Your employer brand is what your potential new recruits see when sizing up your business as a place to work. Your culture and what you stand for all go towards building the picture. Here, Cathy O'Donoghue explains what an attractive employer brand looks like and why this is critical in today's jobs market. 

Kieran O'Donoghue looks at the factors that dictate why we need to change our approach towards recruitment

Owen Lee discusses where discrimination can occur during the recruitment process and examines unconscious bias and what you can do to avoid it.

Covid-19 continues to hog the headlines in one form or another. Despite the Omicron variant having less severe symptoms, its contagiousness has created a new wave of issues. The number of employees in the UK who have the disease and therefor need to self-isolate is affecting productivity and supply chains, and we’re seeing a marked effect at the NHS which is experiencing record staff absences.

Owing to the restrictions placed upon us in response to the onset of Omicron, we are sensing a rise in ill-feeling and disgruntlement from the general public towards those who have chosen not to get their jabs. You would have to say that based on the available evidence, there is a case to be made.

Whilst it can be difficult at times to fully make sense of ONS figures, the ONS website does say, “Over the whole period (1 January to 31 October 2021), the age-adjusted risk of deaths involving COVID-19 was 96% lower in people who had received a second dose at least 21 days ago compared with unvaccinated people.”

The high profile case involving Tennis star Novak Djokovic, is a case in point. His bid to be allowed to enter Australia to defend his Open title there has, it seems, polarised opinion. The sports star has made no secret of his aversion to receiving the Covid vaccine and although some have spoken out in his defence, public opinion appears less supportive. We wonder how much today's decision to revoke Djokovic's visa was influenced by public opinion.

Relating the issue back to Employment Law, you may have come across the stance adopted by a number of employers against non-vaccinated employees.

Ikea, Wessex Water and now the retailer Next, have made the decision not pay company sick pay for those employees who are absent from work for Covid related reasons, and who have chosen not to receive the vaccine. This may be a backhanded way to encourage vaccine uptake amongst team members as well as appease colleagues who may claim unfair treatment.

Whilst it is the company sick pay element that has been withheld and not SSP, which is a statutory right, we would advise employers who wish to follow suit to do so with caution.

In all circumstances, consider any such action on a case-by-case basis which includes speaking with the employee to help understand why they are not vaccinated. Failure to do so you will expose you to a risk of discrimination claims under the Equality Act. The obligation is on the employer to objectively justify every individual case where it intends to play less sick pay to an unvaccinated individual.

You must continue to pay SSP. Ikea are only withholding the company sick pay element.

Ensure that employees who are fully vaccinated, and those who are unvaccinated owing to certain mitigating circumstances, such as pregnancy or other medical grounds, continue to receive full company sick pay while self-isolating, if it is your usual policy to pay it. Unvaccinated workers, who do not have mitigating circumstances, who test positive should be paid in line with company sick pay.

At Ikea, it is only unvaccinated workers, without mitigating circumstances who are isolating as a close contact, that will be affected by the decision.

One more thing. Remember that if you record information on vaccination status, this is classified as Special Category Personal Data under GDPR and you must have a good and communicated rationale for doing so. Employees need to give their explicit permission for you to hold such data.

Whilst we’re on the subject, there have been a number of recent changes to government guidance on self-isolation and absence. Here’s a summary which is accurate at the time of writing but with rules changing almost daily, it’s always worth checking on the .gov website.

Sick Absence Certification
If an employee goes off sick on or after 10 December 2021, up to and including 26 January 2022, you cannot ask them for proof of sickness until they have been off for 28 days or more. Employees can normally self-certify sickness absence for the first seven days. This has temporarily changed (for the duration of the defined period above), in that they can self-certify for 28 days. This is to enable GPs to focus on the COVID-19 booster programme https://www.gov.uk/guidance/statutory-sick-pay-employee-fitness-to-work

Self-Isolation
The self-isolation advice for people with coronavirus (COVID-19) has changed. It is now possible to end self-isolation after 6 days, following 2 negative LFD tests taken 24 hours apart. The first LFD test should not be taken before the fifth day.

