Where settlement agreements would historically come up maybe a couple of times per year, we have recently handled several in just a few weeks. Since the lifting of Covid restrictions and employees returning to the workplace, we’ve noticed a steady rise in the number of clients enquiring about them.

There has been a widely reported shift in working attitudes since Covid, with many employees fighting to remain working from home, often against their employers wishes; and others re-evaluating their work-life balance altogether. With some individual’s workplace issues lying dormant during their time working from home, the return to the workplace has re-activated certain feelings and behaviours creating conflict and tension for which both employer and employee are looking for a quick fix.

Designed to be a quick fix arrangement between an employer and an employee to settle a workplace dispute, one of the main points of a settlement agreement is that the employee will forgo the option to make a tribunal claim regarding the incident that has given rise to the settlement being made. Usually, this surrender of rights is made in return for a financial settlement and the promise that the matter is finally put to bed.

Whilst a settlement agreement can be a good way to circumvent what might otherwise be a drawn out disciplinary or performance management process, we don’t recommend that they should be seen as an alternative to either and should only be considered under certain circumstances. They are not a substitute for good working practices; nor are they the default position for when management fails.

Consider that a monetary settlement will be involved that the employer must be prepared to negotiate and pay, and that coming to one settlement may open the floodgates of other employees expecting the same. There is also the danger that an employer will get a reputation for simply ‘paying off’ problematic employees.

A 'without prejudice' conversation relating to a settlement agreement can be started at any time by either an employer or an employee, but it must be done properly so as not to influence or prejudice any future events or decisions. Discussions should include payment arrangements, how the employment will be terminated (if this is an outcome) and any terms of an employer reference.

Once an agreement has been reached it must be put in writing and the employee given adequate time to consider it; usually ten days. The employee should also be advised to seek independent legal advice to have the terms of the settlement clearly and unambiguously explained to them. The cost of this advice should be met by the employer.

Once concluded, the employee has effectively given up any option to claim for unfair dismissal, provided this is detailed in the settlement agreement, so make sure that all loose ends are tied up. Also remember that some dismissals are automatically classed as unfair if they relate to an employee exercising specific rights relating to pregnancy or whistleblowing for example so don’t try to use a settlement agreement in those cases.

Although settlement agreements usually conclude an individual’s employment within a company, they don’t have to. A settlement agreement could be used to settle a dispute over an employee’s holiday perhaps, or an in-work benefit.

As mentioned, settlement agreements should only really be considered as a last resort, but if you do need advice about implementing one you can call us on 01452 331331 or via e-mail on This email address is being protected from spambots. You need JavaScript enabled to view it.

As we endure the current cost of living crisis, exacerbated by record high fuel prices, the war in Ukraine and a predicted continued upward trend in interest rates, most employers will want to support their employees as much as they possibly can. Despite best intentions however, it’s unlikely that many businesses will be able to afford pay rises high enough to put much of a dent in the effects of inflation, which last month was recorded at 7%.

With job vacancies still hovering at a record high of about 1.2million, many employees are fully aware that they currently weald a lot of leverage over their employers when it comes to demanding ever-higher pay increases. Moreover, this extends beyond the more traditionally specialised roles and industries such as IT, Digital Technologies and medical. We’re seeing signs that the hospitality and care sectors are equally being pressured into paying higher wages to recruit and retain workers.

A significant influencing factor of this issue is the ease with which individuals are able to compare their earnings with that of other, similar positions; or at least positions with similar job titles. Recruitment websites such as Indeed, make it very easy for employees to scan vacancies and compare their salaries with those on offer from recruiting companies.

Armed with this information they then feel empowered to insist that their existing employer match their pay to that of the positions on offer. The idea of losing an experienced member of staff, coupled with expected recruitment costs and the lag in productivity whilst a new recruit is brought up to speed can be enough for an employer to relent and meet the demands.

The knock-on effect is that businesses now have to increase prices to meet their higher wage bill, which in turn are passed on to consumers, stoking the flames of inflation and leading to more wage demands. Thus creating a vicious circle that continues to drive inflation.

Amongst all of this is the added wages inflation that is derived from our fixation with job titles.

