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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

As of yesterday, Thursday 24th February 2022, individuals in England who test positive for coronavirus, no longer need to self-isolate. The change in policy, announced the previous week by Prime Minister Boris Johnson, is accompanied by a number of other changes in Covid-related rules, policies and guidance that have potential to foster a new set of challenges for employers.

Eligibility for sick pay from day one for Covid related sickness absence, is no longer in force and from 1st April, the current guidance for those who test positive to stay at home will be lifted. Also from April 1, Covid will no longer have to feature in company risk assessments and free mass testing will end. Government policy has clearly shifted towards one of individuals taking personal responsibility.

Whilst symptoms and the effects of the prevailing Omicron variant of Covid have been relatively mild for most, a proportion of the population remain vulnerable owing to underlying health conditions. More significant perhaps, are the reports suggesting that cases of hospitalisation owing to coronavirus are predominantly in those who have not been vaccinated.

Employers will now need to take a stance on their approach to Covid, and whilst this is likely to be influenced by a variety of aspects, the overriding factor must be the organisation’s duty of care towards its employees, and in some cases, it’s customers or clients.

We recommend that businesses continue with measures that help combat the spread of the virus such as plentiful ventilation, availability of hand sanitiser and maintaining regimes for cleaning and sterilising workstations, especially those that are shared.

As free testing is coming to an end, high street chemists are already offering deals on lateral flow testing kits. It’s probably unreasonable to expect employees to pay for their own tests so some businesses may want to consider providing tests for employees. However, what employers decide to do based on the results creates its own issues. If an employee presents themselves for work, despite testing positive, does the employer have a right to keep them away? And if the employee is sent home, should they receive full pay?

There will need to be a balance for employers between keeping their workforce safe at the same time as maintaining the security of individuals’ personal information. Now that working from home has become the choice of preference for many, justifying why some workers can remain working from home when others are required to return to the office, may be difficult to do without giving away sensitive health information.

Because being vaccinated has always been a personal choice for most, it may not be reasonable to expect individuals to declare whether or not they have been received the vaccine. However, employers may feel that this information is important to know in order to plan the safety of employees. Again, treating unvaccinated employees differently opens its own can of worms.

There’s not really a catch-all approach that we are able to recommend to employers. Instead, we think each situation will need to be looked at on an individual basis in order to understand the variables and give the best possible advice.

If the recent changes have put you in a position of uncertainty in how to deal with your employees then we’re here to help on 01452 331331 or at This email address is being protected from spambots. You need JavaScript enabled to view it.

As I write, storm Eunice is making her presence felt in the form of squally showers and strong winds, with gusts predicted to reach up to 90mph. Doubtless you will already be aware of the Red Alert issued by the Met Office for areas along the Severn Estuary which means the weather is a risk to life; and the amber warning in place for the rest of the country.

With many schools and some businesses closed owing to the dangers presented by storm Eunice, we find ourselves amidst an extraordinary event and in a place where we can practice some of the lessons we have learned from the Covid pandemic.

The prevalence of Working from Home (WFH) and hybrid working that has been a side-effect of the pandemic, have had a mixed reception from businesses. Some have adopted it entirely, saving on expensive office rental costs, whilst others have either begrudgingly accepted it as part of changing businesses practices, or welcomed it with open arms, recognising an improvement in employee wellbeing and engagement, and ultimately, productivity.

In light of the “Essential Travel Only” warnings issued by the Met Office, even those organisations that have reluctantly ceded to allow their employees to work from home, if only partially, are able to continue working as normal today; in conditions under which historically, they may have had to close. Equally, with schools closed, arranging emergency childcare for working parents is less of an issue as they can still be present at home to monitor the kids whilst continuing to work.

Pre-Covid, standard practice in severe weather would mean that if employees were unable to make it to work but the workplace was open then they might have to take holiday or unpaid leave to cover their absence. In cases where employees could present themselves for work but the conditions meant the premises was unable to open, staff would still expect to be paid.

