Newsletter

Going further with your pension responsibilities

For years, auto-enrolment has ensured SME employers provide a pension scheme for almost all staff. It was introduced to drive up retirement saving rates, and it is working. It is thought 90% of workers have a pension today, compared to between 30-40% in 2012, when its roll-out began.

Given that it’s compulsory, and enforced with penalties including fines and prosecution, you are probably already complying with auto-enrolment as a minimum, and some employers will be going further.

But once you have the scheme set up, the employees registered and the contributions going in, is there anything else you could be doing?

There’s a huge financial literacy gap in our country. Nothing to speak of is currently taught in schools; and in a vicious cycle, many parents are not equipped to teach their children either. It is NOT something that you MUST do as an employer, but with this gap needing to be filled for the good of everyone, you may just find it brings some benefits to your workplace, such as:

• Less stress amongst staff (financial worry is a leading contributor)
• Better appreciation of the pension contributions you make
• A more mature outlook
• More ambition fuelled by a desire to create personal wealth

A report from one retirement provider last year found that 58% of adults had a low confidence in their knowledge of pensions, and about two-thirds said they knew little or nothing about workplace pensions. But, in a testament to the impact of auto-enrolment, almost four in every five employees said they were used to regularly saving into a workplace pension.

It also found that older, wealthier, males were demographically the most likely to say they knew about pensions.

So, what could you do as an employer? Some business owners may have the knowledge and relationship with their team to softly impart knowledge and answer questions. But in many cases it may be best left to professionals.

The good news is that many pension advisers will be happy to drop in and give talks, workshops or one-to-one advice as part of their service if they have set up or administered your auto-enrolment pension.

They can explain why it is important to start early (compound interest), the tax benefits and the investment styles. You could pitch them as lunch and learns to your staff so they don’t eat into the day if needs be, or have annual reviews.

Why not talk to your current adviser, or if you would like a review of your auto-enrolment plan to check it is working best for you, get in touch.

Do your employees have time to “slow think”?

Being seen as decisive is generally regarded as a virtue in business. This often takes the form of making a quick decision, perhaps under pressure.

However, in a highly regarded study, one which won a Nobel Prize, the difference between fast thinking and slow thinking was explored.

Fast thinking is important, sometimes necessary and it could be a life-saver. However, it is characterised by an automatic response based on past experience of what has worked. This means it can be prone to bias, lack creativity and neglect novel approaches. It can also contribute to individual burn-out.

Slow thinking, by contrast, allows more evaluation. It permits the thinker to explore beyond the boundaries of their experience. By drawing on a full range of knowledge, better decisions may be made, more innovation can take place and there is less room for bias.

The problem with slow thinking, though, is that it takes time. Real quality time. The workplace has long championed people being busy, and seen to be busy – in meetings, sending emails, writing. This need to be busy kills the opportunity for slow thinking.

Why not mull over how you could introduce more time for slow thinking in your business? Schedule time for walks in which you and staff members can clear your heads. Identify when big decisions will need to be made well in advance, so that proper consideration can be given. Get rid of the expectation that people always need to be doing “something”.

This definitely needs to come from the top. So if it appeals, lead by example and see what difference it makes.

Is it ever okay to shout in the workplace?

A survey of about 1,000 UK employees exploring workplace bullying found that 57% believed shouting in the workplace was not bullying. While a majority, it still leaves a lot of people feeling that it is. It’s fair to say that it splits the room.

To a degree, whether or not it is okay probably comes down to the culture of individual workplaces. But even then, any given employee may take being shouted at badly – sparking confrontation, getting upset and going absent, or perhaps just quitting. Any of these scenarios will keep your HR busy at the very least, and possibly disrupt operations too.

Understanding your individual employees and tailoring your approach to get the best out of them is a form of good personnel management, some may respond to a shout, others to a hug (although that could cause its own problems!). If you would like to change your approach or upskill a new manager, ask us about our locally-run management training workshops.

How to prepare for the upcoming Employment Rights Act

Heavily signposted before the election and initiated almost immediately via the King’s Speech, it is time to get ready for the impact of the Employment Rights Act once it passes through parliament.

We know what the expected changes are, the list is long. They include: a ban on some zero-hour contracts; the strengthening of statutory sick pay; dismissal protections; extra enforcement; additional day one rights; more flexible working facilitation; trade union enhancements and a move to a “genuine” living wage.

It is important now to get familiar with it all before it becomes law so that you are not caught out. To help, we have prepared a post-election impact hub which explains what’s coming in more detail and what you need to do. You can also download our whitepaper. Our expert advisers are here to help if you want to talk.

Tinder leave!

We are strong advocates of a well-designed employee benefits package. There are so many options to choose from and they can prove a highly cost-effective remuneration solution when considered against salary alone; as well as attracting, motivating and retaining staff, and boosting well-being.

One company in Asia has really pushed the envelop though, introducing “Tinder leave”. This features a sponsored subscription to Tinder, plus a day’s paid leave per year to go on a date (or do something else fun)!

Could this be the missing link in your employee benefits package? We think probably not! But we can review your employee benefits and check you are meeting your objectives and getting value for money. If you want to find out more, swipe right just ask.

Is an anti “anti-depressants” policy legal?

A woman in Scotland lost her dream job before she had even started it, when Police Scotland withdrew their job offer after finding out she was taking anti-depressants.

She had breezed through other selection criteria, being described as impressive. But deep into the recruitment, after being made a provisional offer, the process was ended as she fell foul of a policy stating she must be clear of such medication for two years. Health checks can only be done after a job offer is made, except in very limited circumstances.

On a personal level it is a sad tale, but the decision will now be tested in court. Equality law is applicable from before employment commences to protect those applying for jobs from

School workplace bullying

Bullying is never acceptable, and while for many it is something they just saw or experienced at school, for others it is something they have to suffer at work. In fact, according to a survey by the Workplace Bullying Institute, as many as 30% have experienced bullying in the workplace.

The impact can be devastating for the victim and your wider business. At a personal level, employees may develop anxiety, sleep or eating disorders and other health problems. This could lead to absence or them just leaving.

Left unchecked, bullying can create a toxic culture involving cliques, absenteeism and increasingly unprofessional behaviour leading to drops in productivity. You may even develop a bad reputation in the recruitment market, making it hard for you to fill roles in the future. It is something you or your managers need to address, and fast.

The first job is spotting it, that is if the victim is not confident enough to raise the issue themselves. Workplace bullying can involve a wide range of behaviours that go far beyond the old stereotypes. From the very obvious berating or belittling someone in front of colleagues, to more insidious spreading rumours or gaslighting, and everything in between.

To give a more general definition it could be described as persistent unwanted behaviour directed towards one or more people, including verbal, physical, emotional and psychological actions.

Every employer should already have a bullying and harassment policy and a discipline and grievance policy (if you haven’t, talk to us). These will give you a framework to respond, including investigation and, if necessary, a disciplinary hearing and its outcomes. If it is possible, it is often worth trying to resolve informally first, setting boundaries, explaining that the next step will be the discipline and grievance procedure.

This is more likely if you spot it early and are nipping it in the bud, but sometimes it will be too serious for this and you will have to proceed with the formal route.

Even before any bullying occurs, there are things you can do to be proactive. If you have not done so already, why not attend a workshop on managing conflict? You can ask us about eLearning and in-person courses that we put on. Spending time developing a positive workplace culture is a great defence against bullying too: encouraging teamwork and collaboration, and having support mechanisms in place.

See them in court

“It could be you”… or them. Much like the National Lottery there is a random process performed to select jurors. And if a name is drawn out of the hat, that person has to perform their civic duty and attend court as juror.

Thankfully, on average, this is only for ten days. But it could be shorter, or much, much longer.

The longest trial in British history was for fraud and lasted nearly two years. Some of the jurors needed counselling afterwards!

As an employer your options are limited if a staff member is selected. If there is a really compelling reason, you may be able to defer it within a 12-month period (through an application made by your employee); but in most cases you will just have to accept the disruption and let them go.

You can either pay them as normal, or help them claim a loss of earnings allowance (between £32 to £64 per day). Many employers do the latter and then top it up to their normal wage. Keep in mind, too, that they are protected from redundancy for jury-service-related reasons.

If your employee works a nine to five they must be given the time off while they are on Jury service; and even if they work night shifts they should not be made to work before a day in court. For an SME, jury service can be a disruptive time with uncertainty over its full impact on the business. If you have any questions about managing jury service properly, please do not hesitate to get in touch.

Keeping in touch with sick employees

Earlier this year, an employer was found guilty of harassment at a tribunal for sending a sick employee a birthday card. On the face of it that may sound shocking; but there was a complex background, involving a wide-ranging grievance, serious illness, specific requests not to be contacted and to be removed from a birthday card list. The birthday card was one of 11 instances of contact in just three weeks.

There is no law stating you cannot contact employees on sick leave, and sometimes there will be a common-sense reason to do so, or it may be welcomed. However, treat each case on its own merits and in instances of longer sickness absences, setting some parameters is advised. If you agree how often contact should be made, in what form (e.g. telephone, email, face-to-face etc.) and with whom, you should be well on the path to retaining a positive working relationship.

You’re having a laugh

Most employers, we are sure, would like to foster a happy workplace; one where all the work gets done but people have a good time along the way. Well, in one region of Japan it has just been made the law!

A regional government has passed a law ordering everyone to laugh at least once a day and for employers to create workplaces filled with laughter.

We’re not joking! It is inspired by university research over there which has found that people who laugh regularly are less likely to suffer heart disease.

This is not on the horizon here, but how can you strike the right balance so that you benefit from a happy workplace? There are so many ways to do this, and many are relatively simple: from taking the time to show gratitude to sharing a common vision for your company that staff can align with. Going a bit further you could introduce team-building activities and social events, and develop a sense of purpose amongst your team, perhaps tied in with corporate social responsibility.

If there is not enough laughter in your workplace, why not give us a call and we can help you come up with a tailored plan?

Interview questions – What NOT to ask

If job interviews are traditionally seen as a nerve-wracking experience for candidates, they are not always a walk in the park for employers either. Not only do you have to take time out of your day for the interview itself, but careful planning is required to find the right candidate, and ensure you don’t slip up yourself.

You could inadvertently paint your company in a bad light, put a good candidate off by being late or not able to answer a question, or worse say something which breeches equality law. One such case was reported recently when a job offer was withdrawn after the question “How old are your children?” was asked during interview. It led to a sizeable claim being made and won in a tribunal. Many people don’t realise that equality law applies from the moment a job advert is placed.

If you are new to recruiting or would just like a professional review of your process and interview questions, we can help. Please get in touch with your local HR Dept office.

Six-day working week!

Not a fan of the concept of a four-day working week? How about going Greek? Their government has just introduced a six-day working week.

With a declining population and low economic growth (hangovers from the 2008 financial crisis), the Prime Minister wants to kickstart the economy, but the drive has not been well-received by workers.

Ironically, it is argued it will benefit them, ensuring they get remunerated for work they were already doing as unpaid overtime. They get to choose an additional two-hours a day or work an extra eight-hour day – with a 40% wage uplift. With four-day weeks being trialled elsewhere, it will be interesting to see which approach leads to greater productivity.

Navigating the school holidays

The school holidays: a six week break for children; but six weeks of added stress to many working parents! And what about employers? Business must go on!

Navigating the school summer holidays will generally call for a bit of pragmatism all round.

Annual leave should address some of this period. In most cases, due to strict school rules, families are limited to going on holiday when school is shut down, so many may seek to take one or two weeks’ leave for some time away from home anyway.

Such holidays will normally be planned well in advance, and whether your holiday request policy is first come, first served or something else, make sure everyone is well acquainted with the rules so that no one is left disappointed.

Working from home should not be considered as an opportunity to childmind, so be wary of this – when they are on the clock for you, work should be their sole occupation. However, agreeing to some flexible working arrangements may be a way forward for some. This could be adjusted hours to dovetail with a partner’s working pattern, or to tie in with dropping kids off at a childcare provider for instance. Temporarily shortened weeks may be an option, too.

You and your employees can keep emergency dependants leave in mind, which cannot be used in a pre-planned fashion, but if there is something that comes up at short notice – a reasonable amount of time to deal with such a situation must be granted. Unpaid carer’s leave and unpaid parental leave may also be options and should be planned in advance.

When accommodating the needs of the parents, don’t forget to balance the needs of your business. Think how workflows can be adjusted prior to the school holidays to ensure everything goes smoothly. Can certain projects be postponed over the summer? Could you draft in reinforcements, such as someone who has recently retired but who would appreciate some temporary work and is up to speed, or running a summer internship scheme for example?

Whatever the approach, make sure you work closely with your affected staff – offer insufficient support and you may lose productivity due to them worrying about their children or financial concerns, be over-accommodating and it may be you who is stressed out because your business cannot function sufficiently. If you need help finding a solution, please get in touch.

Is your working from home policy up to scratch?

A US bank has fired more than 12 employees for simulating work by deploying a mouse mover – a gadget that makes it appear someone is active at a computer when in fact they are absent and doing something else.

The whole episode suggests a breakdown in trust where the employer feels the need to perform surveillance on their team whilst staff feel it is okay to act with such deception.

Working from home, whilst a necessity for many businesses during the pandemic, has persisted ever since. It has offered a welcome flexibility for some businesses and workers, whilst presenting serious productivity and cultural issues for many organisations, too.

We advise that you should only permit working from home if it works for your business. If you do offer it, you should do so fairly (although if some roles lend themselves to it and others don’t, then there is no escaping that reality). It should definitely be underpinned by a robust working from home policy, which sets out expectations and consequences where the practice is abused. Talk to us if you need a review.

Hiring ex-cons

Good for them. Good for society. Good for you?

Earlier in the year, the Ministry of Justice promoted a campaign encouraging companies to hire ex-offenders. Professional services giant KPMG is on board and extolling its virtues. In a surprise appointment, the new Labour government has installed James Timpson as prisons minister. As boss of the Timpson Group he has a reputation for hiring ex-prisoners and has said publicly that only a third of people in prison should be there.

While, in many cases, a criminal record will legitimately be a red flag during the recruitment process; the opportunity for redemption is one of the principles of our society. It is rare that we lock people up and throw away the key.

An associated survey of 5,000 people found 59% of respondents felt companies who hired ex-offenders were making a positive contribution to society. This is no surprise when seen in the context that re-offending costs the UK economy £18 billion per year, and that full-time employment significantly reduces the re-offending rate. If you are worried about the effect that it would have on your workforce, 79% of respondents said they would be comfortable working alongside someone recently released from prison.

Of course, the nature of the crime, and sometimes the industry you work in will have a bearing on your decision making. As is normal in any hiring process, vigorous vetting is essential to ensure you are getting the best person for the job. It might not work out, but that could happen with any hire. In a jobs market where it has proven hard to fill vacancies in recent years, this could be an interesting way to broaden your talent pool.

If you’d like professional advice on the pros and cons for your business, talk to us.

Managing office relationships

The former CEO of BP is the latest in a long line of senior executives at large corporates dismissed for inappropriate office relationships – it was reported he missed out on £32 million of remuneration having been found to have misled the board.

Office relationships are fraught with difficulty for employers. Most serious is when one party feels coerced by another, with the widespread damage this can cause and the potential for an expensive employment tribunal. But other serious problems include conflicts of interest, crossing boundaries between work and private life, loss of productivity and a toxic culture developing.

The paradox is that, even in an age of dating apps, many people meet a future spouse in the workplace – a recent Forbes Advisor survey found that 43% of respondents had married someone they met at work. Indeed, a committed worker may not have much other opportunity to find love. Banning office romances outright is often perceived as too blunt a response: nature finds a way.

But that does not stop you from having a policy which can help manage office relationships. Key things to address are when relationships should be disclosed, retaining professionalism, and banning relationships where there is an imbalance of power or conflict of interest.

Lifelong learning

A recent survey found that less than half of over 55s had received any management or leadership training workplace training in their current role, comparing unfavourably to the 23-38 age bracket, where two-thirds had done so.

More than 30% of the UK workforce is over 50, representing a huge resource for employers. Are you ensuring you get the most out of these experienced workers? With new technologies transforming the world of work, it is important that you keep good staff competent with the latest technologies such as AI, to aid retention and productivity.

If you would like to offer more training, why not check out our eLearning platform, which has a range of accessible, professional and cost-effective courses to upskill any employee.

Costly clichés

An employment tribunal recently fired a warning shot over the use of clichéd language relating to protected characteristics. The specific claim, which wasn’t upheld as there was no evidence to support it, related to the use of the phrase “back in your day” spoken by a younger worker to a much older colleague.

The judge said this could have amounted to unwanted conduct describing it as a “barbed and unwelcome” term. There are nine protected characteristics under The Equality Act, and while comments about sex or race may stand out more as inappropriate, be careful that your workplace culture does not leave space for such language relating to other characteristics which are protected.

What will happen to the employment law changes which were already in progress?

As you’ll know, years into a Conservative government, there was a steady stream of employment legislation that has come to pass, or was in progress – from new right to work rules to shared parental leave.

For any legislation that was not over the line when the election was called on 22^nd May, the future is uncertain; although there is more chance for some new laws than others.

What is the wash up? The wash up is a term for any active business that the government and other parties agree to prioritise before parliament shuts down for the election process. It doesn’t guarantee that the legislation will proceed, but it gives it a better chance and shows a broad political consensus.

Included in the wash up were:

• The Employment (Allocation of Tips) Act 2023 – subject to a code of practice being approved this should still come into force on 1 October 2024.
• The Paternity Leave (Bereavement) Act – which is expected to allow fathers of newborns whose partner dies enhanced paternity leave rights. The detail, including a start date is unknown.
• The Statutory Code on Fire and Rehire – This code was written to provide pragmatic guidance on avoiding conflict relating to fire and rehire, or managing and resolving it if avoidance was not possible.
• Non-disclosure agreements – These may be banned where the disclosure is related to criminal activity. It is a provision within the Prisoners and Victims Bill.

There were several other employment law related changes which were being worked on but did not make the wash up. This makes their future much less certain – at the mercy of the new government and their priorities.

These concerned neonatal leave and pay; the right to request a more predictable working pattern; limits on the length of post-termination restrictions (i.e. non-compete clauses); and changes to TUPE and European Works Councils.

You may presume that should the Conservatives pull off a shock victory, more of this will go back on to the agenda; whilst if Labour win, they will prioritise their own manifesto content. If you would like help planning for the uncertainty, please ask your local HR Dept office.

What would national service mean for employers in practice?

It was the kind of policy which makes you sit up and take notice – the reintroduction of national service for 18-year-olds.

Compulsory military training and duties are adopted in dozens of countries around the world, and indeed were in Britain too, in the early years of the Cold War. But it is a bit of a culture shock to us in the 2020s. Of course, should the Conservatives lose, it is likely it will never come to pass; but what could it look like?

There is very little detail other than there would be two streams: a year’s solid military service or a weekend a month for 12 months of community service. So at this stage, the best thing to go on may be the model for the Army Reserves.

For the military service, this could see employees take unpaid time off (for which they are paid by the Army), and have the right to return to their job on the same terms and conditions when mobilisation is finished. If their role no longer exists, a reasonable alternative role should be offered. Furthermore, their employment may be protected for a period of time after their return. Fines or compensation awards may be charged to employers should they not comply.

As the starting point is 18 when they would be called upon, some (or many) may not have a job anyway, which would make it a moot point for employers. But if an employee was seconded away from you and it follows the reservists’ model, you may be compensated by the State for a range of costs you incur. If there is a severe impact on your business, you may even be able to apply for a delay or cancellation.

It’s all hypothetical, but perhaps that paints a picture.

Proposed trade union laws – how could they affect your business?

A theme of Conservative employment legislation over the past ten years or so has been degrading the power of the trade unions. Labour promises this will be reversed and some – if they get into power.

Areas that Labour will look at include repealing the Trade Union Act 2016 and the restrictions on industrial action it prescribed; making the process of trade union recognition more simple; introducing sectoral collective bargaining; and creating new rights and procedures for trade unions to conduct their operations.

It sounds wide-ranging and it is. Directly, it could expose you to dealing with trade unions on matters such as pay and your disciplinary process where you have not had this exposure before. Depending on the size and nature of your business it could also impose on you in terms of access that trade unions have and time your employees spend on union activity.

Indirectly, your business could be disrupted by more general strike action: staff struggling to get into work on time because of transportation strikes, more sickness absence because of NHS strikes, and so on.

With all that said though, trade union membership has been on the decline for decades with less than a quarter of the workforce a member of a union. Time will tell if such a shot in the arm for the unions would change this.

The difference between workers and employees

To simplify matters for SMEs and workers alike, we have long campaigned for the abolition of the “worker” status – we even went to Westminster to lobby.

Now Labour has said they will do just that if they come to power. Why is it important?

There are currently three working statuses (although confusingly only two are recognised in tax law – employed and self-employed). In employment law, the third status is “worker” status.

A worker is like an employee-lite. They enjoy some but not all of the rights of employees, so technically there may be a cost benefit to a company of hiring workers. But it is not always fair on the worker and we think the confusion it causes cancels out the benefits. We have seen high-profile case law brought about by Uber drivers and others with worker status who have successfully argued for more rights.

Currently, there are three key tests to be considered an employee and all must be satisfied: delivering a personal service – they must do the work themselves, not be able to sub it out; there must be mutuality of obligation – the employer must give work and the employee cannot turn it down; the employer must exercise a strong degree of control over how the work is carried out.

If someone satisfies some but not all of the tests, they would normally be a worker. If they satisfy none, they would normally be self-employed. A single employee status (alongside genuinely self-employed) will make the employee status significantly smoother, aligned with tax law, and give everyone understanding of the employment rights they have.

What should your business be doing now?

Nothing is set in stone yet, but there are prudent steps you might take to position yourself for change. Acting in certain areas now may help you get ahead of the game.

With Labour’s promises of giving workers more day one rights, such as protection from unfair dismissal and an extended time period for employees to bring tribunal claims, you should consider bringing forward any decisions regarding staff changes – particularly if they affect staff members with less than two years’ service. Doing this now while it is still permitted could save you a lot of grief down the line.

Think also about company reorganisations, management training and the kind of contracts you will bring new recruits in on; given Labour’s views on zero-hour contracts and worker status, and the greater influence that trade unions may have in the future.

Always consult with an HR consultant like us before making any big decisions though, to ensure you do it right by the current rules.

100 days, longer or never…

Before the election it is all eyes on the polls and manifestos. After the election it is time to see if the victorious party can stay true to the promises made.

Labour tells us of a whirlwind of employment law changes starting within the first 100 days of government. History forewarns, though, that for one reason or another, government’s often find it difficult to enact all their promises.

From a hung parliament where political compromise must be made to a jarring reality shock when a party gets a proper look at the books, there are many reasons that manifesto promises don’t come to pass.

Sometimes it is a matter of time. Theresa May only had two and a half years to get busy; David Cameron, in 2015, one year; Liz Truss, well… 49 days. Even after winning a sizeable majority in 2019 Boris Johnson’s plans were derailed by the pandemic months later.

You need to plan, but keep this in mind.

AI in job applications

It is a huge fear for SME owners and managers that they invest lots of time and money into the recruitment process, only to find out down the line that they have made a bad hire.

While this has long been a danger, the rise of AI since 2023 has brought a whole new level of complexity; with candidate use of AI in CVs, covering letters and other parts of the application process. One candidate even got busted for using AI live in a video interview to help them answer the questions!

For employers, the big problem with the use of AI by candidates is that it may misrepresent their skillset. It leads you to think they will be perfect when, in fact, there were stronger candidates available.

Looking at the flipside, AI will undoubtedly empower some excellent candidates who would have missed out through poor written communication – a win for you and them. Used well and honestly, AI can showcase the creativity and problem-solving abilities of candidates.

With its pros and cons, the AI genie is out of the bottle, but that does not mean you can’t be savvy in your recruitment.

At the extreme you could decide to ban or limit the use of AI in applications (this is still only as effective as your enforcement though) – some of the largest professional services firms have done this.

An alternative is to build in some stages to your recruitment where it is hard for AI to have an impact – a face to face interview, well designed questions which require unique answers which AI cannot really help with…

You can also learn to spot the signs of AI use: convoluted sentences; odd, overly descriptive word phrases; and striking similarities in content between different candidates.

QuitTok

Just when you thought social media couldn’t possibly give employers any more headaches, we have a new phenomenon for you: QuitTok.

This is when a disgruntled employee covertly films a disciplinary meeting or performance review conducted by video call and posts it online. Hoping to cause as much reputational damage as possible, some have hit the mark and gone viral.

As well as the direct reputational damage, these acts can cause other problems like a breach of confidentiality, and the sapping of morale. So, how can you lower the chances of this happening to you?

If it is possible to hold such meetings in person, rather than on Zoom, this is a good first step. With you and ideally an HR representative present, it would take some skill (and gumption) to covertly film. If you have no choice but to hold a meeting virtually, you can ask them not to record it which may be sufficient deterrent for some, but is unlikely to put off a determined trouble maker.

Your policies play an important role too. If you have not got a social media policy in this day and age, you should get one. Among other things, ensure it states that employees must not share business information on social media, including internal discussions and business meetings. Reinforce this in your disciplinary and grievance policy by explicitly stating that posting a recording of a meeting on social media would be classified as gross misconduct.

Staff training may help. Data protection training for all staff will assist employees in understanding confidentiality and the reasons behind it. This may encourage them to stop and think in some instances. And for managers, training on handling difficult conversations and conflict will help them stay in control and show appropriate empathy, diminishing the impact of a recording.

One final point. While it may be hurtful and damaging for such a video to be posted; getting in a mindset where you regard this as a possibility may help you conduct difficult meetings with a greater degree of professionalism and compassion. Some managers who have featured in these exposure posts have actually been praised for the way they have conducted themselves, backfiring on the intentions of the poster.

Cleanliness is next to godliness

Cleanliness has long been held in high regard, but is this still true in the workplace of today?

The benefits of a clean and tidy workplace are plentiful: it creates a good impression when clients or suppliers visit, aids the smooth running of a business and contributes to good health and safety. One study found a controlled increase in the quality of cleaning led to a 12.5% decrease in sickness absence, while another (which looked at 351 office buildings) correlated cleanliness with employee satisfaction.

Unfortunately, many businesses have not got the memo, as new research suggests that a growing number of workplaces are in a poor state of hygiene. This month it was reported that having invested more than £1 billion into Manchester United, Sir Jim Ratcliffe has sent a scathing email to all staff demanding better standards of tidiness, and calling one area a disgrace.

If you take a look around your workplace and feel it is not quite up to scratch, it’s clear that encouraging a cleaner office culture could have a positive impact on productivity and performance.

Being more productive

A detailed report by Xero, the accountancy software provider, revealed that SME productivity has still not fully recovered since it went backwards during the COVID-19 pandemic.

If this is the case in your business, profitability may be impacted which in turn limits your ability to enjoy the fruits of your labour and grow.

There are many strategies you could pursue to drive up productivity, from introducing new technology to reviewing your sales and marketing. HR is certainly an area in which you should give careful thought.

How good is your recruitment and retention? Does your appraisal system drive improvement in your team? Thinking of carrot and stick, do you sufficiently recognise your good performers and not let poor performers drift?

From training to upskill your staff to professional assistance with the difficult task of performance management, we are here to help. So if you have a productivity issue in your business, talk to your local HR Dept office.

Ending the “sick note culture”

Last month, Rishi Sunak announced a flagship policy to end the sick note culture – telling people what they can do, not what they can’t, and moving the issuance of fit notes away from GPs.

Steering clear of the politics of it all, there is much that good HR can do to counter absenteeism in the workplace; starting with having a robust absence management process in place.

This includes requiring absent staff to confirm over the phone (not text or email) themselves that they will not be in, return to work interviews when the absence ends and proper monitoring of sickness absence to detect patterns.

If you have a problem with absenteeism, it may be time to look at your workplace culture. Is there a problem with stress? Are there cliques or have you had incidents of bullying? Any of these could be an underlying cause.

Another government policy is to facilitate flexible working, and there is growing demand for this amongst employees. It may be that it does not work for you, but it is worth exploring just to check. For some employees, it could give them the balance they need to perform their role well, rather than seek out a fit note.

Sacked for opening the wrong doors

If you think it sounds harsh to be sacked for opening the wrong doors, you are not alone. An employment tribunal upheld just such a claim for unfair dismissal; although it should be noted that the doors in question were those on a Tube train!

The train wasn’t moving, but it is still possible that passengers could have fallen out, so it was a serious incident. Both the employee’s parents had recently died, and she cited the stress of this as a contributing factor to the incident.

The judge considered that Transport for London did not carry out a sufficient investigation leading up to the dismissal, but awarded no compensation due to the gravity of the underlying employee mistake. When health and safety protocols are paramount, it is always wise to ensure your staff are in a fit state of mind to perform their duties.

Celebrating success

Running a business, you may put a heap of effort into managing your team, leading them through the highs and lows. But how good a boss are you to yourself?

When it is your own business, it is easy to be completely immersed in it all hours of day (and in extreme cases, night). The harder you work the better your returns is the thinking. Or, “If I don’t get this done the wheels will come off!”

While this can work in the short term, it is not sustainable over a prolonged period of time. Something’s got to give and if you leave it too long it could be your health, relationships or, paradoxically, your passion for your business.

Here is a quick list of good practices for maintaining a healthy work/life balance. How well do you score on each of these?

Creating boundaries – You are at an immediate disadvantage to someone who works 9am-5pm in an office when you run your own business. It’s much harder to switch off, and perhaps you continue working at home. Be strict with downtime and, if you work at home the physical space you operate in.

Time management – It is far from unusual for business owners to be pulled from pillar to post with the amount they have to do. To avoid being a busy fool, work on getting your time management down to a tee. Approaches like the Pomodoro Technique (25 minute focused sprints) and Eisenhower Matrix (prioritising the important tasks) are helpful here.

Delegation – For some, delegation is one of the hardest skills, but it is important to scaling a business. Whether it is a trust issue or something else, building up this skill is fundamental to achieving work/life balance. As a starting point, it is often helpful to delegate in small steps just outside your comfort zone to build up the confidence required.

Taking breaks – Less speed more haste, there is usually wisdom in the old sayings. Whether we are talking 15 minutes to clear your head after a long meeting or staring at a screen, or ensuring you take proper “switched off” holidays – it will help you stay refreshed, think more creatively and avoid burn-out.

Focus on sleep – It is easy to take sleep for granted, but it is essential to operating effectively during the working day and for your overall health. Your cognitive function, emotions and physical health will all be dictated to by the level of sleep you achieve. A regular schedule, relaxing environment, avoidance of stimulants like caffeine and blue light from screens will all help you establish a good sleeping pattern.

Achieving work/life balance

Every April, we see updates to employment law following the passing of legislation over the previous year. April 2024 is a busy one. We have produced a full factsheet which we would encourage you to download here.

In the meantime, here are some of the headline changes to watch out for:

National Minimum Wage – The annual rise to minimum wages kicks in on 1st April. There is a big change this year with the National Living Wage applying for those aged 21 or older (previously it was 23). The new rate increases from £10.42 to £11.44. Minimum wages for younger workers and apprentices rise too.

Carer’s leave – This is a new statutory leave that comes in from 6th April 2024. It gives employees a day one right to take one week of unpaid leave in each 12-month rolling period to look after a dependant such as a child, or anyone else who reasonably relies on them for long-term care.

Flexible working – The right to request flexible working is being extended, and weighted more in the employee’s favour. From 6th April it becomes a day one right as opposed to an entitlement after 26 weeks’ continuous service. It can be requested twice within 12-months instead of once, and your response time as an employer is reduced from three to two months. The employee no longer needs to explain the effect of the change requested, but your permitted reasons for refusing a request have not changed.

Enhanced redundancy protection – The Protection from Redundancy (Pregnancy and Family Leave) Act extends rights already in place for new mothers significantly – again from 6th April. It widens the beneficiaries of protection to include adopting parents and those using shared parental leave, and for mothers applies from the moment an employee informs her employer she is pregnant, to 18 months after the birth.

Download the factsheet for more detail, and if you need bespoke help with any of these employment law changes, please contact us as soon as possible.

Managing redundancies effectively

Managing redundancies will usually be a difficult and complex process – certainly for many who are leaving, but also for some who are staying who may have survivor syndrome, and the people in charge of the process.

In the States, one company got it wrong when a virtual town hall meeting was abruptly cut short when staff started to voice their displeasure… or rather display it via a torrent of emojis.

The incident went viral and the company was criticised for running away from the problem instead of listening to concerns.

There is a statutory process to follow when instigating redundancies and doing it with a human touch will generally help. At The HR Dept, we are experts in helping companies through such challenging times, so if you may need to make redundancies, seek our professional help

Sharing staff data during a mental health emergency

If a member of staff experiences a mental health emergency in the workplace, it is likely to be a highly stressful time for them, colleagues and you. There may be a thousand thoughts racing around your head, including what you need to say to help ease the situation.

Of course, some of the pertinent information may be personal data, such as a pre-existing condition or a history of behaviour, casting doubt on what you are free to say. The Information Commissioner’s Office (ICO) has recently released detailed guidance to help.

Broadly speaking, they advise that you should share proportionate and relevant information with emergency services and health professionals to prevent anyone coming to serious harm. They confirm that you will not get into trouble for doing this.

When reaching out to next of kin or an emergency contact though, they suggest a more cautious approach, case by case. This is because you may not know the exact nature of an employee’s relationship with this person.

The ICO also advises planning ahead for sharing information in a mental health emergency. Contact us if you would like help doing this compliantly.

£30 million payroll system can’t pay staff correctly

You’d like to think that if you invested £30 million in a payroll system, you would have that bit of your to-do list ticked off. On to the next thing. Yep, you definitely don’t have to worry about the workforce getting paid.

That has not been the case for Surrey County Council, who are reported to have spent just that sum replacing a 20-year-old legacy system only to find out they are effectively worse off than before.

And so are their staff; with some being underpaid, some being overpaid and all kinds of knock on effects like mortgage payments missed and benefits payments messed up.

With no end in sight it is not a happy place. You probably already know that payroll is a non-negotiable to get right. If you want an upgrade, we have a tried and tested system – and it won’t cost you £30 million.

Uneasy bedfellows

It may beggar belief, but some companies have actually tried to cut costs by asking colleagues to share a bed on a business trip.

While team-building exercises are generally a good idea this is definitely a step, no, a giant leap, too far. Even requiring a room share with separate beds is potentially fraught with difficulty – you never know what medical conditions someone might have which require privacy, or if someone is a massive snorer.

At best you may be looking at a fight over a duvet. More likely you will get workers performing below par after an awkward night, and the legal risk of some kind of harassment claim is simply not worth the saving you may achieve.

What policies do you have in place for start and end times?

Have you ever had a member of staff clock in for work in their underwear, only to go home again to get dressed? Unlikely, but that is exactly what happened at an Italian police station.

The incident made international headlines when CCTV exposed (if you will pardon the pun) one policeman’s practice in 2014. By way of justification, he argued that dressing in his uniform was part of his daily duty.

However, he was embroiled in a much wider case where public servants were accused of chronic absenteeism, with one council worker clocking on and then going kayaking for the day. The image of cop-in-Y-fronts sealed the policeman’s fate as a scapegoat though, and as well as losing his job, he became an international laughingstock.

There was a twist to this tale. An Italian court eventually ruled that dressing in uniform was part of his daily duty and ordered he be paid €250,000 in compensation and have his job reinstated!

We are not suggesting that this will encourage a flurry of underwear clad workers at your office, but do you actually have policies dictating the protocol of start and finish times at your workplace? This may include specifying times of day, and that employees arrive ready to work for example. Then there can be no doubt what is and isn’t acceptable.

If you have such policies, how are they policed? Do you need clocking-in software, do you monitor lateness or other unprofessionalism? Where there are transgressions are these addressed, and addressed fairly across the board?

Increased remote, hybrid and flexible working uptake may raise the risk of unprofessional practices. In fact, there is much more chance of someone working in their pants in this scenario. One survey found that 10% of work-from-home employees work in pyjamas every day. You can only assume that in these instances other professional standards may be slipping.

For some businesses an informal approach may fit the culture, but for others stricter standards are essential. If you would like help creating start and end of work policies or addressing poor standards, please ask.

Employment law updates this April

Every April, we see updates to employment law following the passing of legislation over the previous year. April 2024 is a busy one. We have produced a full factsheet which we would encourage you to download here.

In the meantime, here are some of the headline changes to watch out for:

National Minimum Wage – The annual rise to minimum wages kicks in on 1st April. There is a big change this year with the National Living Wage applying for those aged 21 or older (previously it was 23). The new rate increases from £10.42 to £11.44. Minimum wages for younger workers and apprentices rise too.