If you have COVID-19 symptoms you should stay at home and self-isolate immediately. You should arrange to have a PCR test as soon as possible. If this PCR test result is positive, you must continue to self-isolate.

If you do not have COVID-19 symptoms but test positive for Covid with a lateral flow test (LFT) kit, there is no longer any need to book a PCR test to confirm that result.

If you have been vaccinated with a COVID-19 vaccine, you are less likely to become severely ill if you catch COVID-19. You are also less likely to spread COVID-19 to other people, but it is still possible for this to happen. Therefore:

• if you are aged 18 years 6 months or over and you are not fully vaccinated (see note), and you live in the same household as someone with COVID-19, you are legally required to stay at home and self-isolate
• if you are fully vaccinated or aged under 18 years and 6 months, and you live in the same household as someone with COVID-19, you are not legally required to self-isolate. However, you are strongly advised to take an LFD test every day for 7 days, and to self-isolate if any of these test results is positive

(Note :You are fully vaccinated 14 days after having received 2 doses of an approved vaccine (such as Pfizer/BioNTech, AstraZeneca or Moderna/Spikevax) or one dose of the single-dose Janssen vaccine).

https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance/stay-at-home-guidance-for-households-with-possible-coronavirus-covid-19-infection

For further help, support or advice regarding your HR and people development, call us on 01452 331331 or drop us an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

Retention: The final part of our three-part blog.

You may think that you’ve done all the hard work in attracting and recruiting your employees, but the job isn’t over. Holding on to your hard-won talent is the final piece of the puzzle. Here, in the concluding part or our three-part blog, we look at employee retention; some of the reasons behind why staff leave and some measures you can take to hold onto the good ones.

To understand how to retain employees, we need to be aware of the reasons why they leave. We have two groups to consider; those who we have recently recruited and established employees who have been with the company for a while. Research tells us the reasons why they leave are quite different.

For very new recruits, we might even consider that their first few days and weeks are actually still part of the recruitment process. As the recruiter, have you made the right choice? Did your recruitment process, from job description to advertisement to selection, really hone down on your perfect recruit, or did you pick the best of a bad bunch because you were desperate to fill a vacancy? New recruits have little loyalty and if they find themselves out of their depth, choosing to ‘fail quickly’ may be a more attractive option than trying to tough it out or risk not making it through probation.

Early impressions can be the most impactful so is your onboarding process thorough? In addition to a job induction do you have a wider, company induction that gives new recruits a full understanding of the culture, what the organisation does and who their internal customers are? Are they made to feel welcome? Is any required training already mapped out and scheduled?

Some reports claim that as many as 50% of new recruits aren’t working out. Recruitment is a costly exercise so investment in good recruitment and onboarding processes is time well spent.

Amongst established employees, we’re more likely to see retention rates to be driven by economic factors. Better retention in times of economic uncertainty and higher unemployment, and a more transient workforce when times are good and competition for talent is high. We could argue that the latter is true now, but we have also have the Covid factor to consider.

Your retention policies and practices need to move with the times and reflect current trends and meet the needs of an ever-changing economy and workforce. Where good rates of pay and job security have historically featured as reasons to stay with a company, in the current climate, flexibility has become a key factor.

Furthermore, we shouldn’t make the mistake that the elements that make a company attractive to join are the same as those that make it attractive to remain. Employees get older, economic pressures change and priorities shift. A blanket approach may not always be effective in a staff retention plan and employers may have to cater for the needs of individuals.

Whilst the reasons why employees leave their employers varies significantly, we are seeing some common and reoccurring themes.

Poor work/life balance and no flexibility: This is something that has become much more prevalent since the pandemic. With many staff either working from home, or just being at home on furlough, there have been numerous reports of people re-evaluating how they spend their time. Having a taste of more home and family time has highlighted to many that perhaps they’ve got the balance wrong. Employers who are not willing to accommodate flexible and hybrid working are putting themselves at risk of higher attrition rates.

