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?
