In any workplace, maintaining a harmonious and productive environment ensures happy and high performing teams. And in any workplace, issues may arise that require investigating. Proper investigations lay the foundation for good practice when it comes to misconduct, poor performance and grievances. Not only do correct investigations minimise litigation risk to an employer, but they create a culture of trust amongst the team. Employees are therefore more likely to trust their employer, be compliant and feel confident to report problems.

When issues arise is the workplace, whether from conflict or misconduct, it may fall upon managers to initiate investigations. This responsibility requires a delicate balance of leadership, discretion and fairness. Line managers are entrusted with overseeing teams, role modelling good behaviour and fostering a culture of accountability. When allegations surface, the manager’s role within an investigation isn’t just about fact-finding but encompasses preservation of trust, morale and integrity.

Effective line management skills are the cornerstone of successful workplace investigations. Managers must possess the ability to communicative clearly, listen actively and maintain confidentiality. Clear communication ensures that all parties involved understand the nature of the investigations, their rights and the outcome process. Active listening fosters trust and encourages employees to share their perspectives openly. Moreover, maintaining confidentiality is crucial to safeguarding the integrity of the investigation and protecting the privacy of individuals involved.

A successful investigation demands objectivity. Managers must set aside personal opinions and the opinions of others to draw conclusions from the evidence presented to them. To do this, a manager must be confident in their ability not only to analyse evidence but ask the right questions during investigations. These questions can be uncomfortable. Nonetheless, it’s imperative that they are put on the table. Objectivity and confidence ensure that managers uphold the principles of procedural fairness and the outcomes are just.

Despite their best intentions, workplace investigations can be full of challenges. Managers may have reluctant witnesses, conflicting accounts and insufficient evidence. Equally, it can cause stress amongst the wider team and workplace. In this case, resilience is paramount. Effective managers adapt to changing circumstances, seek guidance when needed and remain committed to reaching a fair resolution.

Over the past few months, we have spoken about the rise in ‘accidental managers’, that is an employee who is good at their day job and receive a promotion to management without proper training. Naturally, anyone promoted to a management position should be provided training on how to do the job effective.

However, if a manager is appointed as investigator in an investigation, it is a non-negotiable that they are appropriately trained to conduct a fair investigation. At the minimum, it’s to protect the business from litigation risk. As best practice, it’s to maintain the team’s dignity and safeguard their wellbeing during an investigation.

At HR Champions we offer a range of training that creates effective line managers from ILM qualifications to bespoke leadership solutions. Our Workplace Investigations Training also enhances line managers skills to run a thorough and fair investigation.
We’re here to support you in workplace investigations and building a team of efficient and high performing line managers. Get in touch today on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

Employers can occasionally find themselves compelled to make significant changes to the employment terms of their staff or need to make a shift in practices to enable to continued smooth running of the business. Some more significant changes may require the business to initiate a restructure that leads to redundancies.

Some decisions can be very difficult and are rarely taken lightly. They can affect both the livelihoods of employees and the overall organisational framework. However, an element of such changes that cannot be overlooked and must be carried out fairly and properly is the employee consultation.

Under UK employment law, employers are required to consult with employees before implementing significant changes to their terms of employment or proceeding with redundancies. This is a legal mandate to ensure that employees are not left in the dark about decisions affecting their livelihoods.

From a moral standpoint, it reflects an employer's commitment to transparency and ethical conduct, acknowledging the value and dignity of every employee. The overarching term to remember during any consultation is that it must be “meaningful”.

Examples of changes to employment terms that would require consultation might be:

• The company wants to change the start and end of the holiday year, perhaps to fall in line with its financial year or ensure different parts of the business have the same holiday year.
• The employer wants to change the day of the month that it pays its employees in order to align cashflow with sales receipts.
• The businesses wants to initiate, remove or change a shift pattern to meet rising or falling demand or to make it more cost efficient; by using cheaper night time electricity rates for example.

Beyond the immediate impact, how these changes are implemented can have lasting implications for the business. The consultation period offers a platform for open dialogue, allowing employees to express concerns, suggest alternatives, and prepare for the impending changes.

Genuine consultation involves more than merely informing employees of decided changes; it requires a meaningful exchange of views and a real consideration of employee feedback. This process helps in mitigating the impact of changes, identifying unforeseen issues, and fostering a sense of involvement among employees. It demonstrates an employer's respect for their workforce and contributes to maintaining morale and trust during turbulent times.

