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The recent proposal to revamp how holiday pay is calculated for irregular part-time workers in the UK reveals a chink of common sense at last in the way Government thinks about legislation. The need for reform arose following the 2019 case of Harpur Trust v Brazel which resulted in a ruling that workers on part-year contracts with irregular hours must receive the full statutory minimum 5.6 weeks’ paid holiday entitlement per year.

Without boring you with the detail, the result was that part-time workers with irregular working patterns would be entitled to proportionately more paid holiday than permanent full-time staff or part-time staff who worked regular hours. Clearly a nonsensical, and at face, unfair arrangement. But one that the Supreme Court ruled was just, in July 2022.

The blatant unfairness of the court ruling spurred the Government into action, and now, 18 months on, legislation to rectify the situation is on the verge of being implemented. For holiday years commencing after April 1 2024, employers will be able to “roll-up” holiday pay for irregular workers into their hourly rate.

The roll-up method of calculating holiday pay used to be fairly common practice. It’s an easy and workable solutions and makes sense because if an employee doesn’t want to do work for you for a period of time because they are going away or because they just want a break, then they just have to say no thanks and they don’t work. Their holiday pay has already been paid.

The calculation for rolled-up pay is simply to increase workers’ pay by 12.07%; assuming a statutory holiday allowance. So effectively, every time an employee does any work, the employer is simply adding in their holiday pay at that time.

The 12.07% rule is a straightforward and simple solution, but because of the Supreme Court ruling, businesses have been left in doubt, and we’ve had an obligation to advise organisations on the correct legal calculation to make sure they would be on the right side of any tribunal cases should they arise.

There has been not insignificant opposition to the implementation of the legislative changes. The most pressing of concerns is the potential for workers to lose track of their actual holiday entitlement. With pay rolled up into their regular wages, there's a risk that workers might not take the leave they're entitled to, leading to burnout and a work-life imbalance. This concern is particularly relevant in sectors where part-time and irregular work is common, like retail or hospitality.

There is also a fear that workers will deliberately forgo their holiday entitlement as they see more benefit in earning an enhanced wage than taking their holiday. However, under the Working Time Directive, there is a legal responsibility for employers to ensure their workers are taking the requisite amount of leave, as failing to do so could lead to legal challenges.

Clearly the changes will require employers to educate their staff about how their holiday pay is being calculated and integrated into their regular wages, and the necessity for staff to take their holidays for both legal and wellbeing reasons.

Whilst the change seems a relatively small one, we should not undersell some significant implications. We mustn’t, for example, lose sight of the need for ongoing dialogue and education to ensure that the rights and wellbeing of workers are safeguarded, while also supporting the operational needs of employers.

As with any major policy shift, its success will largely depend on its implementation and the collaborative efforts of all stakeholders involved. If you have any questions or queries regarding this or any other HR or Employment Law issue, we’re here to help as usual on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it. 

  

Last week we discussed the Great UK Post Office Scandal. We outlined that recognising the importance of knowing where the buck stops minimises an escalation of business issues. For business directors and HR professionals, ensuring that their managers are accountable is not just a matter of good practice but a strategic must.


The Post Office Scandal demonstrates that a lack of accountability impacts the integrity of a business and damages employee engagement.


Accountable managers are essential for driving organisational performance. When managers take responsibility for their actions and decisions, it fosters a culture of efficiency and effectiveness, ultimately contributing to the achievement of strategic goals.
Moreover, employees are more likely to be motivated and engaged when they witness a commitment to accountability from their managers.


Accountable managers act as a crucial line of defence against potential business risks. By being responsible for their areas of oversight, they can identify and address issues before they escalate, protecting the organisation from financial, operational, and reputational harm.


For business directors and HR professionals, it is worth asking yourself the following questions:


Do managers clearly define and communicate expectations?
Effective communication of expectations is fundamental to managerial accountability. Business leaders should assess whether their managers provide clear guidelines and expectations to their teams, fostering a shared understanding of goals and responsibilities.