Many people attach a lot of status and prestige to their job title, and that’s fair enough. People should feel proud of their achievements and of the position they hold within an organisation. However, whilst job titles can be very similar, or even identical in different businesses, the actual duties, responsibilities and accountabilities can be poles apart.

It’s only when we drill down into a job description which details the roles and responsibilities of a particular job that we can draw any meaningful comparisons. However, this may not be properly and thoroughly investigated when an employee demands more pay because they have seen the “same job” at another organisation paying £5,000 more. In other words, although the job title is the same, the duties might be very different meaning we may not be truly measuring like for like.

Equally, when recruiting, it can be a mistake to rely on job title alone. Job roles tend to evolve with an organisation, so even though you might have clearly designed duties for your own payroll manager for example, when recruiting for a new one, you must be clear of the duties and levels of responsibility you are expecting a new recruit to work to.

And this works both ways. Someone currently employed as a marketing assistant may have the skills and knowledge that you would attribute to a marketing manager, and so shouldn’t be dismissed out of hand.

Clear and comprehensive job descriptions are clearly something that employers should be striving to maintain if they want to recruit at the correct level and well as keep a check on what their employees think they are worth. Job descriptions should be living documents that evolve with the position and are kept up to date to reflect duties and levels of accountability.

You can hear more about effective job descriptions at our forthcoming Talent Management seminar in June and if you would like a discussion around your job descriptions, we’re available on 01452 331331 or via e-mail on This email address is being protected from spambots. You need JavaScript enabled to view it.

A recent Employment Tribunal has found in favour of a female employee who claimed she had been sexually discriminated against by her boss who frequently referred to her as “good girl” and harassed her to change her profile images on social media to ones in which she looked more attractive [to her boss]. The tribunal dismissed the defence that the behaviour was merely banter; a point that we should all take note of.

In his summing up in the case of Ms Frances Fricker vs Gartner UK Ltd, the Tribunal judge said “Language evolves over time. Words and phrases that might once have seemed harmless are now regarded as racial, homophobic and sexist slurs.” This is something we already know of course, but this case brings it once again to the fore.

If you really want to read the full case records you can do so here, but it’s not the finer details of this particular case that we’re interest in here. Instead, we want to highlight two significant points that come from it:

• We must be fully aware of the language we use and any potential discomfort, distress or offence that it may cause to others
• A culture of what might be described as “laddish” behaviour is strewn with potential pitfalls and should be monitored to ensure no individuals are adversely affected

Banter is only banter if everyone is truly involved in it and there is no target or victim. Even then, some individuals may join in because they are afraid of being singled out or becoming a target if they demonstrate or voice that they are uncomfortable or don’t agree with what is being said or implied.

As the judge in this case went on to say, “Some phrases, whilst not regarded as taboo, are generally regarded as inappropriate in the workplace. Referring to a woman in her late-30s with a school-age child as a girl is demeaning.”
Decerning what and what does not cross the banter line can be a tricky thing to do. Retaining an upbeat and light-hearted atmosphere in the workplace is usually in the employer’s interest as it means employees are happy, productive and want to come into work. Managers need to be wary however that no individual is consistently the butt of jokes and comments to the point that the banter degrades into bullying.

Employers have a duty of care to provide a safe and comfortable environment for workers, so if there is any inkling that an individual is uncomfortable with comments made “in jest”, then it’s incumbent on that person’s manager to take them to one side and give them the opportunity to be frank and honest about their feelings and to ensure that they are not offended.

Remember too that individuals can be affected indirectly by comments and events. So, whilst a laddish comment made amongst an all-male group of similar backgrounds may appear innocent amongst those present, we may not know what friends or relations people within that group have have. Furthermore, this applies to any group of similar individuals, regardless of gender, race etc.

We constantly advise employers and business owners to regularly review whether their Equality, Diversity and Inclusivity (EDI) policies are alive and kicking or are simply a tick-box exercise gathering dust on a shelf somewhere. Now seems like a good time to raise it again.

The Fricker vs Gartner case is in line with other socially aware changes we are seeing, and employers need to ensure that leaders and senior managers are role modelling appropriate behaviours, holding others to account and genuinely striving to create a truly inclusive work environment for all.