Where redundancies are concerned, there are rules to how long the consultation period should take depending upon the number of jobs put at risk. When 20 or more redundancies are proposed then collective redundancy rules apply and a representative should be appointed to speak and act on the employees behalf. This can be either an elected employee or a trade union representative.

There’s no upper time limit for how long the period of consultation should be, but the minimums are:

• 20 to 99 redundancies - the consultation must start at least 30 days before any dismissals take effect
• 100 or more redundancies - the consultation must start at least 45 days before any dismissals take effect

Whilst there are no statutory time frames for 19 or less redundancies, we should default to our meaningful position and expect the process to take two to three weeks.

Failure to provide a proper consultation period can lead to significant legal and reputational risks. Employees who feel aggrieved by the lack of consultation can bring claims against their employer, leading to legal costs, compensation payments, and potentially, tribunal cases. Such disputes not only drain financial resources but also damage the employer's reputation, affecting their ability to attract and retain talent in the future.

Moreover, bypassing the consultation or undertaking it in a lazy or meaningless way can exacerbate the negative impact on employee morale and engagement. The resulting mistrust and dissatisfaction can decrease productivity, increase turnover rates, and tarnish the overall workplace atmosphere and reputation; thus hindering the organisation's potential for future recovery.

The consultation process is critical for maintaining employer-employee relationships, especially during times of significant change. By approaching the matter with the seriousness it warrants, employers can ensure legal compliance, uphold moral obligations, and manage the potential impacts on their workforce and business with empathy and responsibility.

The benefits of a pro-active approach include fostering a resilient and committed workforce capable of facing challenges together. In the end, consultation is not just a legal formality; properly utilised it is a strategic asset that can shape the future of any organisation, steering it towards a path of mutual respect, understanding, and long-term success.

We’re here to support with change and with managing the relationships between employers and employees. Get in touch for help and advice on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

Despite the impression that some people have about HR, it isn’t always about grievances and disciplinaries or enforcing heavy handed policies to wring every last ounce of effort from employees. There is a warmer, fluffier side that is about developing and enabling individuals to shine and be the best possible version of themselves.

However, people issues remain a barrier and a concern that significantly impact operational efficiency and overall organisational health. On examination many challenges stem from a fundamental flaw - the failure to implement standard management practices effectively. This systemic issue of poor management not only perpetuates recurring problems but also highlights a critical need for UK businesses to reassess and strengthen their management frameworks.

In our experience, a wide array of workplace issues - from employee disengagement and high turnover rates to poor productivity and conflict escalation - often comes down to poor management implementation. These are not new issues; they are recurring themes that highlight a deeper problem. Despite the availability of robust management theories and practices that have been developed over decades, the failure to apply these with efficiency and effectiveness seems to be endemic across the country.

Poor management is not just an operational inconvenience, it is a significant financial burden on businesses. Inefficient management practices lead to a range of issues, including high employee turnover, low morale, reduced productivity, and increased absenteeism. Each of these factors not only disrupts day-to-day operations but also diverts resources away from strategic objectives towards constantly firefighting people issues. The cost associated with recruiting and training new staff, coupled with the loss of institutional knowledge when employees leave, can severely impact a business's bottom line and competitive edge.

Furthermore, poor management contributes to a toxic workplace culture, stifling innovation and creativity. In such environments, employees are less likely to feel valued or heard, leading to disengagement and a lack of motivation. This scenario is particularly detrimental in today's knowledge-based economy, where the success of businesses heavily relies on the intellectual capital and innovative capacity of their workforce.

Whilst some may argue that the legacy of COVID-19 has exacerbated these management challenges, attributing current issues solely to the pandemic overlooks the broader issue. The reality is that the pandemic merely amplified existing vulnerabilities within management practices, highlighting areas in desperate need of improvement.

Addressing these entrenched issues requires a management renaissance; a concerted effort from businesses to overhaul their management practices. This includes investing in leadership development programs that equip managers with the skills necessary to lead effectively in today's business environment. Emphasis should be placed on building emotional intelligence, fostering effective communication, and developing a deep understanding of how to motivate and engage diverse teams.

Moreover, businesses need to adopt a more strategic approach to HR management, viewing employees as valuable assets rather than costs to be minimised. This involves implementing robust talent management strategies that focus on employee engagement, career development, and well-being. By doing so, businesses can create a positive image and workplace culture that attracts and retains top talent.

Addressing the problem requires a multifaceted approach. First, there is an urgent need for a cultural shift that places greater value on effective management as a critical business competency. This includes recognising management ability not as an innate trait but as a skill set that can and should be developed through continuous learning and professional development.