Do managers take ownership of mistakes and learn from them?
Accountable managers acknowledge mistakes, take responsibility, and learn from them. Business leaders should reflect on whether their managers embrace a culture that values learning and growth over blame.


Is there a culture of accountability throughout the organisation?
Accountability should permeate the entire organisation. Leaders should assess whether their managers actively promote and reinforce a culture of accountability, both within their teams and across the organisation. At the same time, they should address how they demonstrate accountability.


Are performance metrics aligned with organisational goals?
Business leaders should ensure that managers set and measure performance metrics that align with broader organisational objectives. To know this, organisational goals should be communicated across the business. This alignment reinforces the strategic direction of the company and ensures that individual and team efforts contribute to overarching goals.


It’s important that managers should know where the buck stops with them. That comes with being a confident and effective manager.


Our ILM Level 3 Leadership and Management course is the ideal opportunity for managers to learn these fundamental skills. The course shines a light on management communication, understanding leadership and performance management. Equally, we have put together a one day workshop called ‘The Developing Manager’ which focusses on building manager’s confidence to manage the team’s performance.


Call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it. to book your places.

We originally discussed the Great UK Post Office Scandal on our blog nearly 2 years ago. The recent television dramatisation has now bought the issue to the fore and it’s been the main story in the media for the past two weeks and questioned many judicial practices. The scandal stands as a stark reminder of the catastrophic consequences of leadership failure.

The scandal, which wrongfully accused numerous postmasters of theft and fraud, has exposed deep flaws in senior management and leadership practices within the Post Office. This episode not only reflects a miscarriage of justice but also highlights how ignoring typical HR protocols can escalate issues to disastrous levels.

At the heart of the Horizon scandal was the Post Office's unwavering trust in its flawed computer system. Despite numerous reports from postmasters about discrepancies, the management’s response was marked by a lack of openness and a refusal to investigate the system's accuracy. This failure in leadership, characterised by a rigid adherence to faulty technology over human input, starkly contrasts with what we would consider as best practice HR policies, which underscore the importance of listening to employees and validating their concerns.

In a standard HR framework, when an employee raises an issue, it is promptly and thoroughly investigated. This approach not only helps in resolving the issue but also in maintaining trust and morale within the workforce. The Post Office's senior management, however, dismissed the postmasters’ claims, leading to unjust prosecutions. This action, or rather inaction, represents a severe deviation from the ethos that we recommend of transparent and responsive management.

Furthermore, the Post Office's leadership failed to adhere to another key principle of effective leadership & management: accountability. In many UK organizations, leaders are expected to take responsibility for their decisions, especially when these decisions lead to negative outcomes; a case of knowing where the buck stops. In the case of the Horizon system, there was a noticeable lack of accountability from the senior management, which allowed the issue to spiral into a scandal of historic proportions.

The psychological impact on the accused postmasters cannot be overstated. Many faced financial ruin, imprisonment, and severe mental health issues, while the Post Office leadership remained, until now, largely insulated from the consequences of their decisions. This situation highlights the importance of ethical leadership and the need for checks and balances within any organisation.

The Post Office/Horizon scandal is not just a tale of technological failure but a glaring example of leadership inadequacy. It underscores the necessity for organisations to foster a culture where employee voices are heard and acted upon, where accountability is a cornerstone of leadership, and where issues are addressed promptly and transparently.

For HR professionals and business leaders, this scandal serves as a cautionary tale, reminding us of the far-reaching impact our actions and inactions can have on individuals and the broader community.

Basic leadership knowledge and skills is too aften inherited from existing poor leaders. This is inexcusable when strong and recognised leadership practices can be taught. We’ve been doing it for years. Why nor contact us for an assessment of your current leadership requirements and a discussion about implementing an effective training plan to address any shortcomings in your own business. After all, no-one wants to be at the centre of the next big scandal. Call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it. 

