One of the peculiarities of the Covid-19 emergency occurring during our current age of digital transformation is something that is widely being referred to as the “Pingdemic”. On the run up to, and following Covid freedom day on the 19th July, there has been a marked resurgence in the number of Covid cases being reported. Consequently there has been an increase in the number of individuals being “Pinged” by NHS Test and Trace and having to self-isolate.

The knock-on effects have been extensively reported in the media and we have seen disruption at airports where teams of ground and border control staff have been required to self-isolate after being contacted by Test and Trace or through the NHS mobile App. There have also been reports of food supply chain disruption as a result of delivery drivers being similarly affected.

Even the Prime Minister and Chancellor were unable to escape the curse of the ping, despite an attempt to include themselves in a pilot scheme which allows certain sector workers to avoid self-isolation provided they test negative for Covid-19 on a daily basis.

At the time of writing, the seven-day average for Covid cases has reached nearly 45,000; a figure last seen around the middle of January this year, shortly after the peak in cases of the disease. Hospital admissions and deaths on the other hand remain comparatively very low and this is of course attributed to the effects of the vaccine, particularly in those who have had both doses.

However, despite the vaccine rollout, even double jabbers are still becoming infected with Covid-19, and some, including one of our own members of staff, have suffered the effects quite significantly. Generally, the effects of covid on the double jabbed seem to be reduced but it remains an offence to fail to self-isolate if you have been instructed to do so by Test and Trace or if you or a household member develop symptoms. The fine for failing to self-isolate also remains, starting at £1000.

The current situation creates new problems for employers.

Self-isolation is classed as sickness absence, and as such those who are self-isolating are entitled to Statutory Sick Pay (SSP) unless the employer enhances this. There is always the work from home option of course but for say, a construction or manufacturing company this simply isn’t viable.

Danger arises when workers who should be self-isolating choose not to and continue to come to work because they don’t want the reduction in wages. This then risks spreading the disease amongst co-workers creating further issues that could manifest within a few days, potentially affecting the entire workforce.

Equally, as co-workers, by definition, will be sharing space, there is a risk that a large proportion of employees are self-isolating at the same time making it impossible to operate a proper functioning business and causing a temporary closure affecting turnover and profits.

Employers need a clearly communicated stance for which we must defer to the Government guidance. Despite the unlocking on the 19th, the rules are still firm for those who:

• Suffer Covid-19 symptoms
• Test positive for Covid-19
• Are in the same household as someone who test positive
• Are contacted by Test and Trace

In short, for any of the above, you must self-isolate for 10 days and get a PCR test is you haven’t already had one. The only exception to self-isolation would be if you suffered the symptoms but returned a negative PCR test. This may be because you have another infection such as flu. Even then, you should only return to work if:

• you are well
• no-one else in your household has symptoms or has tested positive for COVID-19
• you have not been advised to self-isolate by NHS Test and Trace

The NHS have produced an infographic which explains most of the above and can be downloaded https://bit.ly/3ePS1mp and the full details can be found at https://bit.ly/3kNinJv

For those living in England who are forced to self-isolate, there is a £500 Test and Trace Support Payment that can be applied for, the details for which can be found at https://bit.ly/3y2iYLl

To avoid any confusion regarding Test and Trace, references in this article relate to the NHS Test and Trace service and not the NHS mobile app. There is a theory that those contacted through the App alone do not need to self-isolate. Indeed, it’s been reported that some businesses have advised employees to delete the app from their mobile phones to avoid being pinged. It’s a very grey area as, after all, it’s not compulsory to have the app installed and it doesn’t collect any personal data. However, we should all remember that it is our civil duty to act responsibly and help to keep ourselves and one another safe.

Rules regarding self-isolation are due for revue on the 16th August so any policy that you implement may be short-lived. Our advice is to refer to the current Government guidelines to avoid confusion.

