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.

According to figures released this week by the Office for National statistics, UK vacancies for the last quarter fell to below 1 million for the first time since the May to July 2021 quarter. However, at 988,000, this is still not a time for employers who are looking to fill jobs to be complacent.

Businesses are still scrambling to attract, recruit, and retain talent, and we are once again referring to the importance of effective induction programmes for new employees which remain as crucial as ever. No longer a mere formality, inductions have evolved into a strategic tool that can determine an employee’s decision to stay with an organisation, and thus becoming a major factor in an employers brand.

Integration into Organisational Culture

One of the foremost benefits of a well-crafted induction programme is its effect of swiftly integrating new employees into the company's ethos and culture. With the high number of vacancies, businesses are competing not only to fill positions, but to ensure that the new recruits are aligned with the company’s values and goals. A comprehensive induction process provides an overview of the company's mission, vision, and values, fostering a sense of belonging and purpose from day one.

Reduce Employee Turnover

With recruitment and training costs being substantial, high employee turnover will be a financial drain for businesses. There is also a drain on other resources within the organisations as vacancies need to be covered by others and the actual recruitment process itself draws individuals away from other, more productive roles. A thorough induction programme helps employees to understand their role, reduces the initial uncertainty, and sets clear expectations. By making the transition smooth and welcoming, businesses can significantly reduce early resignations and thus, save on associated costs.

Enhanced Productivity

A structured induction process reduces the time it takes for a new employee to become productive. Instead of spending weeks or even months trying to figure out their role, access resources, or understand the company's systems, a guided introduction allows them to hit the ground running. Given the high number of vacancies, businesses cannot afford prolonged periods of sub-optimal productivity.

Improved Employee Morale and Engagement

New employees, especially when entering organisations with high vacancies, can feel overwhelmed or isolated. A well-thought-out induction programme acts as a support mechanism. By connecting them with peers, mentors, or buddies, new hires are more likely to feel valued and engaged. Higher engagement often translates to improved morale, better performance, and increased loyalty.

Competitive Advantage in Talent Acquisition

In a social media dominated world, word spreads fast. Companies known for excellent onboarding and induction put themselves in good stead to attract more talent. Prospective employees, aware of the current job market scenario, are more likely to be drawn to organisations where they believe they'll receive proper training and support in the initial phases of their employment.

Compliance and Risk Management

With a high vacancy rate or when positions have been vacant for a long time, filling them quickly can sometimes overshadow the importance of compliance training. Effective induction programmes ensure that new recruits are aware of the company's policies, legal obligations, and safety protocols from the outset. For most companies now, GDPR for example, plays a part. A thorough induction not only protects the company from potential legal issues but also ensures a safer and more compliant working environment.

In a competitive market, businesses that invest time and resources into crafting comprehensive induction processes will reap the benefits in terms of productivity, loyalty, and reputation. HR Champions can support the design of an effective induction programme. Call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

A rise in the number of enquiries we have received regarding redundancies lately may be the first indication of the fact that higher interest rates are beginning to take their toll on businesses; potentially signalling a slowing of the economy. The Bank of England’s tactic to raise interest rates is designed exactly to reduce household disposal income and therefore spending, and ultimately inflation. The downside will always be that some businesses suffer.

Of course, higher interest rates are a double whammy for businesses that also rely on borrowing, as those costs automatically rise too. Most affected businesses will have already taken steps to cut costs and so further savings are likely to be at the expense of jobs.

Making the decision to cut jobs is a tough call. Nobody wants to put people out of work, but if a business is lean and streamlined in every other area, then job losses might be the only option to ensure its longer-term survival; hopefully putting the business in a position from which it can regrow and rebuild.

When job cuts are unavoidable, organisations have legal responsibilities and guidelines to adhere to of course. Getting the process wrong could lead to a tribunal claim and having to pay a hefty award to an ex-employee defeats the object of the whole, cost-cutting exercise.

Job losses usually start with those who have less than two years’ service as immediate cost implications are minimal, however we should still ensure that a fair, transparent and reasonable process is followed. This doesn’t necessarily mean that those with shorter service are the least valuable they may be cheaper to lose but could cost you competitive advantage if they have the skills that you require for the future, so keep your selection process considered.

Where redundancies are involved we must remember is that it is positions that are made redundant and not people. Therefore, where a position or job role is identified as being redundant and more than one person is currently employed to fulfil it, implementing a fair selection process, coupled with the appropriate consultation period for the numbers being made redundant, is non-negotiable. The same role may be carried out at different sites so potentially all of those employees may have to be put in the redundancy pool.

