fbpx
Super User

Super User

Friday, 26 July 2024 12:28

The Right to Switch Off

Amongst the plans for worker reforms proposed by the new Labour Government and announced in the King’s Speech last week is the party’s “right to switch off from work”. The plan will see workers empowered to disconnect from their jobs outside regular working hours.

Under new rules to be introduced by the Labour government, workers will be able to ignore work-related calls and emails and outside of their contracted hours and refuse to take on extra work in the evenings and at weekends.
The plans are also expected to extend to workers’ annual leave, so managers would not be allowed to ask employees to carry out work-related tasks, which might be answering emails, calls or queries, whilst they were on holiday.

The new plans, believed to be brainchild of deputy prime minister Angela Rayner, come amongst a raft of new measures including a ban on zero-hours contracts, full worker rights from day and making sick pay available from the first day of absence without waiting days.

The idea of spending less time at work and having more quality time to share with family has long been seen as a vote-winner for Labour and appeared in the party’s manifest during the previous General Election.

Employee wellbeing and work/life balance are phrases that have appeared in the workplace with increasing regularity over recent years. Being able to request flexible working arrangements is now a statutory right for employees and employers must be seen to give all such requests due consideration. Indeed, employers need to present a strong business case to deny flexible working requests.

Currently in the UK, there is no official right to disconnect from work, but employers can implement their own policies. Legislation does state that a working week should be no more than 48 hours on average, however, if a boss wants to contact their employee outside of these hours, they can.

There was some discussion a few years ago over how to determine when an employee actually started their working day. In a world of electronic communication, many workers would choose to “triage” email on their mobile phones during their commute so that only the important ones were left to deal with by the time they reached their desks. Whether the commute should therefor be classed as work time was bought into question.

The concept of being able to switch off is a good one in principle, however ensuring that an employee is not bothered during their holiday may come down to how well a workload handover to colleagues is implemented, or how well they have tied up any loose ends of business they are dealing with before they leave.

There is also the enormous impact of company culture to consider. Even if bosses and managers uphold the ideology of not contacting staff outside of work, employees may find a great deal of peer pressure. This may make it feel impossible to leave work without putting in a reasonable dose of extra time in order to meet targets or complete projects to schedule.

Furthermore, a restriction on contacting employees outside of work hours may cause more employers to insist on their pound of flesh during designated work time. This may lead to more organisation removing the option for employees to work from home and may impact wider decisions around flexible working requests.

Unlike other measures, the right to switch off is unlikely to be enshrined in law but will more likely become a code of practice for businesses. Notwithstanding, there are bound to be employees who will apply the new rules as strictly as they are able so it’s worth making plans about how a policy will be communicated sooner rather than later.

HR Champions will of course support you with this. Call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

  

Thursday, 18 July 2024 17:16

Who Decides When We're Too Old to Work?

Recent news stories regarding President Joe Biden facing calls to step down from his presidential election campaign owing to concerns about his cognitive and physical abilities highlight the issue of an ageing workforce on a global stage.

We tend to accept that with age often comes diminishing health. It's an unavoidable fact that as we get older, we may become less supple, lose muscular strength, and are increasingly affected by worn joints and connective tissue. Such physical changes can significantly impact job performance, particularly for manual workers. Businesses operating on tight margins may face difficult decisions if an older worker's productivity falls below a profitable level. Additionally, health and safety considerations must remain paramount.

Dementia and other cognitive decline have also become considerations for employers in recent years. At HR Champions, we have encountered cases where employers have had to manage employees showing signs of senility. As a mental health issue, dementia is potentially covered by the Equality Act 2010, meaning employers must make reasonable adjustments for affected employees. However, dementia is notoriously difficult to diagnose, especially in its early stages, complicating any such adjustments.

The default retirement age in the UK was abolished in 2011 so there is no longer a set age at which employees must retire. This change acknowledges that many people are capable of and wish to continue working well past traditional retirement ages. However, it also raises the question: who decides when someone should retire?

Without a default retirement age, it is up to the individual when it is time to step down. This flexibility supports the rights of older workers but also requires careful management to balance business needs with employee rights.

We are continually promoting staff appraisals as an effective management tool and employers might consider applying an appraisal system throughout an employee’s career to assess their ability to perform their job effectively continually. While this approach seems practical, it has inherent flaws. An individual might not agree with the feedback and measurement of performance, leading to conflict. There are also legal and ethical issues to consider when exiting a loyal and long serving employee on the grounds of capability.

Age discrimination contravenes the Equality Act, posing significant risks for businesses that attempt to force older employees to resign based solely on age. It also comes into effect at recruitment as job candidates cannot be refused a fair crack at a job application just because someone on the recruiting team thinks they are too old.

Another layer to this issue is the proposed changes to the National Minimum Wage by the new Labour Government, which aims to set it equal for all adults. While this move is designed to ensure fairness and reduce exploitation, it inadvertently reduces the financial incentive for businesses to hire young people. When the cost of employing a young, inexperienced worker is the same as hiring an older, more experienced one, employers may lean towards the latter, potentially exacerbating youth unemployment.