If you’d like a more detailed conversation about the content of this article or if you think you have a situation the falls outside of it, call on 01452 331331 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Stage 4 of the Government’s Roadmap out of lockdown plan finally comes into effect, in the main, on "Covid Freedom Day", Monday, 19th July. Controversially perhaps, the decision to unlock has been pressed ahead with, despite a new wave of Covid-19 cases emerging, attributed to the highly contagious Delta variant of the virus.

In England, amongst the restrictions to be lifted, the Government has removed the mandatory requirement to wear face coverings. Instead, it has empowered individuals to make the decision for themselves whether or not to don a mask; recommending their use in enclosed, crowded public spaces, in shops and on public transport.

A number of major supermarkets and other chain stores have already expressed that they will be encouraging customers to wear a mask whilst on their premises and Transport for London has said that they will make mask wearing a condition of travel for passengers. But how do employers stand generally on the issue and can the wearing of a mask in the workplace be made mandatory?

Hopefully, you have already formulated your return-to-work plan in consultation with your employees and have a mutually agreed approach towards the steps to be taken in and around your place of work. This might include:

• a rota system for home-working to keep the numbers in the workplace reduced
• maintaining social distancing measures
• screens between workers
• regular lateral flow testing and temperature checks, and
• the wearing of masks whilst moving around the workplace

Provided your plan has been agreed and acknowledged by your team then you’re unlikely to encounter any issues as employees will be inclined to comply with peer behaviour. But how should you handle any workers who refuse to wear a mask or who use the wearing of masks as an excuse to remain absent from the workplace?

We’ve agreed previously that making vaccinations compulsory for workers is probably difficult to enforce unless you have a strong business case such as working in the care sector or have individuals who have to enter peoples’ homes. For mask-wearing however, we believe that a compulsory order can be made on the grounds of Health and Safety. Employers must carry out a risk assessment to identify the measures necessary to prevent the transmission of coronavirus (COVID-19) in the workplace. This risk assessment may conclude that the use of face coverings in the workplace is necessary.

Just as you would make toe-protector boots or hard-hats compulsory on a building site or in a warehouse to protect the safety of your employees, so too could you insist that mask-wearing was a health and safety requirement. After all, you have a duty of care to your employees and you’ll no doubt have your poster from the Health and Safety Executive (HSE) displayed prominently in your place of work.

The actions that you could take against those who still refuse to wear a mask would therefore be similar to the actions you might take against someone who refuses to wear other health and safety workwear designed to keep individuals and their co-workers safe. This might amount to sending workers home without pay and eventually bringing a disciplinary case for refusing to follow a management instruction.

It’s unlikely that we’ll see an end to recommended mask-wearing any time soon and the practice may be expected for many months, or indeed years, to come, so it’s vital to have a clearly communicated company stance against which employees can be held accountable.

For help and support with writing and implementing policies, we’re just a phone call or e-mail away. Call on 01452 331331 or This email address is being protected from spambots. You need JavaScript enabled to view it.

As of the beginning of July, the Government's Furlough Scheme begins to taper as it is gradually wound up over the coming months. Owen takes a look at what this means for employers and some tips for re-integrating team members back into the workplace.

As the rollout of the Coronavirus vaccine continues at a blistering pace, it won’t be long before the age range of those offered the vaccine begins to include your own employees. With an unapologetic proportion of the population declaring that they do not intend to accept their offer of the vaccine, employers are beginning to wonder what their responsibilities are and will certain action have consequences.

This very point was one of the subjects in our Employment Law Update Breakfast Club this week and we have shared a recording of this part of the session below.

Do you discriminate during your recruitment process? Sometimes a lack of thought or care can mean we unintentionally introduce discrimination whilst recruiting.

This is covered in the Recruitment and Selection module of our Essential HR for Managers course.  Watch this two and a half minute video to see our consultant Owen Lee in action as he discusses indirect discrimination whilst recruiting and test yourself to see whether you pass or get caught out by the typical pitfalls.

Click for more details bout the Essential HR for Managers course or call us on 01452 331331.