We recommend a ‘selection matrix’ scoring system for those employees who are to be put at risk of redundancy. Points are awarded for each requirement of the position in question such as relevant skills, qualifications, track record and experience. This takes some of the emotion out of the process, providing a more statistically derived result.

The scoring could include minus points for poor sporadic attendance and any history of disciplinaries, so your most committed staff stand the better chance of keeping their jobs. The lowest scores are those who are dismissed. One should of course always be mindful of attendance issues that could be associated with a protected characteristic.

As a guide to help steer you clear of some common redundancy pitfalls, here is a list of key considerations. However, if a restructure looks like it’s on the cards however, you should speak to us for specific and more detailed support:

• Give full and careful consideration to your business case rational and which employee groups are at risk
• It is not an easy process for you or your staff, so getting the communication strategy right, including a consistent message, cannot be overstated
• Remember it is always the position that is at risk of redundancy, never the person
• You’ll need to formally open a consultation for two to three weeks. Longer if more than 20 jobs are at risk
• Design a fair and transparent selection procedure that stands up to scrutiny
• Conduct meaningful 1-2-1 meetings; preferably face to face and if your using technology, find a platform that allows this
• Employees have a right to request representation at all 1-2-1 meetings. This can often be helpful for both parties
• Once consultation is closed and you’re giving formal notice of dismissal hearings, be sure to follow the correct procedure including adequate notice, the right to representation and the right of appeal
• You don’t have to have all the answers on the spot. It’s OK to come back later
• Keep notes of all discussions with staff, and send confirmation

If redundancies look inevitable, we recommend that you don’t delay. Putting off those tough decisions will mean your business continues to lose money making it less sustainable for employees who remain. By acting quickly, you’ll also avoid the stress that is caused by uncertainty.

We have a redundancy pricing matrix structure available here, so you can see the potential costs in engaging us to support you should the need arise. We also have a range of documents available in our toolkits.

We're available to provide support at various levels and as we mentioned, if redundancies look inevitable, don't delay. Call us on 01452 331331, or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

Whilst exhibiting at the World of Learning Conference this week, we spoke to dozens of delegates and visitors from an array of businesses spanning many different sectors. Well, that was the point of being there. Despite the variety of backgrounds and businesses represented, a theme kept recurring during many of the conversations; that of the issues created by accidental managers.

Predictably, most attendees at the conference were involved in training, development and HR within their organisations. However, many expressed frustration at the lack of planning their own organisations undertook when rewarding good performance by individuals with promotion to a position that entailed supervising or managing others.

The rise of the accidental manager is something we have blogged about in the past and it clearly remains a significant issue. Individuals, often exceptional in their primary roles, find themselves elevated to managerial positions not based on their leadership abilities but rather their performance in a particular field. This path, while initially seeming like a just reward for dedication and talent, can lead to significant challenges for both the individual and the wider organisation.

Examples can be seen across a range of industries. For instance, an excellent software developer whose code is error free, develops innovative solutions and leads their peers in productivity might get promoted to ‘lead Developer’ or ‘Development Manager’ in recognition of their contribution to the company.

Suddenly however, their daily tasks shift from coding to managing a team: setting objectives, handling conflicts, offering feedback, and ensuring project deliverables. Yet, this person has never been trained in these managerial tasks. Their brilliance in coding doesn't automatically translate to ability in management. They have become an accidental manager.

The crux of the issue is that technical expertise and managerial skills require distinct and separate sets of skills. Being a whizz in sales, engineering, or design doesn't mean someone can effortlessly handle team dynamics, set clear expectations, or foster a motivating work environment. These skills, which we would consider vital for successful and productive management, rarely come naturally. They require training, experience, and often, a natural propensity.

The consequences of not recognising this can be very damaging. Typical consequences include:

• Employee Dissatisfaction: A manager ill-equipped to handle team dynamics can inadvertently create a toxic work environment. Miscommunications, favouritism, or simply the inability to provide constructive feedback can lead to disillusioned teams.
  
  
• Decreased Productivity: Without clear direction and objectives, teams can flounder. A manager's role is not just supervisory but also directional. The absence of clear leadership can adversely impact team output.
  
  
• High Staff Turnover: Consistently poor management is a frequent reason employees leave companies. The cost of hiring and training new employees is substantial and diverts resources, making high turnover rates a significant concern for businesses.
  