As usual, we're here to support with your organisation's own EDI policies and practices or if you just want to talk through the trends and changes that we're seeing in the world of employment and HR. If there is anything you need support and guidance with then please get in touch on 01452 331331 and This email address is being protected from spambots. You need JavaScript enabled to view it.

Regular readers of our blogs and e-mails will know that we strive to remain as current and up to date as possible in the topics that we write about and share with you. Because of the services that we provide, we are very much at the coalface when it comes to the challenges faced by UK businesses, most of which will have some link to HR and Employment Law.

Looking back at our articles and blogs over the years however, we can see a number of recurring themes that bubble up to the surface on a regular basis. As a business that’s been immersed in the world of HR and Employment Law for over 20 years now, we could be forgiven for thinking that we’ve already told you everything you need to know. However, we recognise that we mustn’t lose sight of the fact that the businesses we serve are constantly evolving and growing and the people within them are constantly changing; as are the rules of Law and best practice, to which we must adhere.

Therefore, we decided that this week it would be interesting to have a look at what those recurring themes are. We don’t have the room to provide any solutions for them here, but we do challenge you to look at each one in turn, and determine if it is an issue for you, either personally or within your organisation. If it is, then we recommend implementing a plan or strategy to fix it to try and keep it off the list for good. So, in no particular order:

Holding Difficult Conversations: Or, more accurately failing to hold them. Problems and issues won’t get fixed if you just ignore them and don’t talk about them. It’s very rare that they simply go away. We find mostly that it’s the fear of conflict or embarrassment that hold people back from holding the conversations they ought to be having. Through training, we can suggest tactics and strategies to help you break the fear; or, if you really need to, you could ask us to do them for you.

Workforce/Talent planning: We’ve been talking a lot about this recently, particularly as we are currently at a record number of vacancies in the UK. However, I found an article we had written about this from eight years ago. Any businesses that took note back in 2014 are likely to be in pretty good shape with their workforce right now. For those that didn’t, you probably don’t want to be reading an article like this eight years from now and wished that you had. Start a plan today.

Contracts and Handbooks: Despite Government interventions such as The Good Work Plan, we still come across businesses that have no documentation in place or documents that are so out of date they are potentially discriminatory. Contracts and Handbooks lay out the terms by which your employees work for you. Without them you can’t hold staff accountable. Allow a budget to have them reviewed regularly to keep them current and legal. Think of it like an annual or bi-annual service.

Holidays and Sickness Absence: Most issues that arise where absence is concerned can be fixed with clear policies that are applied, evenly, fairly and consistently. We’re always happy to help you out with a holiday or sickness calculation, especially where it’s a little tricky like for part-time workers, but mostly it’s just about sticking to the rules.

Mental Health and Wellbeing: Covid has really shaken this one up over the last few years but again, we’ve been talking about it for ages. You wouldn’t put the physical health of your employees at risk and so their mental health should get equal treatment. Your workplace environment should be a place where individuals feel safe and welcome. Helping your employees to help themselves is a good strategy through awareness training and non-judgemental support.

Flexible Working: This mostly used to be about changes to working hours where employees wanted to move to working part time or compressed hours. But now, since Covid gave so many a taste of working from home, variations to working terms has become much more prevalent. Make sure you handle any such variations fairly and properly to avoid any come-back at a later stage. Keeping things relaxed and flexible is OK for a while but making any changes official puts some rules in place to which individuals are accountable.

Disciplinary and Grievance Process: The keyword here is “process”. Problems arise when businesses take shortcuts in their disciplinary procedures. It may feel unnecessary and cumbersome but there are just too many opportunities to get caught out of you don’t follow the recognised stages of the process. The expensive pay-outs you read about in the papers can usually be attributed to a failure to follow process.

How did you do? Have you got all of your bases covered or is there room for improvement in some areas? Of course we talk about these topics (among others) because it’s what we do. So if there is anything you need support and guidance with, we’re here to help on 01452 331331 and This email address is being protected from spambots. You need JavaScript enabled to view it.

With UK vacancies still hovering above the 1.2million mark, recruitment remains one of the big issues of the moment for employers. The scarcity of available talent may influence recruiters to get whatever they can when trying to fill jobs, but statistics remind us that the cost of hiring the wrong person can often be very financially painful.