After their historic win over Germany this week in the European Cup Finals, the England Football Team’s predicted win over Ukraine at the weekend will mean a midweek semi-final match kicking off at 8.00pm next Wednesday evening; followed by a potential final (!) on Sunday 11th July at 8.00pm. So, is it time to be planning for a rash of short-notice holiday requests and sickness absences as fans nurse their sore heads after either celebrating a momentous victory or drowning their sorrows?

Following England’s first round win over Tunisia in the 2018 World Cup, the media reported that staff absences rose by 36 percent. It’s probably a safe bet then to assume that there will be some disruption to work attendance if England progress through the European tournament. We might also find that, thanks to Covid, we have some additional factors to consider that complicate our absence management.

Employees who fail to attend work claiming to be ill can be at risk of disciplinary action up to and including dismissal if their employer has evidence that they are not actually sick. Of course the employee may well be genuinely sick, albeit that sickness is self-inflicted as a result of drinking too much the night before. So what then?

In agreeing a contract of employment, employees are committing to make themselves available for work at the times laid out within the contract. They must therefore make every effort to present themselves fit for work. Overindulging in alcohol in the evenings to the extent where it compromises attendance and/or timekeeping is clearly breaching the contract and so subjects the employee to an investigation and potentially disciplinary action.

Covid however, has gifted the errant employee a couple of get out clauses. Firstly, there’s “Working from Home”. We might see a lot more of this “scheduled-in” for post-match days where employers are allowing it; although the added productivity that has been widely attributed to WFH may be somewhat lacking on the morning after a match. Short of ringing to check or scheduling an 8.30am Zoom or Teams meeting, it may be hard to quantify whether or not someone is actually working.

The second escape route for hung-over employees is self-isolation. Whilst we’ve all been studiously following the rules around Track & Trace and workplace safety, does anyone actually ask for evidence when a staff member says that they have been pinged by the app and needs to self-isolate? Having spent months in lockdown it’s unlikely that anyone would want to self-impose isolation on themselves if they didn’t have to so we probably don’t feel the need. However, it may be seen to be an opportune excuse for the unscrupulous, hung-over worker.

There may be a temptation to let the odd “sickie” go, and make allowances for the fact that there is a major international sporting competition going on. After all, unless you have a sick-pay scheme, you don’t have to pay an employee for one day of sickness absence. The danger here however is that this sends the wrong message and could be seen as ‘custom and practice’, making it difficult to enforce any action on another occasion.

Even if a sick day isn’t taken, you might need to consider employees turning up for work still under the influence of alcohol, especially if they drive company vehicles.

We would usually point employers to the relevance of having a robust absence policy in place at this point; an obvious starting point in curbing unauthorised absences. Under the circumstances however, perhaps a different approach is more appropriate.

We have already seen a number of employers gift their staff additional time off work to help them recover from so-called Covid burn-out, so there is already a president set for gifting extra time off work. Furthermore, a memorable performance by the England team would be a welcome tonic to bolster national morale after a truly tumultuous year.

So, instead of taking a zero-tolerance approach to unauthorised absence, on this occasion, perhaps there is an option to embrace the problem and develop a strategy that will garner the respect and loyalty of your team. After all, chances are your clients and customers are going to be in a similar situation. What’s more, if England do win, there probably won’t be much work done the next day anyway.

Some ideas to consider might be to:

• Call a company-wide holiday and shut down for the day; enforcing your right, with adequate notice, to dictate when staff take holiday days.
• Offer a flexi-day that allowed staff to start and finish later…
• …or just start later.
• Draw lots, amongst those who request it, to establish who is allowed to take holiday if you are pressed for resources and need to open.

Whatever you do, ensure that you exercise fairness, equality and offer choices to all members of your team. Falling into the trap of assuming it’s just the men that want to go to the pub to watch the football could easily get you into trouble for discrimination.

Finally, don’t forget your duty of care as an employer. If it transpires that alcohol dependency or another underlying health issue exists, you’ll need to take a different approach as there may be a condition that is classed as a disability and therefore subject to treatment under the Equalities Act.