Carer’s leave – This is a new statutory leave that comes in from 6th April 2024. It gives employees a day one right to take one week of unpaid leave in each 12-month rolling period to look after a dependant such as a child, or anyone else who reasonably relies on them for long-term care.

Flexible working – The right to request flexible working is being extended, and weighted more in the employee’s favour. From 6th April it becomes a day one right as opposed to an entitlement after 26 weeks’ continuous service. It can be requested twice within 12-months instead of once, and your response time as an employer is reduced from three to two months. The employee no longer needs to explain the effect of the change requested, but your permitted reasons for refusing a request have not changed.

Enhanced redundancy protection – The Protection from Redundancy (Pregnancy and Family Leave) Act extends rights already in place for new mothers significantly – again from 6th April. It widens the beneficiaries of protection to include adopting parents and those using shared parental leave, and for mothers applies from the moment an employee informs her employer she is pregnant, to 18 months after the birth.

Download the factsheet for more detail, and if you need bespoke help with any of these employment law changes, please contact us as soon as possible.

Business jargon… What is it good for?

Not “Absolutely nothing” as the song continues. It does though have a bad rep and may be a source of amusement as people “Push the envelope” or “Run an idea up a flag pole”.

But for those in the know, jargon can be an effective technique for communicating complex concepts effectively, and contributing to a sense of company cultural identity – with pet names for processes or equipment, or simply creative tongue-in-cheek use of language.

If you find yourself drawing on business jargon in your company there is a balance to be struck, though. Research conducted by BRITA found that one in four office workers feel disconnected when colleagues use jargon.

If you have new recruits, take the time to translate company jargon until they get up to speed. This will help integrate them and ensure they work at peak productivity instead of having to Google what to “Boil the ocean” means and why it is not a good idea.

Is obesity an HR matter?

In Japan, companies are legally required to measure the waists of employees every year, and can be fined if too many staff are overweight. The obesity rate in Japan is just 4% compared to about 30% in the UK.

Despite obesity being much more of an issue here, there are no such legal mandates in the UK, meaning there is no way it is on HR’s radar to the same extent. But should it be? Obesity can be a significant factor in all manner of health conditions including sleep apnoea, hypertension, joint troubles and, of course, Type 2 diabetes.

In turn, these can impact productivity through short and long-term sickness absence and even a reduction in the talent pool. While we are not advising getting the tape measure or scales out, there are plenty of ways you can more softly encourage good health: cycle to work schemes, corporate gym memberships, a well-stocked fruit bowl… but not too many Easter eggs!

How highly do you value soft skills?

If you are like the majority of UK employers in 2024, “very highly” will be your answer. Research by LinkedIn showed that soft skills accounted for four of the top five skills employers valued.

Number one was communication followed by customer service, management, leadership and teamwork.

In a world where every other conversation seems to be around AI or automation, this surely represents a key way in which humans will add value as the years roll on.

Technology can perform many repetitive and time-consuming tasks more quickly and more accurately than people. So having staff who can complement this by building rapport with customers, inspiring colleagues and managing workflows effectively may be the perfect combination for your business.

If you would like to reimagine the workforce you need in the future to work alongside technology, we can help. Our services like person specifications, psychometric testing and management training could be just what you need.

Beige flag for employer is a red flag for French court

While the beige flag has become a thing in dating, signalling that someone is too boring to become romantically involved with, a company in France has discovered it is not a legitimate reason to dismiss someone from their job.

The employee steered clear of frequent business social events in which heavy drinking, promiscuity and other excesses were encouraged. He also voiced his disagreement with various management practices and decisions. He was dismissed and took his case to court for what was described as the “legal right to be boring”.

The Court of Appeal in Paris ruled that he could not be blamed for his “lack of integration in the fun environment” and that his employers could not force him to participate. The court awarded him €496,000 in compensation.

Managing exits to avoid reputational damage

Most business owners will have enough on their plate trying to manage existing staff, without having to worry about ex-employees.

Unfortunately, the rise of platforms like Glassdoor, Trustpilot and Google Reviews has given a mouthpiece to disgruntled former employees who feel they have an axe to grind. And the truth is that, rightly or wrongly, they can get away with saying an awful lot without much recourse.

Bad reviews on such platforms have the potential to cause you much damage, particularly reputationally. This is bad enough on its own, but the knock-on effects may include loss of revenue, decreased staff morale and greater difficulty in hiring future recruits – not to mention harm to your own mental health and the time, energy and resources spent on countermeasures.

Sorry for the grim picture. We should balance it out by saying old and current staff can leave wonderful reviews, too.

But back to problem cases and exit interviews for departing staff are your first, and maybe strongest, line of defence. It is more important than ever to conduct full and inclusive exit interviews for everyone.

If they are leaving on bad terms, they at least give you the chance to draw out the bad blood in person. Hearing them vent may not be a pleasant experience but is probably less harmful than if they leave feeling the only way to be heard is on a review platform (of course, they may do this anyway).

Stay professional yourself and keep in mind your overall aim of such interviews may be damage limitation.

Sometimes, a bad review may come as more of a surprise as you didn’t know how they felt. Conducting good exit interviews may nip these in the bud. If you give them the opportunity to provide genuine feedback and communicate that you take it on board and will perhaps effect change, that might be all they wanted to achieve.

If you would like help developing a process for exit interviews (and broader management of staff leaving) please ask us. Our experience could save you a lot of stress and the risk from reputational harm.

Lunch is for wimps?

While the line from Wall Street “Lunch is for wimps” may encapsulate 1980s machoism and an extreme sense of work ethic, many people now would recognise that it doesn’t ring true.

Sure, it is a positive if your dedicated team willingly works through a lunchbreak occasionally to hit a deadline. Making a habit of it, though, will probably lead to more harm than good.

A break halfway through the day is important for so many reasons – for them and for you.

Avoiding burnout – The most obvious reason for taking regular breaks over the long term is to avoid stress and eventually burnout. If employees really don’t feel they can ever take the lunchbreak they are entitled to, tiredness and stress will build up. This may lead to mistakes, grouchy behaviour and eventually symptoms of burnout which could end up with long-term absence or their looking for another job.

A legal requirement – Under Working Time Regulations if someone works for six hours they must have a twenty minute break. This cannot be at the beginning or end of the shift and must be away from their workstation. If they are under 18, this break is required on a four-hour shift.

Healthy eating – The lack of a lunchbreak may lead to unhealthy eating habits. As well as contributing to long-term health risks, they again may perform poorly in the afternoon if they are not getting the right nutritional intake.

Reducing back pain, eye strain and repetitive work injuries – We all know that sitting down all day is bad for your back, so missing the lunchbreak is an opportunity lost to have a proper stretch and reset your posture. It is the same for staring at a screen – which employees should have regular breaks from – and breaking up repetitive routines that can cause injury. As with the other points these will have short-term and long-term consequences which may impact them and you.

Inspiring creativity – Stuck in a rut it can be difficult to think of new ideas, solve problems and see other perspectives. A short walk and some fresh air as part of a proper lunchbreak is a tried and tested way to come up with some new ideas, reach a decision or think a little differently.

Nothing says “work through your lunch hour” more than watching the boss do so every day. So lead by example on this and make sure you are seen to take a proper lunch break– after all, all these benefits apply to you too. And if someone on your team is still regularly working through lunch, explore how you can help them change their ways.

Out of office

You’ve met your deadline, handed over some urgent tasks, put your mug in the dishwasher… wait you still need to set your out of office! Out of office (OOO) messages split opinion. What’s your style?

Do you like a Dad-joke style quip, like a Simpsonesque: “Hi, I’m Troy McClure. You may remember me from such automated responses as ‘I’m on vacation’ and ‘I’m not here right now’. I’m currently out of the office until [date].”?

Or do you prefer a last-minute rush job littered with typos and the wrong date for your return?

Hopefully it is neither, and you are well-prepared with a brief note that thanks people for their message, offers an alternative contact or a promise of a response when you return on a specified date.

Guide your staff in this, too. Left unchecked, you never quite know who may see a poor out of office message; or not receive one at all when it would have been helpful.

National minimum wage for domestic live-in workers

A small loophole in the national minimum wage legislation will be closed on 1 April 2024.

Dating back to 1999, it allowed live-in workers who were treated as part of the family to be exempt from the national minimum wage. It was principally designed to facilitate au pairs – where accommodation and meals were provided in return for light housework and childcare.

However, following an employment tribunal in 2017 and a subsequent investigation by the Low Pay Commission, it was found that some unscrupulous employers were exploiting the loophole, with migrant workers and women at particular risk. Long hours and duties beyond what the government considered reasonable for an au pair to perform were found to be being imposed in some cases.

The amended legislation does not outlaw au pairs; but it does mean they will need to be paid the appropriate minimum wage.

Would you promote someone who works from home?

A recent survey found that four out of ten employees feel they are less likely to get promoted or receive a pay rise if they do not spend enough time in the office.

While this in itself should not be a determining factor for pay rises and promotions, assuming they are operating within your rules, it may be that indirectly it has an influence.

To protect your business, it is important to treat employees fairly and a strong foundation to this is having clear policies and processes in place which set expectations for them. They can also give you a framework for handling things like promotions and pay rises consistently so that everyone is judged on the same criteria.

If you would like a review of current policies, please get in touch.

Soz UR sacked ☹

It may sound more like the behaviour of a teenager dumping their boyfriend or girlfriend, but believe it or not some companies have chosen to dismiss employees by text message.

As far back as 2003, only a few years after texts had become popular, a personal injury claims company dismissed 2,000 staff by text; while much more recently a holiday resort firm is alleged to have done the same.

Unless other more orthodox channels have been exhausted, firing by text is illegal and indicative of an unfair dismissal as there is a process to be followed. Needless to say, it is also pretty insensitive.

If you want to add an aggravating factor to such an unfair dismissal, why not use text speak too… and emojis? OMG 🤯!

Are you carrying out thorough background checks?

It’s the kind of horror story no employer wants to read; but a former participant on Secret Millionaire (the TV show) had to sell their company and make six staff redundant when their accounts assistant stole £35,000. She’d been employed for less than a month.

She did it by setting up a fake supplier with a similar name to a real one in order to bypass internal controls. She then transferred the money in a series of payments.

There are all kinds of good accounting practices that can help manage such risk, but we want to use the story to highlight your first line of defence: taking the time to conduct thorough background checks during your recruitment process.

You’ll want to do this with any new hire to a degree; but for accounting roles and other sensitive jobs it pays (or in some cases is a legal requirement) to dig deeper.

By law, you must carry out a “right to work” check on all employees and there are heavy fines for non-compliance.

It is normal good practice to request references from past employment or, if these are not available, character references.

When recruiting for accounting or other financial-related roles, there are a number of other checks which we would advise performing. These include a DBS check to flag certain elements of a criminal record, credit references to see if their personal finances are in a poor state (which could be a sign of incompetence or a motive for theft), and proof of qualifications. Some FCA-regulated jobs require additional checks as well.

There are, of course, other types of role that call for more thorough checks – in particular working with children or within healthcare, and where certain skills fundamental to the job are required, like DVLA checks for drivers.

But almost anyone could have the potential to dupe you if they are so minded. A warehouse worker was jailed for two years and ordered to repay John Lewis more than £55,000 for industrial-scale theft of products which he was then reselling online.

Protect yourself and your business by being thorough with your background checks.

Three unusual tribunal cases from 2023

While there is nothing funny about being taken to an employment tribunal, there are a few cases every year which will raise anyone’s eyebrows when reading about them with a certain detached curiosity. Here are three of the best from 2023.

Jump scare! Creepy crawlies no cause for dismissal – Not for the squeamish, one train driver made a successful unfair dismissal claim when he was sacked for playing two practical jokes on a colleague. The pranks involved placing the shed skin of first a tarantula, and then at a later date a snake, in her locker to make her jump. The judge gave a detailed dissection of the nature of the prank, concluding that dismissal for gross conduct was too strong a response in this case, whilst noting that in different circumstances it may have been appropriate.

Accidentally sacked whilst on annual leave – This one is a story of administrative error. A supermarket shop assistant, blissfully ignorant whilst on annual leave, was sacked for supposedly being AWOL. Needless to say, she did not respond to any of the letters inviting her to a disciplinary hearing regarding her absence, or to appeal the eventual dismissal because, quite simply, she was on holiday. The large retailer did offer to reinstate her, but she declined. The judge upheld her claims of breach of contract, unlawful deduction from wages and unfair dismissal, awarding £5,000.

Big break: £147K awarded – Having already won an unfair dismissal claim, a judge had to decide how much should be awarded to a former employee of a prestigious British car manufacturer for loss of earnings. The employer argued strongly for a lower sum as there was plenty of opportunity for the man to find work; but against a backdrop of caring for a young daughter, the pandemic, and a lack of transport, the judge sided with the ex-employee, who had found limited work as well as retrained as a plumber. A substantial £147,000 was awarded.

Don’t forget, our Advice Line comes with significant tribunal protection features. Contact us to find out more.

Vaping at work – Are your policies up to date?

You can’t have failed to notice the steep rise in vaping recently; whether it is the number of vape shops on the high street, or catching a tropical whiff when standing in a queue.

At The HR Dept, it is bringing an issue to light: that many SME smoking policies do not make provision for vaping, and the law is vague to non-existent.

As the practice becomes more prevalent, it becomes more important to have a policy; because although popular there will still be a silent (or not so silent) majority who do not like the impact on them. And although e-cigarettes do not contain tar, there is no conclusive understanding of the long-term effects.

We would not advise permitting vaping without limits. So if you don’t want to impose an outright ban, you should think about where it will be allowed without impacting others or your operations. If you would like help preparing a vaping policy or any other policy for your employees, get in touch.

Is it okay to monitor staff?

The Information Commissioner’s Office (ICO) has fired a warning shot across the bows of employers who monitor their staff, issuing guidance on required standards.

With flexible working becoming much more common since the pandemic, invasive forms of monitoring have become more of an issue, with employers not having as much day-to-day visibility of their teams. Use of intrusive technology like webcams, keyboard tracking and email/call logging can erode trust and harm well-being.

The ICO has emphasised that monitoring must have a clearly defined purpose; be necessary, proportionate and respectful of rights and freedoms; that staff must be informed in an easy-to-understand format; the least intrusive path should be followed; and that all data should be processed in line with data protection laws.

If you feel that some form of monitoring is necessary, but want advice on the best course of action, we are just a phone call away.

Should “heat of the moment” resignations be ignored?

Your employee has a strop, storms out saying they’ve had enough and resigns. Should you take that at face value, or give them an opportunity to retract?

As tempting as it might be to accept such a resignation as suddenly as it was issued, a more tempered approach is advised. An employment appeals tribunal overturned an earlier hearing which had given the employer discretion to summarily accept such a resignation.

The judge gave a number of guidelines for future reference, including that every case should be judged on its merits, that how a reasonable bystander would interpret the resignation was key, and that it was not sufficient to solely rely on the subjective understanding of the recipient, although this understanding would have a degree of relevance.

As in many aspects of life it is best not to make big decisions when emotions are running high. Allowing for a cooling-off period will often help you both reach the best outcome.

Pyjamas pandemic

You’ve heard of dress down Fridays but just how “down” are your employees dressing?

According to one survey, 33% of employees confessed to wearing pyjamas whilst working (we assume from home). The average number of days in this attire was 46, but nearly 10% claimed to wear their pyjamas every working day.

Some employers may not care but, like many, you might feel this is going too far – a lack of professionalism that may be borne out in falling productivity, too.

If you need a reset on your hybrid or flexible working policies, we can help.

Managing burnout in 2024

Work-related mental health issues shot up after the pandemic and have remained persistently high compared to pre-pandemic levels.

Burnout sits at the more serious end of the mental health spectrum, a consequence of prolonged stress, long hours and lack of support.

One survey found that nearly 70% of full-time employees claimed to have felt burnt out at some point, while a recent study by Deloitte reported that more than nine out of ten professionals work beyond their contracted hours.

In America, it’s said that employees experiencing burnout were 63% more likely to take a sick day and two to three times more likely to be actively looking for another job. In other words, if an employee is struggling with burnout, the impact is likely to be felt by colleagues and the business as well, eventually.

Many believe that this issue of burnout will hang around in 2024, so do you have a plan to address it?

First up, you need to be able to recognise the signs of burnout when it strikes, or preferably beforehand. These may include exhaustion, pessimism, negativity and reduced effectiveness.

If you think you may have a case, or one is brewing, schedule a 121 meeting in which you can start to address the issue. Talk to them to find out how they are feeling and if they recognise that they may be at, or near, burnout.

If they agree, the chances are they’ll say it is because of a combination of an unmanageable workload, a lack of communication or support from their manager (maybe you), impossible deadlines and trouble with colleagues or customers. It could of course be connected with a personal issue, too.

Even this very act of communication is a start to resolving the issue – a problem shared is a problem halved as the saying goes. They’ll feel less isolated. Your next move will depend on the exact  causes, and the resources available to you.

Some good ideas may be to check they are using their annual leave (its primary purpose is to give employees a break), encourage better teamwork and perhaps a restructuring of workload. You could also explore training and development if you both think it could help.

We often advise an Employee Assistance Programme (EAP) as part of a benefits package, which includes access to confidential helplines which can also be a useful and cost-effective tool in tackling mental health issues like burnout. Ask us if you want to find out more.

Three HR issues to look out for between Christmas and New Year

The Christmas period makes for an unusual time to manage a workforce. While many people, including business owners, like to unwind, there will still be some work to be done unless you have a complete shutdown. And of course in some industries, Christmas is the busiest time of year.

Here are three particular challenges that may arise, with suggestions on how to manage them.

Travel disruption – Train companies running a Sunday service midweek, engineering works or bad weather all combine to make travel more difficult around Christmas. These are things out of your (and your staff’s) control, so you’ll need to plan workarounds if employee commutes are impacted.

Fortunately, forewarned is forearmed and it does happen every year so you can plan. What you do depends on your business, but agreeing to remote working or flexitime, swapping shifts around or getting extra staff in could all be options.

Unfit for work – Christmas is a time of excess and that does extend to alcohol and late nights for many. It’s down to your staff what they do outside of work and not your place to cramp their style – so long as they show up on time and do their job properly when required. If you have a track record of trouble, you may issue staff a reminder of expectations beforehand.

If they do cross a line though, it’s time to take a stand (remember to be fair, no favourites).

There’ll be little to gain from giving someone who is a tad off form a hard time. But if their excess results in some serious poor performance, you’ll need to address it. Most seriously, if there is a safety issue, or they have shown up to work clearly under the influence of drugs or alcohol, then your formal disciplinary process should start, including possible suspension. Do, though,  get advice to ensure you follow the correct procedure.

Lack of productivity – Sometimes there may genuinely not be much to do between Christmas and New Year. Other times, those that come into work may be too distracted to get stuff done if not tightly managed. Either way, it’s a loss of opportunity and productivity for you.

This is a time to be proactive in your line management. If it is quiet, plan to set some extra tasks which wouldn’t normally get done but will help the business get off to a flyer in 2024 – an office cleanout or some 121 appraisals for example. If there’s a lot to get done, could you keep in the Christmas spirit with some work-based challenges and rewards for the top performers?

If you find yourself facing an HR issue over Christmas, don’t forget that we are only a phone call away – and our job is to prevent people problems for you.

Discussing Christmas

It is fair to say that Christmas has transcended Christianity for years, decades even. As an employer though, it is important to consider its Christian roots when managing your team.

This doesn’t, of course, mean cancelling Christmas; but it does mean giving people of other faiths safe space to opt out if they do not wish to take part in the Christmas routine like party or jumpers, without being pressured by colleagues.

A welcoming workplace may also give a friendly acknowledgement to their own religious festivals around this time – Hailing a “Happy Diwali”, for example, which passed in November.

Other employees may have more personal reasons for not getting in the Christmas spirit, such as suffering a bereavement at this time of year, being estranged from family or they simply dislike the fuss. Be in-tune with your whole team, and mindful of this in the build up to Christmas and when people return from festivities keen to chat about how wonderful it has all been.

Supreme Court ruling: Deliveroo drivers remain self-employed

The Supreme Court has become the fourth court in the land to rule that Deliveroo drivers are self-employed. It is a decision in contrast to that made on Uber drivers previously who did win workers’ rights in court.

A trade union had brought the case, seeking collective bargaining rights for its members. But the court found that owing to important factors like the right to refuse work, to appoint a substitute and work for competitors, that there were fundamental inconsistencies with any notion of an employment relationship.

The rise of the gig economy has muddied the waters of employment status, and who is and is not entitled to rights such as holiday pay and minimum wages. We would always argue for treating people who work for you fairly and to do that you must decide their employment status correctly. If you would like clarity on the employment status of staff and your compliance with employment law, please contact us.

In the case cited in our title above, £15,000 was awarded specifically for injury to feelings after being left out of a WhatsApp group – it was part of a larger £134K settlement. In another example, a supermarket worker was awarded nearly £9K after being made to feel extremely upset. She had been asked to return to work from an extra break she was taking due to stress.

A case of a delivery driver suing for unfair dismissal after being sacked for stealing packages did not stand. So a line in the sand is drawn – just not where many rational people may think.

All claims are expensive in terms of time and legal fees before you think of any award payment. Our Advice Line comes with tribunal indemnity insurance that can protect you from the costs of such cases, so long as you act on our advice from the outset. If you are not already signed up to it, ask us for more details.

Working through Christmas!

For those that have to work through Christmas, new legislation coming in 2024 may make things better next year. Why not position your business as if it is law now, tackling two of the issues that can make working over Christmas difficult?

A new law is coming into force in October 2024 which puts a duty on employers to take reasonable steps to protect their workers from sexual harassment. You may already do this, but if you recognise you need to be more robust, this is a good time of the year to make sure your staff know you will not accept any inappropriate customer behaviour, and empower your managers to deal with any incident.

Another new law, the Employment (Allocation of Tips) Act is expected to come into force in May 2024. This means employers must share 100% of all customer tips, including those paid by credit card, without a deduction. Now could be a good time to reward staff on festive duty by introducing this before Christmas, if you have not already done so.

Don’t forget to review your own year

Good line management dictates that you probably give your team 121 annual appraisals. It’s your time to review the year with them, assess the successes and failures, look to the future and set goals.

But do you take the time to do this yourself? It may be the kind of activity that you do if you are signed up on a business coaching programme, but even then it can be hard to find the time.

It is worth following through with, though. It is important to recognise your accomplishments, and check that you are on course with what you want to achieve – making adjustments if necessary.

And unlike many an employee, you don’t need to dread that meeting with the boss!

Managing moonlighters

Since the pandemic, there has been a growing trend of people secretly working two full-time jobs. One report by a management consultancy suggested that as many as 5% of employees may be doing this.

Flexible and remote working becoming more prevalent, the cost of living crisis, and now the rise of AI and automation are all factors that have combined to make such moonlighting more attainable for those who have the graft (and maybe gumption) to go for it.

Is it legal, though? Is it ethical? Would you have a problem if you discovered one of your employees was working a second full-time job?

To address legality first, there is nothing specifically in law that prevents someone working two jobs at once. There may be an issue around Working Time Regulations, although if the additional job is kept secret from you there is not much you can do about that; and there is provision for an opt-out on number of hours anyway.

A second income will, of course, alter their tax code which they are ultimately responsible for – a new tax code may be a clue to you that they have a second job if you were to notice it. A second employer will register them for tax and it usually ends up being at an emergency rate and then reclaimed at the end of the year.

The one point that should stop the practice dead in its tracks is if you specifically have a clause in your employment contract prohibiting them working another job – particularly not working for your clients or being in competition with you.

That brings us onto the other two questions we posed earlier. Is it ethical and do you care?

There could be an issue of trust at stake here, and also whether they are performing to their best for you. Any employer is bound to be unhappy if they discover they are paying someone who is shirking their responsibility, performing inadequately or not available at key times; could they be using company resources (especially the time you are paying for) for personal gain? This is clearly underhand behaviour that breaks the bond of trust.

On the other hand, if an employee is doing everything that is asked of them, and performing well for you whilst working out-of-hours for someone else, maybe it is not such a problem – so long as they do not burn themselves out!

Whether it is an issue now for you or not, going forwards you might look at whether your job specifications accurately reflect technologies like AI, that you have a company policy on remote work and second jobs and that employees understand what is expected of them.

If you want more protection from this phenomenon, ask us for a review of your employment contracts.

Making reasonable adjustments for chronic illnesses

When resources are tight in an SME, one of the most challenging situations to deal with is when a member of staff is absent due to a chronic illness, severe injury or another long-term malady.

It is a situation fraught with complexity. You need to balance how the business copes with a person potentially absent much more often than usual against how much the employee can give; the emotional strain on them and you; and, importantly: equality law.

A recent case caught the headlines when a lawyer working at a bank was awarded more than £1.1 million by a tribunal after being dismissed for taking time off sick and requesting to work from home.

She suffered with asthma and complained about the office air conditioning affecting her breathing. She would not stay late in the office like colleagues but did further work when she got home. Her boss deemed that she did not fit the company culture which included working long hours in the office.

In another case, an NHS employee won a discrimination claim when his request for a part-time role was denied. He had successfully applied for a full-time promotion, but a long-term health condition flared up before he could start. He was told by a senior that they did not feel they could rely on him.

Looking to make reasonable adjustments for people with a disability is law. This means that you put in place ways that allow the disabled person to work as effectively as everyone else.

Aside from the legal consequences, the benefits for your business of making reasonable adjustments are that you can retain talented staff that you might otherwise lose, empower staff to work at their best and have a more diverse workforce bringing wider skills and perspective.

The key word though is “reasonable”. It doesn’t mean you have to write a blank cheque. The legal requirement only extends to adjustments which are practical, affordable and don’t harm the health and safety of others – and they should be shown to reduce or remove the disadvantage from disability. Approaching Access to Work for funding for special equipment is really helpful.

Don’t make assumptions. Talk to any staff who are struggling with what may be deemed a disability and find out what they think they need. That will give you a good starting point for making reasonable adjustments. We are always here to help you stay on the right side of employment law, too – whether they are ultimately to stay or go. So if in doubt, contact us.

Handling divisive topics in the workplace

The tragedy unfolding in the Middle East has raised societal tensions in many countries around the world. Some employers have already faced challenging scenarios where employees voicing sentiment for one side or the other have gone too far.

A bank worker was sacked after writing a post on Instagram endorsing the Holocaust, whilst a train driver was suspended for pro-Palestinian chanting when on the clock.

While everyone in the UK has a fundamental right to free speech, this is curbed in certain, mainly obvious, instances – like using violence.

Managing free speech in the workplace adds an extra layer of complexity. First and foremost workplaces should be professional environments where strong personal views are not appropriate (unless aligned with the business’s values).

You do also have to consider the Equality Act 2010, where anyone made to feel uncomfortable because of their religious beliefs or because of their race could lodge a complaint of discrimination – certainly the case with events in Israel and Gaza.

Many companies choose to have an explicit policy governing what level of political discussion can take place at work. This will guide them in how to respond when someone gets overly political, and stresses that above all we should be tolerant of other views. If you would like to prepare such a policy for your business, get in touch.

£15,000 for hurt feelings

If your eyebrows are raised, good because so are ours. It is a troublesome aspect of being an employer, though, that you can get taken to a tribunal for all manner of trivial matters. Some will get thrown out, but others do result in penalties.

In the case cited in our title above, £15,000 was awarded specifically for injury to feelings after being left out of a WhatsApp group – it was part of a larger £134K settlement. In another example, a supermarket worker was awarded nearly £9K after being made to feel extremely upset. She had been asked to return to work from an extra break she was taking due to stress.

A case of a delivery driver suing for unfair dismissal after being sacked for stealing packages did not stand. So a line in the sand is drawn – just not where many rational people may think.

All claims are expensive in terms of time and legal fees before you think of any award payment. Our Advice Line comes with tribunal indemnity insurance that can protect you from the costs of such cases, so long as you act on our advice from the outset. If you are not already signed up to it, ask us for more details.

No such thing as a free lunch!

…So the old saying goes and that was certainly the case for a banker who bought lunches on expenses for his partner (albeit, just sandwiches and the like) whilst away on a business trip in Europe.

He was dismissed for misrepresenting the truth when challenged on why he was buying two of everything whilst away. He took his employer to court and lost, due to his initial misleading behaviour.

It is a sad story but one which highlights the importance of clearly communicating an expenses policy, having a control process to pick up irregularities when authorising expenses and the bond of trust between employer and employee – no matter how big the company.

When AI goes wrong

While there can be no doubt that AI will have a profound impact on the future of the workplace, there are, right now, plenty of anecdotes of AI going a little bit awry…

Like the AI programme which was too keen and confirmed its acceptance to a staff drinks reception. We are not sure what its tipple of choice would have been!

Or how about the candidate supposedly busted on social media for using AI live in a job interview to answer some of the questions that were posed to her.

Maybe one AI programme which we could all get behind is that one promising to attend boring meetings in your place; as long as it does not then start moaning about them!

HR Horror Stories

Did someone say the “H” word?

It is that time of year again, Halloween, when there’s a scary movie on the box, children are trick or treating and we at The HR Dept share a few HR horror stories to send a shiver down your spine.

The witching hour

As understanding grows about the impact of stress at work and the right to switch off, more employers are sensitive to contacting staff out of hours and expecting an immediate response – especially not at gone midnight!

However, one banking executive, upon being warned by a colleague that his employee was not being paid enough to receive such a call, had a simple if somewhat diabolical solution – we’ll call him to give a pay rise, then ask our question!

Horrible bosses

In this tale from the US, two car mechanics were being repeatedly bullied because of their sexuality (here, a protected characteristic). Horrifyingly, rather than support them, the shop manager said he would sack anyone who reported the matter to HR. Needless to say, a law suit ensued.

Expensive mistakes

While certainly a difficult time for women experiencing it, the menopause can also present a challenge for employers trying to balance the well-being of employees against productivity for the business. One UK insurance company who got this balance wrong was ordered to pay £64,000 in damages. The tribunal noted that they could have altered the performance criteria for the employee and considered offering a change of role.

Adding insult to injury

As if sexual harassment wasn’t bad enough on its own, one tech CEO complemented that by trying to force feed one of his female employees. It happened on one of the many hedonistic parties encouraged by the company culture. Thankfully, despite his position, the internal HR department did take robust action in this instance and he was forced to stand down, losing $110 million of stock options in the process!

While all extreme examples, they do show what can happen when good HR is not established in a business. At The HR Dept, we’ll protect you from people and productivity problems before they get out of hand and turn into your very own HR horror stories.

Development plans for staff

Development plans for staff go further than just offering training to get them up to speed with their jobs. They are a structured framework to move employees along their career path, improving their productivity and the level of responsibility they can take on for you.

It could be just what you need if you are struggling to get rough diamonds to shine, or stay with you; or you have a dearth of internal candidates on hand when promotion opportunities arise.

Offering staff development plans may also help you stand out in competitive recruitment markets, if candidates see that you will invest more in them and their aspirations than other employers.

A staff development plan will be tailored to each employee, looking at where they are now, and what they need to learn and experience in order to get to higher levels.

During the course of annual appraisals and one-to-one sessions, work with them to identify how their personal goals align with what you need as an employer, and agree on what CPD needs to take place to achieve this. Make sure this is a two-way process and the employee can give their feedback too.

There will of course be a cost to you in making this investment, but balance this against the opportunity cost of not making it. Research in America suggested that the US economy takes a half trillion dollar hit every year because of disengaged staff.

Some of the benefits of investing in employees in this way will be gradual, but you may really start to notice it when promotion opportunities come up and you need look no further than candidates from your existing team, saving you time and money on the task of making key hires.

Our experts can help you put a staff development programme in place; or if you already have one but are looking to source high quality eLearning courses, ask us about the range of professional, cost-effective courses that we offer.

Unhappy Birthday

Depending on your workplace culture, you might see the value of small gestures to make employees feel valued: things like an “employee of the month” award, the marking of staff birthdays or a monthly team lunch.

Relatively small outlays show that you care, develop camaraderie and foster loyalty.

We are all for this where appropriate, but it is essential that you carry out the gestures equally and fairly.

In one recently reported case, an employee lamented the fact that she was the only member of staff who did not receive cake and a card on her birthday. She even knew that it wasn’t a simple oversight as her boss had teased her about her age and birthday the day before.

If you don’t treat employees equally, at best you will create tension and discord. At worst, you could open yourself up to a discrimination claim if the treatment is perceived to be based on a protected characteristic.

Hair raising dress code

For many busy business owners, a dress code may be something of an afterthought.

Perhaps it was, too, for one larger firm which took issue with a newly hired receptionist who sported bright pink locks on her first day. Feeling strongly that it was not a suitable look for a front-of-house role, they came up with a compromise: a wig!

Her response was to wear a series of purposefully terrible wigs to draw attention to the issue, posting on social media.

To avoid such confrontational situations, think very carefully about where you draw the line in your business; covering everything from hair colour to tattoos and piercings, as well as clothes and footwear.

Be mindful of cultural or heritage considerations, where certain hair styles could be related to, for instance, racial identity and therefore fall within the scope of the Equality Act.

Make sure your policy is clearly explained in your company handbook, so that there can be no doubt in anyone’s mind, and no room to make a scene.

The right to request predictable working patterns

A new law – the Workers (Predictable Terms and Conditions) Act 2023 – has just received royal assent, and may affect you if you employ people on zero-hour contracts or other occasional/temporary bases. It is not expected to come into force, though, until late 2024.

When live, it gives such workers a right to request a predictable working pattern, once they have 26 weeks of qualifying service. As an employer, you will have to respond to a request within one month, but you do have six grounds on which to reject one.

These include: an additional cost burden, your ability to meet customer demand, the effect on recruitment, the effect on other areas of your business, a lack of work in the requested periods and any planned structural changes.

If you want help planning so that you are well prepared to deal with such requests when the new right is implemented, please get in touch.

Paternity test

We’ve all heard of employees throwing a sickie to get an extra day off work here and there – it may be the bane of your life as an employer (if so, talk to us and we’ll get it sorted). But one man apparently did the same thing – except for paternity leave. Four times in five years!

We are not even sure what you call that, but there must be some serious systematic errors in his workplace to allow that to slide.

Apparently, he took precautions – by featuring a different Google image of a newborn baby on his phone home screen every time he claimed a child.

As he was single and child free the whole time you would have thought the lack of bags under his eyes and grey hairs may have given it away.

Up to £60,000 fine for employing an illegal immigrant

There have long been penalties for employing illegal immigrants, but they are about to get much tougher.

Currently, a first offence of employing an illegal immigrant can land an employer with a fine of £15,000; with repeat offences earning fines of £20,000. Under the proposed changes, those figures would triple, rising to £45,000 and £60,000 respectively.

For unscrupulous employers, hiring illegal immigrants gives them a commercial advantage by allowing them to bypass the minimum wage and other employment rights. This is exploitative towards vulnerable people, whilst unfairly allowing such businesses to undercut legitimate employers who play by the rules.

So it is understandable that the government is trying to stamp out the practice. Since 2018 they have issued 4,000 civil penalties totalling £74 million.

It is possible you could employ an illegal immigrant inadvertently, and the key to avoiding this is following the government’s “right to work” checks. You should do this as standard every time you hire, and doing so properly will provide you with a statutory defence against the fines. There are different ways in which you can perform the checks.

You can conduct a digital right to work check. This may be the most common way of conducting your checks and there are a number of methods. The simplest may be asking your recruit to generate a “share code” from the Home Office’s online service which when passed to you allows you to log in and view their right to work status.

Alternatively, there is an option to outsource the task using Identity Document Validation Technology (IDVT) through a certified digital identity service provider (IDSP) who will carry out the checks on your behalf.

If, for some reason, neither of the above are possible (and the employee cannot provide manual documentation, see below) you may be able to go directly to the Home Office and use their online Employer Checking Service.

You can complete a manual check. To do this compliantly, you must meet your prospective employee in person with them bringing documentation from prescribed Home Office lists. You need to check the documents give them a right to work (for instance a UK citizen holding a UK passport), and that they are not obvious forgeries. Inconsistencies, like name changes after marriage, should be explained.

You’ll need to take copies of the documentation and retain them for the duration of the employment plus two years. For help ensuring you are compliant, just ask us.

Job titles gone crazy

Everyone has noticed the monetary inflation that has set in over the past couple of years. Apparently it has spread to job titles, too; with younger generations in particular demanding ever more lofty job titles, regardless of their experience.

We do have a bit of fun looking out for weird and wonderful job titles.

There is the classic “media publications administrator” for which you can read “paperboy”.

One well-known hospitality chain (whom we won’t name) advertised for “sandwich technicians” – which most would agree was a bit over the top if you knew what they served.