Burn-out: For some, the pandemic has been non-stop. Even where work has not continued or increased, as it has in some industries, the effort of adapting working practices has been physically draining for employers and employees alike. Feelings of being overworked and exhausted are driving some workers to less taxing job roles.

Lack of recognition: This can be a major factor with or without the pandemic. Being recognised for a job well done is a huge motivator for individuals that drives job satisfaction and employee engagement. Employees don’t always expect tangible rewards either. Extra money or holiday is nice but a simple pat on the pack can go a long way. Employee recognition schemes can also be effective and inexpensive to implement.

Lack of advancement/development opportunities: No-one wants to have a dead-end job. If employees can’t see a way to progress, they’re much more likely to move on to a new employer. It’s not always possible to maintain an upwardly progressive workforce but that’s no reason not to invest in employees and continue their development through training. A sideways move may be enough to stimulate challenge and preserve engagement.

Bad Bosses: This covers a multitude of sins, but it’s widely recognised that poor management is a huge contributor to staff attrition and some reports cite it as the main reason that employees quit. Dissatisfaction may stem from poor Director level decisions, from an inadequately trained line manager or from an over-zealous micro-manager. With the amount of funded leadership training available, including from us, there’s ample opportunity to have properly trained managers.

Poor Workforce Planning: An employer who fails to plan for leavers or expansion will need existing employees to work harder and/or longer hours whilst waiting for vacancies to be filled. This will create a lack of confidence in the management’s ability to run the business and bring into question it’s longevity. Overworked employees may feel they are part of a sinking ship and choose to jump rather than go down with it.

Competitor pay and benefits: It’s always going to be a challenge to prevent employees leaving for pay and benefits that you are unable to match, but already knowing your employees does give you an advantage. Aligning your social responsibilities and ethical approach with that of your employees could make it harder for them to cut the chord. Individuals generally are more social and environmentally aware and so knowing they work for a principled employer could give you the edge.

Sometimes, you’re not going to win. It’s well documented that so called millennials don’t necessarily expect to stay in the same job or with the same employer for long periods. Instead they expect to have many jobs of relatively short terms. In this instance employers may be better off planning for this rather than fighting it. Maximise their potential productivity and don’t hang on to underperformers or those who are too needy.

At the other end of the scale, older employees will relinquish obligations as children grow older and leave home, and as mortgages are finally paid off. Responsibilities may come in the form of taking care of elderly parents. Rather than lose their skills and knowledge entirely, this is a good opportunity to offer part-time and flexible working arrangements. Mentoring a colleague to take over their duties could be a good motivator for keeping them interested and will mean that knowledge is handed down rather than being lost entirely.

It’s clear that throughout all three processes of attraction, recruitment and retention, employers need to be thinking outside the box and be creative in their approach. Our seminar on 18 January 2022 will expand on the points raised and help to give your organisation the edge in acquiring and retaining new talent to grow and expand your businesses.

Our forthcoming Attraction, Recruitment and Retention seminar on Tuesday 18th January has now been moved online owing to the spread of the Omicron variant. We'll still be sharing oceans of information from ourselves and guest speakers about how to recruit and retain an inclusive and diverse workforce. Book your place now. The seminar is now free however you can still make a charitable donation of you wish. A maximum of two delegates per organisation please.

For further help, support or advice or to discuss training, call us on 01452 331331 or drop us an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

Recruitment: Part two of our three-part blog.

Before we dive headlong into part two of our three-part blog, recruitment, it’s worth noting that there is some overlap with the first subject that we covered, attraction. If you’ve done your groundwork, built an employer brand and a reputation as a good company to work for, you don’t want to let yourself down with a shoddy recruitment process. It’s reported that 58% of candidates turn down a job offer due to poor interview and recruitment process.

