This year was the first time that all GCSE results were graded using the new 9 to 1 system. So employers taking on apprenticeships this year might find themselves interpreting applicants’ qualifications into the older A* to G system that has been used for as long as most of us can remember.

We can probably expect a period of confusion until the relevance of the new qualification grading becomes embedded. However, as an employer, do you ever double-check the qualifications of candidates that you make job offers to anyway? And do you always take up references?

Some jobs demand certain qualifications because of their technical nature; particularly for certain levels of maths ability or knowledge of the sciences. But for more generalist roles we may be forgiven for taking claims of some qualifications at face value. After all, we don’t expect job applicants to lie on their CVs about their examination successes.

Asking for job applicants to have at least 5 GCSEs at grades C (new 4) or above might sound like a standard format for ensuring a reasonable level of educational attainment amongst candidates, but without checks there are no guarantees that you’re going to get what you pay for.

As employees further their development with career specific qualifications, establishing the validity of their claims becomes even more crucial. Industry specific awards should indicate a certain level of ability that can be relied upon in the workplace; for example CIPD for HR or IDM for Marketing.

Claims should be checked at job-offer stage as consent may be required to gather evidence from the awarding body. Failing to double-check health & safety or medical qualifications could have catastrophic results for all concerned.

Job offers are often made with the condition that the offer is subject to the receipt of satisfactory references. Again, when seeking references, the prospective employee’s express permission should be sought before any contact is made with their existing or previous employer.

Employees don’t usually want it known that they are looking for another job; at least not by their manager or boss. You must therefore make sure that it’s okay to contact a prospective employee’s current or previous employer, even if a job offer depends upon satisfactory references being received; and even if they have already provided the names of referees.

Imagine the potential upset it would cause if a candidate chose not to accept a job offer but you had already written to their manager for a reference. Not only could seriously compromise their current working environment, you might be in breach of GDPR legislation.

Including a comment confirming that it is okay to seek references as part of a candidate’s job offer acceptance should be adequate to short-cut the process.

Take note though that employers are under no obligation to provide a reference. Our advice is to always only disclose factual information when a reference is asked for. Equally, to increase the probability of receiving a response from a reference request, only ask for information such as position held, dates worked and remuneration.

Information that is subjective, such as “Does this person have a good attendance record?” is open to interpretation. What one employer considers to be a poor attendance might be considered excellent by another. A questionable reference that is opinion based may even leave the referee open to a claim against them.

Whether or not references are sought or qualifications verified, we still recommend that an effectively managed probation period is implemented, but that’s a subject that deserves its own article.

We’ll be covering all the areas discussed here plus many more challenges that employers face during the recruitment process at our forthcoming Recruitment and Retention Seminar on Tuesday 1st October. Book your place now or call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. for a chat about any advice or support you may need.

You may have seen or heard the story recently of the Commons transport committee’s recommendation that making hands-free calls whilst driving should be made illegal. The committee’s research suggests that the ‘cognitive distraction’ of making a hands-free call increases the likelihood of a driver crashing by up to four times; just as much as making a hand-held call.

Indeed, only this week a driver has been sentenced to 10 years in prison after pleading guilty to causing four deaths and one count of serious injury by dangerous driving. He had been changing the music on his mobile phone.

As businesses, we should remain aware of our duty of care to our employees and refrain from putting them in any positions that could endanger them. We should also be aware of the consequences. Asking employees to handle calls or texts whilst driving for example, could mean prosecution for employers, up to Corporate Manslaughter if the worst was to happen.

If a business provides a mobile phone to employees, or reimburses the cost of work related calls and texts on private phones, they will make themselves culpable to any associated offence if their employees are put in a position where they are expected to make or receive calls whilst driving.

Currently it is illegal to use a hand-held mobile phone whilst driving and it is also illegal to “cause or permit” a driver to use a hand-held phone whilst driving. Therefore, an employer who requires employees to use handheld phones whilst driving will be equally as liable as the driver.

The recommendation from the Commons transport committee highlights that even hands-free mobile phones can cause distraction meaning the driver is not in complete control nor driving with appropriate attention. However, if a police investigation determined that it was the use of the hands-free phone for a work-related matter that contributed to an accident, the employer could be found to be liable under current rules.

