal care
  • hospice staff
  • patient-facing staff in the NHS and NHS-funded independent healthcare provision
  • some staff in prisons and other places of detention, and some refuges and shelters

Care home outbreak testing for all staff and residents will also continue all year.

Full guidance will be published shortly setting out how the current testing regimes will change to reflect the Living with COVID-19 strategy, which will include specific guidance for high-risk settings.

Visitors to high-risk settings

Most visitors to adult social care settings, the NHS, hospices, prisons or places of detention will no longer require a test.

Tests will continue to be provided to a small number of visitors to care homes and hospices who will be providing personal care.

Visits by people with symptoms may still be allowed in exceptional circumstances, such as end of life visits. Please contact someone responsible at the setting prior to visiting in these circumstances.

If you wish to test yourself, lateral flow tests will continue to be available to buy from pharmacies and supermarkets, including online.

It is vital that everyone continues to follow the simple steps to keep themselves and others safe.

Changes in Scotland, Wales and Northern Ireland

The devolved governments have set out their own plans:

The government will continue to work together with our partners to keep all of these measures under review.

If you do not fall into the categories listed here but you wish to test yourself for COVID-19, lateral flow tests will continue to be available to buy from pharmacies and supermarkets, including online.

Changes to COVID-19 testing in England from 1 April – GOV.UK (www.gov.uk)

So, what can employers do to lower the risk the virus poses to their staff as we move into this next phase of the pandemic?

After Friday 1st April, people who have a positive Covid-19 test are being advised to “try to” stay at home and avoid contact with other people for five days, which is when they are most infectious.

Children who are unwell and have a high temperature are being advised to stay home and avoid contact with other people where they can.

They can go back to school, college or childcare when they no longer have a high temperature and they are well enough to attend, the Government said.

Those who are positive, or have symptoms, and need to leave home will be urged to wear masks, avoid crowded places and stay away from people with weakened immune systems.

From 1 April 2022 onwards:

  • Tests:  Free PCR and lateral flow testing will be no longer available for most people. Free tests will be available for a small number of at-risk groups including the over-75s and over-12s with weakened immune systems. For everyone else COVID-19 tests will be charged for and sold through private market retailers and pharmacies. Free tests may be available for schools if they have COVID outbreaks.
  • Working Safely guidance: The existing guidance will be replaced with new public health guidance.
  • Health and safety risk assessments: employers will no longer have to explicitly consider COVID-19 in their health and safety risk assessments.
  • COVID passports or certification: These are no longer recommended for venues and events but remain necessary for international travel. The NHS COVID pass is no longer to be used as a vaccine passport within the UK.

Guidance for employers and the public is being changed, in particular, the requirement to consider COVID-19 in risk assessments and the existing ‘Working Safely’ guidance remains in place until 1 April when it will be replaced with new guidance.

The CIPD recommends considering three questions to help guide workplace safety:

  1. Is your workplace sufficiently safe and supportive?
  2. Are you being flexible in your approach?
  3. What is best for people’s wellbeing and performance?

With the removal of legal restrictions triggering a surge in Covid-19 infections, there is likely to be an increase in employees experiencing lingering symptoms. Organisations’ response should be two-fold, and they should consider how they support employees with long Covid.

Now self-isolation periods have ended we are likely to see employees continuing to work despite confirmed illness, which poses a risk of outbreaks.  For some people Covid-19 symptoms have been little more than a cold and many others have tested positive without any symptoms at all. However, thousands of others have experienced hospital admission, serious symptoms or even symptoms that have remained long after the infection has passed, sometimes known as ‘long Covid’.

So, what can employers do to lower the risk the virus poses to their staff as we move into this next phase of the pandemic?

Planning and management of Workplace Safety

Employers should take an individualised approach to consider the physical, emotional and mental wellbeing of the workforce, as well as following and monitoring ongoing government guidance.