Still, at least with that one it was clear what they did, or aspired to do.

One police force once advertised for an “anti-social behaviour coordinator”. Seeing this from the outside you could be mistaken for thinking the role involved the organising of kicking in bus stops and drinking strong cider in the park!

This raises a more serious point, though. Simple and clear with job titles is far better – not only will people outside your company understand what it is your team members actually do, but no one needs to stay up until the wee hours thinking of ever more inflated titles.

It does go both ways though, and sometimes a bit more thought to the semantics could go a long way. One poor graphic designer privately bemoaned the fact that his official job title was “back-end manager”. Now that’s unfortunate!

Employees behaving badly (outside of work!)

You know that you must instigate your disciplinary process for bad behaviour within the workplace.

But what about employee behaviour outside of work? When do you decide to step in if they transgress in their personal life? Often, it will be none of your business, but if it develops and imposes on you, then you could be within your rights to act.

There are many ways it could become your business, including: they attract negative publicity which is linked to your company and causes reputational damage; they denigrate your brand, colleagues or customers on social media or some other public forum; it is a criminal case which is so bad their position is untenable or they are no longer able to perform their role – say they are remanded in custody or lose their driving licence.

When one of these scenarios plays out, you really do need to get professional advice to ensure a fair and reasonable disciplinary outcome is achieved.

Is Elon Musk going to sue you?

Elon Musk recently tweeted a call to arms for any employees who felt they had been unfairly treated by their employers for posting or liking something on Twitter (now called X). He said he would fund their legal bills. No Limit.

To what extent he would ever do this, who knows? There are several tribunal claims currently in progress where people claim they have been unfairly dismissed for expressing what they think is their right to a religious or philosophical belief.

This can be a highly contentious area and as we have already stated do take professional advice before reacting. If you find yourself in this position, please don’t hesitate to call your local HR Dept office to get your expert opinion.

Best of enemies?

It’s great when your team bonds so well they are productive in the workplace and friendly outside of it. It is not uncommon that some employees may have been buddies before they ever started working for you.

Such friendships do, though, run the risk of blurred lines and personal dramas brought into the workplace – as one care home has found out to its cost.

Two childhood friends were employed at the care home, with one managing the other. A work-related row erupted, which resulted in the manager using strong expletives, threatening language and remarking “No wonder you have no friends”.

The employee quit and successfully brought a constructive unfair dismissal charge against the company. With so much upset, distraction and cost caused by personal remarks, it is a reminder how important it is to have well written and clearly communicated behavioural policies in the workplace.

Pay blunder

If you have ever had anything to do with payroll, you’ll know that mistakes do happen. But for one Hungarian company, it was rather a large one. Meant to pay a short-term employee €260, they accidentally transferred €92,549.

The mistake was a currency error and transpired because the worker gave a foreign bank account. His €226 was meant to be paid in Hungarian Forints, of which the correct number was, you’ve guessed it: 92,549. The police are now involved because the company has only been able to recover about €70,000.

Do you have the payroll processes in place to avoid such a fiasco? If you are unsure, talk to us about our outsourced payroll service.

Including employees in decision making

It is said that leaders are paid the big bucks because they make big decisions; but could one of the best decisions you make be to involve your team in the decision making?

While you will trust your own judgement, and always reserve it for certain matters, there is so much upside to involving employees in some decisions.

Psychologically, you confer trust on them, helping them to feel valued and with a greater sense of control over their role. This is known to be a good thing, leading to higher engagement and increased motivation – both great for productivity. You’ll also get better buy-in on the outcomes of decisions, with employees appreciating that they are listened to.

Company decisions should, on balance, be better informed; with a range of perspectives introduced leading to more rounded outcomes. Differing perspectives may not always influence your overall decision, but they might temper it or help you understand where you’ll face resistance.

In some businesses, the employees will be closer to your customers than you. So accepting their input could help provide vital insight into how your customer base will respond.

Opening up the decision-making process could be an effective tactic for upskilling employees, helping them to think more broadly about issues and their wider effects. Working alongside you on such matters allows them to learn, whilst you can monitor their progress and judgement as you go.

As they improve, it may lead to faster decision making, and save you time through delegation. You are nurturing problem solvers in your business.

So how do you involve staff in decision making? It may well depend on the size of your business.

If it is just you and one or two others, mentoring might be a good approach, holding informal conversations to discuss issues, get their input and share how you do things.

If your team is a little larger you may still do this, but perhaps add a suggestion box, either a physical one or by way of an email address where ideas can be posted. When doing this it is important to check on suggestions regularly and respond to them, so that it does not appear an empty gesture. Employee surveys could be a good idea, too: for getting ideas, canvassing opinion and finding solutions.

There are some areas of employment law where staff have to be informed and collectively consulted: TUPE, 20 or more redundancies, and health and safety. In 2005, the ICE regulations came into force; and in 2008 extended to employers with 50 or more employees. They say that where 2% of employees request so, the employer must set up a consultation group.

Not many go the formal route, but having elected representatives is a good idea and can speed up formal consultation processes. Sharing information does improve employee engagement and no one person has all the bright ideas.

CSR in SMEs

CSR, or corporate social responsibility to spell it out, can be an important part of your overall strategy as an SME.

While it takes effort and resources, the investment can pay dividends in marketing, recruitment and retention, not to mention the positive impact you can have in the community.

There are many different ways in which you can implement a CSR strategy.

You’ll want to make it aligned to your business, and it is essential for it to be authentic (if it is perceived as a ruse or hollow gesture it could do more harm than good). To really leverage its power, ensure your team are involved – in the delivery yes, maybe too in shaping your policy so you have their full buy-in and engagement.

Volunteering staff time, fundraising or donating skills and materials are all great approaches to consider, depending on the set up of your business. For example, a building firm may help fix up community assets for free, or a café may donate unused food to a foodbank.

Across our nationwide HR Dept network, our new CSR initiative is called HR Dept in the Community.

Each individual office (we have over 70) has the opportunity to raise money for a local charity of its choosing, performing whatever events or activities suit them best. Our aim is to bring each of our teams together, get out into our local communities and, through group effort, raise money for local charities.

At a national level we look forward to reporting on a significant collective sum which we will have given to charities across the country, whilst uniting our team with a sense of purpose.

Student loan repayments are becoming more onerous?

Continuing a long-term trend, the overall cost of studying at university is increasing – considerably.

The cost is borne, of course, once students enter work and start earning a certain salary. Currently, it is £27,295; but for new university students this will drop to £25,000. With 9% of everything earnt over this threshold taken as a loan repayment, that will slap an extra £207 per annum onto every graduate.

More significantly, though, the repayment period (before which the debt is wiped) is increasing from 30 years to 40 years. This means that most graduates (unless very higher earners) will be paying this additional 9% their entire working life without ever clearing the debt.

Psychologically, could this be a tipping point, putting off many more young people from studying for a degree?

If you have always required a degree as part of your recruitment criteria, it may be time to embrace other pathways into the workforce to get the right talent. Generously funded apprenticeships will be a stand-out choice for many businesses.

Emojis in the workplace: 👍 or 👎?

Long a favourite for use in social media, emojis, GIFs and memes are growing in popularity as a tool within business communications, too. They are not for everyone, though.

In their favour, they can effortlessly convey tone in written comms where otherwise there could be room for misinterpretation. They can also be good for team spirit – with colleagues able to capture shared cultural references, or praise someone with added gusto.

They can certainly speed up communication, with reacjis (single emojis sent in reply to a message) often now used. A survey conducted by Slack and Duolingo found that 58% of respondents felt they could communicate with greater nuance in fewer words, whilst 54% said it sped up workplace communication.

For the case against, they may fall below the standard of professionalism or gravitas companies in certain industries want or need to meet. GIFs and memes can be quite edgy, whilst some emojis can have double meanings – innuendos which are not suitable for the workplace. Misuse of either could contribute to harassment or bullying, leading to disciplinary action.

Ultimately, it will come down to your own discretion as to how they are used. If you want or need to impose boundaries, do so.

Back to school… and a return to work

While the kids go back to school, in September working parents also have to readjust from holiday mode – whether they went somewhere exotic or not. More than a few may be breathing a sigh of relief!

Even so, it is not always easy to switch gears. So to make sure everyone hits the ground running, here are some tips to get them focused.

Catching people in this transition is an effective time to hold 121s focused on the months ahead. If they have been away you can check in with them to see how the summer was, but most importantly share your plans for the next quarter and set individual goals for them to work towards.

If your team has been fragmented while people take their holidays, it may also be productive to plan a small team-building activity to bring everyone back together. Strengthen bonds, upskill and make everyone feel welcomed back and ready to get down to business.

Going green?

Every company can do its bit to go green, but one business in Gloucestershire went a little further. Well, 600ft further to be precise!

They introduced a small potted cutting of ivy in 2009, and come 2023 it has grown to 600ft, truly making a mark on their office space, and their company culture to boot.

The ivy is low maintenance, requiring just a little food and water once a week. The biggest challenge is in supporting its growth. Like a good team player though it contributes to the business. As well as being an emblem of the company culture, it has also attracted its own sponsorship deal!

Keeping employees cool in a heatwave

With one heatwave already been and gone in 2023, but still plenty of summertime left for another, having a plan in place to keep employees cool is not only good for them, but good for business, too.

An American study found that heatwaves account for $44 billion of lost productivity each year across 12 of the World’s largest cities, including Athens, New Delhi and Los Angeles. They predict this will rise to $84 billion by 2050, unless greenhouse gas levels fall.

Closer to home, and you probably experience first hand the symptoms of a hot and stuffy office: Irritation; more human error; and rows about fans, air conditioning (if you have it) and whether it is better with windows open or closed…

There is no legal maximum temperature for the workplace, although employers are expected to keep working conditions reasonable.

Many businesses do not have the luxury of air conditioning, so smaller measures will be necessary.

If you have a dress code, relaxing it, whilst still maintaining the appropriate air of professionalism for your industry, should be an easy first step for most businesses. If you have uniforms, can you design regular and summer versions?

It’s generally considered that windows or doors being open is preferable (assuming no air conditioning), to allow fresh air in, although this may spark some debate. Additionally, be careful not to breach any fire door regulations, though.

Office fans are a life saver. Nowadays individual workers can get mini ones which plug into their laptops. These may add a little extra firepower precisely where it is needed.

You could consider rearranging seating plans temporarily, too. Some people may struggle to cope more than others in the extreme heat, including older workers, pregnant women or those experiencing the menopause.

If you employ outside workers, the risks are even more acute, with sunburn, skin cancer, dehydration and heat stroke all a threat. Consider rearranging shifts so that workers are kept out of the midday highs; and supply suncream, adequate PPE (like brimmed hats), and plenty of drinking water.

Focus on mid-year reviews

In many businesses, the summer months have a slower pace.

These are great for setting up individual mid-year reviews to: assess work over the past six months, acknowledging accomplishments, identifying any areas where an employee is under-performing, providing constructive feedback and goal setting for the following six months. It may also be the appropriate time to discuss any pay rises or promotions.

These are all practical areas to cover, but you may find it beneficial to also use the opportunity to get feedback from the employee on their role as well as the wider company; and reinforce your business’s culture and values.

You may be an old hand at such reviews or relatively inexperienced in delivering them. Either way we have some tips which we hope you will find useful as a refresher or new advice.

1. Ensure you prepare adequately for each employee, and also give them the time and guidance they need to prepare.
2. Schedule sufficient time and a private space in which to conduct the reviews.
3. Cover strengths as well as weaknesses for everyone so that they feel encouraged but know how to develop.
4. Draw on objective data to appraise, so performance is known to be judged by matters of fact, not just opinion.
5. Make sure it is a two-way conversation, by encouraging your employee to contribute.

Regular employee reviews are a key element of line management, contributing significantly to the success of the people in your business. If you would like more targeted support with mid-year or annual appraisals, please get in touch with your local HR Dept office. We have a great deal of expertise in this area and would love to help you.

Do you survey staff satisfaction?

If you saw the results of Meta’s recent internal study, it would be understandable if you wanted to run a mile from the notion of a staff satisfaction survey. A 70% majority of employees said Mark Zuckerburg is an unfit leader. For context, Meta is initiating wave after wave of redundancies at present.

Furthermore, here in the UK our employee engagement is amongst the lowest in Europe according to Gallup’s State of the Global Workforce report.

While that all sounds like doom and gloom, it may not be something to shy away from. The surveys themselves are not the cause of dissatisfaction, they are just reporting it. By understanding any issues, it gives you a chance to address them by taking tangible action.

By investing in your workforce relations in this way, it should translate into an improvement in solid business metrics like output, absenteeism, recruitment and retention and ultimately productivity.

My flight’s been cancelled!

Sadly, there’s been no shortage of holiday disruptions since the pandemic. From airlines cancelling flights due to over-selling seats, to air traffic controller strikes.

What, then, if an employee becomes stranded overseas? If you get that call, it is important to adopt a balanced stance. Even if you are left short-staffed, the employee may not be in control of the situation.

Good dialogue is important, ensuring you are kept up-to-date with events which may be fast-moving. The issues of workflow and pay could be the top priorities in your relationship.

Assuming you have no contractual obligation, you do not need to pay them while they are absent, but they may be short of cash, and a light pay packet could exacerbate their predicament.

Could they work remotely while they wait it out? Or take further annual leave? Some employers may even consider offering a short-term loan to be repaid once compensation is received. If you are prepared to offer this, you must put your terms in an email and they must agree to it before proceeding. Acting kindly in a crisis will normally be repaid in good will over the long term.

Summer socials

Like the work Christmas party, the summer social is a staple for many businesses. It brings the team together, is a token of thanks for their hard work, and allows everyone to have fun.

Just like the Christmas party, though, it is an event to be planned carefully, to ensure that you are not nursing more than a hangover the next day.

Vicarious liability is one of the main risks – where you as employer are held responsible for the bad behaviour of staff. Alcohol is often a root cause of trouble.

Reminding everyone in writing that it is an extension of the workplace, and therefore the usual company policies relating to things like harassment and discrimination, is good as both a deterrent and a line of defence for you should anything untoward occur. Think also about the balance of access to alcohol, food and soft drinks, ensuring you are not encouraging excessive drinking.

One way to subtly create a positive vibe could be to link the social to any charitable fundraising you undertake. Not only is it efficient use of precious time in planning both initiatives, but it adds an extra layer of propriety to your party.

Bless me, Father, for I have sinned!

In what the US Department of Labour described as amongst the “most shameless” schemes it has ever investigated, the owners of a Mexican restaurant in California were recently ordered to pay $140,000 in damages and back pay to staff.

One of their ruses was to hire a fake Catholic priest to conduct confessions which had an unusual focus on potential workplace misdemeanours. “Have you done anything to harm your employer?”, “Are you ever late to work?” were two of the lines of questioning from the supposed priest.

If you have concerns about the ethics of your workforce, we’d suggest a more conventional disciplinary and grievance procedure. And if you need help from a higher power – call The HR Dept!

Pensions pay gap

Attention has rightly been put on the gender pay gap in recent years. With annual reporting required for larger companies this gap is closing, albeit slowly.

But the same endemic issues which cause the gender pay gap – a greater childcare burden, the cumulative effect of lower rates of pay, a lack of access to senior positions – have also led to a pensions pay gap even more stark.

Throw into the mix a lack of financial confidence (generally speaking) in women compared to men and the problem is exacerbated. A survey by UBS found that 63% of UK millennial women deferred long-term financial planning to their husbands or male partners; 85% felt that men know more about investing than they did.

Analysis between 2018 and 2020 found that for every £100 which men accumulated in private pensions, women accumulated only £65. That puts the gap at 35%, although there are other ways of measuring it.

So what can you do as an employer, who wants to foster equality in your business and attract the best talent, be they male or female?

The same actions that you would take to address the gender pay gap are a good place to start – ensuring compliance with the Equality Act on pay rates for men and women doing similar work; checking that your recruitment, retention and promotion processes operate on a level playing field; running a supportive workplace that women do not feel forced to drop out of at key stages of family life.

Some businesses facilitate “lunch and learns” for their employees. These may even be offered for free by third-parties happy to impart knowledge in return for potential customers. Partnering with a local financial adviser could be an excellent way to make all your employees more confident about long-term financial planning.

Company expenses – how long do you take to pay?

The cost-of-living crisis has put sharp focus on a perennial bugbear for employees – the repayment of company expenses which they have had to fork out for from their personal funds.

It is not uncommon for expenses to be repaid at the end of the month, so long as all receipts and other paperwork are accounted for. If there are problems with this bookkeeping, it could take longer. This may result in weeks when employees are out of pocket.

A recent survey carried out by a payroll firm found that during the cost-of-living crisis a quarter of respondents had struggled to pay their own essential bills while waiting for reimbursement of company expenses.

For some employees the sums we are talking about will amount to thousands of pounds over the course of a year.

Such problems for employees can quite easily translate into problems for you. They could manifest as work-related stress which impacts performance; difficult conversations and conflict if the employee thinks that they are being taken advantage of; or higher turnover of staff as dissatisfied employees seek a new job where this will not be an issue.

If you recognise some of these challenges, there are simple, cost-effective measures you could consider. For instance, making your expenses runs more frequent – say fortnightly instead of monthly. Or allowing employees to book hotels and train fares with a company account and so skipping the issue of expenses altogether for these types of payment.

Maternity redundancy

As you will know, women on maternity leave have a number of protections enshrined in law, one of which is protection from redundancy.

This protection is in line to be extended following the royal assent granted to the Protection from Redundancy (Pregnancy and Family Leave) Act 2023.

Any employee on maternity leave, shared parental leave or adoption leave must be provided with a suitable alternative job (if available), should their role become redundant. Currently this protection lasts until the day they return from the leave.

When the new law comes into force (not before April 2024) the protection will last from the day you are informed of their pregnancy to 18 months after the birth. This may add up to another six months in total to what they already have.

Processing maternity leave and pay, and managing the changes to your business at this time is an important part of HR to get right. If you need support, your local HR Dept office can help.

Bring your dog to work day

As a nation of pet lovers, we jump at the chance to spend more time with our furry friends or show them off to those around us.

So National Bring your Dog to Work Day (Friday 23rd June), may be a crowd-pleaser in your office.

If you are keen to take part, it is not as simple as just inviting everyone to bring in their pooch, though. There is legwork to do first, and for some workplaces, it will not be possible.

If there are hygiene reasons which prevent you from taking part, you’ll probably be aware of them already – for example if you run a food preparation business. What may not be so obvious is where you have staff with chronic allergies or a phobia.

For this reason, it is important to ask staff for their approval. If one or two are not happy, could they be offered to work from home? You may be able to find a workaround.

If dogs will be coming through the door, a risk assessment will help you think through the safety issues. Is each dog suitable for a workplace? Where can and can’t they go? What is the procedure if something unexpected happens – like a dog bites someone?

Finally, remember work still needs to get done. So all dogs should be house trained, socialised and well behaved. Uncontrollable scrappers and yappers can stay at home.

Right to switch off

There is no “right to switch off” in the UK for employees at present. It may be coming though. There is such a right in countries such as France and Ireland. And Labour has indicated that they may introduce this right should they win the next election, although by a voluntary code at first.

The thinking behind this is that as technology and working patterns have upset the work/life balance for many people, there is a heightened risk of stress or even burnout. Employees may find it harder to build a family life and may look to change jobs to remedy the situation themselves. So businesses may need to create working patterns that relieve stress: such as “the right to switch off”.

While it is essential for businesses to ensure their employees are productive, good employers will want to respect the work/life balance. To give an indication of what a right to switch off might look like, the Irish model is based on three tenets:

1. A right not to routinely work outside of work hours.
2. A right to not suffer penalty for refusing to work outside of normal hours.
3. An obligation to respect each other’s right to switch off.

There does need to be balance, though, in any new approach.

For instance, some employees, working from home, may have arranged to take a break for child-care cover and then work a few hours early in the morning or later in the evening. Any legislation needs to allow flexibility and choice.

There are also situations where out of hours contact is important. For example, a change of a morning meeting or an emergency situation.

Drinking on the job

A £10,000 pint? Not quite, but an engineer who was disciplined for drinking beer on a Zoom call and eventually dismissed for persistent poor behaviour was ordered by a judge to pay £10,000 to cover his ex-employer’s legal costs. He had brought a tribunal claim against them for unfair dismissal which he lost.

And quite right, too – the judge noted how fairly they had treated the employee while they managed his behaviour. It was reported he even told the CEO to “Deal with it” as he sipped his pint! While many people have a favourite tipple, there is a time and a place – and “on the job” will not be it in most businesses.

Can workcations actually work?

A recent industry survey revealed that 76% of employees would be more likely to work for a company with a “work from anywhere” policy.

How would you feel about letting your employees work from anywhere in the world?

It may sound unrealistic and nomadic; and for many it will be – but if it is possible it doesn’t have to mean your employees working abroad full-time. Many just want the option to work remotely when on holiday, to extend their time away.

First, let’s not blur the technical lines between holiday and work. Working time regulations make it clear that everyone must have four weeks holiday – so an employee must be either “on the clock” or not.

That said, it has long been a practice for people to tag a couple of days (proper) holiday onto the end of a business trip. The workcation is the reverse – some time properly available and working for the business, but from the location of the holiday. It may be to fit in with an itinerary, get the benefit of a few extra days sunshine or, say, manage the interval between long-haul flights.

So now we are clear what we are talking about, what would the practical considerations be to facilitate it, should you wish to?

Time zones, connectivity and data protection should all be considered, and any one of these may make such working impracticable or impossible. For longer-term arrangements, issues like visas and taxation become an issue and specialist advice would be recommended.

Holidays don’t have to be abroad of course, and things become simpler when people want to “work from anywhere” domestically. It’s got to work for your business though. Weigh up the practicalities to you and your operations, your staff relations, how important such flexibility is for recruitment and retention and fairness across all staff.

A clear, consistent remote working policy will help your business deal with requests, and keep things fair for all employees. Just get in touch if you’d like any help updating a policy, or putting one in place.

Sickness absences are at an all-time high

The number of fit notes issued in the UK hit a record high last year – 10.4 million. In part, the increase has been attributed to the economic crisis and also to the impact of the pandemic, which has led to more stress-related absences.

If you’ve been noticing increased absences, it might be having negative effects on productivity, as well as increasing costs. It is important to manage them proactively.

Begin by ensuring you have a robust absence policy, so expectations are clear and phoney sickness days are discouraged. The HR Dept can help you implement a comprehensive policy, as well as introducing return-to-work interviews and measuring tools. For long-term absences, we can work with occupational health therapists to plan adjustments and phased returns.

If stress or anxiety is at play you’ll want to be supportive, but it’s not yours or your managers’ jobs to act as counsellors.

You can bring in tools like the Bradford Factor (see article below) to underpin your enforcement of absence policy objectively. You may also find employee assistance programmes (EAPs) good value for the business. They provide expert, independent support services for mental health and other issues like debt advice – taking the burden away from you.

Check that your culture encourages a healthy work-life balance. Both our physical and mental health are heavily impacted by work-life balance. Ensuring that workloads are evenly distributed, and that staff know when to switch off, will reduce the risk of stress.

In the face of so much absence a robust approach is important – not least so that those who do show up every day don’t get burnt out covering for persistently absent colleagues. If you’d like support, just get in touch.

I can’t work, I’m having a haircut!

If you wanted further proof that working from home is less productive than the office, recent payment data shows a rise in midweek expenditure at salons, whilst mobile phone data in the US showed a whopping 300% increase in 4pm Wednesday tee off times on the golf course.

So if everyone is sinking a putt or having a trim, who is manning the phone and getting the proposal finished?

Teams benefit from personal contact so that they can build trust, communicate efficiently and collaborate together. So getting everyone in one place at work is best.

If you can’t get everyone back in full-time, though, make sure you set very clear expectations about what is expected from them when working from home. While some employers may be comfortable basing this solely on output rather than having someone tied to a desk, it can be easy for standards to slip.

Repeated delays in returning phone calls while someone is out running errands or skipping a Zoom meeting because they are late back from lunch could end up costing clients or missing deadlines.

You could assess whether your own management style for home workers is too distant, not accounting for the lack of direct supervision and accountability that physical presence brings.

If you are worried they are doing their nails instead of working in sales and you would like help reviewing the standards that you expect from home workers during office hours, we can help.

Have you heard of the Bradford Factor?

The Bradford Factor is a formula used to measure employee absence. It works by calculating how many instances of unplanned absence an employee has in a year. As the number increases with each instance of absence, rather than the length, it assumes that repeated absences are worse for business than long-term illnesses.

Here’s the formula:

S² x D = B

S is the number of instances of absence. You multiply this number by itself.
D is the number of days absent in a 52 week period.
B is the Bradford Factor score.

Staff scores are applied to a framework of trigger points for warnings and ultimately dismissal.

So is it helpful? It’s arbitrary nature has pros and cons, but there are too many nuances for it to be the sole reference for judging the significance of absence levels. Better to have it in the background to help inform your decision-making, alongside good line management, such as return-to-work interviews.

The Great Unretirement

We recently blogged about the opportunity to recruit over-50s, following the Chancellor’s Budget announcements to encourage this demographic back to work.

Boosted by the impact of the cost of living crisis, this appears to be a very real trend which you can harness to help meet your staffing needs.

Figures from the Office for National Statistics show that in the 12 months to March 2023, the number of people younger than 64 who are in retirement fell by 93,000. It means the UK has the lowest number of early retirees since 1994.

From a strong work ethic to, some might say, greater resilience than younger generations there is much that over-50s hires could bring to your business. Give thought to how you might attract them, from what retraining might be required to where you advertise the roles.

For any help with recruitment, speak to your local HR Dept office.

You’re having a laugh.

Can laughing at an employee count as harassment? One employee recently thought so, after taking his boss to tribunal for laughing when he slipped on a patch of oil at work.

The employee lost the case, with the judge deeming his accusation “ridiculous”, putting the laughter down to the “slapstick element of a fall”.

A sense of fun in the workplace is important for helping to create an enjoyable and collaborative environment. But setting boundaries is key to prevent bullying or discrimination claims – avoid controversial or inappropriate jokes, and ensure your company has a staunch conflict resolution process and anti-bullying stance.

An over-long recruitment process could cost you talent…

While it is important to take your time when hiring, adding unnecessary delays to recruitment could cost you talent.

According to a 2022 recruitment report, 65% of employers worldwide lost out on their favourite candidate as their hiring process was too long.

As an SME, you may admire the recruitment processes that big corporations are able to develop; but if you can emulate their rigour whilst adding your nimbleness, this is a chance to beat them. Good preparation can unlock this, so planning is key.

The survey reported that 50% of all UK professionals have declined a job offer because the hiring process was too long. So in order to attract the best talent, you’ll want to keep it short and sweet whilst not missing the important parts. Here are some simple ways to keep your application process engaging…

Stick to tight timescales, and line up all those involved within your company so they are free to do the CV screening and interviews (factor in fall-back dates in case candidates are not available on the first interviews you offer). Hiring is often held up because managers are on holiday or busy.

If you know that you will get a good response, include a short cut-off time for applications.

Transparency with your candidates is key. In the invitation to the first interview, outline how the application will progress and the timescales involved. For example, how many interviews will there be? Will there be a task involved? If you can provide approximate dates for each stage, even better.

Initial telephone interviews generate momentum and save time as they are quicker to implement. They mean that face-to-face interviews are reserved for seeing only the best.

Stay in communication with your candidates throughout the process. Even if decisions haven’t been made yet, actively communicating with candidates will ensure your company appears a switched-on and engaging place to work.

Finally, don’t forget to respond to unsuccessful candidates: It’s simply good manners.

Ultimately, the best recruitment process is one that is thorough and works for you, but that keeps the applicant fully engaged. If you’d like more bespoke advice, just get in touch.

Make way for May – and its three bank holidays!

May is looking to be a manic month of bank holidays, with dates in the diary for the 1st, 8th, and 29th May. The extra holiday for the King’s coronation may be very welcome for your employees, but you might be wondering how to manage productivity with all the extra time off…

First, it’s crucial to know the rules – both in the law, and your own holiday policy. Bank holidays off are not necessarily a legal entitlement, it depends on how your contracts are worded.

Make sure employees know how much notice to give so you can plan ahead. It is common where bank holidays cluster together for some staff to request additional annual leave to achieve a long block of time away with relatively little holiday allowance expended.

If you are concerned that you will not have sufficient resources to operate fully during May, you do not automatically need to accept such time off requests.

If you foresee issues, talk to all staff – some may not be fussed whether they have time off in May or not; others may be glad of some overtime if you are prepared to offer it.

Whatever the needs of your business, a little planning now will help May pass smoothly and ensure that all the work that needs to be done is completed satisfactorily.

If, despite your best efforts, May turns into mayhem for you The HR Dept is just a phone call away to help you work out what you can do to fix it.

Spring clean your HR in three simple steps

Despite all the April showers, spring is definitely in the air. So why not freshen up your HR practices for the new season? Here are three easy ways to start:

1. Dust off your policies and procedures. It may have been a while since you last updated these, so take the time this spring to re-read and make key updates – particularly if things have changed in your business.
2. Want an easier way to keep organised? Consider HR software, like our HR Toolkit. This’ll help you keep everything in one place, from carrying out day-to-day HR tasks, to tracking employee records and reporting.
3. Brighten up your benefits and training. To help engage and retain employees, consider boosting your benefits package, or incorporating a new training initiative.

Just get in touch if you’d like any help updating your handbook or putting a unique package in place.

88% of businesses affected by payroll errors in 2022

Payroll  – it’s complicated, time-consuming and tedious… but kind of important to your employees! A 2022 industry survey reported that 88% of businesses were affected by payroll errors, resulting in delays or incorrect pay. Surely there’s a way to steer clear of this common pitfall?

Incorporating better technology could be the answer. According to the report, you could save 18 working days of payroll time by using digital payroll technology – well worth the investment. Using payroll software systemises and streamlines your pay processes, so errors should become rare.

Or, you could make things even simpler with a payroll service. At The HR Dept, we offer a payroll partner service to help with all aspects of payroll – from setting up employees, to pension enrolment and sending payslips. For a professional and error-free payroll, just get in touch.

Preparing for maternity cover

Being ready to manage maternity leave is part and parcel of running a business. It is the law but it doesn’t have to be daunting. In fact, it’s an opportunity to show that your workplace values equality and retains experienced staff.

Here’s how to help things go smoothly.

It’s best to plan straight away. As soon as your employee lets you know, it’s time to get all the information and start planning how you’ll cover their role. There are some statutory timescales to adhere to on both sides.

Decide whether you’ll employ a temporary maternity cover, or outsource. Our own recruitment service can help you attract the best candidate, especially if maternity cover is new to you – just get in touch!

For a smooth handover, ensure there’s ample time to train the covering employee, and for them to be briefed by the departing staff member.

For any more guidance, feel free to contact our friendly team.

Please find attached… embarrassing email fails

Have you ever been trying to sleep, and suddenly all your most cringeworthy memories flood into your head? Let’s hope they’re not as awkward as these email mishaps from the web…

One agency worker accidentally sent a job application to a sister agency under the same umbrella company. Needless to say her boss soon found out she wanted to leave!

How often have you sent an email to the wrong person? It’s even worse if it is someone you are criticising! At another company, an employee emailed the very person they were complaining about. They were lucky though; they deleted it off their computer just in time!

A jarring reminder to never rush an email… and make sure you’re not replying all unless you mean too!

Grievance season

An industry survey conducted towards the end of 2022 shows we truly are in grievance season, with 30% of employers seeing a rise in grievances over the last two years.

There is the usual dissatisfaction about workplace conditions, including a broken or unusable toilet and kitchen facilities, problems with workplace temperatures and perennial arguments about parking.

However, the survey reported the main cause of grievances in recent times to be relationships with managers or colleagues. Broken down, the top three reasons for grievances were:

• Bullying or harassment (67%)
• Relationships with managers (54%)
• Relationships with colleagues (49%)

More topically, 37% reported pay and grading as their primary cause of grievance. With rising costs of living and surging inflation, this will come as no surprise. The recent winter of discontent, which continues to see industrial action, is a glaring reminder of employee pay dissatisfaction.

When it comes to resolution of these issues, four in ten respondents said managers were ineffective at resolving complaints before they reached a formal grievance level.

Have you noticed an uptick in complaints? It’s not all doom and gloom – there are steps that can be taken to resolve grievances and improve employer-employee relations.

Fostering a supportive business culture which offers open communication to employees is key.

Your employees should feel comfortable that they can raise complaints informally at first, in the knowledge they will be addressed and discussed fairly. When you establish this trust, and support those involved at every stage, complaints are more likely to be resolved than if they’re escalated to a formal level.

The survey also shows some managers feel lacking in the training required to deal with complaints. To be a successful manager, it’s crucial to have the skills and knowledge to handle and resolve complaints. Our training courses can help to provide these skills.

When a grievance does arise, it’s essential that you have a proper grievance policy in place. This will include the structured steps you will follow to resolve it fairly. If you’d like support in producing a grievance policy, please get in touch. In this season of grievances, it’s best to be well prepared.

Four-day-week?

It will seem radical to many, but the results are in for early trials of a four-day working week. They’ve been a resounding success. At the end of the six-month trial, which ran from June to December of 2022, almost all of the 61 employers involved are sticking to the four-day pattern.

The idea isn’t to squeeze five days’ work into four, but to maintain 100% of salary and productivity over 80% of typical hours. The key for it to work is productivity. So far, the majority of companies taking part have reported that they are happy with performance levels, and many employees have noted increased productivity.

The main benefit of the shortened week was found to be employee well-being. With staff happiness up, employees are less likely to quit, and sick days and absenteeism have reduced. The financial benefits of higher staff retention are undeniable, when the total costs of hiring can easily run into thousands of pounds, depending on the role.

A four-day week doesn’t always mean a long weekend, with either a Monday or Friday being freed up. Businesses that provide services all week, for example a brewery and fish and chip shop involved in the trial, could opt for a rota pattern, with the extra day off being mid-week for some instead.

Whether the four-day week will maintain long-term productivity is unclear. But the trial’s success in creating happier workplaces is testament to the importance of a true work-life balance.

Of course with budgets tight, the four-day pattern is not feasible for many businesses right now, and may require quite a mindset shift for you as an employer and your employees. If it is something you wish to explore, please do get in touch.

Is AI taking over?

AI has been taking over in the news recently, and there are fears it may take over creative job roles too.

The emergence of tools like ChatGPT and Midjourney has proven AI’s capacity to generate complex written and visual content, ranging from articles and graphics, to songs and award-winning artworks.

The question this raises for employers and employees alike: could AI ultimately replace creative job roles?

The jury’s still out. Although AI is quicker and cheaper than a human workforce, it isn’t perfect. AI works by mining the Internet’s existing content, so copyright issues are a concern. And AI output still requires editing by human minds, so can’t replicate human flair.

AI’s encroachment in the creative industries seems inevitable, so perhaps the best approach is to embrace it. If employees work alongside AI, human and computed creativity could be combined for the better, helping businesses work smarter, instead of harder

What to look out for when a employee leaves

Never underestimate the importance of tying up loose ends when an employee leaves.

Something as simple as an employee taking documents away could escalate into a more serious security issue – take Donald Trump as an extreme example, his properties raided after being suspected of retaining classified White House documents once his presidency had ended.

To protect your business after an employee leaves, particularly an unhappy one, thought needs to be given to the contract when they join. Do you need a restrictive covenant to protect the business from customers and staff being poached?  Restrictive covenants must be properly drafted to be effective so do take professional advice.

There should be a process for ensuring that keys, laptops, mobiles and all company information is returned before they leave the building. IT access should be immediately switched off and door codes changed.

To ensure correct procedures are followed every time, talk to us about a leaver’s checklist – so all bases are covered.

The Lionesses lead the way

On International Women’s Day, it was announced that the England women’s team secured a victory off the field to add to the many they have won on it.

An open letter to government, sent after winning the Euros, called for girls to be given equal access to all sports in PE. On 8th March this was granted – with up to £600 million earmarked to improve PE and sports in Primary School.

After decades of gender inequality in football, the Lionesses have shown that with fair opportunity and investment, women can, of course, deliver just like men.

Businesses can create the same opportunity and make big productivity gains if they harness all the talent available to them. Have you got the best team you could hope for or would you like to explore new ways to attract the best talent? We can help by reviewing how your roles are structured, advertised and filled.

Hands off!

Whether it’s a stolen sandwich, milk levels mysteriously waning, or chocolates disappearing, few workplaces are free from the office thief.

One milk theft victim sought vengeance by spiking the carton with laxatives. Others have padlocked their lunch, or set noisy traps to catch the thieves.

Revenge is a dish best served… with MSG? One employee with an alleged MSG allergy was mortified when she dug into Chinese leftovers without checking the ingredients first.