As if by magic, we have also recently released our re-vamped investigation skills training. If you're in any doubt about how a proper investigation should be run, this course is for you.

  

Achieving and maintaining a high performing team is challenging. A confident manager is key to unlocking the potential of an exceptional team and elevating individual managerial performance. Our training instils the self-assurance needed to navigate the complexities of team management and drive success. The training goes beyond theoretical concepts and delves into practical exercises that help managers explore their own strengths and development areas as well as identifying the needs of the team and coaching them to be their best. A step up from our First Time Manager course, this training will enhance the manager's confidence to effectively create and lead teams. 

Go beyond management theory by learning the 'how' of leading

Who should attend?

This one-day course is suitable for new managers as well as managers who want to enhance their confidence in improving the team's performance. Learn how to be an effective manager. This course is the perfect step up from our First Time Manager course. 

Next course dates:

10th September 2024 9am to 5pm on Zoom BOOK NOW

Course Content

  • Module 1 - Flexing leadership styles to suit individual needs and situations
  • Module 2 - Managing Performance: Setting tasks, objectives and providing feedback 
  • Module 3 - Managing Performance: Holding challenging conversations
  • Module 4 - Coaching interventions: how to hold and benefit from coaching in the workplace 

  

Benefits to the Business Benefits to the Delegate
Create high performing teams thanks to effective managers Know how to adapt your style to suit the needs of your team
Retain your top talent with insightful training and managers managing well Develop confidence to initiate difficult conversations 
Create a harmonised work environment thanks to early intervention from managers Manage poor performance early and prevent an escalation of issues
Managers understand their employees' needs creating engaged employees Feel capable to identify performance issues and coach the employee on the solution 

 

To find out more about this course or to book on, just get in touch

As we prepare to turn the page on another year, it's customarily an opportune time for internal reflection. Looking back on 2023, our experience of the challenges faced by UK businesses mirror the ones we have seen throughout the 23 years of HR Champions’ existence. Namely attracting and retaining good staff and maintaining an engaged and healthy workforce that demonstrates positive behaviours and attitudes.

It’s easy to question and often blame various external factors when issues arise. This year for example we could point the finger at the aftermath of Covid and the Cost of Living Crisis. However, a critical, introspective question remains: As a business owner, senior manager or leader, are you the problem?

The success and prosperity of a business hinges not only on strategies and goals but significantly on its culture. The culture of a business is the embodiment of its values, beliefs, and behaviours, and it is profoundly influenced by its leaders. Often unknowingly, leaders can be at the very heart of issues in their organisations.

Consider the impact of leadership style on employee morale and retention. Leadership that lacks empathy, transparency, or fails to empower and trust employees can engender a disengaged workforce. Various business reports return similar statistics. Disengaged employees have a 37% higher absenteeism rate, 18% lower productivity, and 15% lower profitability. Thus, a leader's inability to foster a supportive and inclusive environment can directly affect staff retention and productivity.

Leaders set the tone for the organisation. If they exhibit traits like micromanagement, lack of recognition, or poor communication, it can trickle down through the ranks, generating widespread negativity and poor morale. Worse still is when leaders consider themselves above the standards of behaviour they expect from their employees. ‘Do as I say not as I do’, as the saying goes. This behaviour will only generate an environment that is galaxies away from one that is conducive to retaining talent or inspiring positive employee behaviour.

Reflecting on personal shortcomings is not a sign of weakness but of strength. It involves acknowledging areas like poor communication, self awareness of your biases or what holds you back, failure to provide clear direction or not recognising employee achievements. These are not mere oversights but potential root causes of deeper organisational issues.

Self-reflection doesn’t necessarily need to conclude with self-reproach. Instead, it should be a platform for change. As we approach the new year, leaders should resolve to develop a more empathetic leadership style that incorporates self-awareness and accountability, fosters open communication, and creates a culture of recognition and empowerment. This shift can dramatically transform the workplace atmosphere, boosting the morale and productivity of the existing workforce and making it more conducive to attracting and retaining top talent.