For most candidates, the first physical interaction with your organisation is likely to be when they apply for a job. You need to make it a good experience from the outset and one that demonstrates your culture and gives candidates a taste of what it will be like to work for you. Make sure that enquiries are dealt with competently, consistently and in a timely fashion. Even those who you’re rejecting should receive a good experience and be dealt with politely and professionally.

Your entire recruitment process should be fair and consistent. Decide upon the format for selection, interviews and shortlisting in advance so that it can be consistently applied. You’re bound to encounter questions about this during the process so knowing it in advance will mean you’re not scrabbling around for answers. For example, will there be psychometric, aptitude and ability tests? How many interview stages will there be? When will a decision be made?

Ensure you have a well written job advert and job description, especially if you’re after certain skills or qualifications. If something is an absolute must have, such as a certain licence or product experience, make that clear. Giving under-qualified potentials the opportunity to de-select themselves at an early stage will save both your time and theirs.

Advertise in the right place for your role and industry. Are there are industry forums, newsletters or job boards you can utilise? For some positions consider that social media might be a good option.

Most job adverts these days tend to ask applicants to submit a CV, and while it’s an opportunity to see how candidates express themselves, there’s no universally agreed format, so consistently gathering information can be challenging. Job application forms may sound like a thing of the past but with modern technology they are easy to administer. You can make them downloadable from your website for example and you could have different forms tailored to different roles.

Not only will you ensure that the information you gather is consistent across all candidates, application forms also enable you to manage your process to ensure best practice and avoid discrimination. The first page might contain information that could cause bias, unconscious or otherwise, but could be withheld from those sifting applications so that applicants are truly filtered by relevant criteria. Even someone’s name might be enough for someone to form an unconscious view that affects selection. Simply numbering all applications and referring to them as such could be a solution here.

Your interview format should receive the same attention as other part of the process; make it fair and consistent but also polished. If you’re interviewing on-site, depending on where your premises are located, it might be appropriate to provide parking, or at least inform candidates where parking is available. However, in the current climate, a first interview of Zoom or Teams could be a good way to garner initial interaction. Remember your company branding however and ensure all interviewers understand the technology.

It goes without saying that asking the right questions and actively listening are crucial for successful interviews. It is important to think about any questions that are key to the role or the industry that you need to ask all delegates. It’s also important to ask open questions, actively listen to answers and to pick up on non-verbal communication.

All interviewers should be familiar with the standards and expectations of the recruitment process and how the scoring works. They should also all be trained on Equality and Diversity.

If you are conducting second interviews, determine those questions on the outcome and responses from the first round. It is good to ask questions that are relevant to your industry and your business but below are some basic questions to consider:

• What can you tell me about the company?
• Why do you think you would be successful in this role?
• Why should we hire you?
• Name three strengths
• Name three weaknesses
• Tell me about a challenge or conflict you’ve faced at work, and how you dealt with it?
• Tell me about a time you failed.

Don’t be afraid to poke around a CV or application form; ask:

• Why are you looking for a new role?
• If there are gaps in a CV, ask why
• If a candidate is changing careers, why?
• If there are short periods of time in a role, why?

Don’t overlook legal considerations during the process. Under the Equality Act 2010, an individual does not need to be an employee to put a claim in against you and take you to a tribunal.

• When using social media ensure that if there are algorithms being used by the site there is no criteria that could be deemed unfair.
• Consider and ask if candidates would like any reasonable adjustments made during the interview process.
• Follow a fair, open, and transparent process
• Keep records
• Ensure you know the protected characteristics
• Follow and record a fair ranking system when deciding a candidate is right or wrong for you
• Is your candidate legally allowed to work in the UK and you have seen physical, official evidence of this?
• Health questionnaires can only be used once a job offer has been made and accepted
• References taken must be fair, accurate, true, and confidential - you can be challenged here
•  Remember a verbal job offer is a binding contract

Recruitment is a complex task that can’t be rushed; processes need to be followed and there are legal aspects that must be considered.