Despite these challenges, there are significant benefits to employing an older workforce. The experience and skills gap often seen in younger employees can be mitigated by retaining older workers longer. Their knowledge and expertise can be invaluable, offering opportunities for mentoring and skill transfer to younger employees. Additionally, older employees tend to be more less transient, preferring job security and work-life balance over career advancement and higher salaries.

Employers should engage in strategic workforce planning, which includes having open discussions about career planning regardless of an employee's age. These discussions allow employers to make informed decisions about recruitment, development, and promotion at the appropriate times, ensuring a balanced and effective workforce.

Managing an aging workforce requires a delicate balance between legal obligations, ethical considerations, and business needs. By recognising the value of older employees, implementing fair appraisal systems, and planning strategically, businesses can navigate these challenges effectively. Age should not be the sole determinant of an employee's worth or capability, and with careful management, the benefits of an experienced workforce can be fully realised.

For help and support in managing employee issues and developing a succession plan, contact HR Champions at 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

  

Thursday, 11 July 2024 14:06

Planning for the Euros Final Aftermath

It may have been brought to your attention that England are in the final of the European Cup on Sunday night following a gripping semi-final win over the Netherlands on Wednesday evening. Win or lose, we think it’s a good idea that employers are pro-active in managing the potential consequences of England reaching their first ever major tournament final on foreign soil.

By way of comparison, when England won their first round match against Tunisia in the 2018 World Cup, the media reported that staff absences rose by 36% the following day. On Sunday, fans will no doubt be taking their seats early in pubs and clubs, and even at home with friends, in order to enjoy the build up to the 8.00pm kick off, and potentially indulge in a drink or two.

We’ll then have a 90 minutes game potentially followed by 30 minutes of extra time and possibly a penalty shoot-out. If England win, fans will want to remain immersed in the elation for as long as possible. Or to put it another way… it could get messy.

UK employers are therefore presented with a unique challenge for Monday morning, as we should expect employee attendance and productivity to be impacted. Here are some key considerations and options for managing this situation effectively. And whatever you decide, put a communication out as early as possible so that everyone is appraised of the position you are or will be taking.

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

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

Re-communicating your absence policy in advance can set expectations for employees. Inform them of the procedures for taking leave or reporting absences due to the previous night's celebrations. Encourage employees to plan ahead and request leave if they anticipate needing it.

You may already be processing a high number of holiday requests. If this compromises your required workforce number you may have to draw lots amongst those who request it, to establish who is allowed to take holiday if you are pressed for resources and need to open.

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

Flexible working: Another approach could be to offer flexible working hours on Monday. Allowing employees to start later in the day can help accommodate those who might have stayed up late and need additional rest to recover. Being flexible can prevent the risks associated with tiredness and hangovers.

If feasible, allowing employees to work from home can mitigate the risks associated with commuting while under the influence of alcohol. This option also accommodates those who may not be in the best physical state to commute but can still be productive from home.

Plan for low productivity: Depending on how your workforce is comprised and what industry you are in, you may have to accept that productivity might dip on Monday, so plan accordingly. Non-critical tasks can be scheduled for later in the week, and team leaders can be briefed to manage workloads flexibly. This approach ensures that essential operations continue smoothly without putting undue pressure on employees.

You may even decide to give everyone the day off. We suggest however that if you take this very generous option you do so whether England win or lose. Losing a penalty shoot-out has lots of effects on individuals but it doesn’t make someone who has been drinking all evening immediately sober.

Duty of care: Employees who drive as part of their job responsibilities are of particular concern. Driving under the influence of alcohol is obviously illegal, and the morning after can pose significant safety risks. Employers must ensure that these workers are fit to drive. Failing to do so could result in accidents, serious harm to employees and others and legal issues up to and including corporate manslaughter.

Even for employees who do not drive for work but must commute, there are clearly risks associated with driving under the influence. Encouraging responsible behaviour is essential to prevent potential road incidents.
Perhaps a reminder about the dangers of drink driving and the importance of health and safety to reinforce responsible behaviour is in order. Highlight the legal implications and potential consequences of driving under the influence to ensure employees are aware of their responsibilities. Encourage moderation so that employees can enjoy the game without overindulging.

Arranging transportation alternatives for employees who might be at risk of driving under the influence could be an option. This could include organizing carpooling options, offering taxi reimbursements, or providing information about public transportation schedules. But if staff aren’t fit enough to drive, do you really want them in the workplace, especially if their intoxication could affect their ability to work safely, in a factory or on a building site perhaps.

A reminder of your company drugs and alcohol policy before the weekend might be a good idea.

The European Cup final is a momentous occasion, and it's natural for employees to want to enjoy the atmosphere of England making it to the final. By taking proactive measures, UK employers can manage the potential impact on attendance and productivity. Flexible working arrangements, clear communication, and promoting responsible behaviour are key strategies to ensure that Monday morning runs as smoothly as possible.