There’s no silver bullet for generating a positive culture it’s not a solo endeavour. It requires leaders to engage with their teams, seek feedback, and be willing to implement changes based on that feedback. It's a continuous process of learning and adaptation. You must strive to understand your people; their ideas and aspirations, motivators and challenges. Both in the workplace and on a personal level.

Knowing how to do this isn’t a given. You may require some training to know what to look for and how to build a strategy to implement change.

So, as we reflect on the past year and look ahead, we challenge business leaders to take a good long introspective look at themselves and ask, "Am I the problem?". The answer might not always be comfortable, but it’s a necessary step towards creating a positive and thriving business culture. By acknowledging and addressing their shortcomings, leaders can give themselves the opportunity to improve themselves, thus paving the way for a more engaged, productive, and loyal workforce. As we welcome the new year, let it be with a renewed commitment to leadership that fosters a culture of growth, respect, and positivity.

We’re here to help. You can call us for a direct conversation on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it. We’re also running a number of free webinars and events during 2024 designed to motivate and inspire businesses into positive action. Keep an eye on our events page and look out for our weekly email updates.

  

This year we have heard many buzzwords when it comes to workplace training from AI to gamification. But what has been consistent this year is the need for effective people managers within the workplace. Having effective people managers in businesses improves morale, reduces turnover and creates high employee engagement.


As 2023 is drawing to a close, we had a look at our top three training courses this year and what that means for 2024.


Accidental Managers
Accidental managers might have a negative connotation however it simply refers to our ‘First Time Manager course. That is, an employee who is excellent at their day job and receives a promotion to management. However, this new role requires a completely different skillset. Without training, the employer is setting up this first-time manager for failure.


Managers have a direct impact on the employee’s experience within the workplace. Ineffective management can lead to low productivity, high turnover and low employee engagement. This year, this sentiment resonated with lots of employers and businesses.

If you want to combat ‘accidental managers’ in 2024, you can still book your managers on to our January course. Click here to find out more. Our December course is now full.


Mental Health in the Workplace: Manager Skills
Managing employees’ mental health not only falls within the employer’s duty of care but is also a strategic advantage. Having mentally healthy employees ensures productive teams.

Managers play a crucial role in fostering a supportive and mentally healthy environment.
This course doesn’t create mental health professionals of managers but allows them to recognise early signs of poor mental health within the team, pro-actively pre-empt a mental health situation by facilitating an open culture around mental health and know how to effectively manage performance when an employee is suffering from poor mental health.


This trend won’t end in 2023. The conversation around poor mental health will and should continue. You can find out more about this course by clicking here.


Leadership and Management accredited by the ILM
Our ILM qualifications remained popular in 2023. These courses support aspiring, new and senior leaders to manage effectively and create high performing teams.

Over the pass few years, we have seen rapid changes in working patterns and employee expectations. Leadership and management training has supported businesses to adapt to these changes, create inclusive environments and foster innovation even in difficult circumstances.


Upskilling managers with an internationally recognised qualification creates confident people managers which allows for successful teams and high employee engagement. Moreover, the business can create effective succession plans so that they are always one step ahead.
Your people are your best asset to your business.

We have scheduled our dates for ILM courses in 2024. Find out more here.

In 2024, retaining and finding your best talent starts with creating effective managers who will foster a positive workplace environment.


So how will you build effective people managers in 2024? You can start with our Black Friday deal which ends on the 22nd December. This deal gives you 50% off ILM training. Get in touch by calling 01452 331331 or emailing This email address is being protected from spambots. You need JavaScript enabled to view it..

As the last few Christmases have been affected in one way or another by Covid, there hasn’t been much need to write about employer and employee duties and responsibilities during workplace seasonal festivities. Even last year, the legacy of restrictions and the ongoing risk of infection kept things relatively tame.

