We must accept that the Covid pandemic was a major disrupter of our previously accepted view and understanding of working life in the UK. Mostly we travelled to a place of work where we spent mostly conforming hours working with set time for breaks. Covid changed all that, and now we have a myriad of working arrangements including home working, part-time and hybrid working. Some even work from abroad.

This disruption has had a major impact on attitudes to work. Most business strive to engender an engaged workforce but the landscape has changed dramatically and we must adapt to achieve this since Covid. For businesses, understanding and effectively fostering employee engagement is crucial for the success and sustainability. But let's be clear: true employee engagement can't be bought with just a higher salary or quirky office perks. It requires genuine and authentic leadership.

Employee engagement is the emotional commitment an employee has towards their organisation and its goals. Engaged employees don't just work for a salary or the next promotion; they work to meet the organisation's goals. They are motivated, committed, and invested in their work. Cultivating this level of engagement is the key, but not easy. Some quick wins might be:

• Transparency and Open Communication
  
  Transparency is the foundation of trust and a key factor in building an engaged workforce. Share your business goals, challenges, and progress with your team. When employees are kept in the loop, they feel valued and part of the bigger picture. Encourage open communication, where employees feel safe to express their ideas and concerns. This not only empowers them but also brings diverse perspectives to the table.
  
  
• Recognise and Appreciate Efforts
  
  Recognition doesn’t always have to be about big bonuses or public accolades. Even a simple ‘thank you’ or acknowledgment in front of peers can boost morale significantly. Recognise not just the results, but also the effort and dedication. Create a culture where every contribution is valued and appreciated.
  
  
• Provide Growth and Development Opportunities
  
  Investing in your employees' growth is a powerful way to engage them. Offer training sessions and workshops including a budget for external courses. When employees see that you are invested in their career development, they feel more committed and engaged with the organisation.
  
  
• Foster a Positive Work Environment
  
  A positive and inclusive work environment encourages employees to be their best selves. This involves everything from a respectful and supportive culture to a physically comfortable workspace. Remember, a positive environment nurtures creativity, collaboration, and overall engagement.
  
  
• Lead by Example
  
  As a leader, your attitude and behaviour set the tone for the entire organisation. You must embrace and display the values and ethics you want to see in your employees. Authentic leadership involves being approachable, consistent, and empathetic.

Employee engagement is not a one-time effort but a continuous process. It’s about creating a workplace where employees feel connected, valued, and part of a community. Engaged employees are not just more productive; they are the ambassadors of your business, and their enthusiasm and commitment can be the driving force behind your business’s success.

However, we must have the appropriate organisational design, that fits modern business and working arrangements. We must find new ways of engaging our hybrid and at-home workers with a strategy that meets the needs of the post-covid workforce. We’ll be discussing this in more detail at our forthcoming breakfast clubs. Make sure you’re booked on. And if you would like to discuss this subject on a mor intimate level, call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• No-one wants to be a killjoy, but a reminder of the expected standards of behaviour is a good idea. An informal word from a line manager to remind staff that they will still be under work ‘rules’ will probably suffice. If you think it’s required however make a more formal notification or send a blanket email.
  
  
• Make sure that anyone who chooses not to attend the party for whatever reason isn’t disadvantaged. If partygoers get extra time off work make sure that non-partygoers get time off too, even if it’s taken at another time.
  
  
• Whilst Christmas is a Christian Religious festival, the Christmas party should be seen as morale booster or team building event whereby employers thank their staff for their hard work and loyalty. As such your celebrations should be designed to include all staff and so should cater for different religions and beliefs
  
  
• Alcohol is likely to feature in most parties and with it comes its own raft of complications. Making soft drinks available should go without saying but if your venue of choice is a pub, its association with alcohol may prove offensive to some.
  
  
• Think about briefing speakers or entertainers beforehand to ensure that their material is suitable and won't cause offence or breach the Equality Act 2010. Think of any staff members’ health conditions too including their mental health.
  
  
• People can become less guarded about what they say or do after a drink or two. Even if it’s not intended to be malicious or offensive, a throwaway comment or action by a member of staff can still be received as such by another. As an employer you have a duty of care to protect your staff from inappropriate behaviour from other staff.
  
  
• Consider the risks attached to accepting offers from employees to provide food; not just around food poisoning but religious and allergy issues too. Sticking with external venues and caterers may be a safer option.
  
  
• If you’re hanging decorations, consider any Health & Safety implications, particularly fire risks. Christmas lights that are locked away for most of the year are likely to have missed out on PAT testing.
  
  
• Your duty of care should extend to getting staff to and from the venue safely. This may mean organising taxis or buses so that no-one is tempted to drink and drive, and vulnerable people aren’t walking home alone.
  