However, it is also a positive time for your business, and it’s a process that should be enjoyed. Recruitment needs to happen because a company is growing, it is successful, or it is developing and there is a need for new skills. These are all good things and you can exploit them to promote your business and attract the right people with the right skills.

Attraction, recruitment and retention will be key themes with our forthcoming one-day seminar on Tuesday 18th January at Worcester Warriors Rugby club. There will be oceans of information from ourselves regarding the full process and how to recruit an inclusive and diverse workforce. We’ll also have a range of key guest speakers to support businesses in fulfilling their recruitment needs. Book your place now. Cost is £50 pp with any profits being donated to charity.

Should Covid restrictions mean we are unable to host a live event, we will switch to an online delivery via Zoom.

For further help, support or advice or to discuss training, call us on 01452 331331 or drop us an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

Recruitment tends to be an ongoing challenge for employers and it’s a topic we’ve returned to several times over the years. Most businesses will factor recruitment into their general operations. Either they’ll need additional staff as they grow and expand, and/or they need to replace other employees who have moved on for any variety of reasons.

It’s no secret however that Covid and Brexit have combined to create a perfect storm that has transformed the recruitment landscape. This has come on the back of a gradual shift in what we might describe as traditional recruitment to a more digitalised process, thanks to the proliferation of the Internet.

The tables have turned on recruitment agencies who once might have retained a bank of job-seeking candidates, and have now-become head hunters who scour scores of CVs posted to specialist websites in search of suitable candidates as vacancies arise. Job-hunting is dominated by websites such as Reed and Indeed who have streamlined the process to an almost box-ticking exercise that often inundates and frustrates businesses with unsuitable applicants.

Today, businesses openly admit to finding it a struggle to fill vacancies. With record levels of employment in the UK, candidates can afford to be fussy about where they want to work. The balance of power has shifted in the employees’ favour and talent acquisition has become highly competitive with businesses creaking under the demands for favourable terms and benefits requested by candidates. Flexible working arrangements are becoming increasingly prolific and “golden hellos” a regularity.

Whilst a competitive salary, health care and generous pension provision will certainly encourage enquiries, there is something indefinable about working for a company that has a reputation for being a “good employer”. This is your employer “brand” and it’s as important that this is as strong, if not stronger, than the brand you work to project to your customers.

Start building your employer brand from within with your existing employees. Introduce clear and professional business policies and ethics consistently across your workforce to develop an enviable culture. Invest in your employees. A properly considered succession plan will mean that skills are available internally to meet growth plans and staff attrition will lessen as employees see their future development mapped out for them.

Building such a reputation doesn’t happen overnight however. Whilst it may not help in the current vacancies crisis, it should feature in a longer term strategy to ensure that the vacancies of the future can be filled. Social media and websites such as glassdoor.co.uk are waiting to pounce on any employers who don’t meet employee expectations.

Some responsibility for a lack of appropriate talent and skills must be accepted by the industries and businesses themselves for their failure to plan their workforce needs. Brexit may have influenced an exodus of cheap labour but let’s be honest and remember that the Brexit vote was over five years ago in 2016; it’s not like we didn’t have time to prepare.

Equally, how many businesses actively talk to local schools, colleges and Universities about the skills they need both now and for as far in the future as they are able to predict? Garnering engagement and influencing the subjects that are taught at the earliest possible stage must surely be a logical step when trying to develop a pool of talent that’s both on the doorstep, and readily equipped with the right skills.