Make a decision on the stance you plan to take and communicate it to your entire workforce today or tomorrow so that no-one can say they weren’t forewarned or hadn’t thought about the consequences. By showing understanding and adaptability, employers can maintain a positive work environment while upholding safety and productivity standards.

And remember there are plenty of people who won’t be interested in the football. Make sure they are not disadvantaged in favour of those who are interested, especially as you might be relying on them to keep your business afloat on Monday.

We’re available as usual for help and support on 01452 331331 or by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. However we hope you’ll act on the recommendations outlined in this post and we won’t be inundated with phone calls on Monday for dealing with a rash of absence and intoxication at work issues. Good luck England.

  

Recruiting staff is expensive. Whether you advertise vacancies and manage the full process yourself, or you use the services of a recruitment agent or consultant to find and shortlist prospective candidates, there’s a whole raft of costs. Advertising, commission plus your own manager and administrator time.

So we find it frustrating that after the expense of recruiting, businesses invest so little time and effort in implementing robust and effective induction programmes or properly managing the probation period. The first days and weeks for a new recruit are arguably the most crucial. However, high attrition and staff turnover, especially in the early stages of employment, can become a perpetual financial drain for businesses; and one that can be so easily avoided.

Now that labour have won the election, we know from their previously published 'Work Plan' that they intend to abolish the rule that means workers do not accrue rights for the first two years. This has been something we have relied upon when the need has arisen to dismiss staff. Potentially now, the probation period will be the only option to dismiss underperformers so employers will need to make sure they are managing these with purpose. If that alone isn't reason to ensure your inductions and probations are in good order, here are a few more.

Integration into Organisational Culture: A properly-crafted induction programme is essential for integrating new employees into the company's culture. In a competitive job market, businesses must ensure that new recruits align with their values and goals. Comprehensive induction processes provide an overview of the company's mission, vision, and values, fostering a sense of belonging and purpose from day one. This alignment is crucial for retaining employees and reducing turnover.

Reducing Employee Turnover: High employee turnover is a significant financial burden, not only due to recruitment and training costs but also because vacancies necessitate temporary coverage by existing staff, diverting them from their primary responsibilities. A thorough induction programme helps new employees understand their roles, reduces initial uncertainty, and sets clear expectations. By making the transition smooth and welcoming, businesses can significantly reduce early resignations and dismissals, thus saving on associated costs.

Enhanced Productivity: A structured induction process accelerates the time it takes for a new employee to become productive. Instead of spending weeks or months figuring out their roles, accessing resources, or understanding company systems, a guided introduction allows them to hit the ground running. In an environment with high vacancy rates, businesses cannot afford prolonged periods of sub-optimal productivity. Better-trained managers can ensure that inductions are efficient and comprehensive, boosting the productivity of new recruits from the outset.

Improved Employee Morale and Engagement: Entering a new organisation, especially one with high vacancy rates, can be overwhelming for new employees. A well-thought-out induction programme acts as a crucial support mechanism. By connecting new recruits with peers, mentors, or ‘buddies’, businesses can help them feel valued and engaged. Higher engagement often leads to improved morale, better performance, and increased loyalty. Managers trained in effective onboarding techniques can facilitate these connections and foster a positive work environment.

We should also comment on the negative impact on staff morale that high turnover has. If there is a revolving door of new recruits, existing employees may feel insecure in their own positions and choose to leave an organisation that has the reputation of being a bad employer. We have also heard of those responsible for the training of new recruits to become ‘fatigued’ by the fact that they seem to be constantly training new staff who never stay; diminishing their own morale and self-esteem.

Competitive Advantage in Talent Acquisition: In today's social media-driven world, word spreads quickly about company practices. Organisations known for excellent onboarding and induction processes have a competitive advantage in attracting talent. Prospective employees are more likely to be drawn to companies where they believe they will receive proper training and support during the initial phases of their employment. Your managers play a critical role in enhancing the company’s reputation as an employer of choice through ensuring that new recruits have a positive start; yet another reason to train them well.

Compliance and Risk Management: When positions have been vacant for a long time, the urgency to fill them can sometimes overshadow the importance of compliance training. Effective induction programmes ensure that new recruits are aware of the company's policies, legal obligations, and safety protocols from the outset. This is particularly important for compliance with health and safety in certain roles and for regulations such as GDPR. A thorough induction not only protects the company from potential legal issues but also ensures a safer and more compliant working environment.

In a competitive jobs market, businesses that invest in training will reap benefits in productivity, loyalty, and reputation. Not only should inductions and well-managed probation periods be standard, but managers must be trained to implement them effectively. By focusing on these areas, businesses can ensure a smoother transition for new employees, ultimately leading to a more engaged, sustained and productive workforce.