  
• Personal Burnout: For the accidental manager, the sudden and unexpected challenges can lead to overwhelming stress and burnout, affecting both their professional and personal life.

Addressing accidental manager syndrome is crucial for the health an prosperity of businesses. Organisations should consider:

• Tailored Training Programmes: Upon promoting an individual to a managerial role, and preferably prior to promotion, businesses should offer training focussed on leadership, conflict resolution, and team dynamics. Our ILM Level 2 Certificate in Leadership and Management is a perfect solution here.
  
  
• Mentoring: Pairing new and potential managers with seasoned leaders can provide them with invaluable insights and guidance; not only in managerial skills but in the nuances and dynamics of the particular organisation.
• Feedback Mechanisms: Regular and genuine feedback from their teams can help new managers understand areas of improvement. The organisation must offer support and solutions for addressing any shortcomings of course.

Whilst promoting top-performing employees seems like the logical next step, businesses must recognise the distinct skill set managerial roles demand. With proper training and support, accidental managers can transition to intentional, effective leaders, motivating their teams and ultimately contributing to the overall success of the organisation.

Planning the appropriate path for your new and potential managers means you can talk to us about training them for career progression rather than about how to exit them from the business after six months for underperformance. Call us on 01452 331331, or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

Our HR and Employment Law helpline has proven to be quite a reliable bellwether over the years of current and imminent issues that employers are facing. Over the last week, the most consistent topic for support calls has been Covid. A number of clients from a variety of industries have had a rise in absences with Covid cited as the cause.

The ONS has stopped reporting on Covid cases since March this year but the Government has responded to the obvious need in making health information available to the general public; particularly after the high number of flu cases last year. At the end of September 2023, the UK Health Security Agency launched the Covid and flu Dashboard for England.

Judging by the number of queries we have dealt with recently, the timing for the launch of the new dashboard couldn’t be better. Indeed, the dashboard reports an increase in Covid cases of 29% in the last seven days.

With a rise in Covid cases practically an inevitability, we thought it a good idea to recap on employer responsibilities regarding the disease. Now that most of the country has been vaccinated, Covid doesn’t hold the ‘status’ it once did so it’s important that employers are aware of the position as there may actually be a tendency to overreact.

Firstly, as in all cases regarding health and wellbeing, the overriding consideration is the employer’s duty of care. We must be mindful of our responsibility to protect the health, safety and welfare of our employees and other people who may be affected by our work activities. Employers must do whatever is reasonably practicable to achieve this.

Guidance remains unchanged in that people who test positive or who have Covid symptoms should try to stay at home and avoid contact with other people for 5 days. They should also avoid contact with those that are higher risk from Covid for 10 days. This period starts the day after a positive test or when symptoms began.

Covid is notorious in that it affects people in different ways. Some people only suffer mild symptoms whilst others can feel quite poorly. If an employee has the option to work from home then our recommendation is that they can do so if they are genuinely well enough. If an employee is too ill to work for sustained periods or, say, to attend a meeting on Zoom or Teams, then they should declare themselves as sick and should not work.

This goes for all illnesses. Sickness absence is there to enable the ill to rest and recover. Working whilst not well enough to do so may only exacerbate the condition or prolong it. Indeed, some studies suggest that cases of Long-Covid are higher where infected individuals haven’t rested.

If an employee with Covid works in an environment where home-working isn’t an option, in a factory or on a construction site for example, and that person feels well enough to work, then the employer should have a stance that they stick to consistently. This might include allowing them into work whilst taking suitable precautions such as alerting all other workers and wearing a mask.

With the continuing tough economic climate, employees are likely to want to avoid being off sick as they will miss out on pay. They may be however, potentially putting their colleagues, customers, and your business continuity at risk. On the other hand, employers may struggle if they are short staffed.

Where there are vulnerable individuals in the workplace and cases of Covid are known, the vulnerable could be offered home working where possible or offered a segregated area to work in. Vulnerable individuals should also be taking their own measures.

Covid remains a highly transmissible disease that poses a significant risk to business continuity when it is identified in the workplace. To summarise, our advice therefore is:

• If a person has Covid symptoms or tests positive, they should work from home where this is possible to act in line with current Government guidance and for at least the 5-day period.
  
  
• If an infected employee’s position is one where they are able to work from home, but they are too ill to work, then again, they should be on sick leave. Their absence should be used to rest and recuperate.
  