A recent survey by Thomas International revealed that as many as 50% of new candidates aren’t working out. That’s an excessive failure rate and one that could potentially prove fatal for some businesses. It might be easy to blame the candidates for over-egging their own skills and abilities but we should also address our own recruitment and attraction techniques. Here are some pointers:

• Be realistic: Are you looking for a candidate who has oceans of experience, can hit the ground running, won’t require any training and will be the perfect cultural fit? So is everyone else and they probably don’t exist.
• Build a clear job role: Think of the job that’s needs fulfilling now and the skills required now. Can skills required for the future be trained later so that your current available talent pool is larger?
• Use plain language: Don’t advertise for a “Vision Technician” when you’re actually after a Window Cleaner. Think about what your potential and preferred candidates will actually search for.
• Sell your business and the role: Why is your job so good and why should people work for you as opposed to a competitor.
• Declare your universal appeal: Let candidates know that you’re an equal opportunities employer and advertise to more diverse markets and communities to extend your reach.
• Include your sustainable credentials: Having green and environmental policies is important to a great many candidates.
• Consider transferable skills: Experience in some other fields or industries can cross-over much more readily than you might have realised. Think outside the box.
• Use application forms: CVs are good for some roles but they can be off-putting when candidates are unsure about how to lay them out. Application forms also means everybody is asked the same information.
• Cautiously use social media: For some jobs it’s perfect but for others less so. Be selective and use wisely.

In the current labour market a rounded and creative recruitment strategy is vital if vacancies are going to be filled and productivity maintained. Attraction, recruitment and retention will be key themes with our forthcoming one-day seminar on Tuesday 18th January at Worcester Warriors Rugby club.

We’ll be providing information from ourselves and range of key, guest speakers to support businesses in fulfilling their recruitment needs. Book your place now. Cost is £40 pp with any profits being donated to charity.

For further help, support or advice or to discuss training, call us on 01452 331331 or drop us an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

Difficult conversations continue to lead as one of the underlying causes behind the issues that we are asked to support with. More accurately, it’s a failure to hold difficult conversations that is the problem, allowing issues to fester, making them more difficult to resolve.

Obvious and blatant rule breaking that initiates an investigation and disciplinary process shouldn’t create a barrier to holding a conversation; although it’s fair to say that it’s rarely comfortable to tell somebody that they’ve lost their job, even if the wrongdoing warrants it.

Very often though, we find that a team member’s behaviour is either unacceptable or doesn’t fit with the organisation’s culture. Whilst a conversation is required to deal with this, it doesn’t take place for a number of reasons:

• Conflict: We’re afraid that the offending party won’t like or won’t agree with what needs to be said and conflict will arise.
  
  It’s perfectly natural and human to want to avoid conflict of course, but when you’re responsible for managing others in an organisation, sometimes, you have to do or say what is in the best interest of the business rather than what is going to keep your own personal relationships or popularity intact. Have your facts straight and your ducks lined up so that your points are indisputable.
  
  
• Embarrassment: This can be twofold; either the topic of conversation might be of a delicate or personal nature, and we don’t know how to approach it in a sensitive way. Or the behaviour is long standing, and it has become embarrassing to raise it after all this time has elapsed.
  
  It can be problematic to confront behaviour that has been left unchecked for a period of time, and difficult to justify why suddenly now, it has become an issue and is no longer acceptable. Putting your finger exactly on what the problem is can be difficult, especially if no rules have been broken and it’s more of a cultural mismatch. Here, it can help to be humble and accept some of the blame, but be clear that a line is being drawn and the behaviour cannot continue.
  
  If it’s a personal issue, such as body odour perhaps, don’t be judgmental and keep the conversation strictly between you. Remain factual and offer support. Not discussing it won’t solve the problem.
  
  
• Fallout: We’ve got a good idea of how the offending party is likely to react, and frankly, we just don’t want to hear it.
  
  Giving feedback for a shortfall in behaviour and performance when you trying to build confidence and engagement can be challenging, especially when the individual may not want to hear it. You’ll need to make this conversation part of a structured 1-2-1 review or appraisal. Include SMART objectives against which the individual can be held to account.
  
  Assess whether they need more training, support or both. Or do they just need to do their job to the required standard?

In our experience, the discomfort that might be felt in having to hold a difficult conversation is rarely as bad as has having to deal with the results of failing to hold it. We have heard of some individuals taking some quite convoluted and costly courses of action in order to avoid having to hold a difficult conversation. In reality, they’re just kicking the can down the road and creating a much bigger issue that they’re going to have to face eventually.