One simple solution? Keep the peace by investing in communal milk for your kitchen.

Supporting employees going through divorce

The findings of a recent study by the Positive Parenting Alliance provide some useful insight to SMEs on the impact that divorce can have on employees in their workplace.

Almost all respondents said that their performance suffered (90%) and mental health declined (95%). Nearly 40% said that they had needed to take time off, and less than 10% said their employers had specific support measures for this difficult time.

An earlier study, undertaken in 2021, found that one out of eight people who experienced divorce left their company within a year, too.

With drops in productivity, recruitment costs and the desire to help valued colleagues during a low point in their life, the case for offering more support is clear.

So what might employer support look like?

It could simply be good line management in exercising discretion based on the needs of the individual. Gestures like additional flexible working while the school run is sorted out, or solicitor’s meetings need to be attended, and signposting of separation support services which charities provide.

Running an employee assistance programme (EAP), so useful in a variety of scenarios, will come into its own when a staff member experiences divorce. It will take some of the pressure off line managers who may feel a little out of their depth. At only a few pounds per month per employee, we really do think they are a way to deliver real value in a benefits package.

Of course, your support could be more formalised by recognising separation as a life event within your policies which deal with employee well-being, and may be linked to compassionate leave – whether paid or unpaid.

Great line management, whether coming directly from you as a business owner or from managers you employ, is key to delivering empathetic and effective solutions during adversity. If you would like to explore the training options we can provide, please get in touch. We can also tell you more about EAPs if you are interested.

Considering women’s safety and work

Health and safety legislation should ensure that a workplace itself is a safe environment for everyone, male or female, young or old.

However, the steady stream of grim news concerning women’s safety more generally in society may lead you to consider if there is more you can do.

Obviously, there are boundaries to what is possible or practicable, but here are two ideas which may be achievable.

A 2022 survey of 1,008 working women in the UK found that 40% of respondents felt vulnerable about commuting in the dark and 32% felt unsafe. As much as 88% of the women said they felt companies should be more open to flexible working options.

Since the pandemic, there has been much more discussion and indeed implementation of flexible working. However, safe commuting is often not what is driving the discussion.

Simple steps such as well-lit car parks, escorting someone to their vehicle or bus stop can make a difference.

Moving on, domestic violence is another big issue. Ensure a domestic violence policy is available to all staff and train managers to learn the signs and flag support. These could include unexplained absences, changes in behaviour and accidental injuries (often dismissed as the individual being accident prone).

If you have suspicions, discretion is advised and confidentiality essential. Make it clear your door is always open for them to come to you. An employee assistance programme (EAP) can help: either by your referring them to the counselling services provided, or a victim calling upon it privately, if they aren’t ready to discuss what’s going on with colleagues.

You could also flag specialist charities like Safe Lives, Refuge and Men’s Advice (men can be abused too).

If you don’t have one already, introducing a company policy is a great way to communicate that you care and raise awareness. We can help with this and with training.

Quiet hiring – is this the new HR catchphrase?

Quiet hiring is actually a term for a long-established HR practice of redeploying existing staff (and sometimes augmenting the team with contractors or part-time workers). It’s a bit of a buzzword at the moment due to the pressures that so many companies are feeling when trying to get the right staff in place.

It could be a useful tactic if you are experiencing recruitment and retention problems. Reskilling existing team members to be able to help out where they are needed most may take away some of the acute need for recruiting.

Moreover, if you can match the right people to the right new roles, you may find it actually helps with retention by shaking things up for staff who felt they were stuck in a rut (and even quiet quitting themselves).

It may not provide the long-term equilibrium you need and you should be careful of things like staff burn-out if your team is stretched too thin. As a short-term solution, though, it could be the catchphrase you have been looking for.

Return of the office worker

It’s taken a perfect (snow) storm of cold weather, feelings of isolation and rising household bills, but there has been a certain shift in people rejecting working from home.

A survey from the recruitment sector revealed that one in five workers are returning to the office because of the cold snaps we have been experiencing.

Opinion is divided over how the pros and cons of remote or hybrid working stack up, but if you have a desire to bring your team together this could be a golden opportunity.

We’d suggest being really clear about what you are trying to achieve by having people come in, and also, crucially, what it is they most appreciate in a workspace. Is the equipment up to spec? Is it comfortable and conducive to working? Are there separate spaces to concentrate and collaborate as the need arises?

Create the right environment and culture to keep people wanting to come back to the office.

Do you truly stand for women?

International Women’s Day is approaching – it is on 8th March. It is a timely moment to consider whether women’s equality truly runs through your business.

Last year, many big brands faced an uncomfortable public shaming as the inspirational tweets promoting women in their business were blindsided by someone highlighting their gender pay gap.

It could be worse in 2023. Recent data from the Office for National Statistics shows that the gender pay gap has widened from 7.7% to 8.3% amongst full-time employees.

Companies with fewer than 250 employees don’t have to report their gender pay gap. Even so, International Women’s Day is the perfect opportunity to reflect whether you have a gender pay gap yourself and how you might address it, before posting your support on social media.

Employee Appreciation Day – Is a pizza party cutting it?

Whatever you do, don’t throw a pizza party on Employee Appreciation Day (first Friday of March)! While it may be well-intentioned, those things are taking a hammering in Internet memes and cartoons. They have become a symbol of an empty gesture to an under-appreciated workforce.

It highlights the paradox which can be exposed on such an appreciation day if you are not doing enough to reward staff for the other 364 days of the year. We recently shared some health-themed benefits in a blog which has some great ideas for valued employee benefits that last a whole year and beyond – not just a day.

We also provide employee benefit reviews if you would like an expert to assess if what you offer is relevant, competitive and offers you value for money.

Employment law outlook for 2023. What can SMEs expect?

2023 is likely to be a busy year in employment law with plenty of changes for SME employers to look out for.

The spark for the most significant changes on the horizon is the Retained EU Law (Revocation and Reform) Bill. Yes, it’s another Brexit thing, but this could be seen as tying up all the loose ends from our departure from the EU.

Currently, if there is a conflict between UK and EU law, EU law takes priority. This will stop after 31 December 2023 as this Act allows the government to scrap or replace all the EU laws we have retained since Brexit.

There is a lot to get through and already there is talk of postponing this to 2026. We expect the eventual shake-up of employment law to affect Working Time Regulations, Agency Regulations and TUPE.

Some of these changes will be welcomed by business, such as allowing harmonisation of terms and conditions after TUPE. There is a lot of hype about it all but in the end it may be a totally damp squib!

A slew of private members’ bills is also working through parliament with government support.

When passed these will give workers more rights around requesting flexible working; add further protections for staff against sexual harassment; introduce a right to unpaid carers’ leave for employees who have dependants requiring long-term care; and extending redundancy protection related to maternity, adoption and shared parental leave to include any period of pregnancy and a number of months afterwards.

There may also be legislation introducing a right to neonatal leave and pay; and, for the hospitality sector, new laws on the fair distribution of tips.

All of the above will take time to percolate through parliament; but one thing that’s certain for the first half of 2023 is the raising of various statutory rates on 6^th April. Headlines here include the national living wage increasing 9.7% to £10.42 per hour for people from their 23^rd birthday, and the statutory sick pay rate rising from £99.35 to £109.40.

Ways to get more productivity from your workforce

Good productivity is at the heart of running a successful business, and yet lots of companies struggle. Indeed, it’s well known that the UK lags many other developed countries when it comes to productivity per hour worked. ONS figures for 2019 show that, surprisingly, compared to France we are nearly 20% less productive!

If you face productivity challenges, it is worth revisiting some management basics to see if any easy wins are available to you. Get this right in your business, and the rewards will follow.

How well defined are your job roles and the responsibilities that accompany them? If team members are unsure of their remit, you may find that they spend time on unnecessary tasks or that important jobs do not get done. You may even uncover a redundant role or roles.

When defining your roles, ensure you set targets so you and your team can measure progress. SMART targets are best – that is Specific, Measurable, Achievable, Realistic and Timely.

Other productivity killers are issues like absence or poor timekeeping. You should have policies which set out your expectations for these and give you a framework to manage non-compliance. With your policy in place, however, you still need to measure performance so be sure to track when people are away or repeatedly late. Talk to us about our HR toolkit software if you want a technological tool to help with this.

Another essential management tool is good communication. Most business owners will know how to create channels like an open-door policy and regular 121s, but if you want more advanced communication training get in touch with your local HR Dept office.

Four weddings and a tribunal?

Love them or loathe them, rom coms are well established in our culture. Just as Hollywood serves up its latest offerings for Valentine’s Day, you may see a romantic drama unfolding a little closer to home – the cliched office romance between staff.

In fact, research says that 25% of people in the UK are paired off with a colleague or former colleague, suggesting managing the fallout from such relationships is a near certainty for most business owners at some point.

While some firms will ban such relationships outright, this is a tricky one to police. That’s not to say, however, that you should do nothing.

Of course, it is not the relationship itself which is the problem, but potential behaviours that go with it, be they over-familiarity and favouritism, or open rows and prejudice; particularly if there is an imbalance of power, i.e. a manager and a staff member are involved.

Clarity is necessary, either through a workplace relationship policy or just your disciplinary policy. Good communication is also needed, so everyone understands what is and isn’t acceptable and what the consequences are for contravening your rules.

This is not the only benefit: being clear on such policies has the added benefit of lessening the risk of sexual harassment from unwanted advances, too – both for employees and in terms of your own liability.

If you want help reviewing your policies or writing new ones, get in touch.

Age is but a number

A Legal and General study has revealed that 2.5 million people feel they need to stay in work for longer because of the cost-of-living crisis, while 1.7 million people think they’ll have to work indefinitely!

This could be timely for many businesses who are struggling to fill roles. But how can you optimise your business for an ageing workforce, making older people feel welcome and valued?

As with other aspects of diversity and inclusion, it may require a cultural reset to see beyond stereotypes and understand their value. That said, people do tend to develop more health issues as they get older and may, for instance, have caring responsibilities – from grandchildren to siblings and even ancient parents.

Like so many other challenges in the workplace, introducing flexible working such as alternative working hours, job shares or hybrid working might be the answer.

The benefits to you include getting those vacant roles filled, having experienced people on the team who can share knowledge, and a more diverse workforce which can connect to a wider customer base.

Flexible friends

When looking at the upcoming changes in 2023 earlier in the newsletter we touched upon a private member’s bill extending rights around requesting flexible working.

Flexible working must always work for the business too, and for some it simply will not be possible. However, it is worth keeping front of mind that it is not limited to working from home. It could mean starting and finishing earlier (or later), job-sharing, compressed hours (working the same number of hours in fewer days), anything that deviates from that traditional nine-to-five office-based view…

The new rules will give employees a day-one right to request flexible working (down from 26 weeks), and reduce your response time from three months to two. Employees will no longer have to explain how you could accommodate their request, and before you refuse it you must consult and explore options with your employee (you can still refuse a request, though).

By embracing flexible working where possible, you will extend the base from which you recruit; and create opportunities for a happier, more productive workforce who can properly balance their work and home lives.

Surreal employment tribunals

From refusing to play older tunes in a gym to being sacked for going to lunch, 2022 saw some bizarre employment tribunals.

Going to court is never a fun experience; but looking from afar, some of the cases we have seen recently do raise eyebrows.

The lady that legitimately lunched angered her boss by taking two colleagues out at a time of company crisis. She was awarded £11,000.

The gym owners were accused of age discrimination by an employee for only playing modern music. They successfully argued their playlist was part of their brand and the claim was thrown out.

In France, a man won £2,500 for exercising his “right to be boring”. He was sacked for not partaking in hedonistic, out-of-hours socialising with his colleagues at a consulting firm.

Of course with expert advice on hand, HR Dept clients are at far lower risk of tribunal. And even if you face a hearing, as long as you followed our advice from the outset you will be protected by our tribunal indemnity insurance.

Retaining your best staff in the face of redundancy

In the three months to September 2022, according to Statista, there were 75,000 redundancies made in the UK. 

The economy is declining, and the Chancellor is predicting it will get worse before it gets better. Many firms who have already made savings and put expansion plans on hold are now looking at taking significant costs out. This usually means restructuring and redundancies.  

How to retain the best staff for the future is often the biggest question facing business owners. 

The legal process for redundancy must always be followed. This starts with a consultation. It is not good enough to simply present the business case as a fait accompli and proceed at speed. 

Listening to employees can, on occasions, produce surprising ideas and offers, such as a temporary reduction in pay to save jobs.  

The next stage is vital. It involves grouping all the people with the same or similar roles who will be at risk of redundancy and marking a selection criteria.  

Do remember to make reasonable adjustments in the scoring for disabled employees. 

Typical criteria are attendance, performance and live disciplinary records, but can include specific business needs. The marking must be evidence based, as this is the way that you can fairly ensure your best staff survive.  

It is worth having professional help at this stage to avoid the risk of an unfair dismissal claim.  

Don’t forget there is a cost to redundancy: statutory or contractual company redundancy pay, notice pay and any accrued holiday that has not been taken. 

Even employees with under two years’ service can make a tribunal claim for unlawful deduction from wages. 

We know this is a difficult time for employers and employees alike. Handling the process professionally and with compassion can make a difference not only to those leaving but to the remaining staff as well. 

The recent firings and redundancies by Elon Musk at Twitter should serve as a stark reminder of how not to handle the situation! 

Keep your Christmas parties PG!

After two years of pandemic-related restrictions and uncertainty, work Christmas parties are making a comeback. 

With no restrictions to consider this year, it’s important to keep your parties PG! 

Otherwise, your employees could wake up with more than just a hangover… 

One of the most common party regrets is getting a little too friendly with a co-worker. An industry survey found that 45% of people have locked lips with a colleague! 

Statistics like this can cause some HR professionals to shudder at the thought of what could go wrong. 

It can be easy for parties to go awry, but reminding your employees that the party is still an extension of the workplace, will help to act as a deterrent. 

The survey found that 58% of employees intend not to drink too much, so those numbers may provide some comfort.  

Before letting your employees celebrate the festive season, ensure you make it clear what behaviour is unacceptable and the consequences of breaching your policies. Employers are responsible for employee’s behaviour – even at out-of-work events. 

Also, avoid discussing things such as salary, performance, and career prospects with your employees at the party.  

There have been incidents where promises that have been made to an employee whilst under the influence of alcohol have been upheld by employment tribunals, even when the employer did not intend for this to be the case. 

But most importantly, make sure you and your team can eat, drink and be merry (within reason!). 

The company who cancelled Christmas 

The threat of cancelling Christmas is usually reserved for parents when trying to warn their children to behave.  

However, one company has cancelled Christmas for their employees. Their Christmas annual leave to be precise.  

Due to a real terms pay cut, employees at Thomas Swann have decided to go on strike over the festive period. 

In response, the company has cancelled all pre-booked holiday over Christmas. 

It may leave you wondering: is this allowed? 

Technically, yes. Employers can cancel employees’ annual leave that has previously been approved if there is a business need. 

You cannot cancel leave if it means your employee is then unable to take their full statutory annual leave entitlement in that leave year, though. 

You must also provide notice equivalent to the period of leave the employee planned to take. 

Cancelling leave, especially at this time of year, is an extreme reaction. Few companies will be comfortable being branded Scrooge on social media! 

Inclusion for all at Christmas

From the 20th November to 24th January, there are around 14 different religious holidays celebrated worldwide. 

So, it’s key to recognise that some in your business may not celebrate Christmas.  

The way you celebrate holidays at work will frame your company culture and can impact inclusivity. 

Beyond the minimum requirements set out by UK law, it is a good idea to promote inclusivity amongst your employees to encourage equality, fairness and appreciation of others.  

Give employees the choice as to whether or not they’d like to participate in festive activities. If they don’t, ensure they are not treated detrimentally.  

Don’t be afraid to keep the spirit alive, but if you can, cater to all. Perhaps you can organise a lunch to celebrate a successful year! 

However you choose to celebrate, just make sure that everyone is included and comfortable. 

Your right to be boring

At a recent French employment tribunal, a judge upheld a man’s legal right to be “boring” at work. 

Mr T was fired from his job in Paris as he did not want to go for a drink with his colleagues after work. He argued that he had a right to be boring.  

He was dismissed on grounds of professional inadequacy.  

However, the court also found that the company often engaged in “humiliating and intrusive practices”, such as colleagues sharing beds during seminars and the use of nicknames.  

Agreeing that Mr T shouldn’t have to take part in such practices, the court awarded him the equivalent of £2,574. He is also seeking the equivalent of an additional £395,630 in damages. 

This case can serve as reminder this festive season that not everyone is a Scrooge if they don’t want to participate in festive activities! 

Party or pay? What do your employees want?

As the cost of living crisis continues, it can be hard for people to spend money on things they deem as unnecessary.  

Unfortunately, the workplace Christmas party hasn’t escaped this scrutiny.  

One recent workplace survey revealed that 94% of respondents would rather their employer use the Christmas party budget for staff bonuses instead. 

Creating open and honest communication with your team could help you understand how they’re feeling. This could lead to collaborative discussions on what you could do to mark the festive season.  

Perhaps asking your team to anonymously submit ideas would give you a good indication of what they would like.  

Happy employees, happy SMEs

Happy employees can only mean good things for your business. However, a recent study has shown that only 25% of employees feel confident in their career at their current company. Why are so many employees having doubts? 

One reason may be that fewer than one in three employees surveyed knew how to progress in their current career over the next five years. The survey revealed that only 50% said their manager gave them specific feedback on career progression. 

It appears developing skills outside of roles is a priority to employees. The majority said it was more, or equally, important now than before the pandemic to do so. 

Providing your employees with the opportunity to grow is key to retaining them. As part of your performance appraisal procedures, introducing a training and development plan can boost your employees’ satisfaction.  

The study also found that 41% of employees did not feel comfortable sharing concerns at work with their managers. So, it goes without saying that creating an open and honest culture is invaluable.  

If your employees have the confidence to come to you with any issues, it is much easier for you to address them. This will help boost morale and will potentially avoid them becoming dissatisfied and looking for a new role elsewhere. 

The results revealed that 75% of those surveyed also wanted to dedicate more time to their personal lives, whilst two-thirds wanted to find a purpose beyond work. Work/life balance is important to your employees, so being able to work in an environment where this is considered will contribute to their job satisfaction and overall happiness whilst working for you.  

For many businesses, hybrid and flexible working has become far easier to implement since the pandemic. So, if it works for your business, it is worth considering. 

In turn, your employees are more likely to repay you with dedication and loyalty. 

Supporting employees with baby loss

Baby loss is an unimaginable tragedy for anyone to go through, and having support from those around them is important as they grieve. 

Unfortunately, according to CIPD research, one in five employees who have suffered baby loss did not receive any support from their employer. 

Employers do need to acknowledge pregnancy loss and baby loss as an important workplace issue. 

However, the CIPD found that only just over half of employers provide support to employees who experience pregnancy loss before 24 weeks. 

This goes hand in hand with how employees felt regarding support from their organisations, with 24% of employees considering leaving their job and 24% thought about reducing their hours. 

It is thought one in four pregnancies in the UK ends in loss during pregnancy or birth. With much of the UK workforce being of the age when they will be looking to start or grow a family, sadly it is likely that at some point members of your team may experience such loss. 

Therefore, it is best to be prepared and take this issue seriously, considering what you can do to help your employees should tragedy strike.  

Individuals’ responses to grief is varied. By talking to them you could explore areas such as if a phased return to work would help and how they want the information to be shared with colleagues. 

Having access to an Employee Assistance Programme (EAP) is very beneficial in such circumstances, so you could consider this for your employee benefits package if you do not already offer one. 

To snoop or not to snoop?

Some employers have struggled with trusting their staff to do their jobs whilst working remotely. 

An employee at an American software company was fired when he refused to keep his webcam on throughout an eight-hour training session while he was working remotely in the Netherlands. The employee said it made him uncomfortable and felt like it was an invasion of privacy. He received the equivalent of £44,000 at a tribunal.  

Even though this specific case occurred overseas, such surveillance is still an issue in the UK.  

One in five companies has admitted to installing technology to snoop on staff, or is thinking of doing so. This includes things like how long employees take to read and respond to messages, checking attendance or to secretly film them from their screen. 

But is this legal? Technically yes. Monitoring employees who are working remotely or at the office isn’t illegal if it complies with certain regulations. 

However, if this is something you are considering you need to show there is a legitimate interest and how the data will be used and stored.  

Remember to gain your employees’ consent and circulate a policy to inform them what is going on. All staff should be treated equally to avoid discrimination claims and you should be mindful of well-being, health and the hours people are working. 

Discrimination can cost you

An employment tribunal can be costly and damaging to any employer’s reputation, particularly if it involves a discrimination claim. Just look at this recent example from a Vodafone franchise. 

An LGBT+ employee was awarded £30,000 from a tribunal after she suffered harassment in the workplace. 

Ms C was subjected to multiple inappropriate questions and statements during the three-month period. This included being told she looked like a “normal lassie” despite being gay, one worker telling her that they didn’t think LGBT+ should be taught in schools and being told that she “wasn’t financially driven” because she didn’t have children. 

This case serves as a reminder about how important it is to avoid discrimination, bullying and harassment in the workplace.  

Do you have the culture and policies to protect your business and staff from such a scenario? Ensuring everyone is treated with respect and that sexist, racist or ageist comments are never acceptable (whether passed off as banter or not) will create a better working environment for all.  

If you need help strengthening your disciplinary and grievance procedures, please get in touch. 

Four is the magic number

While we await the findings of the official four-day working week pilot, it has already caused a lot of discussion.  

There are concerns about how businesses would manage, how much staff would be paid and how to cover five days’ work in just four. What about the upside though? Many employees would naturally jump at the chance for a four-day week, giving employers who could embrace it a major advantage in recruitment and retention. 

In fact, a new study on workplace benefits shows 68% of people in the UK would leave their current role if they were offered a similar one elsewhere with a four-day working week. 

Although there are obvious benefits to employees, it remains to be seen how many employers begin to offer this option to their staff – it must work for the business too.  

Who let the dogs out?

As the most popular pet in the UK, dogs are a topic of conversation in offices up and down the country – but have those furry friends made their way into your office yet? 

With more and more businesses letting dogs into the workplace, there are some benefits of having pets around. Including: 

• Improved morale 
• Reduced stress 
• Increased productivity 
• Increased retention 

Before welcoming pooches into your office, make sure you implement a policy considering the rules the owners should follow, like setting up a rota of who can bring their dogs in on what day, making sure they’re friendly and well-behaved and most importantly – where they can go to the loo! 

It is also important to check whether all your employees are on board and if there are any allergies. 

Weighing up the cost of working 

Everyone is feeling the bite of the cost of living crisis now. Bills and prices are soaring left, right and centre. Many people are facing a difficult winter and becoming more mindful of when and where they spend their money.  

Enter the cost of working crisis. 

As some employers are keen for staff to return to the office, it has left many employees concerned. According to a survey from Adaptavist, over 1,200 UK employees said that due to inflation and cost of living, returning to the office is something they are worried about.  

Rocketing gas and electricity bills have made working from home more expensive, but 44% of surveyed UK employees say that they are worried about the additional costs of working from the office full time. This includes things like not being able to afford the commute due to train or petrol prices.  

If it is an issue in your business, could you consider offsetting this worry by offering things such as a commute reimbursement or free parking? In the survey, 29% of employees said this could tempt them back in. 

However, many employees are preferring the hybrid approach, with their time spent between the office and home. Working from home comes with its benefits, such as a better work/life balance, fewer distractions and saved time and money on commuting.  

It also makes being in the office more valuable, with employees having face-to-face time for meetings, building team relationships, and elevating the company culture – employees may feel better about only having to come in a few times a week, as opposed to every day.  

If you can be alive to this, you will be well placed. Nearly 75% of employees said returning to the office will nullify the most important of their workplace freedoms. 

Hybrid working can work out as cost-effective for employers and employees alike. Businesses can really benefit from the time where their employees are in the office and use it as an opportunity to gather the team, collaborate and reinforce everyone’s purpose. 

Stay on the right side of redundancy law

In this economic climate, you may be looking to reduce expenditure. Like many businesses you might recognise your people as being a major cost and consider a restructure resulting in redundancies as the answer. There has been a huge 103% increase in businesses planning to make redundancies this year, according to data from the Office for National Statistics. 

But is making an employee redundant a legally justified reason for saving your business money?  

To qualify legally, you would need to have ceased operating where the person or persons were employed, have closed completely or be reducing the head count because you no longer need as many staff as you used to. 

The cost of living crisis is likely to provide legal justification for employers to consider making redundancies. The first step is to check your redundancy policy or any contractual considerations before setting out the business case clearly. This will include all the options you have considered before commencing a consultation process, as this will help protect you from any possible tribunal claim. 

Don’t fear the gap!

You may look at a potential employee’s CV with horror when you see a gap in employment, but don’t fear! Around one in three people in the UK have had a career gap. 

It can be hard to know whether someone has the skills for a role if they take a break from employment. You want to make sure you are hiring the best talent for the job, but are worried their skills have faded during their time off.  

People step away from work for a variety of reasons including childcare, mental or physical health, redundancy or caring for a relative. Sometimes they’ve taken a career break to fulfil personal goals such as continuing education or going travelling. 

The #DontMindTheGap campaign group is asking organisations to stop requesting dates on CVs and instead ask for number of years’ experience. That way, those with employment gaps aren’t unfairly excluded from the recruitment process. 

Time off for religious holidays

October 24th marks the start of the Hindu festival Diwali, and the Christmas period is creeping up on us, too. With times of celebration approaching for many different cultures, are employees entitled to time to observe religious holidays? 

In short, there is no automatic right to time off to observe religious holidays. However, if you’d like to avoid claims covered by religious discrimination legislation, it is a good idea to be supportive of those employees who wish to take time off during these events, if your business allows. 

SMEs can implement their own policy and could consider things like allowing employees to use their holiday entitlement or taking unpaid leave. 

It is also important to be aware that it may not be just one or two employees who would like the same holiday off. So, ensure you keep your policy on procedural matters in mind when dealing with requests. 

Are you considering employee health issues? 

Ms Raja was a lawyer who worked as a deputy company secretary at Starling Bank. In March 2020 she was dismissed after she told her manager that she needed to talk about her working arrangements. The pandemic was worsening and she suffered from asthma. Starling said she was dismissed due to performance concerns. However, Ms Raja claimed she had not been made aware of these before she lost her job. 

In late 2019, Ms Raja had to take sick leave due to her asthma and in March 2020, after receiving an email from HR about the company’s monitoring of COVID, she asked to speak to her boss about her medical condition. He told her she would be dismissed because of her performance. 

The tribunal agreed Ms Raja has been treated unfavourably because of something arising from disability in respect of her dismissal. It also found Ms Raja was subject to detriment as a meeting was not held to discuss her health and safety concerns. 

We wait to see the level of compensation to be received by Ms Raja, but it will prove costly. 

This case also serves as warning to employers to take any employee health issues seriously and consider what you can do to accommodate them reasonably. 

Be a good sport…

For some, football is a way of life. Their team colours run through their veins. 

However, in the case of contractor Edward McClung, an employment tribunal ruled that his support of Glasgow Rangers did not constitute a philosophical belief. 

Mr McClung filed an employment tribunal because he believed his boss, a Celtic supporter, did not offer him further employment because he supported the rival team. 

While working for the construction firm, Mr McClung alleged that a fellow employee told him he was “unusually okay for a Rangers fan”. 

Mr McClung gave a detailed account of his passion for football, but ultimately was unable to persuade the tribunal that being a football fan was a belief system. Therefore, he wasn’t protected by the Equality Act 2010. 

Finding the right person for the job

You have probably seen in the news the furore surrounding the appointment of a man in the role of period dignity officer in Scotland. The decision rightly drew fierce criticism from many quarters.

It may have raised questions for you as an employer as to whether you can specify the sex of a person for a role you want to fill. After all, under the Equality Act 2010 discrimination can start at the job advert stage.

Gone are the days when many specific jobs were once seen as only being for men or women, like a nurse, cabin crew or firefighter. Fortunately, there is still provision in the law for a role such as period dignity officer to be the preserve of women.

This is permitted by a defined exception within the Equality Act 2010, referred to as occupational requirements. These are applicable when a job can only be performed by someone with a specific protected characteristic.

For example, a teacher of a specific religion holding those religious beliefs or, as may be argued in the case of the period dignity officer, being of female sex. This is seen as a proportionate means of achieving a legitimate aim.

Companies wishing to increase the diversity of their team can also legally take a proactive approach to achieve this in the workplace. For instance, they could carefully target job adverts or training to help disadvantaged groups.

It is worth seriously considering where to place adverts to widen the selection pool. The recruitment process must be fair though, and if there are two candidates of equal ability the preferred characteristic can be the deciding factor, but not if they are of less ability.

It is important as well to be cautious and take advice, as the period dignity officer, after his role was scrapped, is taking legal action.

Putting a stop to bullying and harassment in the workplace

Despite, or perhaps because of, a much greater awareness of bullying and harassment in the workplace, tribunal claims relating to bullying increased 44% in the 12 months up to March 2022. That is according to analysis conducted by a law firm who reported that claims rose from 581 to 835 – a record.

Could it be that the shift to remote and hybrid working is wrongfooting organisations who have previously had a good track record of managing bullying and harassment?

New risks include gossiping on messaging apps during presentations, excluding colleagues from remote meetings and addressing sharp comments made on video calls, which are harder to manage when people aren’t in the same place.

Separately, but on the same topic, the Charity Commission has recently published clarification on the respective responsibilities in preventing and responding to bullying and harassment in charities.

This puts weight on trustees to have clear anti-bullying and harassment policies, and to respond to allegations appropriately.

Anyone concerned about bullying or harassment should approach the charity or trustees so that they can manage the concerns within the framework of their policies. Trustees should report the most serious of allegations to the Charity Commission to assess and decide if intervention is required.

It all serves as a reminder to any employer to have the right policies and procedures in place which, as well as covering bullying and harassment, should also include whistleblowing, welfare and discipline and grievance.

The cost of not doing so – either in a charity or a business – can lead to a toxic workplace culture, a talent drain, reputational damage and the risk of an employment tribunal – as this year’s rise in cases shows.

Employee share plans

In this tough recruitment market, employee share plans are an interesting and sometimes very rewarding way to remunerate staff. In addition to the attractions to employees, they can help foster loyalty by giving your team a vested interest in the business.

Broadly, they involve giving employees the right to acquire shares in the business (often at a favourable price) at a future date. If you set one up using an official HMRC scheme, they will come with tax advantages too, although there will be extra rules to comply with.

There are several different schemes including Save As You Earn (SAYE), Enterprise Management Initiatives (EMI), Company Share Option Plans (CSOPs), Share Incentive Plans (SIPs) as well as non-tax-advantaged schemes. If you have succession planning on your mind, you may also look at an employee ownership trust.

The choice and complexity means it is important to seek advice on which one to choose, and then on set-up and ongoing management.

You do also need to satisfy yourself on how much control of the company and profits to give up, that it will meet your reward objectives and how you will manage and review it going forwards. You might prefer to run a more simple performance-related bonus scheme instead.

Mandatory requirements: Should you drop the 2:1 expectation?

Boilerplate graduate job adverts ask for a 2:1 degree or higher, but is this helpful in 2022? PwC, one of the largest employers of graduates each year has announced it is ditching the requirement.

Their stated reasoning is that it will improve workforce diversity as there is a link between poorer socio-economic backgrounds and lower degree qualifications – a worthy motivation. It will undoubtedly also increase the number of applications they receive at a time when many businesses are struggling to fill roles.

It’s worth remembering too that many students will have experienced a much-disrupted time at university during the pandemic. Final grades might not reflect academic ability as accurately as those from previous cohorts. Even if they do have lower grades, there are sure to be plenty of applicants with the energy and skills to be a success.

Time off for the death of a pet

How would you respond if one of your team asked for time off to grieve following the death of a pet? To many, a much-loved pet is considered part of the family.

There are various statutory (and sometimes contractual) provisions for employees to take time off to mourn a death or care for dependants: typically, a young child, partner or aging parent. However, the definition does not automatically extend to Pickles the cat.

Often, in the short term, you may just follow your instinct and give people the space they need. The answer to the hypothetical question regarding a pet is worth thinking over in more depth. Where would you draw the line? Cats and dogs may be an easy yes, but ferrets and fish…?

Compassion is a welcome trait, but so too is fairness. So think how any pet bereavement leave would work equitably across your company, should an employee ask for it.

A crying shame

Men are encouraged to show their emotions in the 21^st century more than ever, and rightly so; but when one CEO shared a tearful picture of himself on LinkedIn, having just made two staff redundant, the response was not so encouraging.

He was called out – brutally – for narcissism and managing his own personal reputation rather than supporting his former employees.

A more helpful tactic would have been to invest in an outplacement service (like the one we offer) which sets up redundant staff with skills and resources for finding new roles.

As it happens, this story did have a happy ending of sorts, when all the negative publicity created by the CEO led to a slew of job offers for the redundant staff.

Is an employee secretly working from abroad?

Managing remote workers became a necessity for most businesses during the pandemic. For some employees, like graduates, they never even stepped foot inside an office. Remote work was their introduction to the working world.

At the time there were restrictions on travel, so there would be no reason to think that your employees wouldn’t be working from home as agreed. Now however, overseas travel is booming, and with holiday season in full swing, an employee could be tempted to try their luck at secretly working abroad, especially if they are running low on holiday days.

It is a belief for some that, with a good Internet connection, you can work from anywhere in the world. This can be true and many online businesses do operate in this way. However, this is an important business decision and one that you would need to make after considering all the pros and cons. It’s not for an employee to decide.

Not knowing where an employee is working from is risky. Think data protection, security and health and safety, and that’s just for starters!

For businesses that are operating fully remotely, or even on a hybrid model, employers must clarify permitted locations for working. You can do this by updating employment contracts or introducing a remote work policy.

What should you do, then, if you suspect that an employee is secretly working from overseas?

You would need to do some detective work to confirm your suspicions. They could have genuine reasons for not attending a work social so you may need to try something else.

For example, a simple call to their mobile can be very revealing – we all know that familiar change in ring tone which is a dead giveaway that someone is not in the country. Or perhaps you could ask them to return some company hardware at a designated time and place for a routine health check?

If they’ve picked a picturesque location, they might be tempted to boast about it on social media, and yes you can use that as evidence in your investigation.

Time stamps on emails or other online activity are also a good indicator of someone’s whereabouts. Failing that, a conversation with their co-workers can help you piece information together.
If you feel you’ve got good evidence to back you up, broach the subject with the employee and inform them that they are not authorised to be working from an undisclosed location and must return asap. If you are concerned about a security breach you may need to be prepared to revoke their access to certain systems right away.

When they arrive back you should initiate disciplinary action and see the safe return of any company property. It’s a pain to have to take time out to deal with situations like this. Remember that we are here to help.

Nurturing neurodiversity

About 85% of people are neurotypical. This means that their brains process information as society expects. This leaves 15% who you could say think differently. They are neurodivergent.

The main examples are ADHD, autism, dyslexia, and dyspraxia. Due to a lack of awareness, people with these conditions can encounter stigma. Each can be associated with specific difficulties, which are well documented, but they can also often give rise to unique strengths.

For instance, people with ADHD may be good at completing urgent tasks, those with autism at developing deep specialist knowledge, people with dyslexia at problem-solving and employees with dyspraxia at strategic thinking.

It all varies from person to person. Seeing the strengths in neurodiversity though, which is often recognised as a disability, and building a supportive working environment with reasonable adjustments where necessary, could give you a key advantage when trying to get the right blend of skills in your business.

Neurodivergent people can encounter barriers to employment, so to make sure your business is attracting all types of candidates, it’s a good idea to review your application and interview process for more inclusive recruitment.

Time off for fertility treatment

For some people, the process of starting a family can entail a series of medical appointments for IVF, which need to adhere to a specific timeline. It can be a physically demanding process.

You may not even know that an employee is going through this as it’s deeply personal, but if you are in the know, you might be wondering how to manage and support them.

When an employee is pregnant they are entitled to a reasonable amount of paid time off to attend antenatal appointments. This is not an automatic right for those attending medical appointments to become pregnant.

This could be changing though as a Private Member’s Bill proposes a new law to allow women paid time off for IVF treatment. Fertility treatment can be very expensive and so this change could alleviate the stress and financial worries that some are currently experiencing.

For employers, it could help to retain good employees and improve trust and communication relating to requests for time off.

It’s not yet a legal requirement but many employers do already choose to allow reasonable time off for medical appointments. If you want to be one step ahead, introducing a policy of paid time off for fertility treatment is a good place to start.