Existing penalties for private drivers include six penalty points and fines up to £200 which could mean a ban if you’ve passed your test within the last two years. The transport committee has recommended that using a hands-free phone should carry the same penalties.

In a worst case scenario, if a fatality ensued involving a business that required drivers to use mobile phones whilst driving, the directors of that business could be prosecuted for corporate manslaughter.

It is not enough not to require employees to use mobile phones whilst driving. We recommend that employers actively forbid their use and that this is clearly laid out in a robust mobile phone policy. You may even consider that any use of a mobile device whilst driving a company vehicle or whilst on company business is a gross misconduct offence. With the available functionality of modern smartphones, your policy should go further than the making or receiving of calls and should include texting or messaging, playing music, taking photos and gaming.

Drivers should wait until they are safely parked before using their phones and remember that being stopped at traffic lights or in heavy traffic does not count as being parked.

It’s also worthwhile making sure that any office-based staff are equally aware of the rules so that they are not tempted to make calls to colleagues who are driving, thereby inadvertently leaving your company open to prosecution.

For further details or help with your company mobile phone policy, call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

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The summer holidays are in full swing – but we all have different ideas about what really makes a holiday. Some want to chill and relax whilst others want to see and do as much as they can possibly cram into their time away.

Our fun quiz tries to match how you like to spend your holiday time with the type of learning and development that might be best for you. It’s a little tongue in cheek of course but you might be surprised how our holiday choices reflect our learning styles.

Results

So, now you've got an idea of what might suit you, why not use the rest of the summer lull to plan your development, and get booked onto a course ready for that back-to-school feeling in September?

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Summer Business Planning

The summer brings with it a new phase of working for many businesses, albeit with different challenges depending upon whether they operate in a business or consumer led industry.

For many consumer-based businesses, this can be the busiest time of the year as the warmer weather and school holiday period bring greater footfall to retail shops and leisure outlets like cafes, bars and restaurants. Equally, businesses in supporting industries like food & drink manufacturers and distributers will see a seasonal uplift in demand.

Business to business (b2b) organisations are more likely to enter a quiet period as staff take holidays resulting in less resources to gets work done or initiate new projects. This is likely to be matched by their business customers who will be in a similar situation with activity led by the amount of available staff.

HR and Employment Law demands of both types of business will therefore be very different but no less important to implement consistently.

Those businesses led by seasonal consumer demand may for example have a need for extra, temporary staff or seasonal workers. Regardless of the period of employment, all employees must have a contract of employment, or at the very least a statement of terms that outlines their basic conditions of work.

This is also an area where zero-hours contracts are likely to be prevalent. Staffing levels my be determined by how sunny it is on any particular day, but employers still have a duty to apply zero-hours contracts fairly, giving reasonable notice to workers for when they are or are not required.

With schools on holiday many schoolchildren will be looking to earn some extra spending money with their spare time and it’s understandable that businesses will want to take advantage of cheap seasonal labour. Remember that restrictions exist for child workers which prohibit them from working under certain conditions. In addition, during school holidays 13 to 14-year-olds are only allowed to work 5 hours per day (2 hours on a Sunday) up to a maximum of 25 hours a week.  15 to 16-year-olds can only work a maximum of 35 hours a week with a maximum 8 hours per day. (Again, 2 hours on a Sunday).

Right to work checks are not required for under 16-year olds but are compulsory for everyone else prior to them starting work.

On the B2B side, the main challenges are likely to be around staffing levels to cover holiday leave.

Many employees will be tied to the school holiday period, so we need to ensure that a fair process has been applied for allocating holiday dates. This could be on a first-come, first-served basis; just make sure everyone knows about it and no favouritism is shown to any individual. When calculating adequate cover in the workplace, also consider any potential for lone workers that may arise and the implications this can have.

We rarely come across the “factory fortnight shutdown” these days but remember that employers are entitled to stipulate when their employees take their leave, provided they give the required notice. Under the Working Time Directive, you are duty bound to ensure all staff take their allocated leave.