We’re here to help with employee issues like this and others, so if you need any additional support, please get in touch 01452 331331 or by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

The combination of a re-surging economy and the effects of Brexit on the availability of foreign workers has bought recruitment to the top of the problem pile again for UK businesses; particularly in the hospitality and leisure sectors. I read just last week how an award-winning restaurant in Devon re-opened for business following lockdown only to have several members of its previously furloughed staff promptly hand in their notices; presumably to seek better paid work elsewhere.

It seems ironic that our pent-up disposable income and desire to spend it is being stifled by a shortage of staff in the very industries that are fundamentally designed to accept it.

We should not underestimate the likely knock-on effects of these staff shortages and the potential struggles to find talent that is likely to be suffered across all business sectors.

We have discussed in previous posts how important it is for businesses to build a reputation as a good employer in order to recruit and retain the very best employees. Unsurprisingly, the challenges of the last 15 months have made it all but impossible for most organisations to achieve or even attempt this. In contrast, some have still managed to earn a reputation as a bad employer, as demonstrated by the recent story of the alleged toxic work environment at Brewdog.

In order to capitalise on the virulent economic bounce-back that has been forecast by the ONS, business will need to develop a recruitment strategy to attract the best candidates to help them grow. Before defaulting to the traditional temptations for new staff of a competitive salary, health care and generous pension provision, recruiting companies should take note of how the pandemic has changed the recruitment landscape.

For example, now that employees have had a taste of homeworking and so many companies have come under pressure to maintain at least a degree of it, we may find that its absence becomes a deal-breaker for many potential new recruits. As work-life balance and concerns over mental health issues have come to the fore during the pandemic, we may also expect to see more requests for part-time work, so options for job-sharing positions may also need to become part of the recruiting tactics.

Equally, environmental issues are resonating more amongst the population, and these are re-enforced by the Government’s own green agenda. There is already a requirement for larger business to report their greenhouse gas emissions and energy use and it is probably only a matter of time before that is extended to smaller organisations. Being ahead of the curve and making public your environmental policies and strategy is another way to attract the ecologically aware generation of talent.

Employees still want to be assured that they will be invested in and so 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. If you haven’t signed up for one of our workforce planning meetings yet there are a few spaces still available.

Business in Worcestershire, Wiltshire and West of England LEP areas can also take advantage of our own programme of funded leadership training to offer potential employees as an added hook. As well as developing leadership skills, communication, and resilience, it’s like offering an added benefit that need not cost the company anything and generate immediate loyalty.

We’re here to help with all aspects of your recruitment strategy. From policy and contractual changes to accommodate new ways of working, to developing an organisational development plan, to the availability of fully funded and other training. contact us now on 01452 331331 or by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

Although some may say that a global pandemic was due, nobody really saw it coming. If they had, we may have been better prepared with stocks of personal protective equipment and the like. From an economic point of view, it was a fortunate that the Government was relatively creative and decisive in coming up with and furlough scheme so that lockdown could be effectively implemented to save lives.

For most people, being placed onto the furlough scheme actually amounted to a variation of contract. Something that, strictly speaking, should have been preceded by a period of consultation as it was a significant change of terms. Considering the circumstances however, only the pedantic few are likely to create a fuss over consultation not taking place. Furthermore, we can’t really see a Tribunal would upholding a grievance based on these claims should anyone insist on taking matters to the extreme.

We have also seen variations to contracts for the many who began working from home during the pandemic. One of the statutory clauses within a contract of employment is the employee’s place of work. So, strictly speaking, those who now find that their workspace is in their own home, even for just some of the time, have experienced a variation to their contract.

The homeworking issue has two sides however. We know that some businesses are keen to return to a fully manned office but are finding resistance from members of their team who have discovered benefits to home working and are eager to continue the arrangement. For this population, a formal request for flexible working would be the usual course of action, although this can be refused.

Just as we had no idea that the pandemic was on its way, nor do we truly know if and when things will return to something that resembles the way they used to be. It’s common reasoning that some of the changes to our lifestyles, both personal and work related will prove to be permanent. But when will that permanency take hold so that we know we are existing in the so called “new normal”?

