by Jenny Stark | Oct 9, 2024 | Employment Law, HR Data & Systems
It’s starting to turn colder now, the winter jackets are coming back out and the leaves are changing colour. But they’re not the only things changing this autumn, because the UK employment landscape is also going through significant transformation.
While September was relatively quiet on the legislative front (with only the notable cancellation of the previously anticipated Workers Act), October is set to usher in a wave of important changes that will reshape the relationship between employers and employees. So what are the main changes you should be aware of as an SME leader?
Day one right to claim unfair dismissal
The Labour government plans to make unfair dismissal a day one right, a major employment law reform that they intend to introduce within their first 100 days in government. Whether it goes ahead or not is uncertain, and details are actually scheduled to be shared later today when the Employment Rights Bill will be read.
Until then there’s a lot of guesswork about the details. That said, they’ll need to consult with ACAS, employment lawyers, trade unions and businesses (some of whom will resist the new mandate), so it’s unlikely to be enacted quickly.
Hands off the tips jar
It’s hard to believe that Managers would be so cruel as to take their employees’ tips at a cafe or restaurant and claim it as their own, but (*sigh*) there you go. A much welcomed mandate, The Tipping Act is coming into effect on October 1st, promising to bring fairness and transparency to the hospitality and service industries.
This groundbreaking legislation mandates that employers distribute 100% of tips and service charges to their workers, with only legally required deductions permitted. To ensure compliance and promote openness, businesses will need to implement written policies on tip allocation and maintain detailed records for three years. A win for waiters and service staff around the country.
Hands off…in a very different context
Later in the month on October 26th, the Worker Protection Act (an amendment of the Equality Act 2010) will take effect, introducing a new duty for employers to take proactive steps in preventing sexual harassment in the workplace.
This is a new mandate that protects employees and no doubt will create safer and more respectful work environments, with tribunals given the power to increase compensation by up to 25% for employers found in breach of this duty. As an SME leader this is particularly worth noting, as there’s no cap on these claims so the uplift could be material.
A failure to comply with this duty could also lead to an investigation and enforcement action by the EHRC (the Equality and Human Rights Commission), which of course nobody wants. Scary stuff! To avoid this, SME leaders should be proactive and preventative, anticipating scenarios where workers might be subject to unwanted conduct of a sexual nature during their work, and – this is the key – take steps to prevent something bad from happening.
The important thing is not to wait until there’s been an incident to take action. This isn’t just harassment of your workers by other staff but also by third parties – i.e. clients, customers, members of the public, etc.
Let’s pencil it in the calendar
Also anticipated in October is the revised Workers Predictable Terms and Conditions Act. This will give a statutory right to workers to request a more predictable working pattern where their working pattern is unpredictable (which includes those on a fixed-term contract for less than 12 months).
Another noteworthy change is around neonatal care. Soon employees will have a new day-one right to take up to 12 weeks of leave if a neonate (a child aged 28 days or younger) is admitted to hospital for a continuous period of seven days or more. These changes should come into effect in 2025.
A lot of these changes are for the better, and I’m excited about championing workers’ rights and introducing positive changes around neonatal care. That said, as a leader you really don’t want to find yourself caught on the wrong side of these mandates.
I’d always advise seeking professional guidance to fully understand how these changes may impact your specific situation, and being proactive about implementing these new changes into the workplace. Drop us a line via hello@thehrhub.co.uk or give us a call on 0203 951 1208.If you don’t want to speak to anyone but would like to learn more, read my book The MAGIC of HR.
by Claire Ward | Apr 9, 2024 | Employee Engagement, Employment Law, Uncategorized
There are definitely nights we all come home from work wanting to have a bit of a rant about the latest office politics. But in the digital age, where a single tweet can spiral into a storm and a Facebook post can ferment into a fiasco, the line between professional restraint and personal ranting has never been thinner.
For the vast majority of people, they recognise that this kind of chat is best reserved for their partner or BFF’s to discuss face to face rather than taking to the masses via Facebook/ Twitter/ Tik Tok as a necessary release valve (not least because if you’ve ever done this and paid attention to those around you, you might have just noticed some eyes glazing over….).
However, when these vents turn digital and public, the consequences can reverberate far beyond our immediate circle, especially if you’re connected with your team on social media ( read our post ‘Is it ever a good idea to be Facebook Friends with your Employees‘ for our take on this particular minefield…).