Belief and unlawful discrimination

Last month we looked at managing conflict in the workplace that concerns more than one protected characteristic. A recent Employment Tribunal has provided further guidance for managers on exactly that.

Maya Forstater’s contract as a researcher was not renewed by the Centre for Global Development (CGD) following an investigation into her social media activity. Ms. Forstater had shared her gender critical views on Twitter that people cannot change their biological sex. The tweets reportedly made some colleagues uncomfortable and were seen to be inflammatory by her employer, leading to Ms. Forstater losing her job.

However Ms. Forstater felt it was she who was discriminated against because of her belief and raised a claim of unfair dismissal and discrimination.

An initial Employment Tribunal did not agree, but after winning an appeal Ms Forstater was successful in a new tribunal which ruled this month that she had been discriminated against.
This ruling is significant and shows just how complicated this topic can be. Employers facing similar situations concerning free speech and belief should seek professional HR advice before dismissing an employee.

Mediation can save time and money

When different types of people work together, disputes are inevitable – especially with such a large proportion of our time spent at work. It doesn’t just absorb time, but money too. In fact, Acas estimates that workplace conflict costs employers nearly £30 billion a year.

Not all disputes escalate to an Employment Tribunal though. Arbitration through Acas or third-party mediation can settle conflicts before they start exhausting both time and money. The key to resolution and keeping claims low is to keep communication open.

Employment tribunal insurance is a safety net when faced with paying staggering court costs and awards, but as with any insurance, there is a premium. If smaller disputes can be settled out of court, tribunal insurance remains an affordable and reliable back up when tackling bigger issues.

If you’re seeking to resolve or settle a dispute with an employee and need an impartial party to step in, our team is well trained and here to help.

Hey, howdy or hi – select your preference

An out of office message provides a quick and simple way to inform others of employee absences.

Would it offend you if an employee responded to your message with “Hey”? One employer made their dislike of the greeting clear to an employee who then shared the interaction on Reddit.

The employee responded stating it was via WhatsApp and they felt a casual response was therefore justified. The employer disagreed expressing their desire to keep things professional – although they did sign off with an emoji 🤔

Where do you stand on greetings with employees? Whether it’s a “hello” or a “what’s up!”– just make sure it’s you that sets the tone for your business.

Managing a difference of opinion in the workplace

When managing a multitude of personalities, there can be times when you are called to settle a disagreement involving your employees. Sometimes it will be obvious what you need to do, but other times it can be more complicated.

This can be especially true if you have a strong headed employee insisting that they are right. You may even have them reciting the law at you or standing firm on their right to freedom of speech.

It’s an area of increasing concern for some employers, challenging an employee who applies pressure, sometimes social or political, to suit their agenda. This is also known as being “woke”.

Being woke refers to being aware and alert to perceived social injustices. A woke employee might be a passionate activist in their spare time, but they still need to adhere to the rules of your business when under your employment. Conversely, in some larger organisations, it might be an employee accusing their HR department of wokeness if they don’t agree with certain policies.

It’s important to listen and establish the facts of conflicts in your business, whether between co-workers or even an employee and a customer. This will help you be fair and justified in your response. Not everyone is going to agree with you and may challenge your decisions. This is why HR processes that manage conflicts, disciplinaries and grievances are there to help you. Having clear policies and a unified leadership team that can reinforce these is also key.

Under the Equality Act 2010, nine characteristics are legally protected from discrimination: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

What happens though when two protected characteristics are in conflict with one another?
In deeming whether discrimination has occurred against one employee, you need to mitigate the risk of indirect discrimination against the other. We have seen examples of this play out in employment tribunals where gender critical beliefs or faith-based expressions on social media have triggered claims of discrimination against sex or sexual orientation or religion and philosophical belief.

It’s a challenging area of people management and if it’s something that you are facing in your business, we would encourage you to seek professional support to resolve potential conflict.

Fired by AI! The rise of the robots

Would you trust a robot to do the firing in your business? Some employers are increasing their use of AI in HR processes, but what, if any, are the risks of removing the “people” aspect of people management?

It’s easy to see how and why more large businesses are adopting new technologies and automating more processes. There are many benefits after all: a major one being to save time with streamlined operations.

Some areas that can be easily automated for all businesses include holiday management or time and attendance software, helping to reduce that looming pile of admin paperwork for starters.

Other functions, though, come with a higher risk; such as finding and choosing the right people for your business, or deciding how and when to end someone’s employment. The robots don’t always get this right and when the “computer says no” it can damage relations and even lead to an employment tribunal.
Cosmetics company Estee Lauder has encountered claims from three employees over exactly that.

The employees felt that the redundancy process was unfair, suggesting that when reapplying for their positions their video assessments were judged only by an algorithm. During the process they had received a confusing communication referring to AI and a “tiering bucket of data points”.

Settling out of court, a spokesperson for the company denied that facial recognition technology played a decisive role in this situation.

This isn’t the first time the robots have caused a commotion for employers though. An employee was once effectively terminated and escorted from his place of work all because a faulty key card triggered the process!

We’re all for improving efficiencies and adopting new technology, but there’s no denying that having a human sense-check those risky HR processes is sensible for people management.

Is it sexual harassment to call a man “bald”?

A recent Employment Tribunal ruling suggests that the answer is yes.

Context matters though, so let’s look at what happened in this case.

Mr Finn was employed as an electrician by The British Bung Manufacturing Company LTD for over 20 years. In May last year he was dismissed without notice, which led him to raise a claim of unfair dismissal along with several others, one being sexual harassment.

During his employment a verbal altercation with factory supervisor Mr King, led to Mr King threatening to “deck” the complainant and calling him a “stupid bald” expletive.

The tribunal found this to be unwanted, intimidating conduct and a violation of the claimant’s dignity. It also found that baldness is more prevalent in men and therefore the comment was inherently related to sex, a protected characteristic under the Equality Act 2010.

This case serves as a warning to employers that derogatory comments are harmful and come with repercussions. To avoid conflict, a culture of respect is vital, whilst a policy can provide back up.

Menstrual leave announced in Europe. Is the UK next?

Following the likes of Japan, South Korea and Zambia, Spain is planning to introduce paid medical leave for those suffering from period pain. The move comes under a new law of women’s health reforms.

Menstrual leave, as it’s more commonly known, is not a statutory benefit in the UK and employees must use sick leave if they are unwell. However due to the period taboo and a lack of awareness on menstrual health, period pain can be wrongly dismissed as a justifiable reason for calling in sick.

Not every woman will need time off work due to her symptoms, but for those that do, the scale of discomfort can reach debilitating levels, making work near impossible.

Although menstrual leave is not law in the UK, employers seeking to better support staff can do so through accommodations which help them to manage their health at work. For example, flexible working, from flexi-hours to flexi-location, can help; along with accepting painful periods as a reason for sick leave.

An employee has been called for jury service, what now?

Jury service is a public duty, and anyone aged between 18 – 70 on the electoral register can be selected, at any time. Typically, it lasts up to 10 days, although it can be shorter or longer.

If an employee is called for jury service, you might be wondering if you can get them out of it, especially if it’s a busy time for your business. However, if you can make a few rearrangements, there can be benefits to them attending jury service. For example, it provides an opportunity to develop skills in areas like problem-solving and teamwork.

You are under no obligation to pay them if they attend, but will need to provide them with a certificate so that they can claim back a loss of earnings paid by the court. If you do pay the employee during jury service, say to make up for any short fallings in their expenses, be sure to calculate their tax and national insurance as usual.

Alternatively, if it appears that the employee’s absence will cause harm to your business, you can request a deferral. You can only do this once in a 12-month period though, so consider whether it is the only option at this time. If you have questions about managing this process and need advice, give us a call.

The person you are trying to reach is on holiday

An out of office message provides a quick and simple way to inform others of employee absences.

Typically, a functional message with either an expected date of return or alternative contact make the cut, but for some people, it’s a chance to get creative:

“Sorry I missed you. I’ll be out of the office and slow to respond until after the break. While I have you though, help settle an argument amongst my colleagues and me: What was the Best Die Hard Movie?”
Whilst another person decided to keep it simple with “Not here”.

Whatever your team’s out-of-office messages say, they will leave an impression with recipients – it’s worth checking it’s the right impression. Ensuring they distinguish their message between internal and external senders may help strike the right balance as we enter the summer holiday season.

Stress awareness during staff shortages

April is Stress Awareness Month, and although stress can occur at any time throughout the year, it’s a good opportunity to pause and check-in on your own stress levels as well as your employees.

How might you go about this? You wouldn’t want to ask every employee if they are stressed, it wouldn’t be practical, nor would it give you real insight; some people may hide that they are struggling through fear of seeming incapable.

A much more effective method would be to identify and reduce the risk of negative work-related stress in your business.

Believe it or not, some stress can be positive. It can allow people to thrive and reach their potential. It’s important, though, that limits are observed and respected, as pushing a person over the limit is a one-way street to burnout. Every employee will have their own limit, so how do you know when someone is close to theirs?

Regular reviews or 121s with employees are essential to keep communication flowing and for receiving progress updates on work. For example, if a deadline was missed, this is an opportunity to find out why, and if there is a need for clearer communication, training or support.

Work-related stress can be the result of different causes. An HR review can help to identify these, but a major one to be aware of at present is that of an increasing workload. Following the Great Resignation, and at a time when COVID related absences are still impacting teams, low staffing is a problem for many employers, their employees, and subsequently clients.

Those who are in work and covering for others may have an increasing workload. Without the right support, they are at risk of stress, which can impact health, well-being and lead to more absences.

If you’re one of many employers currently dealing with staffing issues, show appreciation for those working hard to keep the business operational. Remind them of the importance of taking a break and if you have any other health benefits in place, such as an Employee Assistance Programme, make sure that staff are aware of the support available to them. Beyond this, remember that we are here to help.

Lessons from P&O Ferries

P&O Ferries has been making waves in the shipping industry for more than 180 years. Just last month however, it made headlines for causing a different kind of wave: by parting ways with 800 of its crew members via a short, pre-recorded video clip.

As news of the mass redundancies spread, so too did details revealing that this was a surprise move, leaving employees, onlookers, and the government dumbfounded.

P&O Ferries has received widespread criticism for the way that it conducted business. Many loyal and long-serving employees were informed of their redundancy on what transpired to be their last day. Some were reportedly escorted from the ships in complete and utter shock.

When a business needs to make essential changes, redundancies should be a last resort. There is a process that must be followed to reduce the risk of legal action from unfair dismissal.

Chief Executive, Peter Hebblethwaite, admitted that their decision to waive the consultation process almost certainly breached UK employment law, but that they felt there was no other financially viable option. The reputational damage that P&O Ferries has and will suffer from this is enormous, particularly after the problems for clients over the bank holiday weekend.

What can employers do to learn from this?

It’s important to seek professional advice so that you can consider all reasonable options before pursuing redundancies. If redundancy is the only option, consultation with affected employees or their representatives must begin in good time. If 20 or more employees are affected, then there must be 30 days of consultation before the first dismissal takes place. There will likely be questions and concerns. It’s important to listen and communicate all information before any dismissal occurs.

It doesn’t have to end there. Redundancy aftercare outplacement can help see that those departing your business receive crucial advice on their next career move. It shows compassion for all staff during what can be a very difficult time.

How to approach poor hygiene in the workplace

As the weather gets warmer and the number of days we spend in the office increase, a new season of HR dilemmas await.

Something you certainly wouldn’t have had to deal with during lockdown is now in the office and causing a stink, one that you simply cannot ignore.

Broaching the subject of body odour or poor hygiene with an employee is no doubt up there on your list of conversations you never wanted to have. Think twice about passing this off on someone else though, a female French tutor won a sex discrimination claim for exactly that. An assumption that women are better at handling such conversations ended up with a £5,000 award at tribunal.

Don’t ignore the issue either. For one, it won’t resolve itself, and the person in question could start to feel victimised if people act differently towards them.

A private, and considerate word to suggest that their current hygiene ritual isn’t working too well is a good opener. If a medical condition is revealed, ask how they plan to manage this.

Adding a requirement for hygiene to your dress code is also a good idea, as you can refer to this if a problem persists and further action is needed. Of course, if the idea alone of having this chat is turning your stomach, remember that our experienced HR advisers can help to prepare you.

Why employees not using their holiday can be a problem

Whether a result of increased homeworking, an increasing cost of living, or staff shortages, employees not using their annual holiday allowance can be a problem for employers.

It may seem like a good thing to not be balancing leave requests, especially if you are short-staffed and need all hands on deck. However, other issues can arise if holiday is not taken, or if it is not spread evenly throughout the year.

Encouraging an even distribution of leave, for example by alerting those with a lot of holiday left two thirds into the year, can avoid situations where everybody wants to be off at the same time.

Committed workers are in demand but should also be reminded to use their leave for some respite, even if it means a staycation. Holiday entitlement is a health and safety requirement, and employees must take their statutory allowance. They cannot be paid in lieu except when they leave.

Having time off makes people more productive. The alternative, wherein employees feel the need to be seen working, can result in burnout and absences due to ill health, which could happen when you need them the most.

Supporting employees through Ramadan

This year the end of Ramadan is expected to fall on May 1st. It is celebrated with a three-day festival known as Eid ul Fitr, the Festival of Breaking Fast.

Until then, Muslim employees observing Ramadan will be following practices that involve fasting between sunrise and sunset, extra prayers which can last up to three hours, and exercising increased patience and virtue.

Although Ramadan is nearing its end, it’s not too late to show your support for employees; especially as you may receive a request for holiday or increased flexibility for early May.

Follow your usual procedure for such requests but be sensitive to those observing religious holidays. Other ways in which you can show your support during Ramadan can include permitting unusual lunch hours or break times and remembering that no one is quite themselves when hunger strikes.

Surprise! How did a birthday party at work cost 450k?

You know how some people say they hate surprises, but then secretly love it when you remember their birthday? Well, that’s not what happened here.

Kevin Berling may not hate surprises, but he absolutely didn’t want a birthday celebration at work, which is something of a tradition for employees of Gravity Diagnostics in Kentucky. In fact he had even asked for them not to celebrate his birthday, and had a good reason too. Mr Berling feared it may trigger a panic attack, which it did. Not only at the party, but at subsequent conversations where he was confronted for “stealing his co-workers joy”.

A lawsuit ensued, following his dismissal, which awarded him $450,000. The lesson here? Appreciation of birthday parties is subjective and there are other, less-expensive ways to show you care.

What is your COVID-19 isolation policy?

As winter becomes yesterday’s news, so too does coronavirus – to an extent. Yet whilst we know when winter will return, an outbreak of COVID-19 is a less predictable event.

For now, the UK government has shifted its focus from legal restrictions to personal responsibility in the management of coronavirus. In the plan, Living with COVID, the government has acknowledged that a successful vaccination programme has allowed restrictions to ease, but reminds us that the virus has not completely gone away.

Employees in England are no longer legally required to self-isolate after testing positive for COVID-19. Wales will relax all legal guidelines on March 28th, and Scotland relaxed most legal guidelines on March 21st. There is no legal requirement to be vaccinated in the UK. Plans for this to come into force for the health and social care sector in England have been scrapped.

Where does this leave employers? Still with a duty of care to protect their staff and provide a safe working environment. People can still catch COVID and suffer symptoms for a long time afterwards.

To reduce the risk of COVID interruptions in your business, there is much to be considered.

How will you respond to a staff member testing positive? Will this impact sick pay? Remember that the SSP Rebate Scheme ends soon. Can staff work from home? Will you provide lateral flow tests?

In the absence of legal guidelines (check with your local government for up to date health advice), conducting a risk assessment and introducing your own COVID isolation policy that aims to protect staff and support your business is recommended.

Your COVID isolation policy can be a useful tool to reassure employees of your commitment to providing a safe working environment. This is especially true for vulnerable employees who may have reservations about returning to the workplace.

It’s a good idea to speak to your team about any concerns that they might have about attending the workplace. Involving them in the development of your policy, which will be unique to your business, can lead to better co-operation and transparency within the team.

New public health guidance on the matter is expected post-April. Until then, reviewing your sickness absence policy and carrying out a COVID risk assessment would be a wise move.

How can HR reduce cyber security risk?

For any business, cyber security is a real risk. As the world becomes more reliant on digital technology, it’s a risk that cannot be neglected.

You may not have expected to see cyber security crop up in your monthly HR newsletter, but the two areas of your business are in fact deeply intertwined.

A study by IBM found that human error was a major contributing cause in 95% of all cyber security attacks.

HR plays a critical part in staffing, training, and supporting the teams and departments that keep a business functioning day-to-day. So, whilst your IT manager or outsourced IT will likely be on speed dial for any cyber security threats, they too might need support with people management to reduce further risks.

This can be business wide too. For example, customer service agents could be the ones to receive a phishing email, whilst another department might oversee the safe storage of sensitive data. Almost anyone could be using the Internet and accessing passwords.

For a business to be protected from cyber security threats, all staff members should be informed and trained on best practice.

It’s a good idea to make this sort of training mandatory in your business and to have a written policy which details any rules, e.g. permitted access, sharing data, storing passwords, Internet usage and so on. Employee engagement is key, and so involving your managers to create or update your policy is wise.

With these measures in place, you can reduce the risk of cyber security breaches in your business.

However, if after training and enforcement of your policy, human error puts your business at serious risk, you may need help from HR to tackle employee misconduct. If you’re in need of support, our Advice Line can help.

£2m pay-out for sex discrimination

Stacey Macken, a female banker, has won more than £2 million in a sex discrimination case.

Sex discrimination, where a person is treated less favourably because of their sex, is illegal under the Equality Act 2010. It causes harm and threatens well-being, and as this case has shown, can result in substantial fines for an employer who lets it happen.

In this case, managers were not just bystanders, but actively contributed to the problem. An example being when one male boss repeatedly used the phrase “not now Stacey”. The rest of the team picked up on it and adopted the same demeaning behaviour. At one point, a witch’s hat was left on Stacey’s desk, which the tribunal ruled to be a sexist act.

The victimisation would be enough for Miss Macken to raise concerns internally, which she did to no avail. Making matters worse, she was also being paid less than a male colleague doing the same job as her.

These issues combined resulted in the colossal £2m pay-out. It’s an expensive lesson for an employer to learn, and the bank has said that it is making changes as a result.

Providing references for ex-employees

Just as you may request references for new employees, you too could be asked to provide one for an ex-employee of your business.

Hearsay will tell you that you can’t refuse or give a bad reference. However, there is a bit more to it than that.

Generally, you can refuse to provide references, but in doing so you would need to make sure that this applies to all your employees. Failure to be consistent could leave you open to claims of discrimination, even from an ex-employee. Keep in mind too that refusing a reference for an employee that you remember fondly could hinder their prospects. Additionally, there are some industry sectors where providing a reference is a statutory requirement, such as finance.

References that are given must be accurate. So it is perfectly acceptable to be truthful about a person who was repeatedly late or was careless in the performance of their duties, so long as you have evidence that this was the case.

Some companies have a policy of merely detailing employment dates, job titles and salary, but that is not always helpful. Recruitment is expensive and taking up references on potential employees is an important element. Giving truthful references will help a company make good decisions. It’s best to avoid personal opinions, however, and stick to the facts.

Remember that you’re processing personal data and so consent from the employee is a must under UK GDPR. Got questions about your process? Our Advice Line can provide peace of mind.

Important calendar dates for employers

The SSP (Statutory Sick Pay) Rebate Scheme was introduced to support businesses impacted by the Omicron variant of COVID-19.

The temporary scheme allows eligible employers to claim back up to two weeks of SSP per employee for absences related to coronavirus from December 21st – March 17th. You have until March 24th to submit or amend a claim. For absences after March 17th, the usual SSP rules apply.

There are other important calendar dates to keep in mind with April approaching. From April 1st, hourly rates for the National Living Wage and National Minimum Wage increase as follows:

• National Living Wage for workers aged 23 and over: £9.50
• National Minimum Wage for workers aged 21-22: £9.18
• National Minimum Wage for workers aged 18-20: £6.83
• National Minimum Wage for school leavers under 18: £4.81
• Apprentice Minimum Wage: £4.81

On April 3rd, several statutory pay rates including maternity, paternity, adoption, shared parental leave and parental bereavement pay will increase from £151.97 to £156.66.

From April 6th, sick pay will rise from £96.35 to £99.35, and the statutory redundancy weekly cap will also increase.

From 6th April 2022 – 5th April 2023 National Insurance contributions will increase by 1.25 percentage points. Payroll will need to be updated.

Is wage transparency the answer to unequal pay?

Could you imagine an employee forum where staff decide each other’s salary? One Argentinian firm is already doing it and reporting promising results.

It’s an interesting approach to what has become a global issue of pay inequality. Although we can’t deny that it has the potential to get heated unless clear guidance is provided at the start.

Closer to home, Minister for Women, Baroness Stedman-Scott has launched an initiative piloting pay transparency, wherein participating businesses will publish salaries in their job adverts. Why is this a good move? It could be a step towards closing the gender pay gap and firmly closing the door on pay inequality.

What to avoid when managing holiday for employees

Holiday management for employees can seem simple at first. For example, many employers may take the “use it or lose it approach” leaving the leave, as it were, up to employees. Statutory holiday cannot be carried over and can only be paid in lieu on termination. However, it would be best practice to encourage employees to use their holiday.

Calculating holiday pay can be where some employers get stumped, especially for employees working variable hours.

We wanted to highlight a couple of cases that show just how complex holiday management and pay can get, as well as the financial risks of getting it wrong.

The case of Brazel v The Harper Trust shows how complicated it has become. Music teacher Mrs Brazel worked variable hours and was paid for the hours worked. The Trust paid her in line with Acas 12.07% guidance for casual workers over the holiday year. They argued it was fair to pro rata the holiday pay for term time workers but the Courts disagreed.

The ruling was that a permanent part-year worker must be paid the full 5.6 weeks holiday averaged out over the previous 12 weeks. Since then, employers have to average out over 52 weeks. This case is awaiting judgement from the Supreme Court.

Another factor influencing holiday calculations is employment status, as seen in recent cases concerning Smith v Pimlico Plumbers. In this example, the employer fell at the first hurdle by incorrectly classifying Mr Smith as self-employed when his working relationship meant that he was a worker with rights.

This fuelled a further claim from Mr Smith that he had missed out on his holiday entitlement during his contract. The Supreme Court ruled earlier this year that he be paid the back-dated holiday pay.

What’s significant about this case is that it was outside of the usual time frame allowed for back-dated holiday pay claims. Typically, a claim must be brought within three months, but it had been years in Mr Smith’s case. Why the exception?

Due to Mr Smith’s incorrect employment status, he was not made aware of his holiday entitlement and therefore not given the opportunity, or been encouraged, to take his paid annual leave. His right was not lost at the end of each year but carried over, meaning his holiday accrued. The Court found that the usual three-month cap did not apply. This case shows how a claim for historical back-dated holiday pay can carry a hefty financial risk for employers.

Holiday calculations and management need not be so troublesome. Professional HR advice will keep your processes in line with employment legislation, whilst HR software like The HR Dept Toolkit can help with important record-keeping. With an extra bank holiday this year for the Queen’s Jubilee year, now is as good a time as any to get confident with holiday management for employees.

Will the four-day work week, work?

Just when work appears to be returning to some sort of pre-pandemic normalcy, UK trials of a four-day work week have hit the headlines. Understandably, it may not be the news you wanted to hear.

A four-day work week won’t be suitable for every type of business, and for any four-day work week trial to be reliable, it needs to consider all types of work, and not just the office based 9-5.

The UK is not the first country to test these waters, with New Zealand, Iceland, and Spain all previously taking part. Belgium has gone one step further and become the first European country to allow requests from employees for a four-day week.

Can the four-day work week work for your business?

We should not assume that a four-day work week automatically equals a three-day weekend. It is likely that some businesses would need to introduce a rota so that operational hours remain the same.

Logistically, there are a few options as to how it might work. It could mean that employees work fewer days with reduced pay, work four days with the same pay, or work longer hours over fewer days. Good time management would be the key for output to remain the same.

Alternatively, there are other approaches to flexible working you may be able to implement. The pandemic has highlighted the importance and benefits of flexible working, so adopting more flexibility can be a positive move to future-proof your business.

If you’d like assistance with reviewing the working week in your business, give us a call.

Women in work: Break the bias

Tuesday 8^th March is International Women’s Day and the theme this year is #BreakTheBias.

Why is this year’s theme so important and how can employers get involved to break the bias at work?

Gender bias comes in many forms, but common examples include women experiencing barriers to work or promotion due to pregnancy, maternity and childcare. In fact, some managers will actively avoid hiring women of a certain age to avoid dealing with maternity leave.

Not only is this illegal and discriminatory, potentially leading to much bigger problems, but it reduces the talent pool by half.

A business that encourages women to apply can benefit from new ideas and perspectives as well as a diverse culture.

From improving recruitment to be more gender-neutral to implementing inclusive behaviours in your business, there are many ways in which SMEs can help to break the bias. For next steps, visit the International Women’s Day website for 50 ways to fight bias or contact your local HR Dept.

Ding! You have been invited to another meeting

As a busy employer you won’t need us to remind you that time is precious. From morning meetings to lunchtime Zooms, PM pow-wows and end-of-day reviews, some days it can feel like you have barely made a dent in your to-do list. Wait, is that another meeting request in your inbox?

If your days are filling up with meetings, your team may also be adopting similar habits, especially if they are the ones demanding your time to provide updates on projects or seek sign-off.

Meetings can be hugely beneficial to improve communication but can sometimes become a “go-to” reflex rather than a necessity. Ever had the feeling that a meeting could have been an email?

Then there’s reoccurring meetings. Are they still fulfilling the same need six months on? Reviews of reoccurring meetings are recommended to make sure that time, and subsequently money, is put to best use.

To save time so that meaningful work can get done, why not trial a week or two with reduced meetings? Encourage other forms of communication in the meantime, such as emails or shared planners for project updates. When your next meeting does come around, kick off with a brief reason as to why it was scheduled and share an aim for the outcome. This will help make the meetings that you do have be meaningful and productive.

Will you be asked for a pay rise this year?

It’s no secret that the cost of living is set to rise this year. As such, employees concerned about this news may be prompted to ask for a pay rise.

If your pay reviews happen annually, this might come as a surprise and something that you had not prepared for, especially if you feel that your salaries are fair and reflect work undertaken.

It is, however, a good idea to have a plan of action as to how you will deal with such requests, to avoid being caught off guard.

Give yourself time to formulate a response by acknowledging and considering the request. During the pause, a job evaluation can help you to clarify if your pay scales are appropriate and fair in the current market.

If your evaluation shows that a raise would be appropriate but your financial situation means it is not currently possible, be open and honest with the employee and explain your business goals, e.g. hitting a target, to make a percentage raise possible.

Whilst it may be a difficult conversation, transparency helps to build trust in the long run and can be a motivator for the team to see the business succeed.

If it’s something you are currently facing and need help with next steps, call us.

Dog in the office

From dog in the playground to dog in the office, four legged furry friends are causing a stir as employees head back to the workplace.

The pandemic pup craze, which saw more than three million people welcome a new dog to the family whilst saying at home, has left some employees seeking doggy day care or flexible working to continue caring for their beloved pet post lockdown.

If you’re considering allowing dogs in the office, which when managed well can increase morale, keep in mind any team members with allergies first; whilst perhaps circulating a friendly reminder that a dog is for life, not just a pandemic.

What’s new in employment law this year?

New Year, new legislation? Coronavirus may still dominate the headlines and continues to be a major focus for business owners, but we wanted to highlight some other important HR topics to stay abreast of in 2022.

Pay increases

Hopefully already on your radar, national minimum wage (NMW) and national living wage (NLW) rates will increase on 1st April as follows:

• NLW workers aged 23 or older from £8.91 to £9.50.
• NMW workers aged 21 and 22 from £8.36 to £9.18, and for those aged 18-20 from £6.56 to £6.83.
• NMW workers younger than 18 who are no longer compelled to attend school, from £4.62 to £4.81.
• NMW first year apprentices or under-19s from £4.30 to £4.81.

Several statutory pay rates including maternity, paternity, adoption, shared parental leave and parental bereavement pay will increase from £151.97 to £156.66 on 3rd April.

From 6th April, sick pay will rise from £96.35 to £99.35, and the statutory redundancy weekly cap will also increase.

Extra bank holiday

An additional bank holiday has been announced for Friday 3rd June to mark the Queen’s Jubilee, whilst the spring bank holiday has moved to Thursday 2nd June this year, creating a long weekend.

The new bank holiday is not an automatic day off for everyone though and the wording in your employment contracts will be the decider. Some employers may like to acknowledge it as a goodwill gesture if it can work for the business. Start thinking about staffing now and prepare for an influx of leave requests from those hoping for a longer break.

Employer’s duty to prevent sexual harassment

Employers already have a duty of care to protect their staff. The change due to come into effect places a duty on employers to proactively prevent sexual harassment in the workplace. A statutory code of practice is expected to be launched as a guide.

Whilst it has not yet been confirmed that this change will come into effect this year, business owners can prepare by encouraging a culture of respect and inclusivity in the workplace.

Vaccinations

Back to COVID-19 to share a reminder that mandatory vaccinations have been announced as a condition of deployment from April for care home and health and social care workers, as well as NHS workers, in England.

Employers in other industries looking to introduce a “no jab, no job policy” or amend sick pay for unvaccinated staff should seek professional advice to avoid the risk of discrimination.

Right to work checks

Digital right to work checks were temporarily introduced during the pandemic to ease delays to employment during lockdown. From April, the change becomes permanent and government validation technology will be available for employers’ conducting checks on British and Irish citizens. An existing online service will be available for right to work checks on overseas applicants.

The Employment Bill

The Employment Bill was announced in 2019 but has been largely overshadowed by the pandemic. Important changes that may occur in 2022 as a result of the bill include:

• The right to request flexible working from day one.
• A right for workers to request more predictable hours after 26 weeks of continued service.
• One week of unpaid carer’s leave from day one.
• A code of practice on fair and transparent distribution of gratuities will see hospitality workers gain the right to receive their tips in full.
• Extended redundancy protections for pregnant workers and those on maternity leave.

Whilst the above is not an exhaustive list, it should help you to remain aware of the key HR topics that may affect your business and people management this year. If you have questions, do call us.

Brain fog and how to manage it

Brain fog has been listed as a potential side effect from long COVID, but what exactly is it and why is awareness important for employers?

Although widely used, “brain fog” is not a medical term. It does, however, do a good job of explaining the condition, being that the brain can become muddled, and unclear.

According to the NHS, symptoms associated with brain fog caused by long COVID can include poor concentration, forgetfulness, mental fatigue, thinking more slowly than usual, confusion and fuzzy thoughts.

Employees returning to work after having COVID-19 could be dealing with brain fog, which can impact their ability to concentrate and remain focused. This can result in seemingly poor performance or changes in behaviour, which without a careful approach, could trigger a performance review and lead to a potentially unfair dismissal.

Awareness of brain fog is important for employers, because it allows them to spot the signs and offer the necessary support to get an employee back on track and feeling well again. It’s not just long COVID that can cause brain fog either. It can be a symptom of other conditions such as depression, hypothyroidism, menopause, or autoimmune diseases.

If an employee is not their usual self, sit down with them to find out more. If it transpires that they may be experiencing brain fog, there are some steps that you can take to help.

The NHS advises that people usually recover from brain fog and that the following healthy lifestyle habits can help to manage symptoms: stay hydrated, take regular exercise, eat a healthy and well-balanced diet, get enough sleep, and take regular breaks.

However, if symptoms persist, it’s best to refer employees to their GP, and if work is severely affected, let us know.

Salary sacrifices and the national minimum wage

Salary sacrifice arrangements are commonly used to reduce an employee’s pay in exchange for a different benefit. For example, pension contributions, a cycle to work scheme, uniform items, or a company car.

Employees must agree to salary sacrifice schemes and therefore they should be written into employment contracts.

Although a contractual right, employers must take care not to reduce pay below the national minimum wage (NMW) if the sacrifice can be connected to employment, even if it is not a compulsory arrangement.

This was shown in the recent Employment Appeal Tribunal (EAT), Augustine v Data Cars. The EAT found that the employer had failed to comply with the NMW regulations upon deducting vehicle and uniform rental costs for Mr Augustine. The hire was voluntary, and through a third party, but still connected to his employment.

It’s a costly mistake for employers to make, especially when breaches of the complex NMW rules incur fines and are now made public. If you need help managing a salary sacrifice, get in touch.

How to make your New Year business goals a success

New Year goals can help to set your intentions for the year ahead. The goals you choose should reflect what you want to achieve whilst a plan of action and accountability is key for making them stick.

To see your New Year business goals succeed, you need your team onboard, and for that, you’ll need a supportive framework in place. Check out our top tips to see your goals come true in 2022.

1.Communication – Your team are instrumental in making your business goals a success, meaning that transparency and good communication are vital. Working on improving these areas of management can also increase employee happiness, productivity, and loyalty.

2.Training – Goals need actions and actions need skills. Is your team prepped and equipped to achieve this year’s targets? Now is a good time to review areas of professional development and align training programmes with your business goals.

3. Processes – Many businesses are still temporarily facilitating working from home. Will this be the year that you make it permanent? Or perhaps you’re leaning towards hybrid working? Whichever you decide, it’s important to have the right processes in place to assist your team efficiently and effectively. It saves time in the long run.
4. Well-being – Workplace absences related to poor mental health have skyrocketed since the pandemic began. A commitment to well-being can keep your team healthy and on the road to success.

Managing January sick pay

Even without the Omicron variant doing the rounds, January is peak time for staff sickness. Seasonal cold and flu is still a threat to attendance, whilst the post-festive low mood can lead some to struggle getting out of bed.

Along with managing staff shortages and deciphering between the real and questionable sick days, employers need to remain alert to government changes to HR processes on sickness.

One such important update is a temporary change to the Statutory Sick Pay Regulations (SSP).

Absences from 10th December 2021 – 26th January 2022 can self-certify for up to 28 days, as opposed the normal seven.

The change was primarily implemented to help stretched medical services but applies to all businesses. However, some worry that it could be abused by employees wanting time off if a request was previously denied.

Company sick pay policies are not affected, although it’s worth us flagging that if yours requires a fit note, employees may struggle to obtain one due to the pressures on the NHS.

If you have questions about managing sick pay and absences during the pandemic, we can help.

Diving for a change

As demand for delivery drivers increased during the pandemic, many people, from start-up business owners to those newly redundant gave it a try. Meanwhile, delivery divers have also been busy. That’s right, underwater pizza delivery is a thing, and being a delivery diver is a job.

A fifty-nine-year-old Hawaiian man took up the unique role after losing his job as a high school sports reporter during the pandemic. It’s certainly a different kind of pressure, but as for many others, the tide of employment has changed and unusual job progression is becoming the norm.

Undercover boss and employee surveillance

Undercover Boss, the reality TV series that follows CEOs as they go undercover with a secret identity in their own business, made a brief comeback this summer with a new name: Undercover Big Boss. Filmed at a time when businesses like car showrooms were re-opening post lockdown, high flying execs were given a new identity to see first-hand how their business was doing day-to-day.

Whilst there are some prime-time cringe moments, such as a loose lipped employee unknowingly telling their CEO how they really feel, a light is also shone on the unsung heroes of the workforce, the ones who go above and beyond in their role.

When the working day is done, the undercover boss has a wealth of information to help them make improvements, provide training, or show appreciation to the company’s hardest workers.

Small business owners might be less likely to get away with a secret identity without some really good prosthetic makeup. Like the undercover CEOs, though, they might be keen to get some unfiltered feedback, or a view on what their employees are really up to; especially now that home working is firmly back on the agenda.

In fact, as many as one in five employers admitted to Metro that they’re either already spying on staff or planning on installing software to do so. From timing replies and keyboard strokes, to monitoring inactivity or even secretly spying through a camera, employee surveillance is on the rise.

Surveillance will certainly bridge the gap on worker visibility, but it also has the potential to cause problems if not introduced in the right way. That is, processes must comply with data protection and employees should be consulted and informed of surveillance in advance, unless there is a legitimate reason otherwise.

It’s also worth noting that whilst surveillance is often sought to catch out the slackers, it can inadvertently put undue pressure on those that are working, especially if more extreme measures are taken such as tracking bathroom breaks and cups of tea. This can result in increased stress and presenteeism – the feeling of needing to be seen working all the time.

The good news is that there are less intrusive ways to successfully manage remote teams. We feel that surveillance is rarely a good substitution for good people management.

If there is one takeaway from Undercover Boss, it shouldn’t be that spying is the only way to learn more about a company and its operations, but that there is no real replacement for a good, open and honest conversation. Deadlines and targets are helpful to identify those in need of training and support, but once the data comes back, it’s time to talk. Only then can you find out what’s really going on with your workforce.

