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.

Menopause

The menopause isn’t anything new, it’s been around since at least the dawn of humanity. Very recently however, it has come to the forefront of public attention and ignited a abundance of media and industry coverage. Indeed, Menopause Day was last Monday 18th October.

Just as the taboo of open discussion around Mental Health has dissipated throughout the Covid crisis, it seems that similar barriers or feelings of discomfort about discussing the menopause are also disappearing. A dialogue is now taking place about gaining a better understanding of the menopause and its impact; and in particular its effects in the workplace.

Simply put, the menopause is the cessation of menstrual periods for a period of 12 consecutive months. Hormonal fluctuations are a result of this which cause a number of symptoms associated with the menopause. Most commonly these symptoms are hot flushes, night sweats, difficulty sleeping, forgetfulness and mood swings. Other symptoms exists but there is absolutely no measure of who will experience which symptoms and to what degree.

The menopause usually occurs in women between the ages of 45 and 55, with the average age of those experiencing it in the UK being 51. It’s clear to see then that there is potential for a large number of workers to be going through it at any one time.

For those who experience symptoms more severely, there can be some significant effects that lead to loss of confidence and feelings of depression and anxiety. There’s a real benefit then in more employers recognising the need to understand the menopause more, and how offering support to team members will help to retain valuable team members.

Creating an open culture where individuals feel comfortable to say that they are struggling with symptoms with out fear of reprisal or being treated differently should be a goal of all employers. We know that, whilst not accurately definable, the menopause is only temporary and so some flexible working initiatives could be initiated that support employees during the time they are affected. For example, temporarily reducing the workload or a temporary change of roles and responsibilities.

Of course, a professional, confidential, and sensitive approach from your management team goes without saying.

Whilst we’ve spoken here predominantly about the impact of the menopause on women, we should also remember that partners may be indirectly affected. It’s not uncommon for symptoms to create stresses and strains on relationships which may in turn affect the performance of staff members who are not experiencing the menopause themselves.

That said, the male equivalent, the andropause, is also gaining wider recognition and transgender individuals are equally likely to experience symptoms.

As we’ve already said, there is a wealth of information currently available, on the Internet and in the media so it’s easy to be overwhelmed and not know where or how to start. To help, we’ve compiled this short list of quick wins so that you can take steps and easily implement some measures to help you create that inclusive and open culture:

1. Have a practical and inclusive menopause policy for your business. You can download one from our website here. There’s also a detailed fact sheet.
2. Ensure your managers understand your policy and are trained and confident to have sensitive and confidential conversations.
3. Consider a wellbeing or menopause champion. Someone that can be spoken to in confidence.
4. Raise awareness of the menopause across the business. This might be simply highlighting articles like this one.
5. Some simple and inexpensive reasonable adjustments can be made for individuals who may be experiencing symptoms. Think desk fans, sited near a window and close to toilets and cold drinking water.
6. Remind staff of what’s included in your employee assistance programmes. For example, taking advantage of 24/7 GP appointments or counselling services.

As usual we’re here to help and advise on this topic and anything else regarding HR and Employment Law. 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.

Earlier this year we held a series of seminars with the theme Workforce Planning. Despite the events being free to attend, uptake of places on the seminars would probably best be described as moderate.

Over the past few weeks, we have witnessed uproar over the lack of HGV drivers in the country, culminating in fuel shortages and some violent confrontations amongst people queueing for petrol and diesel at garage forecourts. Just this week, some farmers have warned that livestock won’t make it to supermarket shelves owing to a lack of butchers.

Prior to that, we saw reports of businesses in the hospitality and care sectors struggling to recruit staff, with some care homes handing out “golden hellos” in an effort to encourage workers to join them.

Whilst many have been quick to point the finger of blame on these shortages on the usual suspects such as Brexit, some responsibility must be taken by the industries and businesses themselves for their failure to plan their workforces. Brexit, with a helping hand from Covid, may very well have been behind an exodus of cheap labour but it’s the failure to plan that has left us in the position we now find ourselves in.

Did any of those employers of foreign workers even ask their employees what they planned to do should the UK leave the EU? If they had, perhaps they could have done something about it. Let’s face it, the Brexit vote was over five years ago in June 2016. That ought to be long enough to implement some workforce planning; to at least make an educated guess as to what your skills shortages will be a few years down the line.