When you spot a post which is less-than-complimentary about your own workplace/ management style or one of your other colleagues , as a leader, aside from the sharp intake of breath you’ll likely have, your reaction could go any number of ways.
The obvious thing to say to avoid something like this happening of course, is to make it clear to everyone joining the business that it’s not acceptable (in any instance) to slag off the company and specify that action will be taken should they do so.
But what if you’re too late?
These circumstances present a unique set of challenges. And if you find yourself in this situation, it’s really important that you know exactly what to do to address the problems and get things back on the right track.
Speed is everything
Act quickly (but calmly). First, capture the moment: take screenshots of the problematic post. Then, reach out to request its removal. While you might want to launch straight into damage control, arrange a face-to-face meeting or, if that’s not possible, a phone call. This isn’t the time for digital diplomacy; misunderstandings are less likely when you can hear the tone and see the face behind the words.
Listen before you leap
Don’t jump to any assumptions before you’ve got all the information, listen to what they have to say before taking any action on the situation. Consider the nature of the comments made and their likely impact on your organisation. It would help if you can give examples of the gravitas that their words could have on your business, staff, customers and clients and what information is regarded as confidential in the business, before discussing what (if any) penalties that may need to be considered in this situation.
It’s easy for any of us to jump to Defcon Level 5 when we spot something that’s close to our heart, however when considering your response and any actions, try not to let emotions overcome common sense and keep everything in perspective. It helps at this stage to involve someone else in your business or HR team member to offer some objectivity. If the remarks have caused offence to other employees within your organisation, treat them with respect and take the appropriate action to record their views, as any disciplinary measures will need to take this into account and be documented.
Nobody wants to have difficult conversations, as a leader though, it’s your duty. Addressing these issues head-on not only resolves current conflicts but also sets a precedent and tone for company culture and expectations.
A gentle reminder goes a long way
You want to get a grip on the situation quickly, treat it with severity but equally keep your cool and don’t blow things out of proportion. Just by being proactive and nipping it in the bud can help you get things back on the right track without any hassle or fuss and sometimes examples need to be made but no one wants to lose a good employee if it can be avoided. A simple guideline should be enough to avoid further scenarios cropping up. For example, a company wide note to say what company issues you regard as private (e.g disputes, working conditions, complaints about management etc) should be addressed to you, their manager or HR and not discussed on social media;
Social networking can be an excuse for avoiding face-to-face conversations by many.
Often a quiet word by a manager can avoid issues that lead to disciplinary and grievance problems. Emails, texts and messaging systems can leave managers reliant on communicating electronically, so lead by example, enjoy more face to face conversations or calls, where the correct tone of voice can be heard and miscommunication can be instantly corrected.
If you have concerns about how equipped you are to manage HR policies and procedures, then we can help. We’ll pinpoint any potential issues that are at play in your workplace, and give you practical advice around what you need to do next.
theHRhub is the ultimate online HR support service for Startups and SMEs – providing software, templates, expert advice and up to date news and views, straight to your mobile or tablet. It’s like having an HR director in your pocket but without the price tag!
Call us on 0203 627 7048 or drop us a line at hello@thehrhub.co.uk for a no-strings chat about your HR needs.
by Claire Ward | Nov 17, 2022 | Employment Law, Internal Communications, Wellbeing
It’s an unfortunate inevitability that loss and the grief, will affect every one of us at some point. And whilst it might not seem the most cheery subject to bring up on a wet November morning, there’s a) never a right time to bring it up and b) perhaps one to store away in the files until you might want to re-visit.
While the death of a loved one is often the cause of grief, it’s important to remember that grieving is not ‘one size fits all’. Studies have found that all kinds of life-changing events can cause feelings of grief. These can include the end of a friendship, the loss of a job, the loss of a pet or a decline in health. Likewise, many different factors affect how we grieve and why, including the support we receive.
And that goes for the support of colleagues and employers as well as friends and family.
As a business leader, the process of supporting employees through grief can be one of the most difficult and delicate tasks you’ll face. This is why it helps to have a more comprehensive understanding of what employees value most when grieving in order to formulate how you would provide support in such an event.
Keep reading for some key strategies on how to support employees through grief.
Look Beyond the Legal Requirements
Here in the UK, there are certain legal requirements for employers to follow when supporting employees through grief, but only for bereavement.