Employers have a duty of care to ensure that the workplace is sufficiently safe to work in, following the latest government guidance. The key aspects that employers should be aware of are:

  • Testing – Encourage Testing
  • Positive Covid Test – People who have a positive Covid-19 test are being advised to “try to” stay at home and avoid contact with other people for five days, which is when they are most infectious
  • Work from home – Ask your people to work from home (if their job allows this)  if they have tested positive, but have no symptoms
  • Vulnerable staff – Where possible, risk assess and advise reduced close contact with others in the workplace ie; hybrid working agreement, but predominantly working from home (if possible)
  • Testing Kits – Some employers are buying lateral flow tests to hand out to their staff to support them
  • Enhanced Sick Pay – If you would rather your people were open and honest and they didn’t attend the workplace with Covid symptoms, and put others at risk,  then you may want to look at offering enhanced contractual sick pay
  • Employee Assistance Programme (EAP) – Implement an EAP to support your people
  • Risk AssessmentUntil 1 April 2022 employers must undertake COVID-specific risk assessments, from this date employers can choose whether to consider COVID 19 specifically,  or as part of their overall health and safety risk assessments
  • Priority Actions – Including protecting staff and customers, including steps and measures such as improved ventilation, reducing contact for workers, reducing risk for customers, visitors and contractors, cleaning the workplace, personal protective equipment (PPE) and face coverings, workforce management and tests and vaccinations
  • Ventilation – An ongoing emphasis on the importance of ventilation. Employers can refer to the advice on air conditioning and ventilation on the HSE website
  • Consultation – Consultation may help staff feel safer, taking into account their input on any health and safety measures put in place to reduce the risk of COVID-19. Many factors must be considered, including risk assessments, the size and nature of the workplace, the number of vulnerable staff or those who live with vulnerable people, caring responsibilities, public transport dependency, as well as any local and wider outbreaks
  • Engage – It is important that businesses engage with their people to understand how they feel. There should be consultation with staff at a company level but it’s also important that line managers understand the specific concerns of their individual team members so they can best support their mental wellbeing and future ways of working. Employers need to stay flexible as guidance and attitudes evolve.

Company Sick Pay Eligibility & Testing 

Consider whether to adjust your company’s sick pay eligibility to cover self-isolation or sickness absence in full. Employers will also have to decide their policy on providing and funding testing given that free testing will end for most people from 1 April 2022.

Challenges

Many employers will want those testing positive for COVID-19 to continue stay at home as this protects vulnerable staff or clients. Asking staff to self-isolate if testing positive but without symptoms, or after close contact with someone testing positive, will become more difficult if employees are concerned about not being paid for periods of absence.

Unvaccinated staff

Earlier in the pandemic unvaccinated staff were more likely to have to self-isolate than fully vaccinated ones. This  led  some employers to previously reconsider their policy on full company sick pay for self-isolation. For example, some employers previously amended their policies to provide SSP only to unvaccinated workers who must self-isolate, unless they had mitigating circumstances, and to pay company sick pay to vaccinated staff. There are many options which employers have adopted including:

  • Fully vaccinated staff receiving company sick pay
  • Unvaccinated staff receiving full company sick pay owing to mitigating circumstances (for example pregnancy or other medical grounds)
  • Vaccinated and unvaccinated workers who test positive being paid full company sick pay
  • Unvaccinated staff without mitigating circumstances identified as close contacts of a positive case being paid only SSP.

While you’re no longer legally required to self-isolate if you have COVID-19, you should try to stay at home and away from others to avoid passing on the virus. The consequences of changing sick pay terms are complex and given the potential legal problems employers may decide not to differentiate between employees. Retaining full company sick pay comes at a cost but does ensure employees comply with any obligation to self-isolate thereby avoiding the risk of infecting others in the workplace. Denying company sick pay may encourage staff to get vaccinated, but on the other hand staff may avoid testing or self-isolation because of anxiety about time off work on reduced pay.