Following the pandemic however, there is much more emphasis on the employer’s role in the wellbeing of its workforce. Therefore, in cases where working from home isn’t an option, such as in a manufacturing environment, even where the premises is able to open, we might now expect the organisation to tell its staff to stay at home but still pay them as normal, rather than risk their health travelling into work.

Lay-off remains an option however and we usually see lay-off clauses in employment contracts in the building industry so that employers can minimise their losses when workers are unable to carry out their jobs because of things like bad weather. Lay-off clauses were highlighted when Covid first struck and the country went into lockdown, but the need to invoke them was quickly negated by the introduction of the Furlough Scheme.

A storm, such as today’s, would be grounds for laying staff off, but firstly, you must have a relevant clause present in your contracts in order to implement lay-offs. And secondly, you might want to weigh-up the cost benefit against any loss of goodwill you might experience from your staff, especially with the difficulties in recruitment businesses are currently experiencing.

Ultimately, we hope you stay safe and today is incident free for you, but if you require any support with HR & Employment Law issues, as well as people strategy and Leadership and Management challenges, we’re here to help on 01452 331331 or at This email address is being protected from spambots. You need JavaScript enabled to view it.

As everybody knows, Charles Darwin famously established the Theory of Evolution through Natural Selection. Sometimes referred to as survival of the fittest, I think it’s better to describe it as the process whereby the most suitably adapted to the prevailing conditions and environment are enabled to thrive and grow.

Throughout history, there have been a number of events which have rapidly and drastically affected the environment and tested the theory to the extreme. The events that led to the extinction of the dinosaurs and the subsequent rise of mammals for example.

If we translate the theory of evolution to the business world, we can see that we have recently been experiencing a number of changes to the environment that might adversely affect those businesses that are not suitable adapted or at least ready to adapt. Some of these changes have come about by design, but of course others have taken us by surprise. They include:

• Digital Transformation: Perhaps better described as “Digital Disruption”, our shift towards the use of digital, and in particular mobile, technologies has been both seismic and dramatic. Although largely through design, the rapidity of the digital shift has been remarkable and ruthless to those not ready to embrace it; think Top-Shop.
  
  
• Brexit: Whether or not this was predictable is open for debate but certainly some of the after-effects have taken us by surprise. We seem to be going through an extended settling down period over trade but the loss of European workers has probably had more to do with improvements in economies in their home countries; which has led to…
  
  
• Vacancies: At 1.2million, the number of jobs waiting to be filled in the UK remains the highest for over 20 years. This, as we’ve discussed in previous posts is not only putting strain on already stretched workforces, but has changed the dynamics within organisations and the balance of power. With so many job opportunities, Employers are conceding to workforce demands for fear of losing staff and paying more to attract and retain workers.
  
  
• Covid: Nobody saw this one coming and whilst we seem to be coming out of the woods now, we have been through two years of extreme turmoil. The worst of the pandemic may be over but we’re now seeing the knock-on effects such as more cases of mental health issues, a workforce that is reticent to let go it its work-from-home culture and an erratic economy that’s lit a fuse beneath an incendiary inflation and wage-rise struggle.

So, what can we do?

Businesses need to adapt and must ensure they are ready to adapt to the changes. During lockdown, restaurants for example, had to switch to a take-away model in order to survive and adopt platforms such as Let’s Eat and Deliveroo. No-one had to develop new technology, just be open-minded to what was already available.

Line managers need to take on more responsibilities for themselves, including some of those traditionally owned by HR. These days managers should be equipped to handle employee issues within their own department, including performance matters, disciplinaries and recruitment. They should be able to formulate the development plans for their team members from induction to promotion but also be aware of their teams’ wellbeing. Our HR for Managers course is a perfect solution here.