HR Champions can support the design of an effective induction programme. For assistance, call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

  

Friday, 28 June 2024 13:24

Annual Leave Rules

Now that we have had a taste of summer over the last week, and the traditional holiday season is upon us, so we thought we would go over the basic rules around holiday and annual leave. It’s been a while since we touched on this subject in the blog but staff holiday is one of the most consistent subjects we give advice about on the helpline, so perhaps you can bookmark this page for future reference.

There is a raft of legislation that governs how you must deal with staff holidays, but staff morale and productivity are equally compelling reasons to get policies and procedures correct and to do the right thing. Keeping on top of your staff’s holiday bookings, especially as we enter the more popular school holiday period, will help to avoid clashes or overlap of holidays, and also you to monitor whether staff absences leave any skills shortages in the business.

Statutory holiday, the legal minimum that employees, including part-time and most agency and free-lance workers, are entitled to, is 5.6 weeks per year. That equates to 20 days annual leave plus eight days for public holidays. We’ve had extra public holidays in the last couple of years for the Queen’s funeral and the King’s Coronation, but these are discretionary.

You can choose how you describe holiday entitlement in your staff handbook or employment contracts as either 20 days plus 8 public holidays, OR as 28 days including public holidays. We recommend the latter as it generally makes it easier to calculate holidays, especially for part-time workers, but also because in many industries such as hospitality, retail, leisure and care, employees are required to work on public holidays. By rolling annual leave entitlement up into a single figure, workers in these industries won’t miss out on any holiday.

Part time workers get a pro-rata amount of holiday measured against a standard full-time employee. For example, an employee who only works three days per week would get three fifths of the statutory amount; so 16.8 days, which we would round up to 17. You cannot round down. Note that a part time worker who worked, say, 10.00am to 2.00pm five days a week would still get the full 28 days because the time they would be absent would only be counted against their part time hours.

An anomaly of employees who work compressed hours, eg, the hours of a five day week worked in just four days, is that their annual leave seems to be reduced. In reality, their holiday is compressed also. As in the above example, someone who worked a standard 37.5 hours but over four days, taking Fridays off, would only get 22.4 days statutory leave, but these would only need to be taken against Mondays to Thursdays because the Fridays wouldn’t count.

You holiday year, the annual cycle upon which you calculate holiday, can begin at any time but it can be complicated to change. Some companies choose a standard calendar year whilst others align it with their financial year. This can also cause complications if this is around March/April owing to the variable dates that Easter falls meaning, strictly speaking, a company could have two or no Easters in the same holiday year and therefore two extra or two less public holidays in Good Friday and Easter Monday.

Employers are permitted to dictate to employees when they must take their holiday provided they give adequate notice. This must be at least twice the period of leave. So, if an employer wanted an employee to take a particular week as holiday, they would need to give them at least two weeks notice.

The period between Christmas and New Year is a good example of when many companies might insist that employees reserve some of their holiday allocation. If it happens every year, we would expect to see it stated in the company staff handbook. Some factories still operate shutdown periods two or three times a year, effectively dictating exactly when staff must take their holiday; although high absence rates at other times of the year can prove to be an issue under such conditions.

Employees should always confirm their holiday time with work before booking holidays, flights etc. as employers are not obliged to give employees specific dates if they have good reason not to; resources for a new contract are required for example. We would say though that employers should have clear and fair rules around holiday bookings amongst their teams. Taking terms to have preference when booking holiday will probably see as more diplomatic than a simple first-come first served basis. This is especially true if a high proportion of your workforce have school age children and are restricted or confined by term times.

Annual leave entitlement can be enhanced but not reduced below the statutory amount. We usually see extra leave granted as a reward for long service so an extra day or day might be given after working for a company for five years.

Finally, it is the employer’s responsibility to ensure that all employees take their annual leave, dictating when it must be taken inf necessary. It is not permitted to carry statutory leave into the following year. This was permitted during Covid, predominantly designed to benefit NHS staff, but it has since been rescinded.

Specific holiday entitlement is a contractual term and so should be included in everyone’s contract of employment. We would normally expect to see the rules for requesting and taking holiday in the staff handbook. When an employee leaves, they should be paid for any holiday they have accrued but not taken, and the employer is within their rights to withhold from final pay, any time the employee has taken off but not accrued in that holiday year.

This covers the essential rules of annual leave but there will always be a nuanced question about specific individuals so we’re here to help on 01452 331331 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it.

  

Tuesday, 11 June 2024 17:30

Lib Dem Manifesto Snippets

The Liberal Democrat Launched their manifesto on Monday this week. Often considered the middle ground of politics, it’s probably fair to say that in terms of employers and business, their manifesto lives up to that same status with what we would consider to be some pluses and some minuses. Whilst they admit they are unlikely to win a General Election, it’s worth paying attention to their manifesto as they will be in a position of influence should they regain the third political party standing as they predict.

We’re pleased to see some suggested reforms to the apprenticeship levy and SSP payments for small businesses but some of the proposed changed around zero hours contracts might be more than some businesses can bear. Below we’ve pulled apart these and other controversial recommendations.