The quieter summer period is also a good time to schedule and plan for staff training. As we find at HR Champions, most businesses don’t have the available resources to release staff for training during the summer. It’s a good idea though to plan everything in advance so that you keep your team’s development on track when you’re back to full strength in September.

Finally, employers must remember their duty of care to their employees, particularly in hot weather. Ensuring that staff have a comfortable working environment will help to maintain productivity, however this doesn’t mean that safety can be compromised so rules around the wearing of safety equipment for example still need to be enforced.

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It’s summertime and the workplace is sweltering (occasionally). The kids are off and with them it appears, half the workforce. With colleagues either away on holiday or juggling childcare, productivity at work may have dipped a little.

So, what can we do to make the most of this summertime lull?

This time of year can be an ideal time to think about and plan your own personal development – especially with September and that manic, back-to-school feeling just around the corner. If you don’t already have a career plan, now’s a great time to be thinking about it.  

Of course, we’re not suggesting that you use the summer quiet-time in the office to look for a new job.  Career and development planning can take many forms including making the most of your current role and skills to move onwards and upwards. You might also explore new avenues – such as training courses or qualifications – that you might need to get to where you want to be.

Firstly, do you know where you want to be in one, three or five years? You can start your career planning by thinking about this if you haven’t done so already. Beginning with a goal in mind is a good starting point, but often people just don’t think about it.

Once you have your goal, everything in your career or development plan can hang off it. If you don’t know where you want to be in the future, take a look at the elements of your job that you’re good at; then look at the parts of your job you enjoy. Where these overlap will be your sweet-spot so investigate roles that will allow you to concentrate on this and aim in that direction.

Map out your skills and experience too. Where are you strongest? What areas need some attention? Where are the gaps between your current skills and those necessary for the role you want to be doing in five years? Are there technical skills in which you fall short or do you recognise a need to develop your behavioural or soft skills?

Once established you’ll need to think about how you’re going to fill those skills gaps. Some will require formal training courses with qualifications attached, some will be areas of your current role that you can focus on to improve. If opportunity allows you could consider getting involved with wider projects in your organisation to expand your skillset or voluntary and charity work that will help develop transferable skills such as planning, organising and leading others.

Again, map these and prioritise them to give you a thorough picture of where you need to focus your efforts. You might come up with many more than you can reasonably fit in – but that’s not necessarily a bad thing.

Your development plan will need to be an ongoing project if it’s going to be worthwhile. Everybody will always have room for improvement. The key is to prioritise those elements that will help you to move in the direction you want most effectively.

Having a plan is all well and good but it’s of little use if it remains theoretical; you have to make it happen. To get things moving have a conversation with your line manager about getting a formal development plan put in place. This will give you an understanding of the kind of support your organisation is willing and able to provide. If financial support is a barrier then research what funded options are available. We currently have a range of funded training courses in Leadership & Management skills that might be an option for you for example.  

Utilise your network. That could be within your current business or through external contacts. There might be an opportunity to shadow other roles for example or become a part of a project team. Ask about what’s going on and put yourself forward to make it happen. Development opportunities are often missed by those who aren’t willing to put their hands up and make it known that they’re looking to further their career.  

With your plan in place, your development needs prioritised, and agreement from your employer, you’re well on the road to that one, three of five-year goal. Remember to regularly review your plan to keep you on course but also remain alert to opportunities that may require a re-alignment of your plan if your goals shift or change.

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Redundancy and Maternity

A case heard by the Employment Appeal Tribunal provides a useful reminder of the risks of discrimination claims if an employer neglects or ignores the position of staff on maternity leave.

An employee was on maternity leave when she was put at risk of redundancy. Details of opportunities for redeployment were sent to her work email address, which she did not see until she learned that she had missed something and contacted the employer, whereupon the email was sent to her personal email address.

The employment tribunal found that the employee had been subjected to unfavourable treatment because she was exercising her right to maternity leave and the employer’s “failure adequately to communicate with [the employee] with regard to the redundancy exercise”.