Organisations must prioritise equipping their managers with the appropriate tools and awareness needed to navigate the complexities of the modern workplace. Training on effective communication, conflict resolution, performance management, and fostering inclusive work environments is a start, but remember that managers need to be given the time to implement good management practices. These aren’t to be squeezed in alongside their other duties and be the first thing to go when there is pressure on time.

Furthermore, businesses need to adopt a more proactive stance toward identifying and addressing management inefficiencies. Implementing regular feedback mechanisms, such as employee surveys and manager performance reviews, can provide valuable insights into management effectiveness and areas for improvement.

The persistence of HR and people issues within UK businesses should be a wakeup call for a renewed focus on management practices. It is time to confront the issue of poor management and recognise the impact that effective management practices have on organisational success.

Through targeted investment in leadership development and a strategic approach to HR management, businesses can not only mitigate the costly and disruptive effects of these challenges but also unlock new avenues for innovation, growth, and competitiveness.

Allow us to help. HR Champions are the custodians of the very management skills and knowledge that businesses need to thrive. Our training offering reflects some of the most widely accepted and revered management practices in the world. Speak to us to day about implementing a training solution that aligns with your overall business plan and strategy. Call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

For small and medium sized businesses, (SMEs), steadily increasing the number of employees symbolises significant progress and reflects growth and ambition. However, this progression does not come without its own set of challenges. Being an employer is as much a profession that requires specific skills and knowledge as manufacturing products, producing goods, or providing services to clients.

Attaining a stage where some provision of HR becomes a requirement is very much a chicken and egg scenario. SMEs are unlikely to be able to afford the ideal of someone in a dedicated HR role, who ensures employment law compliance and best practice from the outset.

Businesses will invariably wait to build a critical mass of employees, but there is no fixed point when a requirement for HR is standard. Instead, SMEs will tend to reach out when employee issues and problems start occurring so frequently that resources become directed away from the organisation’s core purpose and towards managing those people issues instead.

It’s commonly businesses owners and senior managers who get caught up handling the issues that arise; the very people in the business who’s value is least well spent away from business focussed duties.

The range of potential employee issues is very broad; something we at HR Champions can attest to. In addition to the usual suspects like attendance and performance, we are witnessing a notable rise in cases where mental health is a feature. Common issues and their impact include:

Attendance and Punctuality: Regular absenteeism or lateness can significantly disrupt operations, especially in smaller team where each member's role is likely to be more defines. Addressing this requires a delicate balance of understanding and firmness, ensuring that genuine problems are sympathetically managed while maintaining clear expectations and consequences for poor attendance.

Performance Management: Identifying poor performance is rarely lacking. Addressing it in a fair but effective manner can be an area where smaller businesses tend struggle; often through lack of experience in doing so. Developing clear performance criteria and conducting regular reviews can be time-consuming but are essential for maintaining standards and supporting employee development. Without these measures, underperformance can go unaddressed, harming the business's overall productivity and negatively affecting morale. Don’t think other team members don’t spot when someone isn’t pulling their weight.

Misconduct: Even when businesses have clear disciplinary procedures in place, dealing with cases of misconduct and gross misconduct fairly and consistently can be challenging. Again, this is very often down to a lack of experience. Accusations of unfair treatment can escalate to formal grievances, or even employment tribunals so it’s imperative that proper procedures are followed and outcomes are uniform.

Bullying and Harassment: Whether from managers or peers, workplace bullying and harassment, including sexual harassment and misconduct, can not only lead to increased stress and reduced morale among employees but also result in higher turnover rates, sickness absences, and potential legal consequences. The close-knit nature of small teams means that the effects of such behaviours can be particularly pervasive, damaging the company culture and affecting every aspect of business operations. Depending on the perpetrator, there may also be mixed loyalties, especially when it is an otherwise high achiever.

Supporting Mental Health: Increasingly, businesses are expected to support the mental well-being of their employees and cases that involve mental health have become much more prevalent; especially since Covid. Whilst smaller businesses can feel unprepared owing to a lack of resources or knowledge, mental health issues are often new territory for organisations of all sizes. Failure to understand issues and support employees effectively can lead to increased absenteeism, decreased productivity, and can exacerbate the challenges of managing underperformance and misconduct.