Concerns over skills shortages and increased competition in the skills marketplace had become apparent before Covid took hold. The effects of the pandemic have intensified the issues as some employees re-evaluate their own work-life balances and longer-term life goals, leading to many changing career paths or reducing the hours that they work.

In an ideal world, we should be talking about workforce planning in terms of sustainable business goals and a growth strategy. In the current climate however, it may be more appropriate to talk about it as a survival plan.

Where competition between business is usually about market share, today it seems it’s more about talent acquisition and retention. Anticipating the organisation’s workforce needs and having a proactive recruitment plan is only part of the battle. Now, working from home and hybrid workspaces are new concepts for employers to factor in, as is the corporate approach to sustainability.

Effective workforce planning should now more than ever be seen as a vital business process that aligns the changing organisational needs with the right people resources, incorporating appropriate training plans, to deliver the wider business ambition.

The concept of workforce planning may have shifted to a more short term contingency for some industries but we shouldn’t overlook the broader theory if we’re to avoid more businesses struggling to recruit in the future.

• Understand the skills marketplace now and in the future. – Know what the local community and demographic has to offer and question how political and social trends might affect skills availability . Can remote workers fill some of the gap thereby 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. Understand why people leave or why they may leave in the future.
• Supply and Demand - Employees might leave if they don’t feel their skills are optimised; a signal that your future skills supply may already exist in your current workforce. Sometimes a sideways move or redeployment can be a way of retaining talent in readiness for an increase in demand.
• Planning the timeline – 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 – We’re currently seeing a shortage that should have been predictable but some plans can be thrown into disarray almost overnight. 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.

As we’ve said already, some individuals are choosing to re-skill post Covid 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.

If you would be interested in attending a Workforce Planning Seminar later this year then please drop us an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. to let us know. If we get enough interest we’ll schedule one in.

In the meantime, if you require any help and support with your current planning, recruitment or other people issues, 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.

The UK suffered quite a deluge of rainfall over the past week, thankfully without reports of any significant flooding. However, the change in the weather is a reminder to make sure we have effective and appropriate policies in place to manage adverse weather, especially as climate change threatens an increase in severe weather events.

We’ve covered the subject before, but it never hurts to have a reminder of the rules regarding adverse weather for businesses. So;

When a business is unable to open owing to adverse weather, but employees still make themselves available for work, then they should still be paid, as they are fulfilling, or attempting to fulfil, their duties under their contract of employment.

Conversely, should your business remain open during adverse weather, but your employees are unable or unwilling to get to work, then there is no obligation to pay them.

Whilst these are the hard and fast rules, if nothing else, Covid has taught us to be flexible and apply some common sense and leniency. Certainly, for the sake of employee relations and maintaining morale and goodwill within your organisation, we would always advise discretion and compromise; particularly for smaller businesses.

Since Covid, a great many employees now work at least partially from home. When roads and transport are disrupted by the weather then, the option not to make the journey in is the obvious choice. So, we’d probably expect our employees to carry on working from home even if the business is unable to open. But if the business isn’t open, are they obliged to work?

It’s difficult to make an overarching call on this as there will likely be very many differing situations, but, it’s another good reason to formalise any new working arrangements that have been agreed with your employees. Quite probably, new terms and a new contract of employment are in order if not already organised.

For many businesses of course, working from home isn’t an option and adverse weather can have dramatic consequences. For a shop, restaurant, factory or warehouse, the effects are likely be significant. As we’ve seen throughout lockdown, the financial implications alone of not being able to open and trade are extremely damaging, and that’s without damage caused by flooding.

For some businesses, adverse weather may make it too dangerous for employees to be working; roof-workers in icy conditions for example. Here, a “lay-off” clause might be an appropriate solution. Something that was top of the agenda after Covid struck before the Government stepped in with the furlough scheme.

It will save a lot of time and uncertainty if your employees are clear and confident about what they should do and what is expected of them should adverse weather strike. We strongly recommend that all employers have a robust Adverse Weather Policy in place that clearly lays out how the organisation will act in cases of adverse weather and how its employees should behave. It should lay out the options available to employees and should also include how employees pay might be affected.

Whether you are implementing a new adverse weather policy or you’ve had one in place for a while, this is a good time of year to talk to your staff about what it says and what it means to them.

If you don’t already have an adverse weather policy or yours needs updating, perhaps because of how Covid has changed your working practices, we recommend that you take the appropriate action. We can’t do anything about the weather, but as businesses we can be prepared to manage what we do about it when it turns bad.