Legally, employers must grant two weeks’ bereavement leave to employees following the death of a child under 18 years old and for dependents (such as a parent or partner) you must grant a ‘reasonable’ amount of bereavement leave. Given that in most cases, there is no legal right to any paid time off for bereavement, it falls to you as employer to determine what you feel is ‘right’.
As a compassionate and emotionally intelligent leader, you can commit to doing more than the bare minimum, something which will be welcomed by any of your team experiencing such loss, as well as other team members who are aware.
Instead of letting these limited and vague legal requirements guide you, think about the support you would want to receive following a loss. This isn’t always financial and could be in the form of a reduced workload, greater schedule flexibility, or emotional support. Factors such as the size of your company may limit the leave and benefits you can provide. But there shouldn’t be a limit on the patience and understanding your company offers to grieving employees.
Formalise Your Procedures for Supporting Employees Through Grief
Whatever decisions you make, we recommend creating a set of formal guidelines detailing how you and your company will support employees through grief. Keep some level of flexibility in it (I know of one business I worked with who spelt out the number of days paid leave provided upon the death of a very specific list of different relatives which felt a tad too prescriptive) however doing so allows you to take a proactive and considered stance, rather than rushing to react to situations as and when they arise and allow your managers and team members to review rather than just try and ‘fill in the blanks’.
Creating a framework for supporting grief encourages an environment of awareness and acceptance around the subject. You might also consider some kind of sensitivity training for your employees about the effects of grief and how best to support a grieving colleague.
And for employees who need support through grief, knowing that there is a policy already in place shows that you understand the complexities of loss and grief and are willing to honour that through formal procedures and guidelines. Requesting that support is then less likely to make them feel as though they’re ‘asking for a favour’ rather than getting the support they’re entitled to.
Following a significant loss, paid time off can be beneficial as it gives your employees the time and space they need to grieve in private. In cases of bereavement and certain traumatic life events such as divorce or loss of a home, they may also need to use this time for attending the funeral or making arrangements. Knowing that they won’t lose out financially also avoids adding to their stress and forcing them to come back before they’re ready.
Consider Non-Financial Support
But financial help isn’t the only way to support employees through grief. You should also consider how you can help by offering emotional support.
Loss and grief are sensitive topics that call for a delicate touch from the moment your employee makes you aware of the situation. Beyond offering your condolences and reiterating the leave they’re entitled to, ensure that they feel valued and supported as a person as well as an employee.
Help you can offer include regular check-ins, an open-door policy, and colleague support networks.
Giving Time
One of the best ways to support your employees through grief is by being patient and listening to what they need. Some people may want to return to work to keep themselves busy. But for those who need more time, you might consider offering reduced hours or more flexible schedules. Easing workloads and adjusting expectations can give your employee space to heal following a loss.
Although this can seem risky when running a business, planned absence is always preferable to unplanned absence. As well as supporting your employee’s healing process and fostering loyalty, addressing the issue head-on allows you to plan effectively to ensure the work still gets done.
Depending on your business environment and resources, you might consider offering a transition period back to a normal routine. This period could involve working from home more often or a lighter workload. You may also need to help them avoid situations, tasks, or environments that remind them of their grief.
Use External Sources if Needed
Remember, as well-meaning as your intentions are, you may not always have the necessary training and tools to support a grieving employee in-house.
Mental health issues such as anxiety and depression can arise or worsen following a significant loss. If you notice worrying signs or become concerned that your employee isn’t coping well, don’t hesitate to take advantage of outside resources such as Cruse Bereavement Support or these useful contacts supplied by Mind.
Also, if your workplace offers an Employee Assistance Program (EAP) that includes access to a grief counsellor, you should ask employees if they’d like you to put them in touch.
Devising Your Strategy to Support Employees Through Grief
Knowing how to support employees through grief can be difficult. Not least because grief is a very individual experience that often defies prediction or definition.
But as an employer, by defining and formalising your company’s grief support framework now, you’ll be well prepared to provide the right kind of support for your employees when they most need it.
For more information on tools and techniques to support and empower your employees, feel free to contact us via hello@thehrhub.co.uk or call on 0203 627 7048.
by Claire Ward | Jul 14, 2022 | Employment Law, Internal Communications
“I’m sorry to send this email to you at the weekend, but I feel I need to raise something with you….”
In an ideal world everyone in your business would get on with each other, everyone would be in agreement on all things work related and no one would have conflict. And then there’s reality….