Compliance with Employment Legislation: There is a myriad of employment laws in the UK and they are constantly being updated and added to. Contracts of employment , working hours, holiday entitlement, absence rights, the legal framework is extensive. Keeping up with legislative changes can be a struggle at the best of times, which can lead to inadvertent breaches of employment law. Such breaches not only risk legal action but can also damage the reputation of the business.

While these challenges may seem overwhelming, there are proactive steps all businesses can take to mitigate the risks and manage employee issues effectively. Preparative and preventive strategies that businesses can take include:

1. Invest in Training: Equipping managers with basic HR training can enhance their confidence and competence in handling employee issues. We have a range of courses that meet the needs of managers at all levels.
   
   
2. Develop Clear Policies: Creating and communicating clear, written policies on attendance, performance expectations, and conduct provides a framework for addressing issues and ensures that all employees understand what is expected of them. We do this; ask us.
   
   
3. Foster Open Communication: Encouraging an open, transparent communication culture can help to identify and resolve issues before they escalate. Regular check-ins and an open-door policy can facilitate this.
   
   
4. Seek Professional Advice: For complex issues, legal concerns or just to check you’re doing it the right way, seeking advice from HR Champions can prevent costly mistakes. We offer flexible support suited to a range of business budgets.
   
   
5. Consider Mediation Services: For resolving disputes, mediation can be an effective, less confrontational approach. It involves a neutral third party helping to find a resolution acceptable to all involved.

Employing staff can and should be a rewarding experience but it does introduce a raft of challenges. However these can be managed with the right preparation and approach. Investing in foundational HR practices, fostering a positive workplace culture, and seeking professional advice when needed can help navigate the complexities of employment and support business success.

We are here specifically to support employers with HR & Employment Law support and with training business owners, managers, and their teams. Start a conversation with us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

Whilst we really enjoy the people development side of our business, as a provider of HR support services, we’re always happy to help out businesses that need advice or guidance with sticky people problems or issues. It’s accounts for quite a lot of our business. However, in over 23 years of providing our services, it’s fair to say that whilst the people change, the same issues seem to re-occur time after time.

In our experience, many of the HR issues that businesses face are really quite unnecessary and simply stem from a lack of proactive and effective management. These challenges, often costly and disruptive, could be significantly mitigated if managers were to embrace their duties more diligently, particularly when it comes to engaging in difficult conversations with staff and conducting regular, meaningful appraisals and feedback meetings.

We don’t have statistics, but just as the ONS puts a figure on the cost to the UK economy of employee sickness absence, there is probably an equally shocking number that could be recorded for the cost to business of avoiding tough conversations and neglecting regular feedback sessions. Both of which can lead to a plethora of HR issues, including unresolved conflicts, declining employee morale, and decreased productivity.

For instance, avoiding difficult conversations can allow minor grievances or misunderstandings to escalate into major conflicts, requiring HR intervention and potentially leading to legal disputes. Similarly, infrequent or ineffective appraisals can leave employees feeling undervalued and unclear about their performance expectations, contributing to a decline in motivation and work quality.

Such lapses in management can erode the organisational culture and lead to high staff turnover rates. Not only disruptive in itself, this in turn can also incur significant costs in terms of recruitment, onboarding, and training new staff. The financial implications are substantial, but the intangible costs, such as the loss of institutional knowledge and decreased employee engagement, can be even more detrimental in the long run.

One of the most critical skills a manager can possess is the ability to communicate effectively, especially when it comes to providing constructive feedback and addressing issues head-on. Regular and honest communication can prevent many problems from escalating, saving the organization considerable time and resources.

By encouraging an open and transparent dialogue, managers can help to create a positive work environment where employees feel valued and understood. This not only enhances individual performance but also contributes to the overall success of the organisation.

Regular appraisals and feedback sessions are not merely administrative exercises; they are opportunities for growth and development, both for employees and the business. These sessions allow managers to acknowledge achievements, address concerns, and set clear expectations for the future. They also provide employees with a platform to voice their aspirations and challenges, contributing to a more engaged and motivated workforce. By actively participating in this process, managers can identify potential issues early on and work collaboratively with their team to find solutions.

To overcome common HR challenges, organisations must reflect and establish if managers are given the right resources to truly deliver their people management responsibilities. For example, does the task element of their role equate to full time work and are they trying to squeeze their people management duties in.

The company leaders need to authentically invest in training and development programs that equip managers with the necessary skills to carry out their duties effectively. This includes training in leadership, communication, conflict resolution, and performance management. Furthermore, business should work towards a culture that values and rewards effective management practices, encouraging managers to take ownership of their roles and responsibilities.