If you would like further help or advice regarding a review of any of your policies, contracts or documentation, or indeed anything else related to HR and Employment Law, just 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.

As a parent, or as someone who plans or aspires to be a parent, do you want your children to have a better, more enriching childhood than the one that you experienced? To be more comfortable, achieve more and be more fulfilled?

Or do you want them to undergo the pains and discomforts that you had to go through? To suffer any hardships that you endured or to have to find out things for themselves and learn the hard way like you had to?

I’m guessing it’s the former.

Now, assuming your role has some management or leadership responsibilities, do you apply the same principles to those under your direction? Do you want your direct reports to benefit from your experiences of the industry, company and job role so that they can perform better and achieve more? Or, do you think that they should have to learn things the hard way, like you had to?

A phrase I’m fond of using is, “Your best salesman will become your worst sales manager.” By that, I mean that somebody having a clear ability in a particular role is no guarantee that they have the requisite skills to lead or manage others doing that role. When individuals are promoted into a supervisory or management position, it is often overlooked that a completely new set of skills is required for that person to manage others.

In the economic climate that we’re currently experiencing, where the balance of power has shifted towards the employee, the “It’s my way or the highway!” mantra simply will not cut it. With over a million vacancies in the UK, employees have plenty of choice and if their job isn’t ticking all of the boxes then the ‘highway’ can look like an easy option.

That’s not to say that employees get to pick and choose their own responsibilities or every last detail of their jobs. We should however, ensure that the position, including relevant and adequate training and supervision, meets a reasonable level of expectation.

Recruitment can be an expensive process, so having a high turnover of staff and almost perpetual recruitment will take a toll on both the company balance sheet and on the time and availability of those engaged in the recruitment process. It also can also lead to a poor reputation as an employer.

For many organisations, there is little excuse for not having suitably trained managers and supervisors in place. You’ll already know that we offer fully funded Leadership and Management training across a wide area. And for those businesses where funding isn’t available, the modest cost involved should be considered an investment that will easily and quickly be recouped in reduced staff turnover and greater productivity.

New recruits and those moving jobs internally should also have a comprehensive induction and training plan that is regularly reviewed and where necessary, modified to ensure the employee is either staying on track or adequately challenged. Having clearly defined tasks is crucial in order to give direction and celebrating small wins will improve confidence, aid retention and nurture a desire to grow and improve.

We have leadership and management training courses for all levels scheduled until the end of the year and if you require something bespoke, then just ask, we have a wealth of material across a range of topics from which to develop a tailored training plan for you. Equally, we can help you develop your induction plan and support with staff reviews and one-to-one meetings. Call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

We’ve seen an increase in enquiries lately relating to holiday calculations and specifically, changes to holidays for existing staff part-way through the holiday year. This appears to have been brought about as current conditions have led to employees changing their working terms and therefore their contracts of employment.

We have seen a number of reductions in working days and hours as employees choose to cut their working week under flexible working requests. But equally we have also seen some increases in contracted hours as the current shortage of workers and the glut of job vacancies means that existing staff are asked to work more hours to cover vacancies that can’t be filled.

Either way, holidays are a statutory right and a change to contractual hours means a change to holiday entitlement.

It’s important to get the calculation right and we would usually default to the online .Gov holiday calculator when calculating holiday as, should there be any disagreements, it would be difficult to argue with what the Government have told you. However, the calculator doesn’t always have options for every scenario so sometimes it’s down to a manual calculation.

There are a couple of ways that we can describe statutory holiday entitlement in a contract of employment. Based on a full-time employee it could be either:

• 20 days holiday plus 8 days public/bank holiday
  Or
• 28 days (5.6 weeks) including public/bank holidays

Our preference is to use the latter option as more jobs these days, especially in hospitality and retail, include working on bank holidays and employees who are contracted to work them should be entitled to the equivalent time off in lieu. It also makes calculating part-time workers’ holiday much easier.

For part-time workers, holiday should be determined using a pro rata calculation based on the full time equivalent hours of an employee; but it doesn’t have to get terribly complicated.

For example, a part time worker, or someone who is reducing their hours from 5 days per week to 3 days, simply has their holiday adjusted by 40% or two fifths. So, someone who would normally be entitled to 28 days including bank holidays, would get 16.8 days which we would round up to 17 days.