This year however is the first completely unfettered Christmas for some years, and the workplace party is fully back on the agenda. For those of us who have experienced a ‘good ole Christmas party’, it might feel just like the old days. Remember though that this may be the first time that many younger workers have attended a work arranged event where colleagues and alcohol combine in the same space.

The key point to note, and to share with all employees, is that even when it’s held off-site and outside normal business hours, your work’s Christmas Party is deemed as an extension of work. Therefore, the standards and behavioural expectations we adhere to in the workplace should extend to the event.

Indeed, there’s as much, if not more, reason for employers to take their responsibilities towards their employees seriously, particularly when alcohol is involved, and staff are in a relaxed, high-spirited environment.
Social attitudes towards equality and diversity in recent years have developed markedly, so employers should have no qualms in ensuring their staff fully understand that behaviour that is considered to be unacceptable in the workplace, will be treated with equal gravity if it occurs at a work event. This includes sexist or racist remarks or intimidating conduct by any member of staff, no matter how senior.

Legally, the Equalities Act and Corporate Manslaughter feature more prevalently these days as areas of concern and employers can suffer severe consequences for failing in their duty of care towards employees.

Its right to reward your team for their hard work throughout the year, and Christmas presents an obvious opportunity for this. It makes sense to take advantage of the festive atmosphere and a party or event can also work as a team building exercise.

Here we’ve compiled some top tips to help ensure your Christmas event goes swimmingly:

  • No-one wants to be a killjoy, but a reminder of the expected standards of behaviour is a good idea. An informal word from a line manager to remind staff that they will still be under work ‘rules’ will probably suffice. If you think it’s required however make a more formal notification or send a blanket email.

  • Make sure that anyone who chooses not to attend the party for whatever reason isn’t disadvantaged. If partygoers get extra time off work make sure that non-partygoers get time off too, even if it’s taken at another time.

  • Whilst Christmas is a Christian Religious festival, the Christmas party should be seen as morale booster or team building event whereby employers thank their staff for their hard work and loyalty. As such your celebrations should be designed to include all staff and so should cater for different religions and beliefs

  • Alcohol is likely to feature in most parties and with it comes its own raft of complications. Making soft drinks available should go without saying but if your venue of choice is a pub, its association with alcohol may prove offensive to some.

  • Think about briefing speakers or entertainers beforehand to ensure that their material is suitable and won't cause offence or breach the Equality Act 2010. Think of any staff members’ health conditions too including their mental health.

  • People can become less guarded about what they say or do after a drink or two. Even if it’s not intended to be malicious or offensive, a throwaway comment or action by a member of staff can still be received as such by another. As an employer you have a duty of care to protect your staff from inappropriate behaviour from other staff.

  • Consider the risks attached to accepting offers from employees to provide food; not just around food poisoning but religious and allergy issues too. Sticking with external venues and caterers may be a safer option.

  • If you’re hanging decorations, consider any Health & Safety implications, particularly fire risks. Christmas lights that are locked away for most of the year are likely to have missed out on PAT testing.

  • Your duty of care should extend to getting staff to and from the venue safely. This may mean organising taxis or buses so that no-one is tempted to drink and drive, and vulnerable people aren’t walking home alone.

  • You may want to time the party to minimise impact on workers the following day. If you employ drivers for example, a Friday night party will mean staff are less likely to need to drive the following morning when they might still be under the influence of alcohol.

Despite these considerations, remember to enjoy yourselves and have a good time; which will be easier to do if you have set the ground rules and your party runs incident free. For help and advice either before or after your office party, we’re here to help as usual on 01452 331331 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it.

  

As we enter into the festive season, we can expect more opportunities to arise where are invited to partake in activities that will involve alcohol; and for some individuals, other more illicit recreational drugs. Drug and alcohol issues amongst employees aren’t confined only to the Christmas period, but the increase in their use makes it a good time to talk about it.