The role of managers in preventing and addressing common HR issues cannot be overstated. A properly trained and equipped manager should be the first line of defence in people issues. Having to escalate problems further up the chain of command or to the HR department because they haven’t been dealt with properly first time should be seen as failure. By committing to higher standards of performance in managerial duties, businesses can create a more engaged, productive, and harmonious workplace.

This commitment not only mitigates costly HR challenges but also sets the foundation for sustainable growth and success. In the end, the investment in elevating managerial performance is an investment in the future prosperity of the organisation, demonstrating that effective management is not just about avoiding issues but about unlocking the full potential of the workforce.

If you’re not already putting your managers through effective development programmes so they can be held to account for their managerial responsibilities, then you should be talking to us. A people planning meeting will help to identify where your team’s training needs are and enable you to create a fully structured training plan. Call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

A straw poll of employers at a recent business event we attended revealed that organisations are struggling to manage and integrate those employees who moved out of education and into employment during the “Covid years”. The transition into work has been anything but what we might have considered traditional for these individuals.

Furthermore, the wider shift towards remote and hybrid working models has fundamentally altered their expectations of the workplace and posed a new set of challenges for employers. Indeed, we may never see a return to what was previously considered normal working practices, and so understanding the perspectives of the Covid generation and adapting strategies accordingly will become crucial.

Entrants to the workforce post-Covid have had limited, if any, exposure to a conventional work environment. Their academic and early work experiences were predominantly virtual, shaping their expectations around flexibility, work-life balance, and digital communication. While this has equipped them with strong digital literacy skills, it has also created gaps in experiencing traditional workplace dynamics, such as in-person teamwork, office etiquette, and direct supervisory relationships.

Employers are now facing the challenge of bridging this experiential gap. The expectation for flexible working arrangements is no longer a perk but practically a standard demand from the newest workforce entrants. Government legislation to allow day-one flexible working requests has enshrined it. This shift challenges employers to balance operational needs with the evolving expectations of their employees, all while maintaining productivity and cohesion within their teams.

We should not expect the move towards more flexible working arrangements to be a temporary trend. Generation Covid may just be the start of an inevitable shift in the nature of work. As such, businesses might consider these changes permanent and adapt their long-term strategies accordingly. This adaptation is not just about accommodating the demands of new employees but also about leveraging their skills and perspectives to drive innovation and growth.

Some steps that employers might consider taking include:

• Hybrid work models that work for the employer: Take the initiative and adopt and refine hybrid working models that offer a balance to employees but work in the employer’s favour. Consider an approach that satisfies the desire for flexibility among new employees while still providing them with the in-person mentorship and team interaction they missed during their education.
  
  
• Onboarding and Training: Enhance onboarding processes to include comprehensive training on workplace etiquette, communication skills, and team dynamics. Generation Covid can lack some basic human interaction skills that employers will need to impart and develop in order to build functioning teams.
• Mentorship Programs: Implement mentorship programs pairing new recruits with experienced employees. These programs can facilitate the transfer of tacit knowledge not easily communicated through digital channels, fostering a sense of belonging and accelerating professional development.
  
  
• Adaptive Feedback Mechanisms: Regular feedback mechanisms should already be part of your management strategy to help understand the needs and concerns employees. Look at how these can be adapted and adjusted to better suit the evolving workforce. A more digital or gamified approach perhaps.
  
  
• Train Your Managers to Manage Hybrid Workers: New ways of working call for new ways of managing. Adapting to meet the demands of an evolving workforce will only be effective if managers are equipped and on board and are given the necessary time and space to manage them. Management adaptation needs to consider both the practical and mindset aspects.
  
  
• Fostering a Sense of Community: Create opportunities for social interaction, both virtually and in-person, to build a strong company culture and community. We know that social bonds make for good team cohesion. Ensuring inclusivity can also help to mitigate feelings of isolation among remote workers.

We suggest that pro-activity is the key for employers when facing the challenges and expectations of Generation Covid. By taking the initiative and implementing strategies that meet the demands of new workforce entrants whilst working in the employer’s favour, we can not only promote a positive employer brand and maintain competitive advantage.

Talk to us about turning potential challenges into opportunities for growth and innovation. Call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it. to start a conversation.

Sickness absence management is one of those unavoidable jobs that comes with the territory when you become an employer. There’s a long and varied list of ailments that we, as humans, are susceptible to, so it would be very rare to never have anyone go sick from your entire workforce.