Psychometric testing for recruitment purposes has been around for a while now to help avoid the problems of selecting the wrong candidate. Historically, the complex and expensive selection device was generally only used for more senior appointments. These days, technology has made the use of psychometric testing available for all and an inexpensive way of filtering out those under qualified or incompatible candidates, paying for itself many times over.

Psychometric tests broadly fall into three categories; Ability, Personality and Situational Judgement:

Ability Tests

Ability tests identify the level of expertise an individual has in a specific tasks or area. Different levels of test exist depending upon the role that you’re recruiting for. A straightforward copy typing and data entry ability tests that measures speed and accuracy may be suitable for an office assistant perhaps.

Alternatively, a suite of ability tests might be more appropriate which for example covers a range of workplace administration skills that measure the ability to organise workspace, maintain data and perform tasks on a computer. Obviously there is a right way and a wrong way to complete any tasks, so these tests are a clear measure of ability.

Personality Questionnaires

These can be used for all positions and enable you to obtain an objective view of a range of traits that an individual has, depending on which test is undertaken, including:

• Leadership style
• Team role preference
• Learning styles
• Emotional intelligence

As there is no right or wrong personality, then these tests should be seen more as an assessment as to whether an individual has a personality that will fit with your current team or suit the job that they are applying for. Results may show that a person is very detailed in their approach to work which might make them good for accountancy jobs but not so apt for positions that require quick decisions to be made from limited information.

Situational Judgement Tests (SJT’s)

Somewhere between ability tests and personality questionnaires, these tests put forward a realistic work scenario and request that the person rank the order of their responses. The tests measure different aspects of performance and/or personality and measure them against a scale of 1 to 10 where 5 and 6 are seen as the norm and 1 and 10 are the extremes.

By design they require previous results to be measure against, but over time an organisation could develop their own scale to understand what the “norm” is for them.

Modern psychometric tests generally return a printed report that is easy to read and understand. The level of detail can be very surprising for a test that asks candidates to simply rank a couple of dozen words. Remember though that different situations can affect answers and results so users should aspire to administer tests in similar situations to give more consistent results across delegates.

Stressful situations might also affect how test are completed, thereby skewing the results, so administering the test away from the stress of an interview scenario might also be a good idea.

Psychometric testing will be one of the subjects of our Employment Law Update breakfast clubs in May, so book your place now to hear Owen’s detailed presentation. We will also be rolling out our own suite of Psychometric tests to support clients with their recruitment and team development so keep an eye out for more details.

In the meantime you can call or e-mail to discover more on 01452 331331 and This email address is being protected from spambots. You need JavaScript enabled to view it.

Current issues regarding the war in Ukraine and the strain this is putting on global relationships are sure to be a worry for many people. Following on from Brexit and then Covid, we seem to be suffering a never-ending stream of stressful situations that create uncertainty and put pressure on people’s mental health and wellbeing. It’s a subject that has increasingly influenced the advice that we give in regard to people management over the past 36 months, with stress and anxiety often being key factors.

Our own suite of mental health specific training courses was introduced several years ago in response to the awareness of mental health issues; however we would be the first to agree that training should form only part of an overall mental health strategy. Organisations must recognise that mental health and wellbeing is a constant factor for individuals and so should implement an ongoing structured approach accordingly.

Mental health issues can be complex, diverse and wide ranging. More commonly recognised conditions include stress, anxiety and depression, but it should be remembered that severe and enduring mental illness can be life changing.

Work isn’t always the main cause. The physical decline or death of a loved one can trigger a mental health episode, as can an event such a partner’s job loss. It’s easy to see then why current economic and political conditions on the back of a global pandemic are significant. However, we might find that pressures or conditions at work such as a tough work schedule or tight deadline might exacerbate external factors.

Whilst we have seen some improvement, it’s still widely reported that admitting to having mental issues remains shrouded with stigma and can be seen as a weakness, especially amongst men. Historically, individuals have been unwilling to admit to being unable to cope or feeling stressed for fear of being accused of being inadequate.

We have moved on a great deal in trying to create an environment where employees can freely express their concerns, problems and feelings. Indeed, the increase we have seen in cases where mental health is a factor, is likely to be a result of more people feeling comfortable about admitting to issues; but there is still more to do.