Think holistically. A proper recruitment process followed up with a structured induction and training programme and ongoing reviews and appraisals should negate the need for a really gritty, difficult conversation; plus, there will be raft of other benefits. Should an issue arise, you will have given yourself the opportunity to nip it in the bud.

If, however, you’re beyond that option and your difficult conversation is looming, here are some tips that can help:

• Be prepared. Make sure you have as much information as you think you’ll need and have a clear idea of the outcome that you are after. Think of a mental flow-chart so you can keep the conversation on track.
• Get on with it. Preparation is good but don’t use it as an excuse for procrastination.
• Make an appointment. Don’t just call an ad-hoc meeting. Pre-arrange a time and date in a suitable, private environment to add formality to the meeting and gravity to your message. Remember that for disciplinary meetings, 48 hours’ notice must be given and representation offered.
• Be direct but use open questions. Don’t beat around the bush. Get to the point of your discussion but use open questions to draw out the subject’s views. Eg. “We’re meeting today to discuss your sales figures. How do you think you are doing?”.
• Keep emotions in check. Be aware that the subject of your conversation may make emotions run high. Keep your composure at all times and don’t get personal – show empathy
• Find a solution together. Where possible, ensure that the outcome is agreed between you and that both parties “buy-into it”. Create a written next-steps plan if needed which will aid your position if the issue arises again.

Holding difficult conversations is a perpetual issue and we run full and half-day workshops on the topic, as well as including it in our ILM programmes. When required, we’ll also come on-site and hold the conversations alongside you or on your behalf. Especially if it’s an issue you are particularly uncomfortable with such as a performance, long-term sickness or dismissal, or for which having a third party manage the situation is better for employee relations such as redundancies.

For further help, support or advice or to discuss training, call us on 01452 331331 or drop us an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

In nearly twenty years of advising businesses in HR and Employment Law, we’ve only ever had two cases that have got as far as an Employment Tribunal. Our clients won on both accounts, but it remains our absolute goal to keep employers out of Tribunal and to prevent issues ever escalating to that extent.

Since the abolition of fees to bring a claim in 2017, Employment Tribunal cases have steadily risen and the number of outstanding cases at the end of March 2021 was approaching 500,000.

The workplace disputes resolution service ACAS, recently organised a mock Employment Tribunal as a means of education and information, so we sent along our consultant Chloe Errington-Spurr, to investigate and report back on the experience.

Chloe’s first observation was that a Tribunal is a scary event. Even though the majority of cases are still being handled over Zoom, it’s still a proper courtroom situation with a lawyers and a judge; a judge led panel of three in discrimination cases. Lawyers are allowed a 30-minute cross-examination time and only the ACAS code bears any weight.

It’s worth noting that even if earlier attempts of conciliation have failed, parties can still agree to settle their claim arbitrability right up to the eve of the Tribunal date; so long as the settlement is notified to the court by 5.00pm.

Some of the key learnings that Chloe bought away from the event that should be applied by any organisation at the earliest stages of a disciplinary or grievance situation are:

• Employers must demonstrate that they have considered the employee’s feelings: Where cases are upheld, we’re more commonly seeing a compensation award being made for “injury to feelings”.
• Check on the expiration of previous disciplinaries: Earlier disciplinary measures against an employee can be taken into account but they have a sell-by date. The ACAS code of practice suggests 12 months for a final written warning and six months for other warnings. They should be disregarded after this or the Tribunal might hold it against you if they are not.
• Always follow due process: We’ve written previously about how cases can be lost because process has not been followed.
• Ensure that the punishment fits the crime: Over-zealous sanctions or measures that stray from your policies or culture will be looked down upon.
• Follow the appeal process: Always allow an appeal, and it should be heard by someone different to the person who heard the grievance and preferably of equal or higher standing.
• Meaningfully take into account the employees past record: Consider that a long and otherwise blemish-free employment history might beget some leniency for a first offence
• Be clear on the possible outcomes and consequences of a disciplinary action: We recommend you always state the worst possible outcome of a process at an early stage.