Although there was a subsequent successful appeal to the EAT on a procedural matter in that there was an incorrect approach and concluded that the employment tribunal’s decision could not stand, allowed the appeal and remitted the case back to the employment tribunal to consider the claim again.

Regulation 12A (4) of the Maternity and Parental Leave etc Regulations (1999) allows for employers to be entitled to have “reasonable contact” with their employees whilst on maternity leave. What counts as reasonable contact will depend on the particular circumstances. Employers may wish to discuss what degree of ongoing contact the employee. However, the employer’s obligations are ongoing.

Actions: Arrange and agree communication channels and frequency before maternity leave and manage carefully as the beginning of pregnancy to the end of maternity leave is a ‘protected period’ during which a woman is entitled to special consideration.

Failure to consult a woman on maternity leave about possible redundancy is likely to be unlawful discrimination.

A woman made redundant while on maternity leave must be offered any suitable alternative vacancy if you have one. She doesn’t need to apply for it.

Right of return to old job on terms & conditions which must be as good

SW Yorkshire Partnership NHS Foundation Trust v Jackson

A recent case has provided greater clarity over when it is appropriate to suspend employees who are subject to disciplinary action without risking breaching implied terms of employment.

A 2017 High Court judgment raised the risk that taking such steps as a “knee-jerk reaction” is likely to be a breach of the implied terms of trust and confidence in all employment relationships, giving rise to a claim of breach of contract or constructive dismissal.

The Court of Appeal ruling, which overturned the High Court’s judgment, whilst still serving as a caution to employers, reduces the risks for employers and provides greater clarity over what steps should be taken.

In this case, a teacher was suspended for the duration of an investigation into alleged instances of using physical force against students in her class with behavioural issues. The individual resigned the same day and brought a claim for breach of contract.

It was initially ruled that the school had reasonable and proper cause to suspend the individual, but the case was appealed to the High Court. The High Court claimed that suspending the individual was a “knee-jerk reaction”, and the facts of the case did not sufficiently establish that suspension was reasonable and necessary, breaching the implied terms of trust and confidence.

The Court of Appeal overturned the High Court’s judgment and claimed:

• It is not whether suspension is “necessary” but if there is “reasonable and proper cause” to suspend the individual in the circumstances;
• Suspension can constitute a breach of the implied terms of trust and confidence and give rise to a claim, but whether there is a breach should be looked at on a case by case basis; and
• The key issue is whether or not the employer was justified in suspending the employee on the particular facts.

It will often be justifiable for an employer to suspend an employee during an investigation, however taking the time to review all of the facts available and documenting the consideration that went into the issues will protect the company as far as possible from allegations of making a “knee-jerk” reaction.

Action: Give careful consideration to any grounds before suspension decisions including employee reputation and document.

London Borough of Lambeth v Agoreyo

Retailers whose staff work extra hours to open and close a store should ensure their employees are adequately remunerated for such duties after a tribunal ruled that as the claimant, Mr Fitz, was employed on a fixed hours’ contract, it was implied that that he– and any other employee with fixed hours – would be paid for any overtime they carried out.

In this case, the supervisor was required to cover for the store manager if they were absent, which required opening and closing the store, among other tasks that needed to be completed during opening hours.

He claimed he had clocked up over 200 hours in overtime, after his contracted shifts were due to finish, for which he was not paid.

Holland & Barrett was ordered to pay the employee £1,019.75 in compensation for the overtime worked.

Action: Review any non-autonomous employees covering managerial roles and pay for additional hours.

Holland & Barrett v Fitz

It’s probably a fair assumption that most of the projects or tasks undertaken in the workplace are worked on by teams; ie a number of different people, each assigned with his or her own responsibilities in order to achieve a common goal. Even the most fundamental of projects can require a team of as few as two people with very different tasks to get a job done. Think; one to paint the wall and one to hold the ladder.

Amongst teams, there will be a range of different skills, abilities, personalities and ways of working that can create challenges that need to be overcome. In the 1960’s, psychologist Bruce Tuckman characterised the process that teams go through when reaching a productive state with the phrase "forming, storming, norming, and performing" in his article, "Developmental Sequence in Small Groups." He later added a fifth stage of “adjourning”.