  
• If the infected employee’s job is one where they are not able to work from home, but they feel well enough to work then they can come into work should their employers policy allow it.
  
  
• Employers who allow Covid positive individuals into the workplace potentially put their colleagues at risk (particularly the vulnerable which includes those who are pregnant) and expose themselves to having more employees being sick.

In terms of sick pay, Covid is now treated in the same way as any other sick absence and the normal sick pay rules apply. This includes waiting days prior to SSP being activated, but of course company sick pay, where it is paid, will have different rules depending on the employer.

We think this should cover most scenarios but if you have situation that isn’t covered here, were available to help on 01452 331331 or via email e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it.

This week, research by the Chartered Institute of Personnel and Development (CIPD), which analysed rates of absence in more than 900 organisations, reported that sickness absence in the UK is currently the highest it has been for a ten years. On average, staff took an average of 7.8 days sick in the last year, up from 5.8 days pre-Covid.

The numbers underscore the impact of external influences such as the aftermath of the pandemic and the ongoing cost of living crisis. Such an increase in absences, largely attributed to stress and anxiety, carry profound implications not only for the employees directly affected but for their colleagues and ultimately the employers.

Whilst Covid is still very much amongst us, and we are continuously informed of potential new strains whose impact is as yet unknown, we cannot attribute the spike in sickness absence purely to the virus. Apart from people being physically affected by the virus, the ongoing psychological and emotional toll has been profound. Changes to work environments, personal relationships, and general uncertainty have amplified feelings of stress and anxiety for many.

Moreover, just as we seemed to be moving towards recovery, the cost of living crisis has reared its head. For many UK residents, the basic act of making ends meet has become a relentless source of pressure. With increased prices on essential goods and services, paired with stagnant or even reduced income in many sectors, financial stress has become a constant backdrop to daily life.

The relationship between financial wellbeing and mental health is well-documented. A tough economic position goes further than disposable income and can result in disrupted sleep, strained relationships, and reduced capacity to handle other life stresses.

As employers, we must take note of our employees’ wellbeing to overt the potential business impact that sickness absence threatens, such as:

• Reduced Productivity: Obviously, with employees absent, tasks get delayed, and overall productivity diminishes. This can be particularly challenging for smaller businesses where every team member plays a pivotal role.
• Financial Strain: Businesses often face direct costs due to employee absences, be it in the form of sick pay or hiring temporary staff. Moreover, the indirect costs, such as lost sales or reduced service levels, can exacerbate the financial effect.
• Team Morale: Regular absences can place added pressure on the rest of the team, leading to overwork and, consequently, even more potential sickness absences, setting off a vicious cycle.
• Reputation: In client-facing roles or businesses where meeting deadlines is paramount, frequent absences can impact client or customer satisfaction, potentially tarnishing a company’s reputation.

Clearly then, doing more in attempting to avert instances of sickness absence in their own organisations can only be beneficial for employers. Some pro-active steps to consider include:

• Prioritising Mental Health: Instigate mental health initiatives and support within the company. You may already have insurance or a group health scheme that provides ancillary counselling services. Look up our own mental health training courses too.
• Flexible Work Arrangements: Laws around flexible working will be changing soon so don’t get caught out and maybe be a little more pro-active in your approach.
• Open Communication Channels: Create an environment where employees feel comfortable discussing their challenges. This can help in early identification of potential issues and allow timely interventions. Confidentiality is crucial here.
• Financial Guidance: Given that the cost of living crisis is a source of stress for many, offering financial literacy workshops or providing resources for personal financial management can help alleviate some concerns and help employees to plan.
• Regular Check-ins: Managers should regularly check in with their teams, not just about work, but also about their well-being. Understanding the personal and professional challenges they face can aid better overall support.
• Training for Leadership: Equip leaders and managers with training to identify signs of stress and anxiety in their teams. Again, our Mental Health for Managers workshop is a good starting point.
• Encourage Breaks: Something as simple as promoting a culture where taking short breaks is normalised can have surprisingly positive outcomes.

Stress and anxiety-related sickness absences poses a continual challenge for UK businesses. However, with a proactive and empathetic approach, employers can make strides in not only reducing these absences but also fostering a healthier and more supportive work environment.

We offer a range of solutions that can support you with this. Just get in touch for a conversation about what we can offer you. Call 01452 331331 or email supportThis email address is being protected from spambots. You need JavaScript enabled to view it.