Recruitment needs to change too. The smart guys know their recruitment channels and have been developing their employer brand and building relationships with their future workforce for years by engaging with schools and colleges. A lack of workers also requires thinking beyond traditional recruitment networks. There is a population of workers who are looking for a career change so you may need to be prepared to provide training to those who can demonstrate the right aptitude rather than expect everyone to come pre-skilled.

During our free HR and Employment Law update, you can come along and meet us. We can discuss how you can build an effective management team to lead to better organisational performance.

We have set the next dates in Cheltenham, Worcester and online. You can book your free places and remember, breakfast is on us.

Click here to book.

Employee wellbeing has become more than a nice-to-do and a positive work-life balance and a sense of fulfilment now ranks above salary for job-seeking graduates. There is also a growing movement in favour of a four-day working week which again, may need to form part of your longer-term workforce plan. The role of the employer is evolving to one that is far more parental in nature and those who can show themselves to be a good place to work will attract the talent they need to survive.

There is oceans of support out there to help businesses through this evolutionary period and a lot of it is free, including many of our own workshops, seminars and training courses. 

You can call us for support about anything raised here or for support with anything employee and HR related 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.

Let’s start with a cage containing five monkeys. Inside the cage, hang a banana on a string and place a set of stairs under it. Before long, a monkey will go to the stairs and start to climb towards the banana. As soon as he touches the stairs, spray all of the monkeys with cold water.

After a while, another monkey makes an attempt with the same result - all the monkeys are sprayed with cold water. Pretty soon, when another monkey tries to climb the stairs, the other monkeys will try to prevent it.

Now, turn off the cold water. Remove one monkey from the cage and replace it with a new one. The new monkey sees the banana and wants to climb the stairs. To his surprise and horror, all of the other monkeys attack him. After another attempt and attack, he knows that if he tries to climb the stairs, he will be assaulted.

Next, remove another of the original five monkeys and replace it with a new one. The newcomer goes to the stairs and is attacked. Note that the previous newcomer takes part in the punishment with enthusiasm. Again, replace a third original monkey with a new one. The new one makes it to the stairs and is attacked as well. Two of the four monkeys that beat him have no idea why they were not permitted to climb the stairs, or why they are participating in the beating of the newest monkey.

After replacing the fourth and fifth original monkeys, all the monkeys that have been sprayed with cold water have been replaced. Nevertheless, no monkey ever again approaches the stairs. Why not? Because as far as they know that's the way it's always been around here; and that's how company culture is formed.

We're not just here for the bad things in business like a fight in the canteen. Talk to us about how we can support your full team in creating a positive company culture. 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 recruitment seminar that we ran last week addressed a wide range of issues being faced by employers who are currently finding recruitment to be a massive challenge. The seminar has been a catalyst for a number of our clients and now, conversations have moved on to Workforce Planning. It seems that for some employers, a lack of foresight a few years ago has led to a recruitment crisis today.

A solid workforce plan should be influenced by, and sit alongside an organisation’s full business plan. Stakeholders will include the MD or CEO who’ll be driving the business. The Operations Director who will know what the shape of the business needs to be in terms of personnel required to meet the business plan; and the Financial Director who will be responsible for ensuring that the wage bill for the future workforce can be met.

Regardless of where the responsibility for recruitment lies, whether that’s the HR department or individual departmental managers, the workforce plan needs to be fully embedded in the actions of all departments. The availability of people to recruit into the business and the ability to pay for them, shouldn’t be issues that prevent the business from growing and moving forward. This means planning ahead.

Despite a digital, global economy, businesses shouldn’t overlook basic logistics when they’re planning for the future. Businesses that require employees to be on site, such as in manufacturing and distribution, amongst others, need to recruit from areas in easy commuting range for their employees; so that means local. It will be the pupils and students of local schools and universities now that provide the talent pool of the future. It’s crucial then that businesses have a rapport with the local education establishments to engage a potential future workforce early on.