As usual, employee health, safety and welfare take centre stage in employer considerations and a clear policy on substance misuse should be in place. Historically we may have applied a zero tolerance approach to drug and alcohol misuse and considered only disciplinary action.

More recently however, following the social impacts of Covid and the pressures of the Cost of Living crisis, we might be more inclined to couple disciplinary action with a preventative and supportive approach to help employees get the help they need.

A standard drug and alcohol policy will take the approach that being under the influence of a substance whist at work is a disciplinary offence, and quite probably a dismissible one, Particularly where an impaired employee is high risk and might put themselves, their colleagues or members of the public at risk of injury or death.

However, disciplinary action will only be applied if the individual gets caught.

This might occur if you operate regular screening or random drug testing, but there is much anecdotal evidence that substance abusers are very good at covering up their use and so they may get away, undetected indefinitely. A supportive approach that encourages substance users to admit their problem and seek help is much less likely to result in dismissal as an outcome.

Employees that would be considered to be in ‘high risk’ groups include amongst others, drivers, those who work at height, handlers of hazardous substances or those who work with vulnerable adults and children. For these, regular screening is an acceptable approach. We would advise this is done as a minimum under a business’s corporate manslaughter responsibilities.

If you choose to carry out testing on other staff members, you should test the entire workforce to avoid any risks of victimisation or discrimination claims. The exception to that would be where you have reasonable and founded belief that an individual is under the influence of alcohol or drugs.

Although self-use kits are available, when conducting tests it’s a good idea to use a professional external organisation to maintain consistency and avoid mistakes. You’ll also be able to ensure that proper records are kept and it will be less likely that any positive results are objected to.

The frequency of tests and whether they are applied to the whole workforce or a random selection and/or just high risk employees should be information contained within your staff handbook. This should also detail the likely consequences of a positive test result depending upon which substances are identified in the test.

We recommend that it is made very clear that tests will be held at random. Giving notification of when drug and alcohol tests will happen totally negates the reason for applying them.

Remember that substance abuse may be masking another underlying issue, such as a mental health condition, so whatever your approach, you should take this into consideration. Managers are rarely trained on how to approach sensitive subjects employees, but taking an empathetic and communicative approach is something that is threaded throughout our leadership programmes.

For further help and support with your drug and alcohol policy, your staff handbook wording and what to do in the event of having a substance user amongst your team, call us on 01452 331331 or email us at This email address is being protected from spambots. You need JavaScript enabled to view it.

  

The duty on employers to manage inappropriate behaviour in the workplace has increased following the passing of the Worker Protection (Amendment of Equality Act 2010) Act 2023. From October 2024, employers will need to take ‘reasonable steps’ to prevent sexual harassment of employees.

It has long been established that it is how comments and behaviour are received rather than how they are intended that determines whether or not they are offensive or inappropriate. Referring to an off-hand comment as being intended simply as a joke or passed off as banter probably won’t stand up in tribunal if an individual is truly offended by it.

This year, there have been several high-profile cases of harassment in the workplace. Look no further than the CBI and McDonalds. Equally, Personnel Today found that in a survey of 1700 surgeons, almost two-thirds had been sexually harassed in the NHS.

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

Individuals can also be affected indirectly by comments and incidents. A laddish comment made amongst an all-male group of similar backgrounds may appear innocent amongst those present, however we may not know what friends or relations people present have outside of that group. And this applies to any group of similar individuals, regardless of gender, race, age etc.

In its Parliament stages, the Workers Protection Act required employers to take “all reasonable steps” however this has now been changed to just “reasonable steps”. Equally, employers are not liable for harassment from third parties such as customers or suppliers. However, under the act, tribunals will have the power to increase compensation by 25% if the employer has found to have breached their duty.

So, what can employers do?