Contracts of employment underpin the very concept of Employment Law and provide a set of rules against which both employee and employer can be held to account. During the pandemic, as we have discussed, there has been a degree of elasticity in how these rules have been applied, but this can’t continue indefinitely. Uncertainty in the terms under which someone is employed is highly likely to lead to problems.

We have helped many clients deal with employee issues raised because of an ambiguous clause or term in their contract. So whilst we’ve seen some leniency in enforcement of terms over the last 18 months, companies really should be thinking about how they plan to run their businesses going forward. If the economy sees the growth that’s been forecast, there will be lots of new employees and they need to be signed up to contracts that are fit for purpose and reflect how the business operates.

We’ve always recommended keeping contracts of employment and staff handbooks regularly updated and that message has even greater pertinence now. Since April 2020 employees must be given a contract from day one, so it’s a good idea to have yours prepared in readiness so you’re not putting together a rushed document.

Going forward, we should learn some lessons from the pandemic and plan for the unexpected as much as possible. We don’t know what the next big issue will be, but we can probably make some decisions that pre-empt some potential problems. For example, periods of adverse weather are likely to increase and so keeping a working from home option in the contract may be a good idea. A compulsory vaccination clause, whilst questionable, might at least be worth exploring if it’s relevant to your industry.

The important thing is not to think that your contracts can’t be amended, at least for new employees. They should be relevant and reflective of the current working environment.
We make sure we’re on top of current trends and legislation so f you would like us to review your employment contracts and staff handbooks, or if you need support with any other aspects of HR and Employment Law, please contact us on 01452 331331 or by e-mail on This email address is being protected from spambots. You need JavaScript enabled to view it.

A friend of mine had his night out at the cinema frustrated last week when, despite buying and paying for his ticket in advance, he arrived at the venue, one of a national chain, to find it closed. The manager happened to be leaving the site at the time he arrived and explained that they had been unable to keep to their opening schedule because they couldn’t get staff to agree to come into work.

In a similar vein, there have been numerous stories in the media recently regarding bars and restaurants being uncertain whether they’ll be able open or offer a full service owing to a shortage of waiting and serving staff.

A variety of reasons has been cited for these situations occurring and whilst we might be able to partially point a finger at poor management and planning, the common denominator may be previously unconsidered consequences of the furlough scheme.

When the Governments Return to Work Road Map was announced we posted about the steps that employers should be taking to ensure a smooth return to the workplace. The roadmap laid out a clear timeline that allowed for appropriate steps to be taken. Some of the steps we recommended include:

• Communicating your opening schedule in plenty of time to give staff fair warning
• Planning and sharing rotas and shifts as far in advance as possible
• Holding return to work interviews with team members
• Offering re-familiarisation days
• Communicating and training on your Covid-safe health and safety measures and protocols

If a return to work plan that didn’t include at least some of these points wasn’t implemented, then it may be of little surprise that some employees are reticent to simply let go of the cosy comfort blanket that the furlough scheme has provided over the last 12 months or so. It’s easy to see how being paid to not do very much could form a habit that’s hard to break.

However, if employers have work for their employees to do, then furlough is no longer an option and failure to attend work when requested should be treated as unauthorised absence. It’s not up to employees to decide to be on furlough and continuing to claim and pay furlough where there is work to be done is at best morally reprehensible and at worst, a fraudulent claim of Government grants; something that HMRC is unlikely to be forgiving towards.

The hospitality sector has suffered more than most throughout the coronavirus pandemic. Although we often expect a high staff turnover rate, particularly when work is seasonal, many workers have had to find new jobs outside the industry. With Covid creating an ever-present air of uncertainty, it’s little wonder that workers don’t want to return to the sector and give up the security of furlough that their new jobs will be able to offer should we have to suffer another lockdown.

Exacerbated by the effects of Brexit upon migrant workers, a shortage of staff creates its own problems. Bars and restaurants will be desperate to recoup the deficits of a “lost year” and will want to seize their share of the pent-up spending power of consumers. Risks include taking shortcuts with health and safety measures or allowing/encouraging staff to work beyond their permitted hours without breaks. This may be even more impactful as younger staff members are recruited to fill the void left by those who have moved on.