One approach that organisations can consider is to encourage the view that we all have mental health; just as we all have health generally. It’s fair to say that most of us will suffer something during our lives that affects our general health; and equally, we might also suffer something that affects our mental health. In other words, many of us can expect to have poor mental health at some time in our lives.

As employers, our approach to mental health should be the same as any other health condition. We have a duty of care towards our employees and should ensure they are safe and that the work environment is a safe place to be. Because mental health issues don’t generally have any outwardly visible signals like a plaster cast would be for a broken arm, or a streaming nose and red eyes from an allergy, we need to take other steps to identify it.

If we are able to catch the triggers and causes of mental health issues early-on, then we can do something about it, thereby increasing the chances of resolving the issue before it gets out of hand and causes anyone to need to take time off work.

More organisations are introducing Mental Health First-aiders and we have had consistent uptake of this course over the last three years. Although not qualified in dealing with mental health issues per se, the First-Aiders are trained to spot the early signs of mental health issues and can signpost individuals towards an appropriate course of action or mental health practitioner. They can also be approached in confidence by other employees.

Again, a Mental Health First Aider should form only part of your overall strategy. It's equally important to equip managers to be able to talk to employees who are both mentally healthy and unhealthy. We have courses for managers as well as shorter, in-house mental health awareness training for all staff.

For further support and advice about implementing your own mental health strategy, call us on 01452 331331 or at This email address is being protected from spambots. You need JavaScript enabled to view it.

The economic sanctions imposed by Western countries upon Russia in response to the country’s invasion of Ukraine are obviously designed to create financial discomfort for President Putin and his followers. One of the side effects of these sanctions being felt across Europe and the UK however is the dramatic increase on Petrol and diesel prices at the pumps.

With substantial, domestic gas price rises imminent, and a risk of wider ranging price increases of other commodities, including basic foods, a squeeze on living standards is highly likely. So, what can and should employers do in these circumstances to support their employees and what are their obligations?

Motor fuel prices are particularly volatile as we all know and price fluctuations in the raw product can affect the prices that we pay at the pumps almost overnight. The immediate effect this will have on employees is of course the increased cost of commuting for those who use their own transport. However, as all consumer goods require transportation at some stage, we are likely to see a knock-on effect and a rise in most prices, including food staples.

We are also all very conscious of the major rise in domestic gas prices we are about to experience as the price cap is raised. European gas demand might come under further pressure if Russia restricts supply. And if that’s not enough doom and gloom, let’s not forget the increase in National Insurance contributions that we’ll all be making to cover the cost of the pandemic.

We should all expect a lot less change from our April paycheques.

Annual pay increases to help employees meet the added costs of inflation are part of the economic culture in the UK. Low inflation and record low interest rates have enabled employers to justify more modest pay increases in recent years. Certainly in the public sector, where pay increases are made visible, rises have been kept low, and even then, only made to certain groups such as nurses.

In the perfect storm of inflation that we now seem to be on the brink of, we might expect employees to look to their employers for more support and perhaps an extra-generous pay-rise to help ease some of the financial pressure. There have already been some reported cases of employers going above and beyond expectations and providing very generous pay awards to their staff, specifically to help with the imminent gas price increases. https://www.bbc.co.uk/news/business-60569979

However, it’s not the job of the employer to maintain employees in the lifestyle to which they have been accustomed. Whenever pay increases are reviewed, business affordability must be the main consideration, taking into account the general economic environment and market pay positioning.

For the majority of business, substantial pay increases will simply be too much to bear. Staff cost are already the main outlay for most and we should remember that price increases affect businesses too.

Allowing staff to work from home to save the petrol costs of commuting could be an option, and HMRC do offer a home working allowance, but this needs to be weighed up against the cost of heating that home when the new fuel prices kick in. Organising car shares or providing company bicycles might make coming into a workplace that’s heated anyway more financially viable. At least until the weather improves and starts to feel a little warmer.

One-off bonuses and ex-gratia payments are also options. Advantages for the employer here are that there are no long-term commitments and payments are not pensionable. We would however advise that any such payments are made consistently across all employees.