The giving season

As the trees go up and lights twinkle, it’s not just presents that are given at Christmas time. People often give their time or donations to support charitable causes. Many companies know that as well as the much-needed support which goes to charities, team fundraising is indirectly good for business too.

They are glad to bear the cost of some time and energy diverted away from operations, and cash as well – often to match funds raised by the staff. It not only feels right but can enhance team spirit, foster good will, generate networking opportunities and create positive PR.

From an HR perspective, it is helpful to build some structure around fundraising, to get maximum benefit and avoid one or two pitfalls.

For example, on picking the charity. There are many ways to do this, but in order to get buy-in from your team, why not let them have some input. This could be drawing a nominated charity out of a hat or holding a vote. By letting it come from staff fairly, it’s an opportunity to really connect with employees, who see you supporting something close to their heart.

Remember to be inclusive. If you were to hold a cake sale, are their gluten free or vegan options? If you hold a pub-style quiz, ensure there are soft drinks for anyone who’s not drinking alcohol. Make sure everyone is invited to participate but that no-one is compelled to – they may have a good reason not to get involved.

Don’t let your fundraising adversely impact operations. You’d expect some time lost to the fundraising efforts, but make sure day-to-day business is not harmed. For instance, if an important client is visiting, do you want them to see you dressed up as a reindeer? If you’ll be receiving in-bound calls will someone always be able to answer them? And so on.

Make sure you don’t lose the fun from your fundraising, especially at Christmas! But a little bit of planning will ensure everyone gets the most out of the activity.

Let there be light

While Christmas lights may warm the cockles of our hearts, it’s worth considering the more mundane lighting that illuminates your workplace or, if you have staff working from home, their workstations there.

That’s because the quality of such lighting has a significant impact on productivity, well-being and mood – especially during winter when there is less natural light around. In fact, it is known that some people suffer from a condition termed seasonal affective disorder (or SAD), in the main due to the reduced daylight hours.

How does the lighting in your workplace seem? If you have lots of natural light, supplemented by modern LED lighting which uses natural light wavelengths, then great. If not, it might be time for a review.

If changing access to natural light is not practicable, better use of artificial light should be achievable. The latest lighting technology uses far less energy than older lighting so the exercise may slash your utility bills whilst you do right by your team.

The right to disconnect

Right to disconnect legislation is sweeping across Europe. First in France in 2016, then in Italy, Spain and Portugal. This year, Ireland did not go as far as legislating, but has introduced a code of practice.

Right to disconnect refers to an employee’s entitlement not to have to respond to emails or take a call from the boss out of office hours. Repercussions from employers are forbidden.

It is rightly perceived as an important way to demark a boundary between work and home life and safeguard mental health. For employers, while for some it may jar not getting a prompt response, long-term benefits of less stress and burnout amongst staff should be recognised.

There are no plans yet for legislation to be introduced in the UK, but calls for it from various bodies are being made. To get ahead of the curve, you could introduce the principles of disconnecting into your culture. This could include an email sign off which mentions not needing to reply out of hours, and encouraging your team to have the confidence to build self-care routines into their day. Those working from home, particularly with childcare responsibilities, may be sending emails at odd times and could benefit from a flexible working schedule.

What does Acas say about “Fire and Rehire”?

The economic impact of the pandemic has seen many businesses make essential changes. Whether to processes, services, or staffing, adapting during such unprecedented times has been vital.

In an effort to try and avoid making redundancies, some employers followed processes that amount to employees being fired and rehired. Seeking to better understand how and why this was happening, the Department for Business, Energy and Industrial Strategy asked Acas to investigate.

The findings of this investigation were published back in June. More recently, Acas has published advice for employers to avoid the practice of fire and rehire altogether.

What’s wrong with fire and rehire? Acas Chief Executive, Susan Clews says that “[It] can seriously damage working relations and has significant legal risks for organisations.”

So, what should employers do instead? Acas encourages employers to consult with their staff about any changes that may impact them. This includes obtaining agreement prior to changing contracts.

This type of situation can instigate some difficult yet necessary conversations. If you need to make some vital changes to your business, and subsequently your employment contracts, we can guide you through.

Cheese please!

Has the season of giving got you thinking about how you can introduce new employee benefits to reward employees for their hard work?

Many employers opt for perks such as gym discounts or shopping vouchers, but one firm’s choice is a real cracker. A cheese cracker that is, with an enhanced benefits package that includes free cheese!

Granted (or should that be grated?) they are the UK’s largest independent producer of cheese, but in a nation of cheese lovers we are certain that this unique offering is a big hit with new recruits and bound to help with retention.

If you’re thinking of revamping your employee benefits package, we may have a few ideas to help.

Oh, and we were going to sign off with a cheesy joke, but never mind, it’s no gouda.

Are you dealing with a digital grievance?

Social media channels, from Facebook to TikTok, have become the go-to platforms for venting frustrations. Whether that’s confiding in a friend via a private Facebook message, starting a twitter trend with likeminded strangers or filming tell-all videos that go viral.

It has become second nature for some people to share their experiences online, with little left to the imagination. So much so that even the inner sanctum of the workplace can become public knowledge in a matter of seconds via a disgruntled employee with a penchant for posting.

If you’re less inclined to go public with your problems, it can be horrifying to find out that someone else has; especially if your business has been tagged, named, and shamed for all to see.

Even if you don’t use social media, other people do, and will. Rather than live in fear, however, of what an employee might be saying about your company online, your focus and attention is best spent on building and maintaining a safe and compliant workplace, reducing the risk of grievances altogether.

Good communication is crucial in your business. An employee with a grievance will typically try to raise issues internally first, and there is a procedure that needs to be followed. Usually, it is only if the proper reporting lines are lacking, or they feel ignored, that they will seek to vent their frustrations publicly.

Having a reliable process in place (that is known to all staff) for reporting any issues or concerns during the working day, helps to manage the process. It gives you the opportunity to understand areas of your business that might need improving, or could be damaging, whilst letting employees know that their input matters.

What if it’s a small issue and they won’t let it go? Your process is just as important for the seemingly smaller issues so that you can document and reiterate your response on the matter. Additionally, smaller issues can turn into bigger issues, and having an audit trail will provide your defence.

There are times when you follow all the rules and still an employee will be dissatisfied and complain to their online audience. A social media conduct policy will help to protect your business, and your actions in relation to any breach of your policy.

Dealing with a digital grievance can be stressful and time consuming for a small business. If you have questions about implementing best practice HR or a social media policy, call us today.

How working from home led to disability discrimination

Disability does not discriminate, which means that it can happen to anyone at any point in their life. However, disability discrimination still occurs. The current disability employment gap highlights that disabled people continue to face disproportionate barriers to employment.

To support disabled employees, employers are expected to make reasonable adjustments that remove or reduce the effect of an employee’s disability so that they can do their job. Such adjustments should be positive. However, a recent employment tribunal has shown that this is not always the case.

IT Manager Mr. Lawton worked on the fifth floor of a building and suffered from complex regional pain syndrome. He regularly used crutches around the office to help with his disability. Due to reoccurring issues with the lift, Mr. Lawton asked if he could work from home when the lift was out of order. Communication between Mr Lawton and his employer, Mr Singh, showed that this was approved in accordance with occupational health, although seemingly begrudgingly and conditionally.

From then on, Mr. Lawton reported to being treated differently and unfavourably because of his disability. In one example, he was told he was too slow during a fire drill evacuation. A disciplinary investigation following an incident with the company server resulted in Mr. Lawton eventually resigning and taking his employer to tribunal. Here, he won for disability discrimination.

Although Mr. Lawton’s employer had made the adjustments in compliance with the Equality Act, the adjustments had been seen as a burden and the complainant treated unfavourably as a result.

A separate case concerning a need for flexible working saw a working mother win £22,000 in a case of constructive dismissal, when her flexible working request to take care of her daughter with special needs was refused.

The pandemic has given rise to flexible working requests and these two cases show that the process can be complex, especially when dealing with disability or employees with childcare responsibilities.

Each request for flexible working must be well considered and on its own merits. If you have questions about the process, we’re here to help.

New day one right to carer’s leave

In efforts to “build back better” from the COVID-19 pandemic, the UK government is making changes to create an employment framework that meets the needs of modern workplaces.

Such changes include introducing legislation to support participation in the labour market, such as a new day one right to unpaid carer’s leave.

Currently, employees are entitled to time off to deal with an emergency involving a dependant (spouse, partner, child, grandchild, parent, or someone dependent on you for care). Another current provision is parental leave, which allows eligible working parents unpaid time off to look after the welfare of their child.

However, with around five million people in the UK currently providing unpaid care, and almost 50% of those in work, it was deemed that more can be done in the long term to help carers balance their work and caring responsibilities.

It has therefore been confirmed that employees will be given a day one right to take five unpaid working days per year to deal with a long-term care need. The leave can be flexible: for example, half a day at a time or taken in one go, and doesn’t replace the current entitlement of time off for dependants.

Although it is more leave to be processed, the supportive approach to work-life balance should result in happier, healthier, and engaged employees.

Is full disclosure reducing your recruiter prospects?

Would you hire an ex-offender to work in your business? Perhaps you have never considered this before. In fact, your recruitment process might even be deciding for you by filtering out applicants with a criminal record. As such, you could be minimising your talent pool.

Some roles will understandably require criminal records to be disclosed and checked early on, to assess the nature of an offence in relation to the job that needs to be done. There are also roles where any unspent criminal conviction will be a bar to their employment.

However, if the role would not usually require a deep dive into someone’s background history, you could consider asking for criminal record history to be disclosed later in your recruitment process.

Why is this a good idea? Well, there are benefits to hiring ex-offenders as some businesses have already testified. Halfords has stated that the level of retention amongst its prison academy graduates is higher than that of other employees. Timpson also consider ex-offenders, finding them to be keen for an opportunity and making “great colleagues”. It is good for society too, as it is known that the chance of reoffending is far lower if the offender has steady employment after they are released.

With that in mind, we ask again: Would you hire an ex-offender to work in your business? If it’s something that you would like to explore further, HR can help guide you in the right direction.

Joining forces with your social media star

We have touched on the subject of what can happen when an employee is overly active on social media by mostly looking at the negatives. That is, they are on it when they should be working, or they are revealing company secrets for the world to see. Yikes!

Could there be any positives to an overly social employee? It appears that some businesses have found there are. Uploading her work life to TikTok, including a 9-5 Dolly Parton parody, one Tesco employee has received more than a million streams. Her manager doesn’t seem to mind, and for Tesco, it’s showing prospective recruits that fun can still be had when stacking shelves.

Budding social media stars might consider leaving to work for themselves. It can be a lucrative career! So if it’s an employee and skill that you’d like to keep in your business, why not see if you can join forces by adding a creative new element to their role?

Creative quitters

Resignations are nothing new, and there are many reasons why an employee might decide that it’s time to move on.

What is perhaps less expected, is the way in which people are choosing to resign these days; and that often depends on whether they are leaving on good terms.

For example, at one end of the scale we have the employee who took up baking in his spare time and upon deciding to set up his own bakery, baked a sweet resignation letter for his employer.

On the more resentful end? Setting off all the timers in a restaurant with one-minute intervals, and hiding them, is definitely up there.

Is your recruitment process working for you?

From haulage to hospitality and almost everywhere in between, job vacancies have reached record highs. Close to 1.2 million at the end of last month.

Recruiters are even having to recruit for themselves to meet the demand.

The good news is that businesses are in a position to hire more staff. The bad news, however, is that whilst vacancies remain unfilled, more time and money is spent on advertising, CV sorting and futile interviews.

The impact of Brexit and the pandemic, has left some businesses currently operating on low numbers. A viral sentiment adopted by some captures the moment well – The whole world is short staffed, be kind to those that showed up.

It highlights another problem associated with record levels of job vacancies, an increasing workload and risk of burnout for those that are holding the fort.

Employers with jobs to fill may need to review their current recruitment process. Is it giving them the competitive edge they need to stand out in today’s job market? For some, this has also meant a review of pay scales, resulting in entry level salaries rising at a significant rate.

Not all businesses can afford to bump up the pay package though. So what other options are there?

When your recruitment process is working for you, it doesn’t all come down to salary. There are other hooks and USPs you can utilise to find and attract talent.

• The pandemic has caused a shift in priorities and working practices. Key employee benefits of 2021 include access to flexible working, job security and training.
• For an industry that has been hit hard by the pandemic, a push on training or opportunities to progress within the company may sweeten the deal. Equally, taking on candidates with a good attitude, but lacking some skills and training, can be rewarding.
• Have you been using the same template job ad? Now is the time to analyse it with fresh eyes. Does it really sell the role or your company? Does the language used speak to a diverse pool of candidates? Tweaking a few words here or there can make all the difference.

The next question you’ll want to ask is: “Are the right people seeing my ad?”. The quality and quantity of applications that you receive will help you to determine this. If the answer is no, it could be time to actively seek the candidates that you want to meet. Headhunting has become commonplace in the post-pandemic landscape.

Improving the quality of your applications also saves valuable time later on in the process. It can reduce the risk of being ghosted by only half-interested candidates, or those that leave in their first week for another offer.

When all the attention goes on recruitment, employee retention can sometimes get overlooked, but retaining good employees is a pillar of a successful business. If no one wants to leave, you will have more time to focus on the things you want.

Dealing with narcissism in the workplace

Working with people, you will encounter a range of personalities and their associated traits. It’s the variety of these characteristics that help certain people work well together, and others to butt heads.

One such personality trait demands more attention than others and can be problematic without the right kind of people management in place.

Existing on a spectrum, narcissism ranges from slight narcissistic tendencies to a full personality disorder.

Spotting the signs of narcissism in the workplace is important for damage control and supporting your workforce.

Narcissism refers to an inflated opinion of self-worth, which can lead to behaviours such as:

• Being charming yet insincere
• Taking the credit for others’ work
• Hogging the limelight
• Disregard for the feelings of others

Understandably, these behaviours can cause issues with co-workers or clients.

Narcissistic personalities can end up in positions of power due to high levels of confidence and seemingly top performance. This means that they may not be challenged as often as they should.

This is detrimental to an entire organisation. It can result in increased stress and absences, or accusations of bullying and harassment from other employees.

If you spot narcissistic behaviour in your business, don’t turn away. Approach the person and use questions to better understand where the behaviour is coming from. Has your company culture allowed it to manifest?

Bad behaviour that breaches your company rules on respect should be dealt with as per your usual policy. If problems persist with a particular employee, you may need to pursue disciplinary procedures, for which professional HR help is advised.

Costly denials of flexible working

The UK government recently published a consultation on flexible working titled: Making Flexible Working the Default. What does this mean for employers?

Currently, employees need to have at least 26 weeks service to make a request for flexible working. This has to show how it can work for the business. The employer can reasonably refuse the request.

The consultation is not seeking to remove employers’ choice, but to make flexible working accessible to more people.

Proposals put forward include a day one right for employees to make a request and a review of the reasonable denials of a request. Employers are also encouraged to consider alternatives if a flexible working request cannot be accommodated.

Although employers retain their right to deny a request, it’s worth noting that doing so without reasonable consideration can lead to costly consequences.

We have seen this in recent cases, such as with working mother Alice Thompson being awarded over £180,000.

Ms Thompson’s employer had denied her request for shorter hours to collect her daughter from nursery without seriously considering her proposal.

In another case, flight attendant Chloe Daly won £40,000 after her request for reduced hours, also related to childcare, was denied.

These cases highlight a specific risk of indirect sex discrimination concerning flexible requests from working mothers. Employment tribunals recognise that women tend to take on childcare responsibilities more often than men, meaning that women disadvantaged by inflexible working practices could be at risk of discrimination.

Demand for flexibility has increased since the pandemic and there can be benefits for both employer and employee when it’s implemented correctly. If you have received flexible working requests from employees and need advice on next steps, we can help.

Tipping point: The law is changing on tips

Employers in the hospitality sector will receive new rules on discretionary customer tips under legislation coming into force next year. The change will make it illegal to withhold tips from workers.

Plans were announced back in 2018, under the Good Work Plan, and form part of a wider government strategy to ensure fair and decent work.

These days, especially with less businesses accepting cash since the pandemic, tips are typically paid by card. It is at the employer’s discretion whether these payments get distributed to staff. However, a Code of Best Practice advises to clearly display this decision and communicate it to employees.

Some businesses and restaurant chains have already committed to a fair tips policy, others will need to review their practices prior to the new legislation to ensure they are compliant.

The sector has been hard hit by lockdown resulting in low staffing and vacancies going unfilled. The new policy on tips should help to attract talent and increase job satisfaction, whilst also restoring faith for customers who are crucial in the sector’s continued recovery.

Things that go bump in the… workplace

Books randomly appearing in the middle of the aisle, hearing footsteps whilst working alone and other suspicious noises: One US library faced a creepy conundrum when employees voiced fears that the place was haunted!

They are not the only ones either. Offices in historical buildings, hotels and even one branch of Toys “R” Us have reported paranormal activities on the premises.

Aside from a speedy Google search for “ghost hunters near me” what can employers do when spooked out staff complain of supernatural goings on during their shift?

If it’s purely suspicion, you’ll probably want to remind them that there are more important things to worry about. However, if they are working alone, The Health & Safety Dept can help you with a lone working policy to manage real risks.

If you want to see it for yourself and get an overall picture of how much this is disturbing work, you could consider surveillance. Just make sure your processes are compliant with the Data Protection Act. Give us a call if you have questions.

If something unbooelievable shows up on your recording though, that’s one for the Ghost Busters.

Send in the clowns

No really, please do send in the clowns. A big top circus owner in Northern Ireland has admitted to experiencing a challenging recruitment drive prior to reopening his business post-COVID.

Due to Northern Ireland relaxing its restrictions after other countries, many skilled entertainers already appear to be working overseas.

No funny business. Well at least not until Mr Duffy can staff his big top for the upcoming season. Key competencies needed include adaptability, creativity, and a willingness to travel.

Is an extra week off the answer to burnout?

Nike has become the latest company to join the likes of LinkedIn and Bumble, announcing plans to give staff a week off to help them combat burnout.

The announcement will no doubt have piqued interest, causing employers to question if this is a short-lived trend, a headline grabbing stunt, or a bona fide solution for workplace well-being.

Adequate time for respite from work is certainly key to achieving a good work-life balance. That’s why we always suggest encouraging an even distribution of holiday to be taken throughout the year wherever possible.

With that said, we can’t help but question why staff are reaching burnout in the first place? For a whole company to require a week off, there could be some underlying problems present with people management.

This may not help those businesses already committed to giving staff a week off, but it might produce relief for SME employers who want to maintain a happy, healthy, and productive workforce, without needing to shut down operations. We imagine that it would likely be good news for clients or customers too.

Good mental health has always been important, but the pandemic has driven more conversations around the subject. As a result, some employers are seeking new and attractive solutions to support and motivate their staff.

A week off or even a planned well-being day away from the office might sound appealing to some, but is there a risk of work piling up when employees return? Will it address the cause of why staff are getting stressed out in the first place? These are questions that need to be considered.

To construct an effective workplace well-being strategy that suits your business and those that work within it, a bit of internal research can go a long way. For example, one-on-one conversations with employees regarding their workload and workflow can reveal how and when stressful situations might be arising.

A “shop-floor” viewpoint can help to highlight simple ways in which the day-to-day might be improved. It could give you the insight to provide essential support to staff, reducing the risk of stress building up and leading to burn out. Additionally, a simple “How are you?” now and again can see employees open up. You may find out that there are other ways you could provide support, such as flexi-hours for working parents and carers or an Employee Assistance Programme for a team member going through a hard time personally.

Good workplace well-being need not cost the earth or require you to close your entire business. It does however require a consistent and considered approach to keep your workforce happy, healthy, and working well for the long term.

Can I reduce pay if staff now work from home?

Upon hearing that Google may reduce pay for staff in the US who choose to permanently work from home, UK business owners hoping to cut costs may well be wondering if they can do the same.

One of the main attractions to remote working is the ability to avoid the daily commute. No more packed trains or traffic jams. Then there’s the potential savings on travel. It’s not surprising that the option of remote working is a desirable employee benefit.

However, although these are attractive, employers seeking to reduce an employee’s pay because they now work from home should be aware of the risks in such action.

Doing so would require a change to employment terms and contracts, which the employee needs to be in agreement with or you face a Tribunal for unlawful deduction from wages.

Unless the employee’s job has had to change, warranting a reduction in salary, or the only other option is redundancy, they are unlikely to be onboard with a pay cut. In fact, they may even argue that you are able to save money on overheads due to them now working from home.

Aside from needing to have what could be a difficult conversation, the suggestion alone could damage your relationship and lead to resentment from your remote workers. This would be a less than ideal situation when communication may already be strained.

There are further risks to consider for those managing a hybrid team. If some staff are still attending the office, reducing pay only for those working from home could lead to claims of indirect discrimination.

Employees work better and are more loyal to a business when they feel valued. So whilst pay cuts may not be the solution to cut costs, you might find other ways to reduce budgets or increase profitability with a bit of teamwork.

What to do when you can’t get the staff

Employers may breathe a sigh of relief that the “pingdemic” is subsiding. Fully vaccinated employees no longer need to self-isolate, unless they test positive for COVID-19.

However that may not be the only staffing issue currently plaguing UK businesses. Vacancies are continuing to go unfilled as bosses admit that they just can’t get the staff.

The recruitment game has changed. A combination of factors, including Brexit and the pandemic, has resulted in a jobseeker’s market. What can employers do to find and retain the right people?

Firstly, make sure your offering is competitive in today’s market. Can you match the key desirable benefits of 2021? Think job security, pandemic-proof, training opportunities, health, well-being and flexible working.

Secondly, actively looking for candidates has become commonplace, in the same way that you might be looking for customers. Research and relationship building have never been more important when seeking skilled staff to work for your business. This can be a time-consuming task, but it pays for itself when you find the right person.

Lastly, remember that we are here to help and can handle the process for you, from advertising your role to inducting your new hire.

A red card from HR

Posting a job ad is a vital chance to provide a first impression of your business and reach a wide range of people that might be a good fit for your team.

Naturally, you might consider including a couple of unique points to make you stand out from the competition, such as some identifiable traits of your business or company culture.

What you don’t want to do is accidentally alienate prospective applicants, as one football club recently did. The business has been subsequently called out on social media for foul play!

The ad, for a general manager at AFC Fylde has been criticised for stating “delegators and office dwellers please don’t apply” also “don’t apply if you are looking for a work-life balance or have to pick up the kids from school twice a week”.  Yikes!

Not only can this give a bad first impression and put people off from applying, but it risks being discriminatory, as employment law still applies at this stage of hiring.

If you’re recruiting and want to avoid an awkward own goal, remember that we are here to help.

More support for survivors of domestic abuse

Between two and three women are killed every week by domestic abuse from a partner or ex-partner.

This horrifying truth may shock some readers, as the stigma surrounding domestic abuse, and a lack of awareness on how to show support, can result in the topic being avoided altogether. This, as statistics show, leads to damaging consequences.

Here at The HR Dept we want to make a change. That’s why we joined up with Sharon Livermore, the Domestic Abuse Alliance (DA Alliance) and the Employers’ Initiative on Domestic Abuse (EIDA). We’ve collaborated on a new domestic abuse policy, Sharon’s Policy, and training for employers, so that you can be confident in supporting survivors of domestic abuse in the workplace.

Further highlighting the urgent need of more support for survivors, the Department for Business, Energy and Industrial Strategy (BEIS) has also joined forces with EIDA to become a Beacon member.

Employers looking to raise awareness of domestic abuse to their staff can find resources and support through EIDA, the DA Alliance, Business in the Community, and the UK government website.

Anyone in immediate danger should contact 999.

For more information on Sharon’s Policy or staff training, remember that we too are here to help.

Digital right to work checks to remain for now

There has been some back and forth regarding the future of Right to Work checks. You may remember back in the spring that we reported on the impending end to the temporary process.

After much debate on the topic, and thoughts that the end of digital checks would be a step backwards, it was decided that the temporary digital arrangements will stay in place until April 5 next year.

From then onwards, you will need to carry out physical checks with original documents. However, the government is said to be working on a more permanent digital solution.

Data collection and immunisation

Certain businesses have been advised by government to request that visitors and staff “check-in” each time they attend the premises. This includes hospitality and leisure venues, community centres and those providing close contact services.

The data collected must comply with UK GDPR, and should only be used to help NHS Track and Trace locate anyone who could have come into close contact with COVID-19.

In England, it is no longer a legal requirement to collect this data, much like the wearing of face coverings. However many businesses continue to follow the recommendation. In Scotland and Wales, of course, rules differ, so do seek advice to check that your processes are compliant.

At this stage in the pandemic, the vaccination programme is well underway. COVID or Immunity Passports are being issued for fully vaccinated people to travel with less restrictions. They are also expected to be introduced for “high risk” situations in England that attract large crowds.

Both data collection and immunisation have been key safety measures for people and businesses. It’s understandable then, that some employers are querying whether they can request and record vaccination status from their employees.

For care homes in England, COVID vaccination will be a legal requirement for staff, visiting professionals and tradespeople from 11^th November. For other businesses, there is still some ambiguity over the collection of vaccination status and the legalities of a “no jab, no job” policy.

So, even if you’re not planning to make vaccinations mandatory in your business, can you ask staff if they have had the vaccine?

The ICO (Information Commissioner’s Office) states that, as vaccination status is classed as special category data, use of such data must be clear, necessary, and transparent. In other words, make sure that you really need it and are able to justify this before you collect it.

There are risks involved, which a full risk assessment can help you to identify. For starters you’d need to ensure that your methods of data collection are compliant with data protection laws.

Employers also have a responsibility to protect their staff from discrimination and should err on the side of caution when recording vaccination status. Some people will not get vaccinated for personal or medical reasons and must not be treated any differently to their vaccinated co-workers.

Keep in mind that the pandemic has been a dynamic situation and so there is a chance that official guidance on the matter can change at short notice. If you have questions about keeping your business compliant, get in touch.

New duty for employers to protect staff from
sexual harassment

By law, employers are required to take reasonable steps to prevent their employees from experiencing sexual harassment by their colleagues.

However, the government’s response to a recent consultation into workplace sexual harassment suggests that more needs to be done to stop it. The consultation had collated feedback from charities, employers and the general public.

At present, many instances of workplace sexual harassment are dealt with in a reactionary manner. This approach has been criticised for not getting to the root of the problem; especially considering that harassment can go unreported through fear of reprisal.

Commenting on the findings of the consultation, Minister for Women and Equalities, Rt Hon Elizabeth Truss MP is confident that the actions the government will take will see a shift change and make a tangible and positive difference.

So what does this look like?

The government is committed to updating existing legislation and introducing a new preventative duty for employers. Whilst the finer details are yet to be revealed, it is expected to require employers to take “all reasonable steps” to prevent harassment.

A statutory code of practice and accessible guidance for employers will also be released. Until then, the Equality and Human Rights Commission’s 2020 guide for employers on preventing sexual harassment at work is a helpful tool for making your business safe and free from harassment.

Sexual harassment is a sensitive and complex issue. If it is managed poorly, it can do serious damage to your business. For expert advice contact your local HR Dept without delay.

Refusing to come to work through fear of COVID-19

Are you dealing with an employee refusing to return to the workplace through fear of contracting COVID-19? With workplaces reopening and the virus still in circulation, this is a real and risky situation for employers.

The Employment Rights Act 1996 provides employees protection from dismissal where they take appropriate steps to protect themselves or others from serious and imminent danger.

However, this isn’t a carte blanche for employees not to show up to work, especially if you have followed COVID Secure guidance and taken the necessary steps to protect staff from COVID.

Such was the finding in the recent Employment Tribunal concerning Rodgers v Leeds Laser Cutting Limited. Mr Rodgers’s claim for automatic unfair dismissal was unsuccessful, with the ruling pointing to the fact that he had not raised any concerns to his employer about any perceived danger. The emphasis here being on a real or perceived danger, and not a generalisation.

This is a complicated issue nonetheless and any situation regarding an employee refusing to come to work through fear of catching COVID-19 should be assessed individually and with expert advice.

What to do when personalities clash

Personality clashes are an awkward but inevitable part of life. When different types of people work together at the same company, personality clashes can disrupt the workplace.

Because personality clashes can’t necessarily be avoided, you may think that there’s little that can be done. In fact, you might try and stay out of it altogether and let those butting heads just learn to get along.

The trouble with this approach is that, if you don’t change something, very often nothing will change. Your feuding foes are unlikely to suddenly see eye-to-eye without some level of mediation.

To prevent a personality clash escalating, it’s wise to sit down with each employee individually to find out what’s really going on. If there’s no obvious cause of conflict and you need them to work together, mediation with a trusted third party can be a productive way to move forwards.

Summer slackers

Summertime and the weather is, well, British.

There’s a high chance your employees are longing to be outside when the sun is shining or daydreaming of an upcoming holiday when it’s not. Summer can be a distraction for all sorts of reasons.

You can’t hide the sun, let’s face it, it does a good job of that on its own. So what can you do to get your team focused and back on track this season?

Aside from reminding them of important work by setting summer goals, relaxing a few rules around this time of year can have a positive effect on productivity. This could be summer working hours or a relaxed dress code for example.

Employees should appreciate the gesture, but if some people try to push the boundaries with extended lunchbreaks, remember that we are here to help.

Managing those newbie mishaps

HBO Max recently held their hands up in a tweet regarding an email sent out to its mailing list in error, admitting that, “as the jokes pile in, yes, it was the intern”.

The Twittersphere responded beautifully, with all manner of people revealing their own mistakes during previous internships.

Mistakes happen and sharing your own mishaps can reduce some of the dread an intern in this position is likely to be feeling. A word of caution though, maybe give their training plan a review before you let them near the send button again.

Staffing your business this summer

Summer staffing can be a conundrum and this summer brings even more obstacles than usual.

Alongside the usual staff absences caused by summer holidays, employers are navigating pandemic and Brexit related shortages.

The vaccine rollout and reopening of businesses has seen many people return to work and their usual activities. However, warnings that COVID-19 is still in circulation mean that there is still a risk of disruption.

Meanwhile, businesses gearing up for a busy period, some hoping to profit from fewer Brits travelling abroad, have reported difficulties in filling vacancies. Whether down to receiving too many CVs from inexperienced applicants, or none at all due to economic uncertainty, recruitment is taking up increasing amounts of time and energy.

After a year and a half of pandemic related issues, customers are beginning to express fatigue with COVID excuses for longer wait times, late deliveries and reduced services. Businesses hoping for a successful post-lockdown summer season will need to make staffing with adequate cover a top priority.

There is always a chance that someone may go off sick when someone else is on holiday, but this is an even higher eventuality now with summer being prime time for vacations, even staycations, and sick leave involving self-isolation or quarantine.

A helpful way to stay on top of absences is through absence management software, like The HR Dept toolkit. Your team can see availability for holiday before sending through a request, whilst you can manage staffing levels to make sure that you have adequate cover.

If need be, you can determine when employees take their holiday, providing you give them the right amount of notice – double the length of the holiday. Keep in mind that paid leave is for maintaining good health and well-being, and so an even distribution of holiday throughout the year is best.

This also applies to furloughed employees. Flexible furlough is still available this summer and can be helpful for keeping your business staffed during the busiest times of the week.

Having enough people to staff your business is vital, but remember, good people management is more than just a numbers game. If you’re approaching a busy time and need your team on top form, talk to them to make sure that they have what they need in order to excel. A supportive and approachable leadership team is an important component for successful absence management.

Are you aware of resignation risks?

When an employee resigns you may think that this is the last that you will see of them and that there is little left for you to do before closing the chapter on their employment. Naturally, your attention may quickly turn to finding their replacement.

Whilst replacing your leaver may understandably be at the forefront of your mind, some time should be set aside for an exit interview and leavers checklist, because a resignation from an employee can carry risk.

During an exit interview you will want to establish why your employee has decided to end their employment with you.

If it transpires that they feel they have no choice but to leave due to an unresolved issue, you’ll want to find out as much as you can to see if you can resolve this. A disgruntled employee leaving in this way could otherwise seek to bring a constructive dismissal claim against you.

If things have turned particularly sour and an employee verbally quits in the heat of the moment, you may want to let them cool off before going any further. When they have calmed down, approach this in a calm and rational way to see if they are committed to resigning. If they are, you should request this in writing.

Not only is it helpful to part ways on good terms for well-being and reputation, but it minimises the risk of a future claim coming back to bite you. That would be the last thing you need when you’ll likely be busy training up a replacement.

To further protect your business, your leavers process should also address points like the return of any loaned company property and final pay for your departing employee.

Resignations can be risky and, at times, fuelled by emotion. If you need advice call us.

From menstrual leave to menopause

Sadly, period problems, resulting from menstruation or menopause, are still seen as taboo topics of discussion in most workplaces. This leaves those who are suffering to do so in silence.

Not every person who menstruates will need to take time off work due to symptoms, but for those that do, the scale of discomfort can reach debilitating levels.

Some countries, including Japan and South Korea, offer paid menstrual leave. While this practice hasn’t been widely adopted, some UK companies have introduced similar policies.

Employers seeking to better support those suffering due to menstruation or menopause can empower their employees through accommodations which help them to manage their health at work. Flexible working, from flexi-hours to flexi-location, can help; along with adding painful periods or menopausal symptoms as accepted reasons for sick leave.

An Employee Assistance Programme (EAP) can provide important emotional support.

Lastly, an inclusive workplace which makes no space for gender stereotypes or discrimination can help to dissolve the taboo surrounding periods and create a happier, healthier workforce for the future.

Preparing for the end of furlough

The Coronavirus Job Retention Scheme (CJRS), which has helped to keep millions of people employed throughout the pandemic, is winding down. It’s expected to be completely phased out by the end of September.

This month, employers were asked to contribute 10% of furloughed employees’ wages, up to £312.50 per month, in addition to National Insurance and pension payments. This contribution will increase in the coming months seeing employers paying 20% and the government subsidising 60% for those on furlough.

HMRC are continuing to undertake compliance interventions to combat misuse of the CJRS, so if you’re planning on furloughing until the very end, take note of the changes.

With the scheme coming to an end, workforce planning is crucial. If you think that you may need to make redundancies, keep in mind that this process involves a legal time frame. Have you considered all of the alternatives? Ask us if you’re unsure.

Spotted socialising on sick leave

If you thought that a sighting of an employee down the local social club whilst on sick leave equalled automatic grounds for dismissal, take heed from the results of this recent employment tribunal.

A driver for a surfacing company was recently found to be unfairly dismissed for this very reason.

The tribunal concluded that a fair investigation and procedure had not been carried out by the employer. Issues such as a missing clause regarding ill health in the company’s disciplinary procedure, and knowledge that other employees had done the same in the past with no repercussions, helped to inform the judge’s ruling.

An investigation helps to establish the facts and distinguish between an employee breaking the rules and one who believes their actions to be within reason.

Sick leave should be used for recovery, which doesn’t always mean being confined to the house. If you’re in a similar situation, gather all the facts and check your policies before taking action.

Smile for entry

Smile, you’re on camera!

Being one of the most watched nations in the world (we rank third after China and the US), we’re no strangers to security cameras.

They do however tend to blend into the background, so having to acknowledge and smile into one may seem strange.

Would it help to improve positivity though? The Beijing branch of Canon is currently trying to find out. Employees can now only enter the offices if they are smiling at AI cameras.

On the upside, smiling can reduce stress and improve the immune system. However, a forced smile is unlikely to produce the same results and could mask someone who needs support.

If you’re seeking ways to improve positivity in your workplace, little things, like showing appreciation, can really work wonders.

The cost of workplace conflict

Conflict happens. It’s part of everyday life.

Whether between friends, foes, neighbours, family members, or complete strangers, conflict can arise. Learning to deal with it well is a valuable skill to have.

The workplace can sometimes provide respite from conflict. It can also be the source of it. With different personalities working together in one organisation, and a large proportion of our waking hours spent at work, a degree of conflict in the workplace is inevitable.

As HR professionals, this is something we know all too well. We have been helping businesses manage and prevent workplace conflict for almost two decades.

Similarly, Acas (The Advisory, Conciliation and Arbitration Service) has been front and centre for many heated workplace situations over the years. It is well positioned to comment on the scope of workplace conflict in the UK, and has calculated the pre-pandemic cost to organisations being a staggering £28.5 billion.

If you’re wondering what that looks like day-to-day, it equates to £1000 per employee. Yikes!

How did the cost of conflict come to be so high?

It’s a combination of costs that can be triggered by conflict; conflict which has usually been left to fester.

This includes organisational costs such as employee absences, presenteeism or resignation. Plus the time spent trying to resolve an issue. Plus the costs of formal procedures like disciplinary processes or litigation.