For an employee who works part time hours but for five days per week, it’s even easier to calculate as they would still be awarded 28 days holiday. This is because for any day they take off they will only effectively be taking holiday for the time they would usually work. In other words, for someone who works 9.00am to 2.00pm Monday to Friday, any days holiday they take will effectively be for those hours; so one day’s holiday is still only 9.00am to 2.00pm.

Obviously, it’s going to get more complicated if an employee works different hours on different days but the principle is still the same.

Don’t forget that if you give holiday above statutory, you need to add these days in and calculate in the same way and when the calculation produces a fraction of a day you should always round up.

Finally, just to throw a spanner in the works, next year, 2022 will be the Queen’s Diamond Jubilee and an extra public holiday has been declared. The May Bank Holiday will be moved to Thursday 2 June and an additional Bank Holiday will be added on Friday 3 June to give a four-day weekend.

For help on individual holiday calculations, you can call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

You don’t need us to tell you that the view of the Employment Law landscape has shifted as a result of the Covid pandemic and Brexit. We must therefore maintain a watchful on eye on how any new issues that are presented are dealt with by Tribunals and the Courts.

This week we’re looking at three such issues, and whilst it can sometimes take years to reach a final outcome, we can use our experience to give an indication as to which way those decisions might fall and the potential impact for employers.

Long-Covid as a disability: Because it is such a new disease, it’s impossible to tell what the long-term effects of Covid might be. Since shortly after the outset, there have been plenty of reports of individuals suffering from longer term effects, apparently bought on by a Covid infection and commonly referred to as Long-Covid. There is a long list of these extended symptoms and reports are well documented. They include a loss of sense of taste and smell, joint pain, dizziness and nausea, and more seriously, heart palpitations, shortness of breath, memory and concentration problems and depression.

A disability is classed as “a physical or mental impairment that has a substantial and long-term negative effect on a person’s ability to do normal everyday activities”. A rule of thumb for long-term in this instance is twelve months and whilst most people recover within twelve weeks, there are reports of symptoms of Long-Covid lasting for much longer periods of time.

We’re yet to hear of an individual claiming that they have been treated unfairly and discriminated against because they are suffering from Long-Covid, but we think it’s only a matter of time. The TUC has, after all, called upon the Government to list Long Covid as a disability.

Most symptoms are not outwardly obvious and can be attributed to other illnesses so a problem for health professionals, and consequently employers, will be diagnosis. However, we don’t want to be the first to end up in court so until more is understood about the disease, we should take cases of Long-Covid seriously and engage with an Occupational Health specialist where appropriate. They will be able to translate any symptoms into a work context and make recommendations for reasonable adjustments the employer can make.

Mandatory Vaccinations: Currently, this is only an issue that is affecting people who work in care homes but there will likely be occasions where it spills over to some related industries so it’s worth taking note.

The Government is implementing legislation that will make the registered persons of all Care Quality Commission (CQC) registered care homes, responsible for ensuring that, from November 11th, no-one enters their indoor premises who has not been fully vaccinated. In other words, barring a very few exceptions, anyone who works in a care home must be fully vaccinated. This will, of course, include carers, but also anyone else who works on site including kitchen, cleaning and admin staff.

Moreover, because of the date that the legislation is due to be enforced, the latest day for people working in care homes to get their first jab is Thursday 16th September.

This isn’t quite “no jab, no job” but it’s verging on it. Certainly, anyone who works in a care home and isn’t vaccinated is going to struggle to justify why not unless they’re covered under a recognised exemption. Whether or not it’s possible to dismiss a care home employee because they aren’t vaccinated is still up for debate and some less ambiguous guidance from Government would be very useful here.

Currently, someone who has to visit a care home on an emergency basis, such as an emergency plumber, doesn’t have to be fully vaccinated. If on the other hand, you are contracted to a care home, to deliver food or medicines for example, you may find your contract up for review if you are unable send someone who can prove that they are vaccinated to make the deliveries.

Recruiting from Abroad: Not a direct result of Covid but certainly affected by the exodus of foreign workers during the pandemic and then compounded by the new Brexit rules, the restrictions on recruiting foreign workers are having a real impact on businesses. The HGV driver shortage has been the main story in the news but other industries, and hospitality in particular, are being affected by an inability to recruit workers. For most, recruiting from abroad is no longer an option.