It is very easy to apply Tuckman’s Model to a team that you work in or manage to understand where in the journey that team has been and is now. Here’s a brief description of each stage:

Forming: The team has just come together, and people are polite if perhaps a little reserved with one another as they learn and understand others’ job roles, ways of working and personalities. Individuals will be looking at how they and others fit in the team and some anxiety my bubble to the surface due to insecurity or lack of clarity. This is a crucial time for leaders to demonstrate strong guidance.

Storming: Team members have the measure of one another now and there may be conflict as some push for supremacy or dominance. Some may struggle to accommodate other members’ working styles and processes, which can create frustration. As a leader you may find your authority challenged, particularly if ground rules haven’t been set or if there is a lack of established processes. Storming can also occur when a new member joins a stable team as the dynamic shifts and members once again must establish themselves and their positions.

Norming: As team members resolve their differences, understand their own and colleagues’ roles, and the chain of command is established, we move to a position where we see some real progress towards the team’s goals. Members will start to rely on one another and feel able to ask for help from one another. They may even begin to socialise and form friendships. The norming stage can take a while to establish as new tasks or team members send the team back to storming.

Performing: Eventually we should get to a stage where the team is achieving what it was set up to do and manages this without conflict or resistance. A sign that the team has reached this stage is when it continues to function in the absence of its leader. A performing team should be able to continue effectively even if team members come and go.

Adjourning: This stage can occur if the team was set up to complete a specific task which it achieves and is subsequently disbanded, or if a restructure breaks the team apart. This can be a difficult stage for some people, especially when strong friendships have been formed, which is why it is sometimes referred to as “mourning”.

Recognising what stage your team is at will make your management of it more effective as you can implement tactics to progress to the performing stage more quickly. We discuss Tuckman’s model in more detail in our Level 2 Team Member and Team Leader courses which you can attend for free, along with other courses, if your business is in Worcestershire, Swindon & Wiltshire or Bristol & the West of England LEP areas. Call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. for more details.

It’s worth remembering that individuals don’t have to have attained employee status before they can be discriminated against and therefore enter a claim. The Equalities Act applies from the outset of the recruitment process so a claim can occur if a job advert or the recruitment process is felt by the applicant to be discriminatory.

It’s unlikely that we’ll be deliberately discriminatory when recruiting new employees, but we should remain vigilant of our own actions and processes in case something that we think is innocent could be interpreted otherwise. Using phrases that describe positions as suiting either a young or a mature person instantly crosses the line. Specifying too that you are looking for someone of a particular gender, unless there is a cast-iron reason to do so, is an absolute no-no.

During the selection process, scoring systems are usually a good method for shortlisting applicants for interview. Depending upon the vacancy, you could award scores for relevant qualifications, experience in similar roles and/or business sector, career continuity and IT skills. Make sure that any scoring system you use is applied consistently and fairly to all applicants. Hold on to your results for six months as evidence that a fair process was followed.

Be aware of any potential for Unconscious Bias. Some organisations will omit delegates’ names from their application scoring systems so that their ethnic origin or gender cannot be guessed or assumed by those doing the scoring; thereby avoiding any adverse scoring being applied due to the scorer’s underlying prejudices.

For example. a female applying for a job as a heating engineer may be unconsciously marked down because it is a job normally associated with men, even though she may be the most highly qualified and suitable applicant.

At interview be conscious of the questions you ask. Health and disability issues do not have to be declared until after a job offer has been made and accepted unless the issue relates intrinsically to the role.

Asking a female applicant if she plans to have children in the future is blatant sexual discrimination, but now that there is Shared Parental Leave, asking the same of a male applicant could also get you into hot water.

Ultimately, you should always aim to employ the best person for the job regardless of any other factors. How they fit in with your team is likely to be an important factor so personality and how they come across at interview will potentially have as much bearing as skills and experience. To avoid tribunal claims however make sure that if asked, you can prove that a fair selection process was used.

Join us at our recruitment seminar on 22^nd May for support and guidance on making your recruitment process as effective as possible. Call us on 01452 331331, e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. or book online.