Employers who decide to treat unvaccinated staff differently should consider both the general risks of discrimination claims and should accommodate case by case exemptions based on individual circumstances and medical conditions.

Workplace Culture 

As well as putting in place practical support and adjustments for employees with long Covid, it is important employers strive to create psychologically safe workplaces where people feel comfortable opening up about their physical and mental health.

COVID-19 Response: Living with COVID-19 – GOV.UK (www.gov.uk)

Communicating with your people

Whatever policies you adopt for your business, you should make sure that they are effectively communicated to staff. Many disputes and issues that have arisen during the pandemic have been because businesses were unsure of how to react or had not told staff what their approach would be. It’s always worth stating your general approach in some form of written communication, as well as regular virtual or face-to-face briefings.

Health & Safety 

It’s crucial to work in close collaboration with your health and safety and occupational health service providers/teams wherever possible. Regularly communicate to staff the practical measures you are taking to help reassure them that their health, wellbeing and safety is your top priority. Make sure staff and visitors are clear about the rules and procedures they should follow both in the workplace and at home, especially if they begin to feel unwell.

Protection & Hygiene 

To maintain protection and hygiene measures and minimise the spread of infection, remind staff about regular and effective handwashing, and provide hand sanitisers. You should review your cleaning arrangements, for example, ensuring all phones/keyboards and so on are wiped daily with anti-viral cleaner. You can refer to the government guidance for more information.

PPE 

Depending on your working environment, you may need to consider providing additional PPE, including masks or anti-viral hand gel. If you want people to wear gloves or face coverings, then you will also need to think about reminding staff on their correct usage – since these can be ineffective if used inappropriately.

Protected Characteristics 

Employers should take extra care of those with protected characteristics. For example, discuss with disabled workers any reasonable adjustments that can be made to the workplace or working arrangements so they can work safely.

Company Policies 

Employers need to think about their own organisational policies around whether some or all staff are required to be vaccinated and/or tested as part of their job. Employers should continue to monitor the latest government guidance and be prepared to act upon any changes. From 1 April onwards free lateral flow testing will be charged for and sold through private market retailers and pharmacies. Free tests will be available for a small number of at-risk groups likely to include those aged over 80 and social care staff.

Sector Specific Guidance 

Sector-specific workplace guidance for various sectors of the economy (as referred to above) must be followed. The Health and Safety Executive has also published advice and guidance relating to COVID-19 which may be useful when considering health and safety measures.

Long Covid & Disability ?

It is very common for individuals with long covid symptoms to suffer  both mentally and physically.  Involve an Occuapational Health Advisor where required, who can recommend reasonable adjustments to support your people. Staff with long covid should be treated as having a disability.  The Equality and Human Rights Commission’s head of employment policy, Rebecca Thomas, said all organisations should presume that an individual’s long Covid symptoms meet the threshold required to be classified as a disability in order to avoid falling foul of equality law.  Although some campaign groups and bodies including the TUC are pressing the government to recognise long Covid as a disability worthy of protection under the Equality Act 2010, Thomas indicated that the condition has not been around for long enough to fully determine whether it can be classified as a long-term impairment.  She added that there was a reluctance from government to specify long Covid as a disability because it is a “fluctuating” condition, where symptoms can come and go.

What can an employer do to support individuals with long covid ?

  • Occupational Health Assessment – Seek professional, medical advice from occupational health
  • GP – Or write to the employee’s GP for further information about their condition
  • Employee Assistance Programme (EAP) – Implement an EAP to support your people.

Symptoms of long COVID

There are lots of symptoms you can have after a COVID-19 infection.