The Government also wants to see workers returning to offices to re-ignite the use of cafes and coffee shops, thereby bringing associated workers back to the workplace and off furlough. The lasting effects of this situation may be higher pay for employees in the hospitality sector as well as a higher regard for jobs within the industry.

Talk to us to discuss your return-to-work plan, including staff management and policy implementation. We’re available on 01452 331331 or by e-mail on This email address is being protected from spambots. You need JavaScript enabled to view it.

With the Bank of England earlier this month forecasting the biggest economic bounce back since WWII, and the final stages of the lockdown lifting plan remaining intact, despite the Indian Covid variant, it seems that we might actually be on the cusp of an economic resurgence. There might be an element of seeing is believing but we should all remain optimistic at least.

Businesses will be chomping at the bit to re-ignite their growth plans and make up for lost time, but we can’t ignore that the workforce landscape has irrevocably changed. Concerns over skills shortages and increased competition in the skills marketplace that we experienced pre-Covid has been compounded as employees re-evaluate their own work-life balances and longer-term life goals following the pandemic.

Successful and sustainable businesses have a goals-led business strategy that supports the senior leaders in planning the direction of the organisation. It is those businesses with a detailed Workforce Plan, which underpins the operational plan, that are the ones in control of their human resource forecasting enabling them to deliver the overall business and growth objectives.

To maintain a growth plan in the post-Covid world then, it is imperative that companies are in front of their competition when it comes to attracting and retaining “talent”; anticipating workforce needs and being proactive about making the plan happen. Working from home and hybrid workspaces are new concepts for employers to factor in.

Even the very best business plans can only come to fruition if the right people are in the right positions with the right skills at the right time. So effective workforce planning should be seen as a vital business process that aligns the changing organisational needs with the right people resources to deliver the wider business ambition.

When developing an effective workforce plan, we need to consider the different elements that influence it:

• Understanding the skills marketplace now and in the future – We need to ensure talent availability when it’s needed so this means researching University and school leaver rates over coming years as well as having an awareness of what the local community and demographic has to offer. Covid has exposed more organisations to remote working, expanding the potential talent pool to global proportions.
  
  
• An honest assessment of the current business and workforce – An honest and realistic evaluation of existing worker potential and likely attrition rates can be difficult but is necessary. Nobody wants to be seen as a bad employer so understanding why people leave can be a key learning in future recruitment drives.
  
  
• Supply and Demand - One reason employees leave might be that they don’t feel their skills are optimised; a signal that your future skills supply may already exist in your current workforce. But not everyone wants promotion or to move continually upward. Sometimes a sideways move or redeployment can be a way of retaining talent in readiness for an increase in demand.
  
  
• Planning the timeline – A Gannt chart cross referenced to the business plan can be a useful tool here. Being able to predict when your skills needs will arise gives you the opportunity to do something about it. Speak to the local colleges and universities and influence them to run the courses to provide the skills you’ll need in 2, 3 and 5 years. Consider apprenticeship schemes and talk to the local LEP about how they can influence skills.
  
  
• Constant review – Covid has taught us how our plans can be thrown into disarray almost overnight. But it’s also given us a very successful lesson in how quickly we can adapt. Your business plan might constantly shift and change in line with economic influences so your workforce plan must do the same. Don’t be afraid to fail quickly and pivot as necessary.

Our emergence from the pandemic might prove to be a key turning. It’s been widely reported that individuals are choosing to re-skill and this creates an opportunity for business to influence what shape that re-skilling might take. This can’t be achieved however without a workforce plan.

We are running and a series of one-day seminars focussing on Workforce Planning. Sponsored by Worcestershire Council they are free to attend for businesses bases in Worcestershire but readers of this post can receive a 50% discount saving £75 per delegate. Book your place now at https://hrchampions.co.uk/events/category/6 and use the code WFP50

If you would prefer a one to one discussion about workforce planning, then simply get in touch. Call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.