In 2021, ACAS (the independent public body which offers free advice to employees on employment matters) received more than 650,000 calls from people, raising concerns or asking for help in how to resolve issues at work. And these are the ones which are either escalated or which weren’t brought before an HR team or manager. Whilst disciplinaries and grievances might seem like the ‘bread and butter’ of HR teams & what we are ‘known for’ ( cringe…), we’ve seen more of the latter appear in the last couple of years. It would appear that – in part at least – some of this is due not having the face to face contact to vent their frustrations which people typically have done, leaving them to instead move to more formal channels.
Typically if someone in your team has a concern at work they would either raise it with you or one of your senior team. Sometimes these are relatively small and easy to manage (“I don’t like where I’m sitting” – you’d be amazed at how many of these there are…) and other times they’re more complex & require more sensitivity (“I’ve been treated unfairly and it’s impacted my mental health”).
Many concerns we see relate to situations where someone in the team has been impacted by the behaviours of another in the team – colleague or their own manager – as well as about their role and what autonomy they have (or haven’t) got. But whatever the complaint and however it arises, when it does, it’s important to be prepared and know how to handle it to minimise the chances of the situation escalating in order to find a suitable outcome.
If you do receive an email like this (or even if someone comes to speak to you face to face), it can be tempting to groan inwards and hope you can ignore the issue and it will improve. But no good will come of burying your head in the sand and just like problems with your customers, you’ll need to work through it carefully to avoid escalation: if it’s important enough to someone to raise, then it’s important enough to be addressed.
Informal steps are a good way to try and resolve some grievances but there are some fairly serious areas where an informal approach isn’t suitable and you should always check with your team member if they are happy to try and resolve it this way anyhow, rather than assuming.
All businesses should have a grievance policy (it’s one of the three compulsory policies you must legally have) so it’s worth brushing up on your own before you take any next steps. Also, it’s worth noting, that in technical terms, a formal grievance is submitted when it’s in writing , so Slack and Teams can still count….
Below are some suggested next steps to take if one does land in your lap & when following an informal process (which would always typically ‘shadow’ a formal one anyhow):
1. Make sure that you are aware of all of the relevant information in relation to the complaint. This means speaking to the person who made the complaint and not only hearing their side of the story but checking out any facts to support it: what their concerns are and what (if any) resolution they are looking for. Whatever you do – avoid making assumptions: about their intent, the situation. Anything.
2. Next up: get your Poirot act on as it’s time for a bit of detective work (or ‘fact finding’ as we say in the trade). Typically this is something which is easy enough to do if it’s a simple complaint and involves speaking to those referred to in it and separating out what supports it, what doesn’t and what can’t be found. Try and do this in a sensitive way however to minimise the number of people involved and maintain the confidentiality of the individual.
3. Once you have all the facts, you can start to look into resolving the grievance. Sometimes this will involve looking at any company policies or procedures which may be relevant, as well as taking into account any legal guidance or recommendations. Other times it might be that you find that there has been some wrongdoing and need to escalate it and take potential disciplinary action against another team member. At this stage, we would definitely advise talking it through with your HR guru to see what options you may have and how to mitigate any further risk.
4. If you haven’t already at this stage, we would recommend meeting with the person who made the initial grievance and discuss what you’ve found, what actions will be taken to resolve and why. It’s also a good opportunity to explain how the grievance procedure works and what the next steps will be if they are not happy with the outcome in this case.
If you’ve come to a resolution, happy days ( and this is the case in most situations), but it’s still important to follow up in writing so that there is a record of what was discussed and agreed upon. This can help to avoid future concerns and shows how seriously you’ve taken the complaint.
The steps above are just a guide: every grievance is different and so the process may vary slightly depending on the situation.
If you need a hand working your way through a concern someone has in your business or want to get up to speed on how different processes work, drop us a line via hello@thehrhub.co.uk or give us a call on 0203 6277048.
by admin | Jun 11, 2021 | Employment Law, Internal Communications
We’ve all been desperately looking forward to our long awaited summer holidays: jumping on a plane, feeling the instant heat when you land, seeing the bluest of skies, seas and pools that are yours for a week or two… Ah… bliss!
However with the sudden turnaround on Portugal’s ‘green’ list status many of us are still wondering if we should play it safe in the UK or risk going abroad.
The UK’s vaccination programme seems to be on track but the government are still being very cautious in committing to any guarantees as the global pandemic continues. So what are your obligations as an employer? Can you stop employees from travelling? and would you even want to?
