Do you employ night workers? If so, you should be aware of rules which state they must be offered a free health assessment. We look at what you need to do.
In the news, a new ruling by the European Court of Justice affects data exchange between Europe and the US. And there’s a worrying new scam where criminals have found a way to bypass the security of chip and pin machines.
Top news stories
EU ruling hits thousands of small companies using cloud servers based in America
Last week the European Court of Justice ruled that firms need to carry out their own audits on how data is kept secure. Meeting the new rules will require companies to find out where their cloud provider stores data.
Small businesses asked to stay alert as fraudsters bypass chip and pin security
A jewellers in Cheshire fell victim to the rare scam where a payment was approved even though criminals failed security checks.
More jobs pay less than the living wage
Twenty-three per cent of jobs outside London paid less than the living wage in 2014, up from 19% in 2013.
Small Business Saturday bus tour to launch next month
Starting on 1 November, the bus will travel from John O’Groats to Land’s End, offering advice and support to Britain's small companies.
FSB welcomes EU trade focus on small business
The Federation of Small Businesses has welcomed the European Commission's new small business-friendly trade strategy.
Key dates for your diary
25 October: British Summertime Ends - clocks go back 1 hour
31 October: Midnight deadline for paper submission of Self Assessment tax returns for tax year ended 5 April 2015.
Health assessments for night workers
Did you know that all night workers are entitled to a health assessment? This is mandatory as part of Working Time Regulations and as an employer, you need to know if any of your workers qualify and how to manage this.
Who counts as a night worker?
There are a number of factors that affect this. Usually, employees who work at least 3 hours during the night count as night workers. The night period is normally 11pm to 6am, unless you and the worker agree a different period. In that case, it must be a 7 hour period and include the time between midnight and 5am.
Alternatively, employees may also be night workers if there is a collective agreement, such as a trade union agreement, that states that they are.
What do the regulations say about health assessments?
The Working Time Regulations 1999 includes special protection for night workers. This includes the requirement that employers offer free and confidential health assessment to these workers at certain times:
- Before they start work
- On a regular basis (e.g. annually)
- As appropriate to the individual
The employee doesn’t have to agree to the health assessment. But if the worker agrees, it can help to identify any health concerns that may be made worse by night work so you and the employee can take appropriate action.
Who should carry out the health assessment?
The assessment must be written by a qualified health professional. Most companies use a questionnaire to get the right information, others might have a face-to-face meeting.
What happens after the assessment?
Many health professionals will offer advice alongside the assessment to help you and your employee know what steps to take to minimise the impact of any health risks.
If, as a result of the assessment, you’re unsure if the worker is fit for night work, you must provide a follow-up examination by a health professional. If it becomes clear that your employee has a health problem that is related to night work, you must offer suitable day work, where possible.
As an employer, you must also keep confidential records of the health assessments, which must be retained for two years. For employees who declined an assessment, you must also keep a record of when it was offered.