Common long COVID symptoms include:

  • extreme tiredness (fatigue)
  • shortness of breath
  • chest pain or tightness
  • problems with memory and concentration (“brain fog”)
  • difficulty sleeping (insomnia)
  • heart palpitations
  • dizziness
  • pins and needles
  • joint pain
  • depression and anxiety
  • tinnitus, earaches
  • feeling sick, diarrhoea, stomach aches, loss of appetite
  • a high temperature, cough, headaches, sore throat, changes to sense of smell or taste
  • rashes

Non-urgent advice:

Long-term effects of coronavirus (long COVID) – NHS (www.nhs.uk)

Latest content

From 24 March the special COVID-19 sick pay provisions are removed and rules revert to pre-pandemic rules. People with COVID-19 will still be eligible for SSP subject to the normal provisions, but the day-one eligibility for sick pay for those who test positive will no longer apply. This means that those who are unwell with COVID-19 will only be paid SSP from the fourth day of their absence. More information is available in the self-isolation FAQs.

24 March is also the last day employers will be able to make claims through the Statutory Sick Pay Rebate Scheme.

Please do get in touch for further advice and guidance and/or discuss your Company policies and procedures. 

 

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NLW & NMW Rates 2022

The NLW and NMW rates from 1 April 2022 are:

Rate from April 2022 Current rate (April 2021 to March 2022) Increase
National Living Wage £9.50 £8.91 6.6%
21-22 Year Old Rate £9.18 £8.36 9.8%
18-20 Year Old Rate £6.83 £6.56 4.1%
16-17 Year Old Rate £4.81 £4.62 4.1%
Apprentice Rate £4.81 £4.30 11.9%
Accommodation Offset £8.70 £8.36 4.1%

 

Right to Work (RTW) Checks – Advice & Guidance

The Home Office updated its Coronavirus (COVID-19): right to work check guidance on 22 February 2022 – extending the end date for the temporary adjusted right to work checks from 5 April 2022 to 30 September 2022 (inclusive).

What are the adjusted measures?

The adjusted measures that were originally published on 30 March 2020 and will now be in place until 30 September 2022 (inclusive) include:

Job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals

Checks can be carried out over video calls with the employee holding up the original document to the camera, which is then checked against the digital copy. The digital copy should then be annotated ‘adjusted check undertaken on [insert date] due to COVID-19’

Employers should use the Home Office employer checking service if a prospective or existing employee cannot provide any of the accepted right to work documents

Employers should be aware it remains an offence to knowingly employ someone who does not have the right to work in the UK.

Discrimination

You should not discriminate when conducting right to work checks. You should conduct  right to work checks on all potential employees, including British citizens.

Do not simply check the status of those who appear to be migrants, otherwise you could be breaking the law

Why have the adjusted measures been extended?

At the end of 2021, the government announced its intention to enable employers and landlords to use certified Identification Document Validation Technology (IDVT) service providers to carry out checks on their behalf, including for British and Irish citizens, from 6 April 2022.

Positive feedback has been received since this announcement and it is hoped deferring the adjusted measures end date will ensure employers have sufficient time to develop commercial relationships with identity providers.

What will be the benefit of the IDVT scheme?

Employers are encouraged to embrace the future digitalisation of right to work checks and plan the necessary changes to their current pre-employment on-boarding processes to ensure a smooth transition from existing practices.

IDVT service providers will need to be certified against robust rules and it is expected further information on the IDVT scheme and the list of certified providers will be published very soon.

What steps should I take now?

The Home Office believes the introduction of the IDVT scheme will mean employers can guarantee prospective employee’s identities, using consistent and more secure methods, which will, in turn, reduce the risk of them employing illegal workers and allowing recruitment to continue in a safer way.

Working Safely through Covid-19 – Updated Advice & Guidance

Businesses and other organisations

Businesses and other organisations – Covid Update

Employers and businesses have taken significant steps over the pandemic to mitigate the risks of COVID-19 within their settings. The Government has lifted the majority of legal requirements on businesses, and continues to provide ‘Working Safely’ guidance setting out the steps that employers can take to reduce risk in their workplaces.