Where feasible, employers can enable workers to earn more money through overtime or covering for vacant positions. The employer is still getting the productivity and potentially without some of the recruitment and training costs.

Although failure to meet employee pay-rise expectations might lead to some staff attrition, the lure of more pay from a new employer might be surpassed by job security. With no early resolution to the war in sight, a protracted crisis in Ukraine looks increasingly likely. Stable business that financially prepared for difficult times will likely fair better in the long term than those who are prepared to offer pay increases above their means simply to appease their staff. A fair and honest approach to the explanation behind what pay increases are awarded is probably the best policy.

For help and support with a workforce and people plan review that might help you set realistic pay awards, contact us on 01452 331313 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

There are still places on out forthcoming Workforce Planning Seminar too on Tuesday 29th March.

The war in Ukraine is obviously at the forefront of everyone’s thoughts at the moment. The USA and European countries have demonstrated remarkable solidarity in condemning the invasion and by imposing harsh economic sanctions on Russia, risking the stability of their own economies. We’ve seen exceptional generosity too as citizens of neighbouring countries take Ukrainian refugees into their own homes.

The standout point for us though from the whole affair has been the remarkable leadership demonstrated by the Ukrainian President, Volodymyr Zelenskyy.

As an organisation for which Leadership is a fundamental element, we are quick to recognise and applaud Mr Zelenskyy who is demonstrating all of the characteristics of an excellent leader and has already become an example to which other leaders, whether in politics or business, should aspire.

After earning a Law Degree, President Zelensky became an actor and comedian, started a TV production company and starred in an immensely popular Ukrainian television show called Servant of the People in which he plays the President of Ukraine. His character, initially a high school history teacher, is propelled to the country’s top job after a video of him ranting against corruption in the country goes viral.

Anti-corruption was a key policy of Zelenskyy’s campaign whilst running for the real presidency of Ukraine, which he won with 73% of the vote.

President Zelenskyy is clearly a leader for his time. His TV and film experience has clearly been an invaluable asset when communication channels are reduced to social media and selfie videos; but more than that, he has exhibited authenticity and leadership through example. Here’s how we see Mr Zelenskyy’s key traits:

Authentic Leadership: Mr Zelenskyy is true to his beliefs and lives them passionately. His anti-corruption standpoint may have first seen light through his fictional presidential character in his TV show, but his presidency has been built on the same, fundamental beliefs, even if his attempts at reform are rejected by the country’s parliament. He clearly wants to deliver the President that people voted for.

Presenteeism: Despite facing superior weaponry, Mr Zelenskyy has asked his countrymen to stand fast and resist the country’s aggressors. Where heads of state often flee or are ushered to safety in times of crisis, he understands that he must face the same challenges that he has asked of his people and so has remained in the capital city Kyiv, putting himself at great risk.

Communication: As we have said, Mr Zelenskyy’s media experience has stood him in good stead for communicating in a digital world. Indeed, his presidential campaign was largely done virtually and online. However, communication isn’t just about how, it’s also about what and the Ukrainian President’s message has remained clear and unambiguous throughout. He’s also been incredibly honest. None of the Ukrainian people who are staying in their country to take a stand are under any illusion of the risk they are exposing themselves too. Sometimes, people appreciate it when their bad news isn't sugar coated.

Resilience: Despite the military odds being overwhelmingly stacked against Ukraine, the country’s president has engendered a spirit and stoicism that has meant Russia has been unable to meet its military objectives during its campaign. It’s not over yet of course but where President Putin had expected Ukraine to simply roll over to his aggression, he has definitely had his fingers burnt.

Moreover, there is no doubt that it is Mr Zelenskyy’s leadership that has generated the support amongst Western countries during this crisis. His authentic leadership style has won him followers across the world.

We hope to see a peaceful end to the Ukrainian invasion without further escalation and a resolution that results in the country retaining its sovereignty. The damage already incurred however is sure to leave scars that will take many years to heal. Our thoughts remain with the people of Ukraine.

Holding on to the talent that you have is as much a challenge as recruiting new team members. Cathy O'Donoghue examines some strategies that might help you plug any talent leaks.

Whether you use a recruitment agency or prefer to keep talent acquisition in-house, Chloe Errington-Spurr takes you through a wealth of information to help manage your recruitment better.