Replacing the apprenticeship levy with a broader and more flexible skills and training levy: A big thumbs up from us for this one. The apprenticeship levy is currently only paid by businesses with an annual payroll of over £3million. It is refunded to employers but only if it is spent on apprenticeships, which is over restrictive and means employees who just need some general training could be missing out. If the underlying aim is to improve employee skills, it makes far more sense to give more freedom on how the money is spent, providing it is in some form of training.

Also note that the way the levy is set up, employers with less than a £3million payroll currently get relief from the levy; so don’t be surprised if the relief threshold is reduced at some stage and employers with payrolls of £2million and eventually less are required to pay it.

Boosting the take-up of apprenticeships, by guaranteeing they are paid at least the National Minimum Wage: Whilst this move would undoubtedly make apprenticeships more attractive to those taking them, meeting the minimum wage will make them less attractive to employers as they would be paying the same as any other worker on minimum wage but would have the restrictions and obligations that apprenticeships bring. The jury is still out on this one.

Creating new Lifelong Skills Grants for adults to spend on education and training throughout their lives: We like the sound of this but there’s pretty much zero details that we could see in the manifesto.

Modernise employment rights to make them fit for the age of the ‘gig economy’: We’ve spoken about the Gig Economy a lot in the past and how it needs some proper attention. Law makers have tended to move too slowly to keep up with the way this type of worker has evolved. Some proper guidelines for employers and workers alike would be welcome.

Setting a 20% higher minimum wage for people on zero-hour contracts: Zero hours contracts are being targeted by both the Lib Dems and Labour, the latter pretty much categorising them as ‘evil’. No-one has looked at them from the employees point of view as for some, people Zero hours is a perfect solution and banning them would cause more problems than they solve. With a 20% uplift on minimum wage, I suspect people would be queueing up to sign a Zero hours contract. Not sure they’ve thought this one through.

Shifting the burden of proof in employment tribunals regarding employment status from individual to employer: We’re not sure what exactly they mean by this but quite frankly we already waste enough time on tribunal applications that don’t stand much chance of being won and only submitted to cause more noise and nuisance. Employers don’t need any more hassle in this department.

Expand parental leave and pay, including making them day-one rights: We understand the sentiment here but this would open leave the system open to abuse as individuals could try to get a job solely to benefit from parental pay.

Align the Statutory Sick Pay rate with the National Minimum Wage: As the burden of SSP is carried by employers rather than the Government, this would be crippling for many employers. And where is the incentive to return to work?

Make SSP payments available from the first day of missing work rather than the fourth: The same as Labour. Again, this would be overly burdensome on employers and getting minimum wage for throwing a sickie might be too tempting for some employees.

Supporting small employers with Statutory Sick Pay costs: Again, this policy lacks any substance or detail in the manifesto but some help for small businesses in reclaiming SSP costs is a winner. It would be much needed too if SSP was paid at minimum wage levels.

A bit of a mixed bag the from the Liberal Democrats from an employer’s point of view. Of course, business and employment is one of many areas of policy upon which voters will be making their decisions this general election. As champions for employers however, we’re wary of the policies that will cause our clients, and ultimately us, more problems and headaches.

Whatever the election outcome, we’re expecting any new Government to want to make an impact within the first 100 days of office, so we’re likely to be busy making sure clients are compliant with any new legislation. Make sure you’ve got our number on speed-dial, ready to call us on 01452 331331 or send an email to This email address is being protected from spambots. You need JavaScript enabled to view it.

  

Friday, 07 June 2024 11:07

The Labour Work Plan and Employers

The Labour Party has said that their manifesto for Government will be published and available before the election on July 4. In the meantime, we have taken a look at the party’s “Plan to Make Work Pay”, which is a reasonably detailed document outlining Labour’s strategies for economic growth and proposals that will affect workers and employees.

Among the proposals outlined in the document, the ones that grabbed our attention the most are: the abolition of the two-year qualifying period for employment rights, making flexible working a day-one right, and paying statutory sick pay (SSP) from day one of absence. We’ll explore the potential impact of each of these proposals in more details below and their potential impact on UK businesses.

Abolition of the Two-Year Qualifying Period for Employment Rights: Despite best intentions and a desire to maintain best practice whilst employing individuals, we rely quite significantly on the two-year rule when advising clients regarding dismissals. Currently, employees need to have worked for two years before they can claim unfair dismissal. Whilst we would never recommend an inappropriate dismissal, the two-year rule does provide something of a safety net against tribunal claims.

The Labour Party’s plan to abolish this qualifying period will extend immediate protection to all employees from day one. While this change is designed to enhance workers' rights, it poses significant challenges for employers. Potentially, the removal of the two-year qualifying period will mean every dismissed employee would be eligible to make a claim for unfair dismissal, potentially leading to more employment tribunals. This will necessitate more rigorous documentation and justification of employment decisions to defend against potential claims.