From 24 February, workers will not be legally obliged to tell their employers when they are required to self-isolate. Employers and workers should follow Government guidance for those with COVID-19 which will be to still stay at home if you are unwell and to take a test

From 1 April, the Government will remove the health and safety requirement for every employer to explicitly consider COVID-19 in their risk assessments. The intention is to empower businesses to take responsibility for implementing mitigations that are appropriate for their circumstances. Employers that specifically work with COVID-19, such as laboratories, must continue to undertake a risk assessment that considers COVID-19.

From 1 April, the Government will replace the existing set of ‘Working Safely’ guidance with new public health guidance. Employers should continue to consider the needs of employees at greater risk from COVID-19, including those whose immune system means they are at higher risk of serious illness from COVID-19. The Government will consult with employers and businesses to ensure guidance continues to support them to manage the risk of COVID-19 in workplaces.

Employers should ensure that areas of the workplace that are poorly ventilated have airflow improved – research done shows good ventilation can reduce transmission of viruses by up to 70%.

FROM 1ST APRIL 2022

  • The Government will announce guidance that sets out the ongoing steps anyone with Covid-19 should take to minimise contact with others
  • The Government will no longer provide free LFT for the public in England
  • Tests will still be available to anyone who wishes to buy them privately through local chemists
  • Some free testing will still be applicable to social care employees and certain at-risk people, more details will follow closer to the time
  • The current requirement for some venues to require the Covid NHS pass will end
  • The H&S requirement for employers to have Covid-19 in their risk assessment will be removed
  • The existing ‘Working Safely Guidance’ will be replaced with new public health guidance

More guidance will be published in April for employers, on how to deal with employees who are at high risk of serious illness from Covid-19, even if they are vaccinated

Coronavirus: how to stay safe and help prevent the spread – GOV.UK (www.gov.uk)Working safely during coronavirus (COVID-19) – Guidance – GOV.UK (www.gov.uk)

 

MHFA (Mental Health First Aid)

I am so super proud today to announce that I am now a qualified MHFA (Mental Health First Aider), 1 of 100 that The Jordan Legacy CIC and Steve Phillip will achieve as part of their 2021 / 22 Campaign

 

A Huge Thank you to Tara Powell Our Fabulous Facilitator; and the Super Supportive Great Team of like minded, genuine and caring humans, thank you to those who also bravely shared their own ‘lived’ stories, there were some truly emotional moments
It is difficult to ‘sum’ up the MHFA Training, as those that know me well, know ‘i am not really a girl with few words’…….
Therefore here are some words instead; early intervention, suicide, recovery, listen, communication, warning signs, support, signpost, seeds of hope, positive change, structure, zero suicide, advocate, language, remove assumptions, non-judgemental, safeguard, triggers, self-care, WRAP, wellbeing strategies, duty of care, social responsibility, positive mental health, emotional intelligence (EI), ALGEE, myths and facts, statistics… the list could go on and on…..
Let us all remember Our own social responsibility; to help break down the negative stigma surrounding mental ill health and encourage more and more people to open up, let’s push and drive this positive change forward, whether in the workplace, in your personal life or with a stranger.

Remember it could be ‘You’ who makes that positive difference and plants those ‘seeds of hope’

Dee Newton – HR Business Partner – Craven HR Services 

 

Mental Health First Aid (MHFA) is a training course which teaches people how to identify, understand and help someone who may be experiencing a mental health issue.