Let's try and put Workforce Planning into a 5-step rough guide:

Step 1 - Ensure key stakeholders in the businesses understand the implications of the 1,3 and 5 year business plan and the resources that are required to deliver it. Eg. Materials, finance, investment, equipment, skills, market place demands, competition and community.

Step 2 - From a people perspective, understand the skills required. What do you already have in the business. What can be developed internally and what training is required.

Step 3 - Career discussions amongst your team should be the norm. Make sure they happen and understand what your employees want from the company and how you can develop them.

Step 4 - What is the shortfall? What skills will you need to recruit externally? Are those skills available and how attractive is your company to those who have them?

Step 5 - Review your employer branding and you employee value proposition. Put a long term people plan in place.

We’ve hardly skimmed the surface here. To really get under the skin of what an effective Workforce Plan should look like and include, come along to one of our forthcoming Workforce Planning seminars. We have two currently scheduled. 8th March in Gloucester and 29th March in Worcester. There are just 12 places per seminar and they’re going fast so make sure you get on board now.

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.

In what some might describe as an ahead -of-schedule move, the Government this week scrapped it’s “work from home” guidance with immediate effect, enabling workers to return to their pre-Covid places of work. Should we then be anticipating an en masse return to the workplace and expect businesses and employees to simply discard their working from home practices?

The “work from home if you can” message was re-introduced as part of the Plan-B measures that came in into effect in December last year, designed to slow the spread of the Omicron variant of Covid-19. After a sharp rise in Coronavirus cases, followed by an equally sharp fall, the Government decided to ease restrictions this week, as we appear to be over the peak of infections from the new Covid variant. From next Thursday, the wearing of masks in public spaces and Covid passports for large events and nightclubs will also be scrapped.

However, just because we’re allowed to go back to the office, it doesn’t mean that we will.

As we have discussed in previous posts, now that employees have had a taste of homeworking, many companies have come under pressure to maintain at least a degree of it. At our seminar this week we shared statistics that showed how 45% of respondents to a survey stated that flexible working was their top criteria when applying for jobs. This has made it difficult for employers to withdraw flexible and home working from employees for fear of losing their talent; especially when so many companies are finding it difficult to recruit new staff.

However, research also tells us that the majority of employers would prefer their employees to return, and we have seen some strong arguments to support their case. Understandably, productivity and improved communications come top of the motivators for having staff back under one roof.

Whilst, strictly speaking, employers would be within their rights in most cases to insist that employees return, there are moral, economic and ethical reasons why, perhaps they should not.

To start with, even if your employees are triple jabbed, there’s a raft of reasons why they may not want to be exposed to the virus, which coming back to work clearly increases the risk of. For example, they may have underlying health conditions or live with someone who does. They may be planning a holiday to a destination with strict entry rules.

You’re also still responsible for the health an wellbeing of your employees. The challenge of keeping them physically safe obviously becomes greater as more people share confined spaces but we must also keep a handle on employees’ mental health. A sudden change in routine or increase in potential risk may prove challenging for some individuals. Different people have different triggers so a blanket approach may not work.

Despite the get back to work message being dropped on us quite suddenly, we recommend taking a step back to survey the landscape and formulate a plan to return to the workplace if you don’t already have one prepared. It doesn’t have to be expensive or particularly radical, but some simple steps could help to ease everyone back into a routine. For example:

• Plan and share rotas and shifts for returners
• Communicate these in plenty of time to give staff fair warning and time to plan their own schedules
• Holding return to work interviews with team members
• Offer re-familiarisation days

And as people do return, maintain your safety practices and standards such as regular testing, offering sanitising stations, keeping rooms ventilated and minimising close contact between individuals.

Finally in cases where continued homeworking has been agreed as the accepted working practice, now might be the time to formalise it with an approved flexible working plan and new contract of employment that reflects this.

We’re still at work to support with any of the issues raised here. Contact as usual on 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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