Businesses would need to sharpen up their HR practices an particularly during probation periods, probably making six months of probation the default as this might be the only opportunity to dismiss an underperformer. There would be no room to forgo regular meetings on a weekly, bi-weekly or monthly basis for workers on probation. Managers would need to be confident in setting strict goals and objectives and of measuring the new recruits performance against these. A structured plan for benchmarking achievement milestones to measure progress would also be a good idea.

Flexible Working as a Day-One Right: Labour’s proposal to make flexible working a right from the first day of employment reflects changing workplace dynamics and a push for greater work-life balance. Current legislation extends as far as workers being allowed to apply for flexible working from day one, which is already seen as controversial. Labour’s proposal however, could create recruitment challenges, particularly for roles that require full-time, on-site presence.

We fear that workers will be able to apply for, and be offered a full-time role, only to be able to demand a flexible working pattern from day one. Employers may then find it harder to ensure consistent team collaboration and maintain productivity levels, especially in industries where physical presence is critical. This in turn may affect the ability to meet customer demand.

There may be a need for businesses to rethink their approach to job design and employee engagement. Offering hybrid models that balance flexibility with necessary office time could be a solution, but it requires a cultural shift and investment in technology to support remote work effectively. Job roles may need to be made more flexible from the outset and interviews could become more of a negotiation exercise to determine days and hours worked and from which location.

In addition, for smaller employers who are less profitable, the provision of extra equipment and technology for multiple employees may be prohibitive.

Statutory Sick Pay (SSP) from Day One of absence: Labour’s plan to make SSP payable from the first day of absence aims to provide immediate financial support to employees who fall ill. Currently, SSP is only payable after three consecutive days of absence, easing the financial burden on employers for short-term sickness.

Introducing SSP from day one means employers would bear the cost of sick pay for even a single day’s absence. Remember, UK employers cannot reclaim SSP from the government, which could lead to increased financial strain, particularly for small businesses with tight margins. It’s a great attention grabber for voters and one that comes at zero cost to the Government because they’re not footing the bill.

There is also a concern that this policy might encourage higher absenteeism rates, with employees more likely to take short-term sick leave knowing they are financially covered from the outset. Employers would need to implement more stringent sickness monitoring and support systems to manage absenteeism effectively whilst maintaining an adherence to disability discrimination laws and being cautious of not harassing truly ill employees.

With the knowledge that some pay will come, even if it is just SSP, the temptation to “throw a sicky” after a night out or sleeping through the alarm may prove very tempting for some.

Furthermore, those businesses and organisations that offer periods of full pay for sickness absence may find further financial burden through paying for more sick days as there will be less incentive for workers to attend work. Enhanced sick pay schemes would not be able to be simply revoked. A period of consultation would be required, and the benefit is so significant, to remove it would probably need to be bought out. Affected organisations would also include many already cash-strapped councils and the NHS.

Labour’s plan to beat immigration by training UK nationals to do the jobs for which we currently employ foreign nationals deserves some applause. This is likely to be through more specific training and apprenticeships in what are considered key subjects such as the STEM topics of Science, Technology, Engineering and Maths. We hope some provision will be made for managers and leaders.

Unpaid internships are also facing the chop under Labour. Designed to give graduates the opportunity of work experience, employers also benefit from the fresh ideas and energy that interns bring. Labour will insist that interns are remunerated for their time in post, we suspect at least at the National Minimum Wage, which we think is only fair.

In all, the Labour Party’s Work Plan, which we expect to partly form their manifesto, whilst aimed at enhancing worker rights and well-being, presents several challenges for UK employers. A copy of the plan is downloadable at https://labour.org.uk/updates/stories/a-new-deal-for-working-people/

Employers will need to be ready to proactively adapt their HR practices, invest in effective management and support systems, and explore innovative ways to attract and retain talent. While these changes are aimed at creating a fairer and more supportive work environment, they necessitate careful planning and strategic adjustments from businesses to mitigate potential negative impacts.

If you want to get ahead of the curve with your policies and practices we’re here to help. Call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

  

Friday, 31 May 2024 13:47

National Service and Work-Readiness

The stand-out story of the General Election campaign trail so far must be Prime Minister Rishi Sunak’s manifesto policy to introduce a form of national service should he regain the keys to No.10. Whether it is a deliberate attempt to polarise opinion or a fantasy policy that he knows he’ll never get over the line because his days in the top job are numbered, it has certainly sparked significant debate.

It is worthy of discussion from an HR perspective because we often hear from our clients how young people transitioning from education to employment often lack the necessary skills, experience, and discipline to be truly "work-ready." A conversation that has become much more prevalent since Covid. Supporters of Mr Sunak’s initiative might argue that it could help to address this issue; but who’s responsibility is it to ensure young people are equipped to join the workforce?

Sunak’s proposal aims to equip young people with valuable life skills, discipline, and a sense of civic duty. The structured environment of national service could provide participants with experiences that foster resilience, teamwork, and a strong work ethic. For employers, recruiting individuals who have completed national service could be particularly attractive, as these candidates may demonstrate enhanced maturity and readiness for a professional environment.