Not all conflict is going to contribute to such expense. In fact, some conflict can be beneficial to help your people and your business grow. Think a high-energy creative meeting or puzzling team-building session.

An experienced manager will be able to spot the difference between good conflict and the kind that needs an intervention – usually an early one at that.

Dips in productivity and/or increased absences are key identifiers of a potentially troublesome situation, as both can be the result of stress and poor well-being. When these sorts of behaviours start to arise, a one-on-one conversation with an employee can provide the subtle first steps towards an intervention.

Many instances of workplace conflict can be resolved at this point, saving time, money, and morale. For the times when next steps require further investigation, don’t forget that we are here to help.

Supporting your LGBT+ employees

Pride events may be curtailed by social distancing measures again this year, but that shouldn’t stop the celebrations. Many people have turned to online events to show their support of LGBT+ people.

Support for LGBT+ rights is increasing with the awareness that Pride brings each year. However, there is still some way to go before everyone can feel safe being themselves in public, and bringing their true selves to work.

In a report released earlier this year, the CIPD (Chartered Institute of Personnel Development) found that LGBT+ employees are more likely to experience harassment at work than their heterosexual, cisgender co-workers. The survey also revealed that LGBT+ employees reported feeling more psychologically unsafe at work.

Everyone has a right to feel safe and be treated with respect at work. These latest findings are concerning. They show that some workplaces may be falling short on inclusivity and ensuring the protection of all employees.

Even the most inclusive of workplaces will have been challenged during the pandemic. Forced isolation and separation has put great pressure on mental health and well-being. For some LGBT+ people, this involved being cooped up in sometimes hostile home environments, and without their usual support systems to lean on. They may also have been at an increased risk of cyber bullying during lockdown.

The good news is that there are actions which employers can take to make a difference and show their LGBT+ employees that they are valued and supported. This starts with a zero-tolerance policy towards harassment and discrimination.

Clear policies and lines of communication help employees to know that they are protected, and how to report a grievance should they feel threatened. Beyond this, providing an Employee Assistance Programme and signposting LGBT+ charities and networks can make a positive difference all year round, not just for Pride.

Age discrimination tribunals have increased

According to research by Rest Less, a community for the over 50’s, age discrimination employment tribunals increased by a whopping 74% in 2020.

Thought to be a side effect of the pandemic, concerns have been raised that age discrimination complaints may continue to rise further unless a more age-inclusive approach can be adopted in the workplace.

Promoting age-inclusivity doesn’t just reduce the risk of discrimination and tribunal claims, it boosts diversity and can make for a happier, more creative workforce.

So how can employers check that their processes are age-inclusive?

A good place to start is with recruitment. Blind CV screening, which removes identifiers of age, can help to reduce the risk of age-bias in the recruitment process, assisting you in finding the best person for the job.

A further commitment to being an age-friendly employer may include the provision of flexible working to improve accessibility to work, or lifelong learning to encourage career development and the growth of key skills at any age.

A re-introduction to the workplace

Due to the continuation of the vaccine rollout, attention for many employers has turned to the further lifting of lockdown restrictions: namely, re-opening the workplace or bringing more employees back to work.

We know that many business owners will be eager to see their work premises occupied again, but wonder how many are ready to go when the time comes?

Aside from making the workplace COVID-Secure, there are other important considerations for bringing employees back to work.

Furloughed workers in particular, that have been away from the workplace for some time, may benefit from a return-to-work induction. This can help them to adjust to any major changes that happened in the business during their absence. It also provides a good opportunity to talk through any new workflows, procedures or safety protocols that you need them to follow.

If you want to implement a return-to-work induction for your staff but aren’t sure where to start, give us a call.

Holiday how-to’s

Holidays have been a topic of much discussion lately. Whether hurrying to secure a staycation spot before a price hike or rushing home from a country that’s suddenly been added to the “amber list”. Don’t forget the extra bank holiday next year for the Queen’s Jubilee too!

Holiday management for employees can be a minefield without the pandemic and extra bank holidays being added to the mix. So, how should you deal with these situations?

If an employee’s holiday abroad gets cut short due to COVID, they may be required to quarantine when they return. Your best bet is to prepare for this by updating your holiday policy and letting all staff know how this will be handled. It may need to involve home working, extra holiday being used or unpaid leave. If you are dealing with an employee stuck abroad now and are wondering what to do, call us.

As for the additional bank holiday next year, whether staff are entitled to this comes down to the wording in their contracts. However, you may still wish to permit this as a gesture of goodwill. It’s a good idea to start thinking about this now so that you can make sure your business is adequately staffed when the time comes.

Keeping it cool

BBC viewers were left surprised when a camera panned the studio to reveal a news anchor wearing shorts and deck shoes under the desk (comically paired with a suit jacket, shirt and tie above the desk).

Whilst some people could relate, noting that it was the hottest day of the year so far, others were left wondering if the leg bearing shot was meant for live television.

As temperatures soar in summer, employees might be seeking ways to keep their cool. A relaxed summer dress code is one way to help whilst keeping your team and your business on brand.

Closing the communication gap

We all know that good communication is essential, not just for business success, but also in day-to-day life. Yet it doesn’t always happen. Everyone, at one point or another, will suffer the failings of a miscommunication.

It could be down to poor WiFi, piecemeal information, a language barrier, communication preferences, or countless other reasons. So whilst we can all confidently agree that good communication is critical, we can also acknowledge that life throws in a few curveballs to test even the best communicators.

The pandemic has done just that. The way in which people communicate had to change this past year, with minimal social contact forcing business meetings and processes to become virtual. Company culture has also been challenged, showing a need for new and inventive ways to bring people together.

Employees might just be getting comfortable with the temporary solutions implemented during the pandemic, but is it all about to change again?

Some employers are seeking to learn more about a hybrid-working style, a mix of remote and office-based working.

Hybrid working brings benefits such as increased flexibility and reduced overheads if you downsize. It can however create new barriers for communication within teams.

Employers wanting to make a successful permanent move to a hybrid working model will need to consider this early on. It will help them establish how employees can work together and communicate effectively at all times.

This can look different from one business to the next and will depend on the unique makeup of each workforce. For example, cross-cultural and cross-generational teams may benefit from some team-building exercises or light-hearted activities to help them connect.

Inclusivity is centric to successful hybrid working, and clearly defined processes for meetings and projects will help. This might be making sure that remote workers are dialled into office meetings. Collaboration software, as an alternative, is becoming a popular way for team members to keep each other in the loop on the status of a project, no matter where they are.

There is lots to consider when moving to a hybrid working model, and some difficulties may not become clear until you are already trialling it. To help close the communication gap for your hybrid team, why not consider a training session on effective communication skills? A refresher can do wonders for all involved.

Mental health matters

Earlier this month #MentalHealthAwarenessWeek helped to fuel online conversations surrounding the importance of good mental health. Whether at home or at work, protecting mental health is vital for happiness and well-being.

Everyone has mental health and needs to take care of it. Not just for Mental Health Awareness Week, but at all times. Employers looking to show their commitment to workplace mental health can achieve this through a holistic well-being strategy for their workforce.

Workplace well-being has been rising on the agenda for senior leaders since the pandemic began, but many don’t quite know where to start.

The first point of call should involve talking to employees. Whether one-on-one or in groups, give them an outlet to discuss the life changing events of the past year. Find out what challenged them the most, what support they found most beneficial, and how they feel about returning to the workplace post-pandemic.

Some people will have experienced loss and may still be battling with grief. By acknowledging this, you can find out if and how they would like the news to be communicated with co-workers. You may uncover that they would benefit from some additional emotional support, such as counselling via an Employee Assistance Programme.

Making mental health part of the conversation can create a positive shift in your company culture, eliminating stigma and encouraging employees to be mindful of their own mental health and that of their co-workers.

When managing the process of bringing employees back into the workplace, keep in mind the potential risks of back-to-work anxiety and work-related stress. Mental health support is often provided when a person is already suffering, but a successful well-being strategy will include preventative measures too.

The Right to Work process is changing

Last year, temporary adjustments were put in place for Right to Work checks, so that employers could continue to keep their hiring process compliant during the pandemic.

The changes allow for checks to be carried out over video calls and for scanned documents to be accepted.

It has been announced that this temporary process is coming to an end on 20 June. This means that from 21 June onwards, employers must either check the applicant’s original documents or, where relevant, check the applicant’s right to work online.

Another date to be mindful of is the deadline for applications to the EU Settlement Scheme on 30 June. Employers hiring EU employees after this date need to check their eligibility to work in the UK through the scheme.

Right to Work checks are a legal requirement when hiring staff and getting this wrong can result in a hefty fine or even prison time! Investigations are expected to pick up as businesses gradually re-open. If you need assistance with the process, get in touch.

How to avoid positive discrimination

You may see the term “positive discrimination” and think it an oxymoron. Discrimination, when involving people management, is often associated with unfavourable treatment after all. How then could it ever be positive?

Positive discrimination relates to the process of hiring someone solely on the basis of a relevant protected characteristic.

Unless this is a proportionate means of achieving a legitimate aim, this is illegal in the UK. The hiring process should be focused on finding the best person for the job. It’s complicated and expert advice is recommended.

Employers who are interested in building a strong, diverse workforce should instead be looking at taking what is called “positive action”. This might be through the careful targeting of job adverts or training to assist disadvantaged groups. If you want to know more about the difference between positive discrimination and positive action, contact us.

This task is a walk in the park

During lockdown many of us turned to nature for our daily exercise and to take a mental health break from the pressures of the pandemic.

Spending time in nature is known to have many positive mental and physical health benefits. So much so that five GP practices in Scotland actually trialled giving prescriptions for nature.

As attention turns to the reopening of workplaces and bringing employees back to work, one thing that employers can do to support employee well-being through this process is to keep nature on the agenda.

This could be as simple as bringing more plants into the office, taking a meeting on a walk or even a team fundraising effort that embraces the great outdoors.

From happier and healthier employees to a boost in creativity, the benefits of nature on mental health and well-being are far reaching and easy to obtain.

15 years late for work

When an employee is fifteen minutes late for work, you might decide to let it slide, but what should you do when they don’t show up for fifteen years?!

Believe it or not this actually happened. An Italian hospital worker continued to receive his monthly salary despite not attending work in over a decade, totalling more than half a million Euros.

Now that the authorities have caught up with him, the employee is facing the full weight of the law.

Hopefully you would notice a missing person before too long and not rack up such a large bill for absenteeism, but just to cover yourself, some attendance tracking software can help. Ask us for details.

Helping your managers to thrive post-pandemic

Have your thoughts been turning to getting back to business since the lockdown easing was announced? Or maybe your business has been open this whole time but looking a little different to normal?

It’s now over a year since the pandemic first hit; and companies, workplaces, and the people within them have changed.

Many people openly admit to craving some sort of normality; but is that what’s best, or even possible, post-pandemic?

For many employers, getting back to business may well involve working in new markets, managing new processes, and mitigating new risks. To hit the ground running when the economy fully reopens, you’ll want confident and competent decision makers by your side.

A good management team can make the difference between a company flailing or thriving in the post-pandemic landscape.

However, despite the important role that line managers play in a business, it’s not uncommon for new managers to learn on the job. This can offer hands-on experience but can also leave them open to the risks of ill-informed decisions. Would you give the keys to your car to a non-driver and say here you go, learn to drive?

Firefighters practice many task-based drills before heading into a fire. Likewise, training and development can give your managers the skills they need to address people problems in your business before they escalate.

Managers recruited internally, perhaps even during the pandemic due to their ability to work well under pressure, will know your business well and will have built up valuable institutional knowledge. This is great, but you’ll want to ensure that their ability in key management skills – planning, communication, interpersonal, problem solving, and delegation – is sufficient for the task ahead.

Management teams in 2021 need to add a few new strings to their bow to adapt to the needs of the post-pandemic workplace and its people. Particularly the shift towards hybrid working which brings new management challenges.

At a time when budget cuts are high on the agenda, learning and development can often be one of the first to get the axe. Unless, of course, you look at the long game where upskilling employees and managers now saves time through enhanced productivity, a reduction in high-risk HR issues and better staff retention rates. Training is often reported to be the most popular benefit within a company.

When training is done well, it offers a true return on investment.

What is hybrid working and is it right for your business?

The term “hybrid-working” has gained popularity recently, but what exactly does it mean, and could it be right for your business?

Hybrid working is a style of working which involves both workplace attendance and remote working. Like remote working, hybrid-working is not new, but has received heightened interest due to the pandemic.

Since working from home became, and for some continues to be, the default way of working, more employers have been able to see first-hand the benefits and setbacks of managing a remote workforce.

Employees have also had a trial run of working from home, and understandably, the opinion polls are mixed when it comes to their long-term preference.

Can hybrid-working offer the best of both worlds? Many employers are keen to try it.

To understand whether hybrid-working is right for your business, it’s important to consider what the positives and negatives may be.

On the upside, increased flexibility can lead to happier and more productive employees. Flexible working patterns are known to support a better work/life balance and can be particularly beneficial for those with difficult commutes or caring responsibilities.

Another plus for the hybrid-working model is that it can widen a potential talent pool and thus increase the diversity of candidates. The best person for the job may not live locally, or want to work remotely all the time, in which case a hybrid model could be a workable solution.

The negatives? Some firms have found that their creativity and problem solving has stalled with Zoom. You could be paying for an office space that isn’t fully utilised, although if you can, downsizing may be a solution. You could also experience new challenges in communication between teams. When conversations happen in the office, how is everyone else kept in the loop?

If you’re undecided, why not give it a trial run? A phased transition back to work could be the perfect opportunity to do so.

An extension to H&S protections for workers

In a case involving the Independent Workers’ Union of Great Britain and the Secretary of State for Work and Pensions, the High Court found that certain EU health and safety protections for workers had not been correctly implemented.

The matter concerned the right to not be subjected to a detriment due to taking the appropriate steps to protect themselves, or others, from serious and imminent danger.

Currently, this protection is only afforded to employees under the Employment Rights Act 1996.

As a result of the case, the government has issued a correction, extending the health and safety protection to workers. This will be effective from 31st May this year.

An in-depth evaluation of workers’ rights and modern working practices has been underway since the Taylor Review in 2017. Whilst the government did address some issues raised through it’s Good Work Plan, there is still more to be done to ensure the protection of workers’ rights in the modern working world.

Are you managing a workaholic?

Have you ever been called a workaholic? When you have a business to run, it can sometimes feel like you’re spending all of your time working.

A hard work ethic is admirable and can set a good example for employees, however downtime is also very much needed. Not just for mental and physical health, but also the success of the business.

If you think an employee could be suffering from work addiction or presenteeism (the need to be seen working), consider how you can help them to channel their productivity in a healthy way.

Working excessive hours is unlikely to be productive all of the time. Mistakes can start to show, leading a workaholic to put even more pressure on themselves to achieve.

Encourage your worker bee to take some time out before they burn out. A team lunch (in line with government advice) could give them and you something to look forward to, and a well-deserved breather.

Progress made for equal pay

Asda’s equal pay dispute is the largest ever claim of its kind to be brought against a UK employer.

More than 44,000 Asda employees have just won their latest battle for equal pay through a Supreme Court ruling. The issue has been that the store workers who are predominantly women are paid between £1.50 and £3.00 an hour less than the warehouse staff who are predominantly men.

Equal pay is a matter of legality, originally introduced as the Equal Pay Act 1970 and brought under the Equality Act in 2010. It requires all staff to be paid equally for work of equal value and this ruling has allowed the women to use the warehouse staff as a comparator.

The case is not over yet as this is just the first step in a claim regarding equal pay. It does however set a standard for comparators in future similar claims of unequal pay, which several other high-street chains are currently facing.

Important employment law changes

With coronavirus still largely dominating conversations, it can be easy to miss other important updates concerning your business.

Important changes came into effect this month which we don’t want you to miss.

• Hourly rates for both the National Minimum Wage and National Living Wage have increased.
• Statutory Family Leave payments have increased from £151.20 to £151.97 and Statutory Sick Pay (SSP) from £95.85 to £96.35.
• The new IR35 rules apply to medium or large businesses in the private sector only. If your business meets two out of the three criteria, you are classified as a small business and are exempt:Annual turnover is no more than £10.2 million
  Balance sheet total is no more than £5.1 million
  No more than 50 employees

If you need advice implementing recent changes due to updated employment law, please do get in touch.

Positive news alert: Some businesses are hiring and thriving

Throughout 2020, the devastation caused by coronavirus dominated the headlines. More often than not, the stories were about exponential spread, rising death tolls and redundancies, revealing the enormity of the crisis and its impact on our health and the economy.

This year, a key message is one of hope. More than 25 million people have received at least their first dose of the vaccine, kids are back in school, and we have a route map out of the current lockdown.

Extending the government’s stimulus package to support businesses and keep people employed, the Coronavirus Job Retention Scheme will stay open until the end of September.

Many will be pleased about the extension, but some have criticised it, calling it a delay of an inevitable rise in unemployment when the scheme eventually ends.

Sectors that have been hardest hit during this time will need to take stock and should seek advice on effective workforce planning. Others, it seems, are not only hiring, but thriving, and creating new opportunities for employment.

In its latest labour market outlook, the Chartered Institute of Professional Development (CIPD) reported that over half of employers surveyed intended to recruit in the first quarter of this year. A promising statistic after a year of frightful figures.

Reported sectors showing signs of growth included healthcare, education, finance, insurance, and tech.

Many of us saw delivery drivers more than our friends and family last year. It may not be surprising then to know that convenience driven courier services are also experiencing a boom. Businesses in this sector looking to engage many more contractors may like to seek professional advice. Classifying employment status can be a complicated and high risk area of HR.

It has been said before that from tragedy comes triumph: A saying which the start-ups emerging from the pandemic are likely to agree with.

From Petflix style streaming services for cats and dogs in lockdown, to new mobile health-tech apps improving research and well-being. Creative digital endeavours are springing up everywhere, showing a bright side for the future of work.

Back to school, but not back to the office…yet

Back to school isn’t usually the main topic of discussion in March, but this year is already like no other.

Schools re-opened earlier this month as the first steps of the government’s plans out of lockdown took effect.

The re-opening of schools provides a return to some normality for families and working parents who have been homeschooling for many of the past 12 months. As such, employers who furloughed working parents for childcare purposes can facilitate a return to work.

For many, a return to pre-COVID life feels closer than ever with the vaccine being rolled out at speed. However the government has warned against the dangers of complacency. For clarity, the main “stay at home” message applies until 29 March in England. The current message in Scotland and Wales is “Stay Local”.

Despite this, research suggests that one in five employees is attending the workplace unnecessarily.

The government’s plan for easing lockdown restrictions gave some insight into when certain types of businesses can expect to reopen. However, with no official timeline for office workers, some employers will be unclear as to how they should manage their staff.

To help, here’s a reminder of the current guidance on attending the workplace.

Employees should only leave home for work purposes where it is unreasonable for work to be done from home. This includes, but is not limited to, people who work within critical national infrastructure, construction or manufacturing that requires in-person attendance.

Some employees will prefer attending the workplace, it may benefit their mental health or provide a safe space for them to work effectively. In this situation, it is permitted for employees to attend a COVID-secure workplace. We’d advise keeping a record of anyone attending and the reasons why.

Free rapid COVID testing is now available for all businesses in England. If you have done a COVID risk assessment and have employees attending the workplace, providing access to tests can help to instil confidence in those employees who cannot work from home during this time.

Spring cleaning the paperwork pile

Lighter evenings coincide with the gradual easing of lockdown restrictions. The new life associated with this change in seasons brings hope to those wanting to move forwards.

This year, spring cleaning the house may also lead to a shakeup of the home office. Where did this lengthy to-do list come from?

The pandemic forced many employers to make quick and essential changes last year, which can result in more admin and HR tasks.

Amid a crisis, HR admin tends to fall a few places on the priority list. But given the protection that it provides a business and its employees, it’s an essential component for success.

If you made changes to your business last year, it could be time to review your employment contracts and company handbook to make sure they are up to date and reflect the current situation. These documents underpin your whole employment relationship with your staff. They describe what rights they have, what rules they must follow and what happens if they breach them. Contact us if you’d like to discuss this.

Sizing up staff for a return to work

Under a national law in Japan that came into effect last year, companies and local governments must now measure the waistlines of Japanese people between the ages of 40 and 74 as part of their annual check-ups.

Employers may be required to pay more into the national health care system if the waistlines of employees, their families and retirees exceed the government’s limits of 33.5 inches for men and 35.4 inches for women.

At the time, we thought we would never be doing that in the UK. However, in a COVID return-to-work questionnaire, the DVLA has asked staff for their waist measurements.

The question, which was said to have been included under Welsh government guidance, formed part of a points-based risk assessment to identify those who could return to work safely and those that were more vulnerable.

However, many people are very sensitive about their size. So finding a more subtle way of identifying those at risk of obesity or diabetes is advisable.

If you’d like professional advice when interpreting guidance for your return-to-work process, we’re here to help.

Are you ready for the robot revolution?

Through opening their first cashless store outside of the US this month, Amazon have provided Londoners with a sneak preview into the future of retail. Self-serve tills have been operational in supermarkets for some time. In this store, however, it seems there’s even less of a need for onsite personnel.

The pandemic may well have accelerated our need for reliable automation, but the so-called robot revolution was already well on its way.

A World Economic Forum report has suggested that machines will be taking care of as much as half of all work tasks by 2025.

Jobs at risk of automation have high levels of repetition and routine, such as data processing, administration, shelf-filling and waiting in hospitality.

Of course, someone will need to be there to diagnose and resolve situations when “the computer says no”. So upskilling employees is crucial for effective and successful automation.

Going green with your team

One positive to come from the pandemic is that social distancing and restricted travel have reduced the carbon footprint of society.

Will all this good for the environment be undone when normal life resumes?

One way that you can ensure your efforts are not wasted is to keep the green theme going in your business.

Get employees on board by sharing your values (something extolled in the book “Conscious Business”). This might include reducing waste, promotion of green commuting or setting green challenges for the team.

Not only will you be helping to combat climate change, but having a cause in common is a great morale booster.

Social media: When sharing becomes oversharing

Social media has been a popular way of keeping in touch with distant family and friends for years. It is perhaps unsurprising then, that usage of social media skyrocketed in the past year while other more traditional forms of socialising became limited during lockdown.

People are not just turning to social media to stay in touch, but to stay informed on breaking news or follow online fitness classes with gyms being closed. New trends have emerged too, with whole households uploading comical dance routines to the breakout app of 2020, TikTok.

Whilst social media has many pros: keeping people connected, entertained and active to name just a few. Excessive use also comes with cons.

Too much time online, in a heavily filtered environment, can alter a person’s perception of reality. It can lead to increased feelings of anxiety, depression and even isolation. Most smartphones now come with timers to encourage self-management and keep activity to a minimum. A good idea for anyone who is feeling the effects of spending too much time on social media.

Another con which can arise from too much time on social media is the tendency for people to “overshare”.

During the pandemic, numerous reports have emerged of employees claiming to have been fired over viral videos posted to social media. Bad behaviour has included: revealing company secrets, arrogantly flouting COVID rules and bad-mouthing customers. We are sure you can imagine many other ways of acting up whilst in uniform too. These employees have fallen foul of oversharing and paid the price.

It’s not just work-related gaffs that have led to a dismissal. Employees revealing strong political opinions and emotional outbursts online have also raised concerns for employers.

It would appear that even company directors can suffer from an urge to overshare. In a social slip-up that led to his dismissal, Iceland’s former director of corporate affairs made some derogatory comments about the Welsh language. His colleagues at Iceland, a proud Welsh company, were not amused.

So, what is the safest course of action for an employer to take when something like this happens?

In 2021, one of the most important ways for a business to protect its reputation and confidentiality is to have a robust social media policy in place. This then needs to be communicated to all employees. Staff are going to use social media, that’s a given. Indeed, keeping connected with others can be helpful at a time like this. However, a policy helps to clarify conduct and the consequences of any social media misconduct whilst in your employment. This kind of policy is an important tool, should you be faced with an awkward case of oversharing.

For advice on what yours should include, give us a call.

The employment claims arising from COVID

Coronavirus has rapidly changed so many aspects of modern life. From socialising to working and more.

Towards the end of last year, it was clear to see the impact that the pandemic has had on employment related disputes. There had been a sharp rise in employment tribunal claims. In April to June alone, the increase against the previous year was at 18%.

With the virus still in circulation, employers could be facing a continuation of coronavirus related claims well into 2021.

Examples of risks arising from the pandemic include disputes over contracts, mismanaged redundancies, or problems with pay due to misuse of wage subsidy schemes.

We are starting to see these issues play out in tribunal courts. Although the following case comes from Jersey and was won by the employer, it provides a lesson in the importance of clear contracts and policies in defence of a claim.

The claimant was a Jersey plumber who challenged his employer’s decision to temporarily lay-off staff without pay. At the time the employer had not understood that Jersey’s wage subsidy scheme could apply.

Whilst the court acknowledged this to be unreasonable, they did not find failure to use the scheme unlawful due to the terms of the scheme. Instead, they reviewed the employment contract and company handbook to ensure there had been no breach in how the matter was handled.

Due to a term in the handbook permitting the employer to lay-off employees for short periods of time, the case was found in the employer’s favour. Here in the UK, this would need to be an express clause for ample protection.

This example goes to show that although a crisis can throw you in at the deep end on decision making, robust contracts and policies are there to save the day.

Celebrating women at work

Monday 8 March is International Women’s Day and this year’s theme is #ChooseToChallenge. In the words of the event organisers, “a challenged world is an alert world”.

After a difficult year which threatens the progress made on gender equality to date, the theme of this year’s event encourages everyone to call out and challenge gender bias and inequality.

Gender discrimination is illegal under the Equality Act 2010, but there is much more that can be done to protect, support and celebrate women, especially in the workplace.

Childcare needs due to school closures have been a particularly demanding issue of late, and this responsibility can often fall on mothers. Employers can help to challenge this through equal pay opportunities and family-friendly policies that acknowledge the flexibility needs of both parents.

Company culture also has a part to play. Why not give the women in your workplace a boost by recognising and celebrating #InternationalWomensDay?

A rapid route back to work

Rapid COVID testing, also known as lateral flow testing, is now helping some businesses to keep functional during the pandemic.

In a drive to increase COVID testing in the workplace, the UK government recently expanded their programme to provide these tests to more businesses in England. Employers with 50 or more employees can apply so long as the business is registered in England and employees cannot work from home.

Testing is being encouraged even in the absence of symptoms to help reduce the risk of transmission. The process may also instil confidence in those employees who cannot work from home and continue to go into work during the pandemic.

Tests for eligible businesses can be ordered through the UK government website, and are free for employers until 31 March.

Employers in Scotland and Wales should follow guidance from their devolved governments.

How to handle rejection

Learning to handle rejection is an important skill that helps us get by in life. It goes hand in hand with patience and motivation to improve.

However, when you’re the one doing the rejecting it is considerate to do so professionally, yet with empathy. Because this will often have a bearing on how the rejection is received and may also have an impact on your reputation.

Bear in mind that as well as the element of sensitivity to be considered (especially during times like these), that employment law applies to your process of rejecting candidates.

One employer received criticism recently for a rejection letter which went viral. In an attempt to lift spirits, the letter referenced several successful celebrities who had overcome rejection, including Michael Jordan. While trying to connect on a human level, many online commentators felt it struck the wrong tone, was cringe-worthy even.

Our thoughts? Spending a little time to develop a professional rejection response is the safest way to keep dignity intact for all involved. If you’re currently swimming in applications and need some advice, remember we’re here to help.

Taking a virtual stand

Earlier this month, Jackie Weaver became the nation’s new hero when she stood her ground in a viral parish council meeting gone wrong.

In a calm and collected manner, Ms Weaver simply evicted aggressive attendees from the meeting with the click of a button. Pre-lockdown, one may have decided to remove themselves by walking out of such a meeting. Has the safe distance of remote working turned the tables?

Difficult conversations on Zoom pose a new challenge for many people. If you would like the confidence to know your actions are the right ones in your video meetings, call us.

How to get flexible working right and why it’s important

Previously thought of by many as a job perk, flexible working arrangements are now helping to keep businesses operational amidst restrictive coronavirus regulations.

Many companies that once thought flexible working arrangements could not work for them, are now functioning with remote working and flexible working hours. Some have vowed never to return to the office again.

As we ponder if flexible working is here to stay, you may be wondering what the benefits are beyond the pandemic. Afterall, won’t work be returning to normal at some point?

The pandemic may well have changed the world of work forever. After being thrust into trials of flexible working last year, some employers will have seen that there are mutual benefits in flexible working practices. Perhaps returning to pre-pandemic processes won’t be necessary after all.

From reduced stress to better engagement, employees able to achieve a work-life balance are more likely to be happier and productive at work. Whether it’s simply different working hours or some days working remotely. There are recruitment and retention benefits too.

Opportunities for flexible working are going to spark questions from candidates for years to come. Whilst employees who are offered less flexibility at work may start to seek out an employer who has a policy in place. For some, such as working parents, it could be the difference between attracting or retaining the best person for the job, or at least having them operating at maximum productivity.

Ultimately, deciding “how much” flexibility you can allow in the long term is up to you. However, the “how” is subject to employment law, which is something that can’t be flexed.

Working hours are subject to the Working Time Regulations. A change in location must be preceded by a health and safety risk assessment. Whilst contracts should be regularly reviewed to ensure they are up to date and relevant to your business.

If an employee approaches you with a request for flexible working, be sure to read up on the process which must be followed before you respond.

A foundation of trust is also needed in order for flexible working practices to be effective. For example, remote staff or out-of-hours working can mean less day-to-day visibility. There is staff surveillance software available, but this can lead to high pressure which may undo all the good that flexible working can achieve.

Lastly, it’s important to think about the bigger picture. Changing one aspect of working processes can impact others, from employee workflow to client relations. Changes that you make should improve and not hinder your business in the long run.

Absence management during COVID

Coronavirus has affected people in different ways and employers are currently facing a rise in both long- and short-term absences as a result.

Some people who contracted the virus have reported symptoms for months afterwards in what is being referred to as long-Covid. This can be hugely disruptive to a person’s life and can result in them having to take extended leave from work.

Long lasting symptoms are varied and can range from breathing difficulties to physical pain, fatigue and loss of concentration. Employers need to assess each individual suffering from long-Covid in order to understand how best to support them and manage the situation. This may require making reasonable adjustments to assist a phased return to work.

Professional advice from HR or occupational health is recommended. This can be a highly sensitive situation that must be well documented and handled with care.

Absences in the time of Covid can be difficult for all involved, putting strain on individuals and the business. An updated absence management policy that documents processes related to coronavirus, such as self-isolation and shielding, can help managers confidently respond to situations and take action when needed.

This mid-winter has been described as the peak of the virus, and with the usual low temperatures and seasonal sickness at this time of year, absences are to be expected.  Even if your team seem fit and well, it’s best to plan and prepare for the worst.

Prioritise essential business functions, update your contact list for emergency overtime and don’t forget, we’re here to help if things get complicated.

Finding the time to talk

January has a bit of a reputation for gloominess, but this January will test even the most optimistic of people.

Instinctively you might assume a downbeat employee is feeling lousy due to lockdown combined with the post-Christmas January blues. Perhaps you are feeling it too?

However, when it comes to worker well-being, the only way to know for sure what is going on is by finding the time to talk. There could be much more below the surface and you may be able to offer specific support.

Relationships, families, and finances have all been under increasing strain since the pandemic began. Through talking to employees, including those on furlough leave, you can assess how best to help and provide targeted advice and assistance.

Talking things through is a therapeutic tool for managing mental health. If you’re looking for ways to winter-proof your workplace well-being, an Employee Assistance Programme which gives employees confidential access to qualified counsellors is a good place to start.

When will staff get vaccinated?

Ever since news of a vaccine was announced, questions have been circulating as to how, if, and when people will be vaccinated.

Naturally, you may be wondering what the vaccine means for the future of work and your business. When will staff be vaccinated? And what can you do, if anything, if they refuse?

The government has confirmed that vaccinations are being prioritised for high-risk categories including frontline health and care workers. By autumn, everyone over the age of 18 should have been invited for vaccination.

If you’re considering a “no jab, no job” policy similar to that of Pimlico Plumbers, there are a multitude of legal risks – from discrimination to data protection – to be aware of. Some employees may be unable to have the vaccine for individual health reasons.

Problems are more likely to arise where employees are working with vulnerable colleagues or members of the public, and all alternatives must be considered. Do please take advice first.

Risk assessments are encouraged and should help you to understand the role that vaccines play when it comes to workplace health and safety. If you’re unsure, ask us for advice.

Motivational movement

Life in lockdown can be sedentary for many people. Leaving the house to exercise is permitted under lockdown rules, but there have been questions and confusion over what is acceptable. Add to this the plummeting outdoor temperatures and it can be much more appealing to stay put.

The trouble with this is that it can become routine. When this happens, it poses risks for both physical and mental health.

Employees who are lacking in physical activity may consequently feel less motivated and uninspired. Exercise is not only good for the body but has multiple benefits for the brain too.

There are ways you can safely promote good physical well-being during lockdown to help employees through this tough time.

From sharing resources such as NHS Get Fit for Free, to organising a competition or company fundraiser that safely encourages physical activity. Don’t forget to ask the team for their input too. Dog walkers or parents of toddlers are bound to have some ideas and anecdotes to share.

Keeping on top of financial support

Are you up to speed with the support schemes in place for businesses? With news continuing to come in thick and fast it’s easy to miss out on vital updates.

Earlier this month the Chancellor revealed new one-off grants of up to £9,000 for businesses in the retail, hospitality, and leisure sectors. A further lifeline has come for some SMEs from a Supreme Court ruling which found some insurers liable for business interruption pay-outs in relation to Covid.

Both Kickstart and the Coronavirus Job Retention Scheme are still accessible. If you need assistance with either of these for your business, get in touch.

‘Tis the season of giving back

It may be harder to celebrate Christmas with a party at work this year, but one festive tradition you can still embrace is charitable giving. In fact, in this of all years there is probably more need than ever.

Whether it is as grand as a component of a social responsibility plan, or something more spontaneous, it is such a neat fit for companies to instigate charity work. The benefits go far beyond just what the recipient charity gains.

Done well, it can help staff develop an extra sense of purpose and teamwork. And you as a business get the opportunity to promote your charitable work for positive PR. Given the situation in 2020, if you have furloughed employees, it’s okay to get them involved too – as long as they are not providing services or profit for the company. It’s a way to reconnect with them and potentially boost their mental well-being.

We’d recommend thinking charitable activity through and even drafting a policy so that everyone in your business knows what to expect. A well written policy will ensure that there is focus to people’s effort, that it is conducted in an orderly way, and also that it is inclusive. For instance in more normal times, if a charity pub-style quiz was arranged, that soft drinks were available to those who don’t touch alcohol.

Even if you are not initiating anything yourself, it is sensible to be prepared. This will help you manage any employee requests appropriately. For example, an employee may suggest that they are entitled to time off to perform voluntary work. The Employment Rights Act 1996 does have some provision in this area, but it is unlikely to be relevant to SMEs, as it relates to certain public sector bodies. Of course, check that your own contracts don’t grant this entitlement directly.

The good news is that despite the pandemic still raging, there is plenty of opportunity for online and distance volunteering. But if you do manage to get any physical activities going, don’t forget to ensure they are COVID-secure.

Rocking around the bins

🎵 🎵 “Boooooogie, boooogie, boogie round the bins at Christmas time.” 🎵 🎵 That’s how three chirpy binmen in Wolverhampton have raised spirits during the lockdown and are even hoping for a Christmas No. 1.

Like so many keyworkers, they have continued working through this pandemic, and as well as performing an essential service have raised money for charity. Lego even recognised them, alongside Captain Tom and others, with personalised Lego figures. One of the striking elements of the story is the simplicity of their actions and the impact they had.

You don’t need your team singing at the photocopier or jigging with the stapler, but look out for ways to get a smile on their faces; because happy employees perform better at work. And as the singing binmen show, it’s also possible to get some great PR.

A healthy new year

With news of vaccines and improved treatments on the way, 2021 is already looking to be more healthy than 2020. Putting pandemics aside though, a health push within your company also comes with many benefits for you and your staff.

Offering a health element within your employee benefits package may be just what the doctor ordered. First of all, it is a highly desirable perk – health insurance has even been ranked the No. 1 benefit in some surveys (and that was before the pandemic). This means that it can help you attract and keep the best talent.

Access to extra medical care also means it’s easier to keep staff fit, healthy, happy and productive. It’s a good remedy for absenteeism and for improving workplace atmosphere.