From an employment law perspective, each employee is entitled to a minimum of 28 days holiday a year including any public holidays, which will be pro-rated for those that work part-time. This annual leave should be taken every year, although some employers allow an element of this to roll over if necessary. There is no upwards limit on holiday that you can add to your employee package.
The law states that people must give reasonable notice to take holiday which is normally twice the length of the time requested, eg: 2 weeks notice for a weeks holiday. However you do have the right to refuse this if it is a busy period or others in the team are away, or you have allocated holiday times to work with the seasonality of your business.
Traveling abroad for holiday
Q: Can I stop employees from going abroad on holiday this year?
While an employer can normally dictate when people take holiday, lawfully you have no right to dictate where they can go on holiday. If you are worried about the consequences of planned quarantine or last minute changes to government policy that enforce last minute quarantine for those travelling abroad you may wish to implement a specific policy to discourage employees from going. For example, to make it clear that any quarantine advice must be followed but they would not be paid during this time, or home working provisions are to be agreed and put in place before leaving so they can be accessed if necessary on their return.
Q: Do my employees have to tell me whether they are going abroad on holiday this year?
During these uncertain times it would be worth encouraging communication between staff and line managers or HR to ensure that the return process is as smooth as possible in the event of a return to quarantine. If an employee has been allowed to work from home throughout the pandemic, and could continue to do so on their return then it may be an easy conversation to have. However, if your staff cannot work remotely this may cause a problem. So having a clear policy on whether you require employees to use additional holiday or unpaid leave in the event of quarantine then even those that don’t speak to you should be aware of the consequences should the situation arise. There is no legal requirement to pay employers during quarantine (and they are not entitled to sick pay), but for staff retention and goodwill you may decide to have a discretionary case by case approach to this.
Needing employees to travel again for work
You may be in a position where International business travel is essential to your company. With this you are subject to the same red, amber and green lists as travel. Although you would have to factor in paid quarantine, possible additional hotel costs and pay for any tests due to local restrictions at the destination.
Certain very specific professions have modified or relaxed requirements when travelling back into the UK, but they are quite limited and vary across the UK countries; most people will need to comply with the default rules around green, amber and red list countries, even if travelling for work.
As an employer you have a right to request reasonable instructions be followed by your team, but in the current circumstances that is likely to depend on the destination and what the employee is being asked to do there. There is also the matter of how COVID-safe it is. Asking someone to travel to a red list country is unlikely to be considered a reasonable request unless there is a very compelling reason. So your employee may have the right to refuse to travel if they feel you are being unreasonable. As always good communication between all parties is the best policy here, you want your staff to feel safe and valued especially after such trying times.
If you want to discuss any situations you may have, then drop us a line at hello@thehrhub.co.uk or call 0203 627 7048
by admin | Apr 1, 2021 | Employment Law
It’s that time of year again folks…. This April new employment legislation comes into effect.
Here’s a quick summary of the new legislative changes coming into place this Spring:
- Extensions of IR35 to the Private sector: this one is key if you employ a number of people through PSC (Personal Services Companies – also known as ‘umbrella’ organisations) as IR35 rules prevent contractors who are performing similar roles to employees, and working through PSC, from paying less tax and NICs than if they were permanently employed by these companies. From 6 April 2021, deciding whether IR35 applies becomes the responsibility of all private sector employers that in a tax year have: more than 50 employee; an annual turnover over £10.2 million; a balance sheet worth over £5.1 million.
- Wage rises: Chancellor Rishi Sunak announced on November 2020 that from April 2021, the National Living Wage would rise to £8.91 an hour (an increase of 2.2%) and be extended to 23 and 24 year olds for the first time (previously the NLW applied only to 25 year olds and older). All other NMW rates will increase at the same time in line with Low Pay Commission recommendations.. Other rates also increase.
- Statutory pay rises for maternity, paternity and other parental leave payments: to £151.70 per week
- Gender Pay Gap reporting: Private and voluntary sector employers in England, Wales and Scotland with at least 250 employees are required to publish information about the differences in pay and bonuses between men and women in their workforce, based on a ‘snapshot’ date of 5 April each year. Due to COVID, 2019/20 reports are suspended however companies now have to September 2021 to report 20/21.
For further help and advice on how legislation might affect your business, drop us a line at hello@thehrhub.co.uk or give us a call on 0203 6277048.
Image: Photo by Flickr – Maia Weinstock. LEGO legal justice team.