Young people of today are heavily immersed in social media. It shapes their communication styles and influences how they process information. While digital literacy is beneficial, the prevalence of short-form content and constant connectivity can detract from the development of what we would traditionally describe as soft skills, such as sustained attention, effective communication and teamworking.

Furthermore, the expectation of remote or home working, at least to some degree, has become cemented into the psyche of the UK workforce. We have discussed this a number of times in our blog and it will be further reinforced when the right for flexible working requests from day-one become law later this year.

While we see flexible working arrangements in many organisations now, they pose challenges for the onboarding process and for instilling discipline and teamwork in young employees who may have limited experience in traditional workplace settings.

Whilst we can see some potential benefits of a national service type initiative for employers, opinion polls suggest that it not something we should expect to be implemented. Businesses should ensure they are applying their own strategies to better prepare young adults and graduates for the workforce:

  • Structured Onboarding Programs: Design a comprehensive induction and onboarding program that cover job-specific training as well as workplace etiquette, communication skills, and time management.

  • Mentorship and Buddy Systems: Pair new employees with experienced mentors who can provide ongoing guidance and support, helping them navigate the company culture and expectations.

  • Soft Skills Training: Provide workshops focused on developing crucial soft skills such as resilience, problem-solving, teamwork, and professional communication. We offer a raft of these and they can be integrated into regular training schedules with more established employees to reinforce their importance.

  • Feedback Mechanisms: Establish regular one-to-one meetings and feedback loops where young employees can receive constructive criticism and praise, and also re-asses and affirm their objectives and your expectations to help them to adjust and continuously improve.

  • Managed Flexible Working Arrangements: While maintaining some degree of flexibility, ensure a structured approach to remote working that includes clear expectations, regular check-ins, and opportunities for in-person collaboration.

In what remains a competitive recruitment marketplace, dealing with new recruits who are not work-ready might be a nice problem for some businesses to have. Implementing the above strategies will not only address the shortfalls but will mean organisations will be seen as a good place to work and so attractive to young talent through:

  • Promoting a Positive Culture: Highlight your supportive, inclusive workplace culture that values learning and development.

  • Offering Growth Opportunities: Emphasise opportunities for career advancement and continuous learning.

  • Showcasing Flexibility: Balance the offer of flexible work arrangements with the structure and support needed for young professionals to thrive.

Rishi Sunak's national service proposal could play a significant role in addressing the readiness gap among young people entering the workforce, but we don’t think it’s something to be relied upon. Businesses should be implementing their own robust onboarding programs including mentoring, soft skills training, and a positive workplace culture. These are crucial for ensuring young peoples’ transition from education to employment.

By adopting these strategies, businesses can better prepare young people for the workforce and create a more attractive environment for emerging talent. We can help with the provision of appropriate policies, onboarding and induction programmes and a full suite of business essential and soft skills training. Call us for a conversation on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

  

Friday, 24 May 2024 12:42

Reasonable Adjustments

We give a lot of advice that concerns supporting employees with their health, including mental health, and longer term illnesses that can be classed as a disabilities. This type of advice regularly includes a recommendation to make reasonable adjustments. With the Government agenda to get more inactive people back into the workforce, we have prepared some clarity over what reasonable adjustments actually means.

Reasonable adjustments are a fundamental aspect of creating an inclusive and supportive workplace. For HR professionals and business owners, understanding the nuances of reasonable adjustments is crucial to ensuring compliance with the Equality Act 2010, but moreover, it enables organisations to foster an environment where all employees can thrive and makes a wider talent pool more accessible.

Reasonable adjustments are changes or adaptations made to eliminate or reduce disadvantages experienced by employees with disabilities, or with an illness that affects them over a long term. These adjustments can relate to physical workspaces, job roles, or employment practices. The goal is to ensure that employees with disabilities have equal opportunities to perform their roles effectively and enjoy the same benefits and conditions of employment as their non-disabled colleagues.

The need to make reasonable adjustments arises when an employee experiences disadvantages in the workplace owing to their condition. Disabilities can be physical, sensory, mental, or cognitive impairments. The requirement to make adjustments can be triggered at various stages of employment:

  • Recruitment and Selection: Adjustments could include providing application forms in accessible formats or offering additional time during interviews.

  • Employment and Promotion: Adjustments may be necessary for facilitating job performance, such as modifying equipment, providing assistive technology or facilitating remote-working.
  • Training and Development: Ensuring training materials and sessions are accessible to all employees, including those with disabilities.

Reasonable adjustments can take many forms, depending on the specific needs of the employee and the nature of their disability. Common types of adjustments include:

  • Physical Adjustments: Modifying the work environment, such as installing ramps, widening doorways, or providing accessible parking spaces.

  • Workplace Adjustments: Altering workstations, providing ergonomic furniture, or supplying assistive devices like screen readers or hearing aids.

