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gpm_admin
14-08-2007, 11:47 AM
gpmanagement.co.uk forum Community Bulletin

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Dear $username,


How robust are your H&S and Employment law compliance policies?

Both of these I think are important subjects for any GP practice because both are now required under various Codes of Practice and hence both are becoming subject to increased scrutiny from a variety of sources.

Gpmanagement.co.uk has teamed up with Judicium to address these issues. Below are a few questions that are designed to identify gaps in the compliance issues that relate to Employment law.
Remember that as a GPM member you already qualify for a discount, and if you are part of a consortium that accesses the services further bulk discounts are negotiable.

If you cannot answer every answer fully, it means you have gaps in your compliance. You should examine these carefully before a problem arises and the practice is exposed.

(Alex from Judicium has also been surprised at how many of us haven't even updated our fire risk assessments yet - and if you read the post below, you'll see one care-home has been fined £200,000 following a fire that resulted from insufficient risk assessments:
http://www.gpmanagement.co.uk/showthread.php?t=3699 )



If any Consortiums want to chat with Alex please feel free to send him a private message through the site or contact him on alex@judicium.com, 0207
336 8403.


1. Contracts of Employment
a) Does your practice issue contracts of employment to all employees ?

b) Are your employment contracts and policies up to date as regards the latest legislative requirements including salary, deductions and review, holidays, disciplinary / grievance procedures, notice period, confidentiality , discrimination / sexual harassment, sick pay / leave, maternity / paternity pay / leave, pension or other related benefits, commission or bonus schemes, overtime / flexitime, Health and Safety , misconduct?

c) Specific Issues to Consider – Salary (when to be reviewed, increases), Job Description (can the employer change it), Bonus (discretionary, when payable), Benefits (Pension Plan), Sick Leave (can it be accumulated)?


2. Disciplinary Procedure
a) Does your practice have a disciplinary procedure?
b) Does it follow all the statutory provisions including giving employees an explicit right to be accompanied at a disciplinary hearing ?

3. Grievance Procedure
a) Does your practice have a grievance procedure?
b) Does it follow all the statutory provisions including giving employees an explicit right to be accompanied at a grievance hearing ?


4. Equal Opportunities Policy
a) Does your practice have an equal opportunities policy?
b) Does this ensure that legal requirements regarding unfair treatment and equity at work are properly applies and that terms and recommendations of Associated Codes of Practice are in fact implemented?

5. Anti-Harassment Policy
a) Does your practice have an anti-harassment policy?
b) Does this make explicit those behaviours that are not tolerated in the workplace and include guidance on how to deal with and report harassment and bullying in the workplace?

6. Maternity Policy
a) Does your practice have a maternity policy?
b) Does this ensure that employees are aware of the benefits and entitlements available to pregnant employees, and that your practice complies with necessary legal requirements?

8. Computer Use Policy
a) Does your practice have a computer use policy?
b) Does it outline procedures to be followed when using email, accessing the internet, when viruses are detected and using IT for personal purposes?


9. Flexible Working Policy
a) Does your practice have a flexible working policy?
b) Does it provide employees with guidance on making requests for more flexible work arrangements, in line with necessary legal requirements?

10. Paternity Policy
a) Does your practice have a paternity policy?
b) Does it ensure that employees are aware of the benefits and entitlements available to them when they are expecting a new-born baby or child to adopt.


11. Working Time Policy
a) Does your practice have a Working Time policy?
b) Does it include an Opt out agreement?

12. Retirement Policy
a) Does your practice have a retirement policy?
b) Does it outline procedures and steps necessary in line with current legislative requirements?

Employment Rights Act 1996, Employment Act 2002.
Do your contracts also include the additional rights specifically given to nurses employed within general practice under the Employment Relations Act 1999?
QOF Practice Management Indicator 10.2 requires that all employment policies stipulate a date when they were last legally reviewed, in order to ascertain whether they indeed remain compliant with latest legislative requirements.
Reg 6(4)e Primary Medical Services (Directed Enhanced Services) (England) Directions 2006.
Health and Safety at Work Act 1974 and Blackstone’s Statutes on Employment Law.
Employment Act 2002 (Dispute Resolution) Regulations.
Employment Relations Act 1999.
Employment Act 2002 (Dispute Resolution) Regulations.
Employment Relations Act 1999.
Maternity and Parental Leave (Amendments) Regulations 2002.
Human Rights Act. Regulation of Investigatory Powers (RIP) Act 2000.
Employment Act 2002 and the Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006.
Paternity Leave and Adoption Leave and Pay Regulations 2002.
Working Time Regulations.
Age Discrimination Regulations.



Regards
Gary
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Today's Date: 14-08-2007

Activity since: 05-08-2007
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View all new content here: http://www.gpmanagement.co.uk

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