  
• You may want to time the party to minimise impact on workers the following day. If you employ drivers for example, a Friday night party will mean staff are less likely to need to drive the following morning when they might still be under the influence of alcohol.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If you would like us to review your employment contracts and staff handbooks, or if you need support with any other aspects of HR and Employment Law, please call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

Apart from it’s main function as a search engine, Google has some pretty useful tools for marketing purposes, such as it’s key word planner which helps to find search phrases for online adverts. It turns out that the key word planner can also give us an insight into what’s trending in HR the workplace across the country.

For instance, the average number of searches for the word “disciplinary” in the UK over the last year is over 12,000, per month. The term “disciplinary procedure” has seen an increase of 24% in the number of times it’s been searched for.

We can only assume the increase in searches is owing to a rise in the number of first-time disciplinaries that are being held. That is, disciplinaries being held by people who have not had to hold one before. Perhaps this is because a disciplinary event hasn’t occurred before or because they have been promoted to a position in which they are now responsible for disciplinaries.

It’s a little concerning that individuals have to resort to searching for information regarding disciplinary procedures. It potentially means that businesses aren’t fulfilling their obligations as employers.

By law, an organisations disciplinary and grievance policy must be readily available for scrutiny by any employee and should ordinarily reside within the staff handbook. The grievance procedure should be clear and unambiguous and plainly state the various levels of disciplinary action. These are usually verbal warning through to dismissal, depending on the severity of the transgression.

If so many people are searching for information about disciplinary procedures, does this mean that they don’t have their policies in place?

When the need arises to take an employee through the disciplinary process, it pays to have your ducks lined up and to have a clear idea of the process you will be following. There are numerous examples of where dismissal decisions are overturned at tribunal because the employer failed to follow the correct process; even when the employee’s wrongdoing was unquestionable, and the case should have been nailed on.

At the outset, all disciplinary matters should undergo a fair investigation, and this would normally be carried out by a line manager. The investigation should gather all relevant evidence and interviews should be held with all involved parties and with anyone who is able to provide evidence for the case. This could be a large number of employees, if they are witnesses for example, or it might just be the individual who is the subject of the disciplinary matter.

With more people working from home these days, it’s acceptable to hold investigation interviews over Zoom or Teams.

For an investigation meeting, there may not be a right to be accompanied, unless your policy states otherwise. Even then, the accompanying person should be a work colleague or an appointed official of a recognised Trade Union.

Once your investigation is concluded, you need to relay your findings to the subject of the investigation. If it looks like some form of discipline will be appropriate, you should write and invite the subject to a disciplinary meeting. You must give reasonable notice of a disciplinary meeting and we recommend at least 48 hours. You should also provide a copy of all your evidence.

Representation during the disciplinary meeting should be offered. If the employee chooses not to be represented, make sure they are aware of their right to be accompanied, and have this minuted. Put your findings forward and give the subject opportunity to respond. Adjourn the meeting to consider the final outcome.

Once you have deliberated, invite the subject back into the meeting to give them your decision and what form of discipline you are administering. This could be various levels of warning and up to dismissal depending on the severity of the wrongdoing. You must treat employees equally so be clear that you would give any employee the same punishment if they had been found guilty of the same.

Employees have a right to appeal any disciplinary decision, and this should be heard in a timely manner and by someone of at least equal status to the original case handler.

Because of the difficult conversations that are usually involved, it’s easy to see why disciplinary and procedures are often carried out poorly, consequently becoming costly. However, you should apply rigour in all policies, procedures and processes.

It can be very tempting, and all too easy, to err towards taking a relaxed approach when an incident arises that requires some form of disciplinary action. There are times when keeping a situation informal can be the right approach. It saves time and, as colleagues still need to work with one another, can keep a lid on conflict in the workplace.

However, the main problem with informality however is that there is rarely proper closure to a matter. We would recommend that only experienced managers who have a good understanding of their team members try to handle issues informally.

Whilst taking the formal route will be a lot more time consuming, handled properly it will put an issue to bed. Formality also means notes and records are kept so that if a situation ever escalates, there is a documented audit trail to refer to.

You'll be pleased to know that we’re here to help, assist with, attend at, and carry out disciplinary procedures and grievance hearings for clients and customers. If you require some support call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

We have written before about how passing a probationary period doesn’t necessarily make an employee bulletproof. It’s true that an employee’s probation period is their opportunity to demonstrate their suitability for the role in terms of competence and commitment; and the employer should use the probation period to make this judgement. However, employee rights don’t accrue until two years service have been fulfilled, unless they have a protected characteristic.

This means that regardless of the outcome of the probationary period, the employer can still end employment without giving any reason to the employee. The trouble is, that’s neither ethical nor admirable.

We must remember that other than in some rare instances, employees should be granted dignity and respect. If a manager is making an arbitrary decision to dismiss an employee without any proper due cause or process, it’s more likely to be either a display of impatience, the consequence of their own laziness or a failure to follow some basic management principals.