If you have been put off by cost, know that health benefit offerings come in all shapes and sizes. There’s pretty much one for every budget, large or small, so we can find one that delivers value to you.

People planning for 2021

Figures from the Department of Work and Pensions (DWP) show that EU workers applying for UK jobs dropped by 99% in 2020. Obviously, coronavirus will have played a significant part; but BREXIT looms large. The EU labour pool traditionally drawn upon will not be so easily available once the new points-based immigration system is introduced.

Of course, there will be new opportunity too, so now is the time to be planning – many predict a skills shortage. Sectors of particular concern include manufacturing, logistics and construction.

If you are not up to speed with the new points-based immigration system, talk to us to find out how it works. There are sponsoring licenses which take several weeks to obtain. Another strategy to consider is upskilling your existing workforce to help meet your recruitment needs and skills gaps. There are a number of interesting avenues to consider here.

First, you could look at skills training to cover specific functions. There’s a huge range of training courses available, including many eLearning courses from The HR Dept.

Another option is to look at the government’s Apprenticeship Scheme. This is not just for taking on new recruits. You can actually use it to upskill and retrain your existing workforce. Many SMEs can have the majority of training and assessment costs paid by the government, and for new hires there are further financial incentives.

Another attractive option right now is the Kick Start Scheme, introduced to counter some of the economic impact of coronavirus. This sees the government pay national minimum/living wage for new job placements aged 16-24, for 25 hours per week for six months, as well as other employment costs. What a great way to introduce the necessary skills into your business!

For advice on your people planning in 2021, contact us.

Seasonal staffing

Christmas is a busy time in retail in the best of years. In 2020 though, recognising the pent-up demand following lockdowns, the government has allowed councils to temporarily relax opening hour restrictions for shops in England (up to 24-hour shopping). Shoppers get more opportunity to buy presents whilst adhering to social distancing. Businesses, meanwhile, have the chance to catch up on sales targets if they wish.

But despite the relaxation in one set of rules, note that working hour regulations still apply. This means that staff cannot work more than 48 hours a week on average unless they agree to opt out. One solution turned to each year to deal with extra demand is seasonal workers. If you do this, it is essential to have contracts in place for them when they start.

Although 24-hour shopping has not been announced in Scotland or Wales, it’s still important to review your Christmas staffing situation if you’re based in these areas.

National minimum wage to increase

A significant change to the national minimum wage (NMW) was announced in November: Next April, the full national living wage will become available to 23- and 24-year olds. Previously, it was only available to those aged 25 and older. The rate is increasing too, by 2.2% to £8.91 per hour.

For those aged 21 and 22 the NMW will go up to £8.36. For 18- and 20-year olds it will be £6.56 and for 16- and 17-year olds it will be £4.62. The apprentice rate rises to £4.30. While good news for low paid workers, ensure you budget for the increases to payroll from 1 April 2021.

Vicarious liability during COVID restrictions

What do lockdown restrictions and the huge shift to homeworking mean for employer liability when an employee does wrong? The technical term is vicarious liability, and it still applies even though employees may not be as visible.

Particular risks include: a GDPR data loss as work is done in environments and on equipment over which you have less control but for which you are still responsible; and a health and safety breach if you haven’t properly managed the safety risks to staff working at home. There are also new risks to take account of, even if you are still operating from the office: for example, if staff wilfully ignored a requirement for self-isolation, thus exposing colleagues to risk of infection.

The starting point for managing these is having robust policies and thorough risk assessments. These will help you put the systems in place to manage risk, and the frameworks to deal with the fallout should a risk turn to reality. It is also essential to communicate these effectively to employees. Indeed, in the case of home working, each employee should be involved in their own risk assessment.

A key test of vicarious liability is whether the wrongdoing was done whilst acting in the ordinary course of employment, so it is helpful to keep this in mind when devising policies and risk assessments.

With all the lockdown rules, there is more of a blurring of the borderlines between when something is a work matter or a private one. If an employee breaks a household mixing rule, for example, should the employer get involved?

With Christmas round the corner, and sadly lots of redundancies, pre-empting rule breakers by setting up virtual social events and leaving dos could be a useful tactic.

If rules are broken, each case should be taken on its own merits. If the action brings the employer into disrepute or risks the health of others, then it is likely to be appropriate to follow your disciplinary procedures with gross misconduct a possible outcome.

Do be careful, though, to conduct a thorough investigation: what appears to be an open-and-shut case may not be as straightforward as it seems. There could be mitigating circumstances, and there are exceptions to lockdown rules that touch on sensitive subjects like private health issues and domestic violence.

If you are concerned, contact us.

Are you prepared for the points-based immigration system?

It took a global pandemic to shift Brexit from the daily headlines, but it hasn’t altered the fact that our transition period for leaving the EU ends on 31 December. Of particular note to employers is the new points-based immigration system. If you will be recruiting from overseas, you may need to act now as it takes time to follow the procedure.

The new rules see points awarded for specific skills, salaries, professions, qualifications and attributes. There is a salary threshold of £25,600 (or the going rate for that profession if higher) for skilled workers who have a job offer; and a lower salary threshold of £20,480 for shortage occupations or if a migrant has a PhD relevant to the job (effectively trading points on specific characteristics against their salary). There is no general route to recruit at, or near, the minimum wage. However, there are a number of pathways for special cases, including graduates and sports people among others.

However, according to a report from the Organisation for Economic Co-operation and Development, there was a drop of 46% in the number of new visas and permits issued by OECD countries in the first half of 2020. So the fear is that, just as UK businesses look globally for talent it dries up, thanks to restrictions on international travel caused by the pandemic.

If you don’t already have a sponsoring licence, applying for one is the first step for recruiting overseas. The government is advising that it takes eight weeks to process the application, so if you want to recruit in early 2021 it really is important to act now.

Managing whistleblowing during coronavirus

While there are some things businesses are being given a free pass on during coronavirus, whistleblowing is not one of them. This is when an employee raises a concern that’s in the public interest which they’ve witnessed at work, known as a protected disclosure. It could be a criminal offence, a health and safety breach or a cover up, among a few other specific types of complaint.

The pandemic has heightened risk in this area, with new factors to fall foul of: like COVID-security and furlough wrongdoing, combined with disrupted lines of communication making it more difficult to follow processes.

To avoid further problems, such as unfair dismissal, it remains important to understand the procedure that must be followed, and the protections that whistle-blowers enjoy. If a member of staff raises a concern which qualifies as a protected disclosure, or you are unsure, talk to your local HR Dept for advice.

The rules of extended furlough

Unsurprisingly, the news of further lockdown measures was accompanied by details of an extension to the Coronavirus Job Retention Scheme. It will now run until March 2021 and will replace other scheduled initiatives such as the Job Retention Bonus.

The extended scheme is more generous for employers than the latter months of the previous furlough scheme, with a return to 80% of wages subsidised, up to £2,500 per month. Only pension contributions and National Insurance costs are borne by the employer. Note that this may be reviewed for February and March.

Flexible furlough, where employees can work some part-time hours and benefit from the scheme proportionately, is still allowed.

An important change to note is that from December employers cannot claim for furloughed employees serving a contractual or statutory notice period. This includes employees serving notice of resignation or retirement.

If this extension means you wish to rehire employees you made redundant, or halt redundancy proceedings, please contact us for advice.

Top tips to keep your virtual business inclusive

Progress in workplace inclusivity is one thing at risk during the new normal. Many of the cues of the physical environment are just not available right now.

However, in our virtual world of Zoom, Teams and other digital platforms we get the chance to come up with new ways of fostering inclusivity by pressing the reset button on the etiquette of meetings.

For example, introduce a facilitator to ensure all voices are heard – not just the extroverts or people with power; invite people to tag their preferred name on their profile; take the opportunity to better read non-verbal signals in gallery view; and get people who may not normally feature in a meeting to participate, like a customer representative.

Some platforms even offer automatic closed captioning which can help those with hearing impairments or who speak in a non-native language. There is much more available too, so think creatively and don’t let inclusivity slide. It will help your company benefit from better engagement, better decision making and improved mental health amongst your team.

Powerful small acts of kindness

Did you hear about the French florist and care workers? Like many businesses around the world she was forced to close during the latest lockdowns. Faced with having to throw out her stock, she decided to place free bouquets on cars at a local hospital instead.

It’s just one demonstration of the sense of community spirit and togetherness which has been strengthened by the pandemic. When she reopens her shop hopefully she will have some new customers. It’s worth keeping an eye out for small acts of kindness amongst your team, as well as opportunities to be kind yourself. They’re often good for both the giver and recipient, one way or another.

Employees, cyber-attacks and data protection

As working from home becomes the norm, email has become an even more important method of communication for many UK employees. Email volumes have increased by 34% this year and, inevitably, cybercriminals have smelled an opportunity.

More than a fifth of UK employees have received a COVID-themed phishing email, and that is only the percentage who recognised and reported it. Although you have probably given your employees a good grounding in email security, you need to be extra vigilant at the moment.

Employees working remotely may not have as easy access to IT support to cast an eye over suspicious emails, and the extra distractions that come with home working can lead to carelessness. Scammers will also take advantage of the sense of panic surrounding the pandemic to trick employees into giving up sensitive information. (It’s an emergency, after all).

Teaching your employees to spot the tell-tale signs of phishing could prevent significant damage to your company, and will also spare the employee the stress and embarrassment of falling for a scam. It could also help them avoid damaging and distracting scams in their personal life which affect their performance at work.

Remote working also raises issues of data protection. GDPR laws can be unforgiving and they apply to your employees wherever they are working. You should make it clear to your remote staff that they must handle personal data with the same care as they would in the office. This month H&M was fined 35 million euros for breaching GDPR, demonstrating just how harsh the punishments can be.

GDPR also applies to any data you collect for NHS Test and Trace. You are allowed to ask employees if they are experiencing symptoms, but you should only store this information if strictly necessary. You should tell employees exactly what information you have, and delete it as soon as it has served its specified purpose.

If you have any questions about data protection laws, don’t hesitate to get in touch.

Love is not in the air

With half the UK workforce now working from home, have we seen the end of the office romance?

The office has always played a prominent role in dating, with 10% of married couples in the UK meeting at work. In a competitive job market there is more pressure than ever to put in extra hours at the office, meaning the workplace relationships are the most realistic option for many. While online dating has grown in popularity, many people prefer the security of getting to know someone slowly in a neutral environment.

This has all changed with the COVID-19 outbreak. Although it’s easy enough for employees to stay in touch, nobody wants to flirt on a Zoom call. This comes at a time when anxieties about office romances are already high. The #MeToo movement raised many questions about workplace relationships, especially between employers and their staff.

With differing opinions on what is appropriate, many companies are erring on the side of caution. Last year, McDonald’s CEO Steve Easterbrook was sacked for not disclosing workplace relationships. Prominent New York investment firm BlackRock recently extended its office romance policy to include “external partners” as well as immediate colleagues. This means that employees must now disclose relationships with anyone linked to the company – potentially hundreds of thousands of people if you include suppliers and clients.

A clear policy on workplace relationships is important for preventing harassment, but take care not to go too far. Policing consensual office romances will only force staff to live in secrecy, creating resentment and damaging morale.

For advice on striking the right balance, give us a call.

A recap on government support schemes

The furlough scheme has been winding down since August, and this month it comes to an end. While this will mean a significant loss of support for many, the government has introduced several new schemes.

Starting on 1 November, the Job Support Scheme will run for six months. It is designed to protect viable jobs over the winter and will pay a third of hours not worked. A minimum of 33% of hours must still be worked and paid normally. You and the employee split the rest. From next February, you may also be able to claim a Job Retention Bonus of £1,000 for every furloughed employee that you kept continuously employed until January 2021.

Then there is the Kickstart Scheme, which will provide funding to create new jobs for 16-24-year olds. The HR Dept can help you set this up, so get in touch for more details.

Rise in tribunal claims due to COVID-19

As the COVID-19 outbreak continues to disrupt the working world, employment tribunal claims have risen sharply. The Ministry of Justice (MoJ) has reported an 18% increase in claims between April and June, and the outstanding caseload has risen by 31%. The MoJ has been quick to tie this increase to the outbreak, in particular unemployment and changes to working conditions during the COVID-19 pandemic.

With many employees losing their jobs unexpectedly and being unable to secure new work, it is unsurprising that unfair dismissal claims have shot up. With the end of the job retention scheme rapidly approaching, claims are likely to increase further.

As an employer, you may have some tough decisions ahead. While redundancies might be unpalatable, they may become unavoidable. But it is vital that you follow fair redundancy procedures to the letter in order to avoid becoming another tribunal statistic yourself.

The HR Dept can support you with these procedures, find out more about our monthly advice line offering.

Understanding mental health

A recent report by the Centre for Mental Health estimates that an additional 500,000 people will experience poor mental health as a result of the COVID-19 pandemic. These odds suggest that one or more of your employees may be among their number. We’re sure that you’ll want to be there for your staff.

Take the time to understand what poor mental health means and how it can manifest itself. Be mindful that there may be extra triggers caused by the pandemic, including bereavement, the trauma of serious illness and financial worries to name just three.

Encouraging staff to take their breaks for a breath of fresh air and training up a mental health first aider for the team can help. Speak to our Health and Safety team for advice.

It is also important that mental health doesn’t become a barrier to career progression. A recent poll showed that a quarter of staff with mental health problems found it to be a professional hindrance. Even if you wouldn’t actively discriminate against these employees, be wary of any unconscious bias when making career decisions.

If you’re happy and you know it, please apply

People are often too quick to complain about “political correctness gone mad”, but in this case they might have a point. The owner of a Gloucestershire hair salon was recently contacted by the DWP after she advertised for a “happy” hairdresser.

The DWP told her to remove the adjective as it could be seen as discriminatory towards unhappy people. Although clearly ridiculous and the DWP later apologised, it highlights the care needed when advertising for staff. It’s always a good idea to have your adverts checked by a professional to avoid any genuine accusations of discrimination as defined by the Equality Act 2010.

Red tape or social change?

Running a business is stressful, and keeping up with the latest employment law can sometimes seem overwhelming. However, employment law is a pillar of a fair and successful workplace, and employers and employees alike would be in big trouble without it.

Change is in the air at the moment, with movements like BLM and #Metoo putting injustice and inequality firmly on the agenda; not to mention the disruption caused by coronavirus. We don’t have a crystal ball, but there is a constant stream of proposals from all kinds of sources that give clues as to what might be introduced down the line.

For example, you may have heard that London mayoral candidate Shaun Bailey has announced his support for mandatory drug testing at larger companies. Under the controversial proposal, if you have over 250 employees you would be required to carry out regular drug tests and publish the results. The aim would not be to punish individual employees, but to tackle white collar drug culture. Bailey believes that this would reduce violence in the capital and elsewhere by cutting off a major income source for organised criminals.

Like most employers, we’re sure you are eager to see all staff treated fairly and humanely. Sadly, not all businesses are as caring. In the coming months, you can expect to see an expansion of modern slavery laws spearheaded by Home Secretary Priti Patel. This comes after the recent scandal surrounding working conditions at fast fashion factories in Leicester. She has pledged increased government powers to raid and shut down exploitative workplaces.

While new employment laws may sometimes seem extreme, it is worth remembering that many of the rights and freedoms we take for granted are, in fact, relatively recent and hard-won additions to workplace legislation.

The National Minimum Wage, The Equality Act, and the introduction of shared parental leave all seemed revolutionary at first, but are broadly accepted now. History has shown us that, by adopting progressive policies early, you are likely to see long term benefits both to your company image and to your workplace productivity.

Support for working parents

September is back to school month but, as with everything in 2020, things are a bit different this year.

The end of the school holidays usually means an easing of pressure on working parents, with less juggling of work and childcare. This year, though, things are more complicated. Although schools are reopening, some working parents will feel anxious about their children’s safety. These employees may struggle to focus and will need additional support and understanding.

Nothing is certain at the moment: whole school year groups being sent home because of an outbreak is a possibility, a probability even. This means that working parents may be forced to resume childcare duties at short notice.

It is out of everyone’s hands so planning is a must if you want operations to run smoothly.

Build on any flexible working patterns you have introduced, and be ready to have people working from home again – and not just the parents, as who knows what comes next!

As we saw when a Sky News reporter was forced to conduct biscuit negotiations with a young child live on air, interruptions by children are part and parcel of home working. A positive culture will help everyone deal with this. Better still, get the processes down in a working parent’s policy. This way everyone knows where they stand and has a framework to fall back on.

As we have highlighted throughout the pandemic, it is also worth considering the ways in which you can support your employees’ mental health – whether it is just being aware of the issue and factoring it into your management style or offering tangible support through an employee assistance programme.

For help writing a working parent’s policy and other management techniques, get in touch.

Recruiting after redundancies

Sadly, redundancies have been all too common following the economic fallout of COVID-19. They should only ever be a last resort, but what happens if you need to rehire after making redundancies? After all, events are moving so fast.

There’s no legally-mandated waiting period for rehiring – even taking back the same people. However, proceed with caution. Should someone make an unfair dismissal challenge at tribunal, the court will look at the whole redundancy process up until termination. There are many technical points to get right, and also, the economic uplift that prompted your renewed hiring must be proved to have happened after the termination date.

We’d advise exploring all options before making redundancies, including flexible working and finding alternative roles. If you go ahead, accept that it’s a fluid situation and if things improve before redundancy completes, review the decisions made. Keep in mind that you need to be able to prove redundancy was genuine right through the process. This will give you maximum flexibility going forwards. We’d highly recommend taking advice, so do contact us if you are considering redundancies.

27,000 “high-risk” furlough claims to be investigated by HMRC

It has been revealed by HMRC chief executive Jim Harra that up to £3.5 billion may have been paid out incorrectly through the Coronavirus Job Retention Scheme.

The scheme, which is due to come to an end next month, was set up to keep people employed throughout the pandemic. Around 9.6 million people have been furloughed through the scheme since it began in March.

HMRC has previously said that it will crack-down on fraudulent claims, with arrests being made for the most severe. It was reported earlier this month that a company director and accountant were arrested over suspected furlough fraud reaching £70,000.

A further 27,000 claims have been deemed “high-risk”. Employers identified can expect to be contacted by the end of November. Those which believe they may have made a genuine mistake should contact HMRC for a chance to make things right. Failure to do so could lead to a criminal investigation.

Pensions play a part in financial well-being

The Pensions Regulator is stepping up its enforcement of compulsory pension contributions from employers. The body had temporarily relaxed its efforts, reducing its enforcement capability by 55% between April and June and issuing six times fewer fixed penalty notices.

While times have been unbelievably tough for many businesses, there are strict legal obligations relating to pension contributions, especially since auto-enrolment was introduced. One report estimated 800,000 UK workers were losing out on employer pension contributions which were due at the height of the pandemic.

If you have fallen behind with your pension contributions, now’s the time to get your house in order. It’s not just about covering yourself legally as The Pensions Regulator steps up enforcement. Pensions are a key aspect of financial well-being, and employees who feel confident about the future are more likely to be happy and productive at work.

For advice on pension contribution, or any other payroll issues, don’t hesitate to get in touch.

Socially distanced team building

As staff continue to work from home, maintaining a sense of team spirit is more important than ever.

Just because your employees are spread out doesn’t mean that you can’t take part in team building activities. Team building can be essential for happiness and productivity and, with a little creativity, there’s no reason it has to stop.

A quick Google will show that it’s easy to turn the team into crime scene investigators or codebreakers for an afternoon. You could even organize an escape room via Zoom. Whatever direction you choose to go, there are plenty of ways to bring your team together whilst keeping them apart.

Are you prepared for a local lockdown?

In recent weeks the government has implemented targeted local lockdowns in areas showing signs of a spike in the spread of coronavirus. While this is preferable to a second national lockdown, it can still be extremely disruptive to your business. Your best strategy is to put plans in place now for dealing with a local lockdown.

Keep an eye on the national situation. The introduction of lockdown measures in the north of England with less than a day’s notice shows how quickly things can change. Even if there is no lockdown in your area, your supply chains may be affected.

Planning and communication are key. Come up with a flexible crisis management plan that sets out how you can keep your business operational with reduced staff. The national lockdown should have given you a fairly good idea of what works and what doesn’t, so you should try to replicate the more successful aspects of your response. If your employees can work from home, it might be a good idea to keep them there for now. This prevents the double disruption of employees returning to the office only to be sent home again.

If appropriate, re-furloughing some of your staff may be an option. Bear in mind that the furlough rules have become more restrictive, and will continue doing so until the scheme ends in October.

Take this opportunity to review your staff contracts. When hiring new staff, consider a contract that gives you more flexibility. This could include a clause to allow lay-offs, requiring employees to take holiday at shorter notice than Working Time Regulation rules, or transferring staff to another site. Changing existing contracts would require consultation if you need to implement these modifications for current staff as well.

Do remember also that quarantine guidelines are still in place. Those returning from some holiday destinations such as France and Spain already have to quarantine and more countries may be added to the list. With the introduction of the Test and Trace initiative, you should expect some of your staff might also have to be quarantined in the coming weeks.

Amid this ongoing disruption, employee well-being is more important than ever. You should continue to check in regularly with remote employees, and make an effort to keep everyone in the loop about upcoming changes.

If you are unsure about contract changes or staffing procedures during a local lockdown, we can help.

Weighing in on fitness

The government has revealed its Better Health strategy, aimed at improving the nation’s fitness after the ‘wakeup call’ of COVID-19. The ambitious plan includes a ban on junk food advertising before 9pm, more accurate labelling of food in restaurants, and the option for GPs to prescribe exercise for overweight patients.

But what is your duty as an employer? While companies in China and Sweden have enforced mandatory workplace exercise, the UK has been more resistant to such authoritarian measures. That doesn’t mean that you should ignore your employees’ health altogether though. A healthy lifestyle has been proven to increase workplace productivity, and good health can boost natural immunity, saving you significant amounts in sick pay.

When discussing fitness with employees, it is important to be tactful. It goes without saying that you should never single out an individual as an example of poor health, but you should also beware of generalisations that could be inadvertently upsetting. Avoid equating obesity with laziness, as some people are overweight through no fault of their own. Handle such conversations clumsily and you could cause ill feeling or expose yourself to the risk of an expensive discrimination case at tribunal.

An easy first step – which aligns with the government’s push for cycling – would be to take advantage of the Cycle to Work scheme. This allows you to loan bikes and other cycling equipment to your employees which they repay tax free over time. As well as improving employee fitness, this could eliminate some of the stress of the rush hour commute.

If you do decide to introduce on-site exercise, remember to keep everyone socially-distanced and COVID-safe.

Are you up to date with the furlough scheme?

The furlough scheme has been a lifeline for many employers and employees, but it has not been easy to understand.

As the scheme begins to wind down, you will be expected to contribute more towards your furloughed employees’ wages if you continue using it. As of 1 August, you should be paying National Insurance and pension contributions for furloughed employees. From 1 September you will also be required to pay 10% of furloughed employees’ wages, increasing to 20% on 1 October.

Confusing as they are, it is your responsibility as an employer to stay up-to-date with the latest rules. Official reports show that furlough fraud has increased 53%. HMRC recognises mistakes will be made but has made it clear that it takes abuse of the scheme very seriously. If you have any doubts about your compliance, don’t hesitate to get in touch.

Dodging the worker status trap

Courier service City Sprint has just lost a third tribunal relating to worker status. The Independent Workers Union of Great Britain successfully argued that the company had misclassified employees as independent contractors when they should be treated as workers.

As you’ll probably be aware, this is the latest in a long line of cases involving the legal status of gig economy workers. A Supreme Court case against Uber is ongoing, with drivers arguing that they shouldn’t be classed as self-employed. If they are successful, they will be entitled to minimum wage and sick pay, forcing Uber to overhaul its entire business model.

This issue is not going away, and while the gig economy has its place, it shouldn’t be used to undermine workers’ rights. Worker status is a complex area of employment law. If you have any questions about the status of those who work for you, don’t hesitate to get in touch.

Power in positivity and presence

The COVID-19 outbreak has made us wary of viral contagion, but what about emotional contagion?

Research shows that negativity can be just as infectious as germs. If left unchecked, it can cause an office-wide outbreak of low morale.

Humans are intensely social, and our feelings are greatly affected by the feelings of others. If somebody in the office demonstrates a persistently low mood, it will soon rub off on everyone else. This can be made even worse by co-rumination – the constant discussion of problems without reaching a solution. Co-rumination can poison the atmosphere of a workplace, leaving your staff feeling unmotivated and hopeless.

So what can you do to turn things around? The answer is also an evolutionary one. When trying to calibrate our emotions, humans will naturally look to a leader for guidance. By coming into work every day looking happy and energised, you can trigger a shift in perspective, “infecting” the entire office with your positive vibes.

Good clean fun

With cleaning high on the agenda as shops and workplaces reopen, some companies are trying a new approach. Tesco has shifted cleaning responsibilities from contractors to floor staff, reporting improved levels of hygiene as a result.

Although effective cleaning takes skill and care, for some it still comes with a certain stigma. That said, other staff will take pride in it, especially if it is used as an excuse for some friendly competition and team building.

Be wary of contractual issues around changing job roles though, including TUPE if taking cleaning in-house. If you can do it, provide proper training, never ask staff to do something you wouldn’t do yourself and ensure that cleaning tasks are allocated without discrimination.

Workforce planning

As the nation enters a new phase of its COVID-19 response, you are probably wondering what the coming months have in store for your business. New resources have been made available to employers, but some are complex. Planning ahead is essential, so let’s take a look at a few of the changes coming your way.

In his recent mini-budget, Chancellor Rishi Sunak announced his Plan for Jobs, a comprehensive package designed to encourage the return of furloughed workers, whilst also creating new jobs for the unemployed. Employers who reinstate furloughed workers will be eligible for a Job Retention Bonus of £1,000 for each returning worker, as long as they are continuously employed until next January.

A Kickstart scheme has also been introduced with the aim of creating jobs for young people. If you create a new job for a 16-24-year-old, the government will pay their wages for the first six months.

Both schemes are subject to fairly complex conditions, so do ask us for guidance.

We were vocal about the need for more flexibility in the furlough scheme. The government listened and the scheme will now encourage a phased return to work. It will allow people to work part time for some of their hours and be furloughed with government support for their remaining contracted hours.

Do remember that HMRC will take back furlough payments if they discover that furloughed employees have been working when they should have been absent.

Not all workforce planning will centre around government schemes though. A recent study revealed that a large proportion of UK employees believe that a mixture of home and office working is preferable after COVID-19. And many employers will be far more open to the idea now too. While the perfect balance between the two remains to be seen, clear communication between you and your staff will be essential to find the best way forward.

If you favour a home working approach, care must be taken every step of the way. Some staff may relish it but some may privately struggle. While your initial focus may be on productivity and compliance, do bake-in employee well-being to your home working framework.

Get in touch if you require help with any of the above.

Clarification on CJRS

Like many employers, you might be concerned by a recent Telegraph article which suggests that furlough money must be paid back if you make an employee redundant. This is not true, but it does illustrate how confusing the furlough scheme can be.

The article came after a change in the wording of the official guidance for the Coronavirus Job Retention Scheme (CJRS), which now states that furlough money must be “used by the employer to continue the employment of employees.”

HMRC were quick to respond to the article, clarifying that the new wording is only meant to set out the intended purpose of the scheme. Employees remain eligible for the CJRS while on their statutory and contractual notice period. You couldn’t, however, use it to fund pay in lieu of notice or statutory redundancy payments.

With so much technical knowledge needed to grasp the ins and outs of the CJRS, simply going by what the papers say is unadvisable. Talk to us for expert advice.

Safe handling of test and trace data

As UK shops and businesses begin to reopen, the challenging landscape is there for all to see. As well as the implementation of safety measures, you also need to think about how you keep customer and employee data.

Recent government guidelines encourage businesses to record the names and contact details of customers and visitors for use by the NHS Test and Trace team. Although this is voluntary, the government has stressed its importance in the fight against COVID-19.

As you know, data usage is heavily controlled by GDPR. It is paramount that you store personal data of staff and customers in a compliant way, and that you make sure your staff are up to date on GDPR best practice.

In a recent case in New Zealand, a customer was harassed via social media after providing her details to a fast food restaurant. This was unsurprisingly a PR disaster for the company, showing just how important it is to make sure your staff understand the rules.

The Information Commissioner’s Office gives a good general steer on this. You must only collect necessary information and you should be honest with your customers about its intended use. Data must be stored securely and must not be used for any commercial purpose such as signing up a customer for marketing emails. All data must be securely erased after 21 days when it is of no further use for NHS contact tracing purposes.

As well as collecting customer data, also ensure that your employee contact details are up to date. Again, it is your responsibility to store this information in compliance with GDPR. If your business introduces new measures such as employee temperature testing, be mindful of the GDPR impact because it is very likely there will be one. Ask us for advice if you are unsure.

IR35 2021

Many businesses hire contractors for flexibility, or bring in an expert on certain jobs that don’t require a full-time hire.

IR35 legislation has been in place for years to ensure that contractors pay appropriate tax. The IR35 provision was due to become more robust in April, with medium and large businesses being made responsible for setting the tax status of outside contractors.

These changes were delayed due to COVID-19, but a recent motion to push them further back has been defeated in the House of Commons. So it’s likely the changes to IR35 will come into effect next April.

This rule is already in place for the public sector and when it was introduced there were some kneejerk reactions, such as, in some cases, blanket bans on contractors.

If you will be affected you do now have more time to plan, so there’s no need for last minute decisions. And if you will not be affected yet it is perhaps a sign of which way the wind is blowing. IR35 concerns employment status which can be complex, for advice on this don’t hesitate to get in touch.

How has coronavirus changed the “lunch break”?

Wolfing down a sandwich in front of the computer was the norm for lunch in many offices before the outbreak, despite strict rules about minimum break times. Now with many working from home, their kitchens tantalisingly close, workers are rediscovering the joys of a proper lunch break.

The benefits are clear. Research shows that taking a rest can increase productivity by giving your brain time to unwind. Your mind will continue to work on problems in the background, giving you fresh ideas for tackling challenges when you return to work.

As we come out of lockdown, will we find our eating habits have changed? The working lunch may be a thing of the past with dining out limited to bubbles. And while some are eating healthier to improve their immunity, others are reaching for the biscuits to help cope with the stress. Which one are you? There’s something to think about on your lunch break.

A prime example of going the extra mile

An Amazon delivery driver has achieved worldwide fame after a hidden camera recorded her going the extra mile for a young customer. A mischievous Delaware child added some additional instructions to his family’s order, asking the Amazon driver to “knock on the door three times and scream abracadabra as loud as you can and run super fast away.” The driver dutifully obeyed, making the boy’s day and cheering up most of the Internet in the process.

Attention to detail and caring about the work are hallmarks of superstar employees. Make sure you acknowledge and encourage them when they go the extra mile. As the face of your business, now’s more important than ever to do so.

Managing remote redundancies

Redundancies are on the rise. They are also beset with issues not experienced before, such as how should they be conducted during the lockdown?

We must stress from the outset that there is a proper process that must always be followed and documented. Make technical errors in this process and you could be hit with unfair dismissal claims. These can be expensive with up to 52 weeks’ gross pay being awarded.

Talk to us if you need support managing the process. Key pitfalls to be wary of include not having the correct selection pools, not consulting early enough, not adhering to consultation timescales and finally, selection criteria which discriminates against anyone with a protected characteristic.

These would be equally relevant during normal times, but what is different right now is how you deliver the news. Many companies have been turning to video calls.

There is no legal barrier to doing this, but you need to be mindful of how you use platforms like Zoom. One story told on BBC News featured a lady in America who was made redundant in a group call with 15 other people which she found difficult to deal with. She felt it led to her failing to ask important questions. This would not be permitted in the UK where employees have a right to individual consultation.

Assuming you are using the technology legally and following the correct processes, then we come on to the human touch. For example, we would advise never to do this on a Friday. The person hearing the news tends to not take all the details in and will later have many questions. How will they pay the mortgage? Etc. If it’s done on a Friday, there is usually no one available for two days to answer these questions.

Before making the call think about the person. Do they live alone? Are they shielding? What support can you give them?

You probably already know that video calls can be awkward, so factor this into your approach. There are fewer cues available to pick up on body language than in a face-to-face meeting. Yet it is harder for people to hide if they are upset than during a telephone call. There is also greater potential for embarrassing interruptions, or poorly timed screen freezing or lags.

If you have followed the correct processes it will not be a total surprise when you formally tell them they are being made redundant. Consultation calls exploring the options will have already taken place and this will have given them some chance to process the situation. This should help, but still take care to deliver the news sensitively. Providing outplacement support even if it is just helping to write their CV will make a world of difference to them and make the process less stressful for you.

Furlough fraud

With a sad inevitability, there are reports that employer abuse of the government’s furlough scheme is rife. Two whistle-blower charities have said they have received numerous calls from employees being coerced into breaking the law by being asked to work while furloughed. Up to 14th June, HMRC said it had received 3,079 complaints from the public.

Then there is the other side of the coin. Employees, with a compulsion towards presenteeism, surreptitiously working whilst furloughed.

Presenteeism was already a problem before COVID-19, and the increase in remote working has exacerbated it. Canada Life surveyed Brits working remotely during the crisis and found many had continued to work through illness – 40% said they did not feel ill enough to justify a day off, 26% said their workload was too great and 16% cited a fear of redundancy.

HR and people management can help. It calls for clear leadership in explaining the boundaries of both furlough rules and remote working. While a good work ethic is a desirable quality, try being a role model for switching-off too.

A contact tracer called

You are probably familiar with the government’s 25,000 strong army of contact tracers. They are tasked with tracking down people who’ve been in close proximity with someone who’s tested positive for COVID-19.

If identified, your employees may be instructed to directly self-isolate, or find themselves caring for family members who are affected. As has been the case since the early days of this crisis, nothing should get in the way of their doing so in order to break the chain of transmission of the virus.

This means that they are eligible for statutory sick pay (SSP) from day one of illness or isolation. Depending on circumstances, you or they may find it preferable for them to continue working remotely or take holiday leave.

Of course, it’s possible that a swathe of your workforce may be asked to self-isolate at once: especially if it’s another of your team who has tested positive. This would be sure to challenge management.

How would your business be staffed? It is a question best thought about in advance. The key measure of close proximity is whether people were closer than the current recommended distance for more than 15 minutes. So you may be able to reduce the impact of self-isolation on your business with careful planning which takes this into consideration.

You will, where possible, be enforcing social distancing anyway. Can you also divide your team into smaller units (or bubbles to use the government’s term)? These could work onsite on alternate days or in clearly demarked areas, for instance. This would both contribute towards combating the spread of the virus, and lower the risk of your whole workforce being asked to self-isolate at once. For help designing effective back-to-work policies for your business, get in touch.

A £23,000 email

Even if you consider you have good reason to sack someone, it’s essential to follow Acas guidelines. And be especially wary about taking such action when they have a protected characteristic under the Equality Act 2010.

A law firm found this out to the cost of £23,000 when they dismissed a pregnant administrator just one week after she started her position. The employee was suffering from hyperemesis (severe nausea and vomiting) and had called in sick twice. On the day of the second absence she was dismissed in a lengthy email claiming that she was unreliable.

The judge agreed that this was a true reason and that the employer had taken more time to explain it in the email than was often the case. Nevertheless, they judged it was still unfair and discriminatory. Moreover, the firm did not follow the Acas process which would have included informing her there was a problem; giving her a right to discuss it; and carrying out an investigation. For this lack of fair procedure, the award was uplifted by 20%.

Are you compliant with the Good Work Plan?

Don’t forget, the biggest changes to employment law in 20 years were introduced in April. Doubtless, like everyone else, you’ve had other matters to deal with. Nonetheless the new legislation is in operation. It affects several areas starting at the very beginning of working relationships.

That’s because rather than having eight weeks to provide a written statement of employment particulars, you now have to do it on day one. This is normally done via the employment contract. However, these details must now be provided for those with worker status too, as well as full employees. And there are more of them than you have had to provide before.

Other changes include new ways to calculate holiday pay for those who work irregular hours (this may have a bearing in calculating redundancy pay); an end to the Swedish derogation, which may affect you if you use agency workers; and the introduction of the right to parental bereavement leave and pay. Get in touch for a contract review.

“Where’s my stapler?”

As we rang in the New Year, who’d have thought that borrowing a colleague’s pen could be regarded as a danger to life. But that is the “new normal”. So as employees return from furlough or home working, communal stationery will be a thing of the past in many workplaces. We’ll all be pedantically Tipp-Exing our names onto staplers like Gareth from The Office.

In Australia (a few weeks ahead of us in coming out of lockdown), office suppliers are already reporting spikes in sales as individual equipment ranging from label makers to mini fridges are purchased for each team member. Is this the way forward for your workplace? Or is it a step too far?