The health and well-being of employees is paramount to the success of any organisation so it makes sense to have a considered a formalised approach to how sickness and associated absence is managed. One of the elements of a strategic approach to managing employee health , that we sadly see lacking amongst many employers, is Return to Work interviews (RTW).

RTWs, conducted after an employee's period of sickness absence, are often eschewed by employers as they can sometimes be seen as a means of checking up on their employees thereby engendering feelings of mistrust. However, executed consistently and competently, such interviews offer a wealth of benefits that not only support the individual but also contribute to the strengthening of the business as a whole.

Facilitating Open Communication: Return to work interviews provide a structured opportunity for open dialogue between managers and employees. This communication channel helps in understanding the reasons behind the absence and any ongoing health concerns. By expressing empathy and showing concern for their well-being, businesses can foster a supportive work culture, enhancing employee loyalty and trust. This level of openness ensures that employees feel valued and understood, a crucial factor in boosting morale and employee engagement.

Identifying Underlying Issues: One of the key advantages of RTW interviews is their ability to uncover underlying workplace issues that may contribute to sickness absence. Whether it's work-related stress, physical strain, or environmental factors, these interviews can highlight areas that require attention and may not have otherwise come to light. Addressing these issues not only helps in reducing future absences but also in creating a healthier and more productive work environment.

Tailoring Support and Adjustments: Every individual's health needs are unique, and RTW interviews allow businesses to tailor support and make necessary adjustments where reasonable and sustainable. From modifying workloads to offering flexible working options or ergonomic adjustments, these interventions can significantly aid in the employee's recovery and reintegration process. By adapting to the needs of their staff, businesses demonstrate a commitment to employee welfare, leading to increased satisfaction and reduced staff turnover.

Enhancing Legal Compliance and Risk Management: Conducting RTWs also serves as an essential component of legal compliance and risk management strategies. These interviews help ensure that businesses are aware of and can accommodate any health-related limitations, thereby reducing the risk of potential legal issues related to workplace health and safety. Furthermore, having documented discussions can provide valuable records should any disputes arise, protecting both the employee and the employer.

Boosting Productivity and Reducing Absenteeism: Ultimately, the goal of RTW interviews is to support employees in their return to work, thereby minimising the impact of absence on productivity. By addressing health concerns and making necessary adjustments, businesses can help employees return to their roles more quickly and efficiently. This proactive approach not only reduces short-term absenteeism but also contributes to a more resilient and adaptable workforce.

Consistency is vital here, not only for the reasons above, but also to ensure that no individual feels singled out or victimised if they are interviewed following a period of absence and other employees are not. We recommend that an RTW is undertaken for every period of absence, even if it is just one day. If employees expect it, they won’t feel they are being picked on.

The key to realising effective return to work interviews is for managers to be confident and competent in handling the conversation. They should have an appreciation of what they can and cannot say, feel confident in the approach they take and deliver the right amount of empathy.

We have a range of documents relating to absence and Return to Work Interviews in our Attendance Toolkit. Including letters, forms and checklists. They’re available to buy and download and of course they’re free for our EmployerGuard clients. Additionally, we can offer training so that all of your managers feel confident and comfortable requesting and holding return to work interviews.

One of the hardest conversations to have at work can be when someone’s life is affected by a terminal diagnosis or a life limiting condition. Claire Davis, CEO of Longfield Community Hospice, will be covering this topic during our Employment Law Update Breakfast Meetings scheduled for May.

Call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it. to start a conversation about any of the issues raised here and visit our events page to book onto our breakfast meeting or any of our other events.

The discussion around managing menopause in the workplace was re-ignited this week following guidelines released by the Equality and Human Rights Commission (EHRC). The commission’s guidance was translated in the media as ‘menopause is a disability', and employers must make reasonable adjustments for women going through menopause.

There’s a much wider discussion here regarding the steps that an employer should take to accommodate and enable anybody to be able to do their job effectively, in the face of obstacles and barriers to do so. Labelling menopause as a disability however might even disturb or annoy some people. Indeed, Kate Muir, Women's health campaigner and author of Everything you need to know about the menopause (but were too afraid to ask) said on the BBC’s Today programme, "It's not a disability. It's something every woman goes through, and legislation is not going to give you your missing hormones back."

To be clear, there has been no amendment to the Equalities Act 2010 to specifically include menopause as a disability. Under the Act, workers are protected from discrimination, harassment and victimisation on the basis of protected characteristics including disability, age and sex. However, it seems the EHRC is relying on the clause that any condition that has a long term and substantial impact on an individual’s ability to carry out normal day-to-day activities, could be considered a disability.