There’s no legal obligation to use a probationary period but we always recommend that employers do use them and do so effectively. That means, deploy an effective induction programme during the probation period, hold regular meetings to ascertain performance and training needs and to ensure that the requirements of the company and the employee are being met. The probation should also be formally and officially signed off, or potentially extended where necessary.

It’s unlikely that an employee will fall off the rails in terms of performance or conduct, the day after they pass their probation. So if an employer or manager is looking to make an under two-year dismissal , the chances are the probation period wasn’t handled properly, or the ongoing development needs of the employee in the months following probation, simply weren’t met.

We’re not saying that there isn’t a place for a dismissal under two years. When redundancies are called for, 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 redundancy payment will be due is certainly going to be a consideration.

There are also the times when an employee does fall off the rails. Gross misconduct is a slam-dunk of course, but there may be times when they may become disgruntled or discontented. They may be overlooked for a promotion that they think they deserve perhaps, or they may just become bored with their job or not get on with another member of staff. Any of these scenarios, or others, could lead to a reduction in performance or productivity and a deterioration in attitude.

Despite the fact that a straightforward under two year dismissal is on the table, we would recommend that a proper disciplinary process is followed, even though it isn’t strictly necessary. Not only does this fulfil the unwritten duty to demonstrate the dignity and respect that we mentioned, but we’re also noticing that unless employees are ‘closed down’ properly, they tend to be quite noisy.

Claims of whistleblowing and discrimination, even when they are spurious, can be enough to trigger an interest from the likes of ACAS. And this will amount to a diversion of resources you can do without.

Completing a proper investigation and disciplinary process means that you can gather evidence and make a proper case as to why an employee should be sanctioned. It gives them the opportunity to make their case if they have one and, should things go as far as tribunal, demonstrates that you are an employer who takes their role and responsibilities seriously.

If you know your employees, you’ll be able to make the judgement when you should take the time to do a thorough process, but as usual, we’re always on hand to give advice or just our opinion. Call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

The last few days has seen storm Ciarán adding to the exceptional rainfall already brought by storm Babet a little over a week ago. Consequently some areas of the UK have suffered with substantial flooding and with the ground already waterlogged, we are likely to see further flooding as the excess water makes it's way to inland watercourses.

We're becoming more accustomed to persistent bad weather in the UK. The deluges seem to come earlier, are more severe and are more numerous as every year passes. It seems a good time to revisit the subject of adverse weather policies and taking a look to see if your needs updating or amending, particularly with changes in our working habits and practices.

The default rules for employers when it comes to adverse weather for businesses are :

• When a business is unable to open owing to adverse weather, but employees still make themselves available for work, then they should still be paid, as they are fulfilling, or attempting to fulfil, their duties under their contract of employment.
• Conversely, should your business remain open during adverse weather, but your employees are unable or unwilling to get to work, then there is no obligation to pay them.

Since Covid, however, we have all learned to apply some flexibility as well as some common sense and leniency. Also, many more of us now work at least partially from home; or at least have some home working provision available. When we find our travel plans disrupted by the weather then, taking the option to work form home seems the obvious choice.

Indeed, many employers might expect their employees to carry on working from home when there is disruptive weather and/or the business is unable to open. But where there are jobs that cannot be done at home and the business doesn't open, is that fair?

There's not going to be a one size fits all here, so its a good reason to formalise working arrangements with your staff during times of weather disruption, be that rain, flooding or snow. We don't necessarily have to go as far as a change to terms of employment. That would require a period of consultation anyway. But we might want to have an arrangement for when adverse weather hits.

Leaving the decision to work from home to the employees may backfire at a later stage. It might be difficult to argue against them working from home when they are due in the workplace if the have already been given the autonomy to use their own discretion.

It will save a lot of time and uncertainty if your employees are clear and confident about what they should do and what is expected of them should adverse weather strike. We strongly recommend that all employers have a robust Adverse Weather Policy in place that clearly lays out how the organisation will act in cases of adverse weather and how its employees should behave. It should lay out the options available to employees and should also include how employees pay might be affected.

If you don’t already have an adverse weather policy or yours needs updating, we recommend that you take the appropriate action sooner rather than later. We can’t do anything about the weather, but we can be prepared to manage what we do when it turns bad.

Let's not forget those businesses that don't have a working from home option. Adverse weather can have dramatic consequences. For a shop, restaurant, factory or warehouse, the effects are likely be significant . The financial implications of lost productivity and sales can be extremely damaging on their own, and that’s before we factor in damage and further losses caused by flooding.

For some businesses, adverse weather may make it too dangerous for employees to be working; roof-workers in icy conditions for example. Here, a “lay-off” clause might be an appropriate solution and these days it's something we build onto every staff handbook.

If you would like further help or advice regarding a review of any of your policies, contracts or documentation, or indeed anything else related to HR and Employment Law, just call us on 01452 331331 or drop us an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.