MHFA won’t teach you to be a therapist, but it will teach you to listen, reassure and respond, even in a crisis – and even potentially stop a crisis from happening.
You’ll learn to recognise warning signs of mental ill health, and develop the skills and confidence to approach and support someone while keeping yourself safe.
You’ll also learn how to empower someone to access the support they might need for recovery or successful management of symptoms. This could include self-help books or websites, accessing therapy services through their GP, their school or place of work, online self-referral, support groups, and more.
What’s more, you’ll gain an understanding of how to support positive wellbeing and tackle stigma in the world around you. This online course qualifies you as a Mental Health First Aider, giving you:
  • An in-depth understanding of mental health and the factors that can affect wellbeing 
  • Practical skills to spot the triggers and signs of mental health issues
  • Confidence to step in, reassure and support a person in distress
  • Enhanced interpersonal skills such as non-judgemental listening
  • Knowledge to help someone recover their health by guiding them to further support – whether that’s self-help resources, through their employer, the NHS, or a mix
  • Certification to say you are a Mental Health First Aider
  • A manual to refer to whenever you need it
  • A quick reference card for the Mental Health First Aid action plan
  • A workbook including a helpful toolkit to support your own mental health

Interested in becoming or sponsoring a MHFA?  https://thejordanlegacy.com/how-you-can-sponsor-or…/

2022 Employment Law Changes

1. 2022 Employment Law Changes: Rate Changes

The 2022 employment law changes will include the usual set of rate changes and these will take effect in April 2022. They include the following:-

The National Minimum Wage and National Living Wage

Statutory Maternity Pay, Statutory Paternity Pay, Shared Parental Pay, Adoption Pay, Maternity Allowance, and Statutory Parental Bereavement Pay

NI contributions 1.25% increase from April 2022. (Coming soon in 2023 it will be separate tax on earned income and should be detailed on a payslip as Health & Social Care Levy).

Statutory Sick Pay

The statutory cap on a week’s pay for the purposes of calculating the basic award and statutory redundancy pay

2. Gender Pay Gap Reporting

Since 2017 employers who have a headcount of 250 or more must comply with regulations on gender pay gap reporting. The deadline for gender pay gap reporting by public sector employers, private sector employers, and voluntary organisations in 2021 was put back until midnight on the 4th October 2021. However, in terms of 2022, the deadlines are anticipated to revert back to the normal timescales. Accordingly, the deadline for public sector employers to report their data is likely to be the 30th March 2022. And for private sector employers and voluntary organisations, the deadline is likely to be the 4th April 2022.

3. Employment Bill

A much anticipated part of the 2022 employment law changes is the Employment Bill, although there is no guarantee that one will appear. If it does, then it is likely to include the following measures:-

  • The establishment of a new single enforcement body for employment rights.
  • The extension of protection against redundancy re pregnancy, maternity, adoption, and shared parental leave, including extending redundancy protection to six months post return to work after the end of maternity leave, with similar protection afforded to those returning to work from adoption leave and shared parental leave
  • Neonatal leave and pay
  • A new right to 1 week’s unpaid leave per year for carers
  • (already reviewed) New legislation to ensure that tips left by customers in restaurants are retained by staff in full, and are not either partially or wholly taken off them by their employers.
  • A new right for workers to request a more stable contract after 26 weeks service
  • (already reviewed) New legislation to enhance flexible working rights
  • An extension of time required to break a period of continuous service from one week to four weeks
  • New legislation making it compulsory for organisations to publish their modern slavery statements on a new government-run registry

Other possible measures which may appear in any Employment Bill as part of the 2022 employment law changes include:-

  • New legislation relating to post-termination non-compete clauses, over which the Government is currently consulting on
  • An extension of the ban on exclusivity clauses beyond zero hours contracts, to contracts where the workers’ guaranteed weekly income is less than the Lower Earnings Limit of £120 a week, which the Government is also currently consulting on
  • Compensation for those whose shifts are cancelled at short notice, an entitlement to reasonable notice of allocated shifts, and protections for those who refuse last minute shifts
  • New legislation to protect against “firing and rehiring”

4. Other 2022 employment law changes include the following:-

April 2022 – regulatory reforms for trade unions and employers’ associations will be introduced under which “new enforcement powers and levy mechanism will bring the Certification Officer into line with other regulators like the Pensions Regulator.“