Menopause typically affects women between the ages of 45 and 55, but it can begin earlier or later. Symptoms vary widely among individuals but can include hot flushes, sleep disturbance, mood swings, and concentration difficulties or brain fog. These symptoms can significantly impact an individual's work performance and well-being and because of how long symptoms last, it can indeed, fall under the description of what a disability is under the terms of the Equalities Act.

Despite its prevalence however, menopause has historically been a taboo subject, often leaving those experiencing it to suffer in silence, without support from their employers. In fact there are numerous reports of women who are so unsupported they feel forced to leave their jobs. Such failure from employers could be construed as a squandering of talent and experience; something few businesses can afford to do in the current climate.

The broader implication of the EHRC’s recommendations is the need for workplaces to adopt a more inclusive approach to all kinds of conditions, not just those currently recognised as disabilities. Employers have the opportunity to lead by example; re-evaluating workplace policies and culture to ensure they support the diverse needs of all employees. For example, implementing flexible working hours, providing access to private, comfortable rest areas, or offering support and creating an open culture where employees feel comfortable discussing their needs can make a significant difference to employees dealing with a variety of conditions, including menopause.

The well-being of employees is paramount to a productive and positive work environment. Recognising and accommodating the needs of employees going through menopause or facing other health challenges, is not just a matter of legal compliance but also a reflection of a company's commitment to diversity, inclusion, and employee health.

Employers who proactively address wellbeing issue can improve morale, reduce absenteeism, and retain valuable, experienced staff members, ultimately benefiting the entire organisation.

Furthermore, this approach challenges the notion that adjustments should only be made when a condition is legally classified as a disability. It encourages a shift towards early intervention and support, which can prevent conditions from worsening and foster a more inclusive and supportive work environment. By focusing on the specific needs of employees, employers can create a more adaptive and responsive workplace culture.

Experience tells us time and again that creating a supportive workplace environment benefits everyone involved. It's not just about legal compliance or ticking boxes; it's about building a workplace culture that genuinely supports the well-being and success of every employee.

We can support businesses with training that helps to build a constructive and positive organisational culture. We can also support managers with practical training in managing employee health issues to keep businesses legally compliant. Call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it. 

From discussions with our clients and local businesses recently, it appears that there is still an inappropriate reliance on the two-year dismissal rule. Managers are still relying far too heavily on the fact that employees do not accrue rights for two years in order to make dismissals. This is rather than managing their under-performers or disruptive staff properly and/or having the necessary performance management or difficult conversations with them in an appropriate timescale.

To be clear from a legal perspective, employee rights do not accrue until two years’ service have been fulfilled. So, an employer could, strictly speaking, dismiss an employee without any reason if their service is less than two years. However, we think this is neither ethical nor admirable; and if proper management processes are carried out, it isn’t necessary either.

There are also some other factors to consider: 

• If the employee has a protected characteristic, there is always the risk of unfair dismissal and a discrimination claim, even under two years
• If the employee’s notice period takes them over the two-year period then they would accrue rights
• A tribunal may find a dismissal made close to two-years’ service without just cause, cynical
• If an employee has officially passed probation, then a due process for dismissal should be undertaken and tribunals take a dim view if it has not been
• Other than in some rare instances, employees should be granted dignity and respect
• Having a culture of under two-year dismissals may affect engagement, retention and recruitment

Realistically, it should be a rarity for an employee to be dismissed shortly before they reach two-years’ service. A redundancy situation might be the exception. Those with under two-years’ service are going to be dismissible for the lowest cost. It may not always be desirable to get rid of the newest employees during a redundancy process, but the fact that no statutory redundancy payment will be due is certainly going to be a consideration.

Otherwise, you should be asking yourself, “How did it get to this?”

Your probationary period should be your first tool. Three months is pretty standard, and during probation employees should be undergoing an effective induction programme, to both the company and their job, and should receive regular and numerous feedback and review meetings. These meetings should be used to check understanding, assess training needs and set objectives. They’re also an opportunity to evaluate aptitude and capability for the job. If things aren’t working out, during probation is the most appropriate time to dismiss.

At the end of the initial probationary period, if your employee hasn’t made the grade then you should be considering dismissal. If there is potential for them to attain the required standard, with some further training perhaps, then you can extend probation to give them a further chance. If they have demonstrated competence, ability and aptitude and your happy with them as an employee then you should officially sign-off their probation, preferably in writing.