  • Work Schedule Adjustments: Allowing flexible working hours, part-time work, or providing additional breaks to accommodate medical needs.

  • Policy Adjustments: Amending workplace policies to ensure they do not disadvantage employees with disabilities, such as adjusting attendance policies to account for medical appointments.

  • Support Services: Providing access to support workers, job coaches, or interpreters for employees with disabilities.

While the Equality Act 2010 mandates making reasonable adjustments, there may be instances where it may be justifiable to refuse to make them without risking allegations of discrimination. Choosing not to make reasonable adjustments must be based on a careful consideration of several factors and we strongly recommend that this is documented:

  1. Reasonableness: The adjustment must be practical and feasible. If an adjustment is deemed unreasonable due to excessive cost, significant disruption, or impracticality, it may be refused.

  2. Financial Implications: If making the adjustment would cause significant financial strain or operational difficulties for the business, it may be considered financially inviable. This should also be balanced against the resources available to the employer.

  3. Health and Safety: Adjustments that compromise the health and safety of the employee or others in the workplace, including customers and service providers, can be reasonably refused.

  4. Effectiveness: Any proposed adjustment must alleviate the disadvantages faced by the employee. If it is unlikely to be effective then it may not be required.

As we have discussed, an inclusive working environment and an open-minded attitude, broadens the available talent pool to help give your organisation a competitive edge. However, we cannot dismiss the fact that the requirement to make reasonable adjustment is often to mitigate the risks of potential discrimination claims. Organisations should therefor:

  • Engage in open and constructive dialogue with employees to understand their needs and explore potential adjustments.

  • Document all considerations and decisions regarding reasonable adjustments to provide a clear rationale and maintain a record that a proper process was followed and due consideration was given.

  • Regularly review and update policies to ensure compliance with legal requirements and evolving best practices.

Reasonable adjustments are vital for promoting inclusivity and equality in the workplace. By understanding when and how to implement these adjustments, and recognising when it may be reasonable to refuse them, businesses can support a diverse workforce while ensuring legal compliance and fostering a positive work environment.

For help, support and advice with making reasonable adjustments, absence, or any HR or Employment Law related matter, we’re just a phone call, or email, away. Contact us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

  

Tuesday, 21 May 2024 11:54

Hybrid Working & Managers

We have just finished this quarter’s HR & Employment Law events. This time, as well as the usual employment law update, we provided insight on managers managing hybrid workers.

Over the past month, we have seen a rise in the number of big organisations reversing their working from home policies to either bring staff back to the office full time or for the majority of the week. Boots, Manchester United, Nationwide and JD sports just to name a few.
But now a ‘tug of war’ exists between the business and employees. The business wants to enhance collaboration and innovation with staff back in the office. Whereas employees feel they have a good work life balance whilst remaining productive at home.

A hybrid model might be a good compromise. This can balance the employees’ needs for flexibility whilst re-establishing a strong office presence. At HR Champions, we often speak to you about the role of the manager and the importance of getting it right to ensure high performing teams. Add managing hybrid workers to that manager’s role and managers have another responsibility within their day job.

If hybrid working is your solution to balance the needs of the business and employees, managers are now responsible for communication across different platforms, performance management when they are not always physically with their employees and collaboration for a dispersed team.

At HR Champions, we suggest focussing on the following areas to create a gold standard of managers managing hybrid workers:

  • For business leaders and HR
    It’s a two-way street; seek feedback through employee engagement and pulse surveys about hybrid working. Ensure there are robust policies in place and people are aware of them. Invest in good homeworking kit and technology. Review employees’ job description to ensure everyone is on the same page about responsibilities and they are fair.
  • Management Communication
    Establish clear communication channels and agree what is appropriate on which communication channel. Ensure there is a minimum of one day where the team is all together. Encourage open communication across and within the team.
  • Performance & Expectations
    Track progress and productivity by still holding the team to account. Be clear about your employees workday and schedule as well as sticking to the business’ performance review procedure. Create an accountability plan that everyone can access regardless of location.
  • Mental Health & Wellbeing
    Remind the team about the resources available to them and encourage the team to have a healthy work life balance ensuring they take breaks and don’t work too late. Be present on office days to recognise the signs of burnout and stress. It’s more difficult behind a screen.

This was a whistle stop tour in managers managing hybrid workers.

Balancing business needs and employee expectations is key to building and maintaining high performing teams. But it’s paramount to long term success. Hybrid working might be the solution for some businesses to attract and retain the top talent.
In this case, line managers will play an important role in creating successful outcomes from this model. Don’t put the line managers on the backfoot and ensure they have the resources to perform their role to the highest standard.

At HR Champions, we have a suite of leadership and management training to support your managers as well as HR advice for the technicalities of a hybrid working model. From qualifications accredited to by the leadership and management, one day training courses and bespoke leadership programmes, we have you covered. Get in touch today by calling 01452 331331 or emailing This email address is being protected from spambots. You need JavaScript enabled to view it. to find out more.

 

  

Page 4 of 17