No two Employment Tribunals are ever likely to be exactly the same but we can see lots of similarities in how employers fail to prepare for cases that the subsequently lose. Indeed, the judge at the mock Tribunal was eager to list the top reasons why employers lose cases:

• Not following process or procedure
• Missing paperwork
• Incomplete timeline
• Incompetent managers
• Inability to communicate – events snowball and we get to a tribunal
• Not conducting a fair and meaningful investigation

We can’t stop employees entering Tribunal claims and as it’s effectively free to do so, there in no financial deterrent for entering spurious claims. However, we can make sure that we have followed due process and have all of our ducks lined up to ensure that either a defence solicitor will recognise that it’s a lost cause or the case gets thrown out at a preliminary hearing.

You can further prevent situations ever getting out of hand by giving your managers some basic HR knowledge so that they understand basic procedures and the potential outcomes of any decisions that they make. Our practical HR for Managers is the perfect course for this with content delivered in digestible, bite size sessions. See the details on our website.

In the meantime, if you have any issues for which you think an intervention now could save you a lot of expense and pain in the future, call us on 01452 331331 or drop us an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

With new Covid-19 cases hovering around the 40,000 per day mark over the past few weeks, we are frankly reminded that we remain in the midst of a pandemic. Despite the vaccine rollout vastly reducing the number of infected individuals requiring hospitalisation, positive test results still require isolation and are therefore a potential disrupter for businesses.

It’s important then that employers are clear what action they must take or instructions they should issue, if an employee informs them that they have symptoms or have tested positive for Covid-19; or live with a family member who has tested positive.

We must still adhere to the Government guidance. If an employee experiences Covid symptoms or has a positive result from a Lateral Flow Test, then self-isolation is required and a PCR test should be taken; either at a testing centre or arranging to have one delivered to home. A positive PCR test will require 10 days isolation from the date that symptoms began or the date of the positive test.

Employees who share a home with someone who has tested positive do not need to self-isolate if they have had both of their vaccination injections, and on the basis that they do not test positive themselves of course.
If your employee is isolating, then they can work from home if they are able and they feel well enough to do so. If their job means that they cannot work from home, or if they feel too unwell to do so, then they should be placed on sick leave.

Whilst the Government continues to resist calls to implement “Plan B”, it is vital that we maintain appropriate behaviour, not only to reduce the spread of the virus, but to keep our own businesses, and the general economy, performing effectively.

Working from home remains an option for some of course but it doesn’t suit everybody or all businesses. We should consider a range of actions and practices that we can implement to keep our businesses productive whilst keeping everybody safe which don’t necessarily have to cost anything. For example:

• Implement a mask wearing policy when moving between rooms or in a common areas such as a the kitchen or meeting room
• Employees cleaning down their desks or workstations at the end of each day or shift with anti-bacterial wipes
• Use screens between work stations or desks
• First in/Last out team member to clean down door handles and common touch points
• Requesting that all employees take voluntary lateral flow tests at least twice per week
• Measure employees’ temperature daily upon arrival and referring to a lateral flow test if their temperature is high
• Develop a company culture where there is no stigma attached to employees reporting that they feel unwell or under the weather
• If working from home is an option, plan a shift or rota system so that one infection doesn’t impact the whole team
• Encourage vaccinations of course, and also seasonal flu vaccinations, and offer staff paid time-off to get them done

It’s plainly on the Government agenda to resist a return to the placing of restrictions on peoples’ freedoms. For our part, as we learn to live in the presence of Covid-19 it’s incumbent on us all to behave responsibly and protect our families, friends and colleagues. After all, no-one wants to see Christmas cancelled again.

For support or advice on implementing policies and procedures or for anything else HR or Employment Law related, call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.
Call us on 01452 331331 or drop us an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.