Following probation, if concerns arise about any aspect of the employee’s work, attitude or attendance, then it should be dealt with at that time. This may simply require an informal chat, or a more formal disciplinary process. Leaving issues unchallenged or not dealt with is likely to be a sign that the line manager isn’t confident in how to approach the situation.

Unchecked persistence of the issue is where we are likely to see a manager wanting to make a summary dismissal with the two-year time frame.

There are times when an employee does fall off the rails following their probation sign-off, but we should investigate why this has happened. Perhaps they have become disgruntled or discontented after being overlooked for a promotion, or they may just have become bored with their job or not get on with another member of staff. Again, there are management skills and processes that, properly executed, can recover such a situation and remove the need to look for dismissal as the only solution.

Tackling the two-year dismissal mindset amongst your managers carries a number of benefits. Primarily there will be cost savings as the recruitment, training and lower productivity in the early stage of employment all come with a price tag. More importantly though is the improved morale and employee engagement you’ll get from staff who are effectively managed, which will by default improve productivity and therefore profit.

As a first step, why not talk to us about undertaking a People Plan and Training Needs Analysis. An hour or two discussing your plans and the training needs of your team could pay dividends. And if you or any members of your team are in Worcestershire, we have access to some funding that could assist. Call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it. 

Clinging too tightly to traditional norms may lead organisations to unintentionally risk restricting their talent pool. Today's workforce is increasingly diverse, which we must embrace to bring a wide range of skills, experiences, and perspectives that can drive innovation and growth. In a multi-generational workforce, each generation will have a different expectations of what is acceptable and what looks smart.

Placing too much emphasis on appearance, and what many might consider to be a conventional look, particularly at interview stage, could result in companies overlooking highly qualified candidates who could bring substantial value to their teams. This is especially relevant in sectors facing skill shortages; which in the UK, is most industries currently.

First impressions are undeniably powerful and often shape our perceptions and decisions in a matter of seconds. In the context of a job interview, attire and personal appearance play a significant role in the initial interactions. However, we must consider that reliance on traditional standards may not only mean that we miss out on the best candidate for the job, but also perpetuates stereotypes.

In a society that has become dominated by globally reaching social media that rewards popularity and measures success in likes and followers, it is increasingly challenging for individuals to express their individuality. Younger generations are therefore more likely to embrace tattoos, piercings, and casual dress as forms of self-expression. This might put them at a disadvantage when it comes to job applications; not because of their skills or potential but owing to outdated perceptions of professionalism by the interviewing company.

In addition to missing out on potentially good candidates, placing too much emphasis on appearance could put organisations at risk of committing indirect age discrimination. 26% of the British public are reported to have tattoos with 11% have visible tattoos. Anecdotally, it tends to be the younger generations that sport visible tattoos and piercings, and who consider smart training shoes to be acceptable business-wear. Individuals also have tattoos to honour their religion or belief. A blanket approach that simply discounts any applicants with a certain ‘look’ could easily be challenged.

At the other end of the spectrum, older candidates might feel pressured to conform to modern aesthetics to appear "in touch” or up to date with modern trends and thinking. This approach may also risks adversely affecting job prospects with companies that don’t employ an open-minded approach.

Just as we have seen a trend towards omitting candidates’ dates of birth and names on job applications to avoid age discrimination and unconscious bias, interviewers will now have to develop the skill to be unphased and oblivious towards tattoos, piercings etc to demonstrate a truly inclusive culture.

Of course there are limits. Politically or racially motivated tattoos that are constantly visible, on the face or neck for example, probably aren’t the image you want your company to portray. We might expect an individual to be able to make that judgement and refrain from getting an offensive facial tattoo if they plan to pursue a career in a customer facing role such as sales or nursing.

Whilst first impressions will always play a role in the recruitment process, it's increasingly important for employers to look beyond the surface. By adopting more inclusive hiring practices, organisations can ensure they are truly accessing the full spectrum of talent available, thereby enriching their workforce and fostering a more dynamic, innovative, and inclusive workplace.

During the recruitment process, it would be acceptable for the employer to advise the candidate of their dress-code expectations, which is where we would expect to see the policy on visible tattoos to sit. It would then be up to the candidate whether they wanted to deselect themselves from the recruitment process or to adopt the code.

Fostering an inclusive culture that values diversity in all its forms can also enhance an organisation's appeal to a broader range of candidates making it seen as a desirable place to work, thereby attracting the best available talent, ahead of the competition.

For further support with your recruitment processes, organisational and workforce planning call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it.