Since Brexit on 1st Jan, companies need to follow UK government procedure on recruiting from abroad unless it is for Irish citizens or EU nationals that have Settled or Pre-settled status in the UK.
The process is not easy and full details can be found at: https://www.gov.uk/guidance/recruiting-people-from-outside-the-uk To stand any chance, the roles that you are recruiting for will need to fall within a government defined skill shortage area and at the time of writing, hospitality workers aren’t on the list. Indeed, the transport industry is lobbying Government to have HGV drivers added.

A top level summary of the steps organisations need to take are:

• The recruiting organisation must apply for a granted a sponsor licence
• Recruits must speak English at the required level
• The job offer is at the required skill level of RQF3 or above (equivalent to A level)
• Recruits will be paid at least £25,600 or the ‘going rate’ for the job offer, whichever is higher
• There terms of the points-based system, allowing trade between qualifications and salary etc. are met

Worst case outcome from this issue is that we will see businesses close because they can’t fill vacancies. But what we are also likely to see is pay and benefits packages in some industries improving dramatically in order to attract workers. Working environment and company culture are going to play a huge part in this and we are likely to see more worker-led terms of employment; as we discussed in the blog a couple of weeks ago. Employers will need to think creatively and higher wage costs will inevitably be reflected in higher prices.

You can rely on HR Champions to be on top of current news and thinking so keep an eye on our website for news and updates that affect businesses and employers. If you need direct support or training we’re here to help. Call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

After being extended to October 2020 and then to April 2021, the Coronavirus Job Retention Scheme, or Furlough Scheme, is finally due to conclude at the end of September. As of July, ONS figures show that less than 8% of employees remained on furlough for most regions in England and Wales, and for many regions the figure was less than 5%.

This still means however that at least one in every 20 employees remains on furlough in England and Wales and amounts to many hundreds of thousands of workers across the country. As the scheme winds up, we’re heading toward crunch time for decisions to be made about these workers and their return to work, or otherwise.

Furlough was always intended to support those workers for whom there was not enough or no work to sustain their job because of the effects of the pandemic. At the time of writing the closure of the scheme is just a few weeks away so employers should already have a reasonably accurate idea as to whether or not business is going to pick up enough to bring furloughed works back into the business.

The available options for what employers can do with furloughed workers are fairly straightforward:

• Bring them back to work under the same terms and conditions as before furlough
• Bring them back under new terms
• Dismiss, if less than two years’ service
• Make them redundant

With the exception of a few industries that rely on the business generated by schools, colleges and Universities operating as normal, we should probably question why workers haven’t already been brough back to their old jobs if it is cost effective to do so.

If a change of terms is required to make it cost effective for workers to resume, such as reduced hours, reduced pay or both, then conversations should have already taken place as a change of terms usually requires a period of consultation. There is the fire and rehire option of course but this is quite a drastic measure that comes loaded with risk and should only ever be used as a last resort.

If there isn’t enough work for the worker to come back to and they have been employed for less than two years, then normally, they can simply be let go. However, remember to factor in notice periods and realistically, is this likely to be an option for anyone who has gone through 19 months of furlough?

Finally, there is the redundancy option. Again, if this is likely to be the outcome then employers should already be engaging in conversation with employees and starting the required consultation period. If redundancy is the plan, then are those who at risk in a pool of one, a few or many?

Imagine a call centre say that has 10 agents of equal standing, eight are at work and two remain furloughed. If at the end of September there is only enough work to sustain the eight working operators and two redundancies are required, then all 10 staff members must be put at risk and a selection process undertaken. Simply making the two furloughed staff members redundant is laden with risk.

Employers, take note; the end of furlough is not a fair reason for dismissal. A proper process needs to be executed, and one that will probably incorporate some form of consultation.

There has been some commentary in the media that employees who have been furloughed for a long period of time may need to undertake some re-training on their job function and/or re-integration back to the workplace. Making use of the flexible furlough option is a great solution for manging this.

With so many employees remaining on furlough we may be heading for something of a crunch-point on October 1st.

The key point is to make sure you have communicated with your furloughed employees in plenty of time of the scheme ending at the end of the month. Explain what your expectations are and the potential and probably next steps following furlough.

Don’t overlook that you may have individuals who have underlying health issues or mental health issues, possibly exacerbated by their time away from the workplace, who don’t want to come back to work. If you are confident you have made your work environment a safe place then hold a meeting and listen to their concerns. Agree a return plan and discuss any adjustments you can make. If necessary, consider a referral to an Occupational Health specialist. Dismissal may become an option if all other routes have been exhausted.

For support and advice with any of the issues raised here, call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.