- Dignity at Work: Employers can train managers to understand their legal responsibilities when it comes to maintaining everyone’s dignity at work. It’s not about being the banter police but rather ensuring everyone feels safe and supported in the workplace.

- Preventing Bullying and Harassment: Employers can train their employees to understand what is and isn’t acceptable. Equally, they can give them to confidence to speak up should they feel uncomfortable with a situation.

- Culture Review: This act becomes law in October 2024. Changing and improving culture won’t happen overnight therefore it’s important to start now in order to embed anything valuable. Employers should conduct audits amongst their employees and act on the feedback provided.

- Policy Review: employers should review their harassment policies to ensure they are up to date. Moreover, they should communicate reporting procedures to their employees in a meaningful way so that everyone is on the same page.

Every employee has a right to feel safe and supported at work. Legally, employers have a duty of care. However, by not living and breathing this duty of care, businesses risk reputational damage, poor retention rates and financial uncertainty.

If you would like any further help with dignity at work training or policy reviews, then please get in touch by calling 01452 331331 or emailing This email address is being protected from spambots. You need JavaScript enabled to view it.

There’s never a bad time to review your contracts of Employment and Staff Handbooks. Employment Law is changing all the time and the ways that we work constantly evolve, so putting it off until a certain law comes into force or waiting to see if a certain working pattern is successful aren’t viable excuses. Contracts of Employment, or at least written contractual terms, are a legal requirement, and all of your employees should have them.

Keeping your contracts and handbooks up to date and reflective of trends in working behaviour will also give keep you in a strong position should the need ever arise to hold your employees to account. Simply thinking that bad things only happen to other employers is folly. Having explicit and enforceable terms means everybody can be sure of their position and what is expected of them.

If clauses in your documents have expired or become unenforceable, in the event of a dispute or grievance you will have to revert to statutory law or case law, which may not cover you to the extent you require or would like.

The introduction of the Government’s Good Work Plan a few years ago was disrupted somewhat by the onset of Covid, but it was introduced nonetheless and one of the key points it made is that written contracts or terms of employment must be issued to an employee from day one. In fact, it recommends that the contract is issued prior to commencement of work so that the employee has time to fully understand the terms under which they are to be employed and has opportunity to reject them.

Clauses that are now compulsory as a result of the Good Work Plan and so should appear in your contracts are:

  • The hours and days of the week the worker/employee is required to work, whether they may be varied and how
  • Entitlement to any paid leave
  • Any other benefits not covered elsewhere
  • Details of any probationary period
  • Details of training provided by the employer.

In addition to the above, there are a number of other clauses that we recommend to form a robust document that that will stand up to scrutiny should the need arise.

Contracts should stipulate the terms that are specific to each employee. Rules and conditions that cover everyone should be referred to in the Staff Handbook. So, a delivery driver may have a different contract from a call centre operative in terms of pay and contracted hours, but they would both be subject to the same absence and sickness policies as laid out in the Staff Handbook.

This also makes it easier when updates are required as quite often it’s just one staff handbook that needs to be changed instead of updating many contracts.

Changes to employment terms means a variation of contract and we have seen some variations for those 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 and it has proven problematical for some employers who want to maintain some control over how often their staff work from home. We have found that this is an area that really needs to be well thought out so that the employer still has the power to bring their staff back into the workplace if needed.

Covid introduced a degree of flexibility in how some contractual terms were applied but if working practices have changed and you haven’t updated your contracts to take account of the changes then there will be an argument for “custom and practice” on the employee’s side. Basically, this means that the new ways of working have become the norm, making it difficult to revert. Uncertainty in the terms under which someone is employed is highly likely to lead to problems.

We’ve always recommended keeping contracts of employment and staff handbooks regularly updated and that message has never diminished. Attending our regular Employment Law Updates will help you to keep your documents compliant with current legislation although we recommend a full professional review at least every three years, preferably annually.

If 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 call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

  

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