In April 2020, it became a requirement for all employees to receive a ‘Written Statement of Employment Particulars’. This is a document which needs to be provided on or before their start date with their employer.  In addition, employees who joined their employer before 6^th April 2020 can ask for a Written Statement at any time. On receipt of a request, employers must provide it to the employee within one month of their request.

The legal requirement

With this change it became a requirement that the Written Statement included certain terms and conditions. It is no longer sufficient to rely on a basic offer letter confirming job title, salary and start date.  The terms and conditions that must be included in a written statement are as follows:

• the employer’s name
• the employee or worker’s name
• the start date
• the date that ‘continuous employment’ started
• job title, or a brief description of the job
• the employer’s address
• the normal places or addresses of work
• pay, including how often and when
• working hours and days, or if it’s variable
• holiday entitlement, including an explanation of how its calculated if the employee or worker leaves the employer
• the amount of sick leave and pay applicable
• any other paid leave
• any contractual benefits
• any non-contractual benefits
• the notice period either side must give when employment ends
• how long a temporary job will last
• any probation period, including its conditions and how long it is
• if the employee will work abroad, and any terms that apply
• what training that must be completed by the employee or worker, including training the employer does not pay for

As an employer, you need to have all these terms detailed in Written Statements you issue to new joiners. You need to quickly define your current practices and policies.  That way you will be ready for requests for a written statement from existing employees who started prior to 6^th April 2020, as well as new hires.

In addition, the law allows for other terms to be provided at a later date, within 2 months of the employee starting. These other terms relate to pension arrangements, collective agreements, non-compulsory training (if provided), and disciplinary rules.

Benefits of providing a Written Statement

As well as the legal requirement to provide details of these specific terms of employment, there are benefits for both parties in having these points clearly written down.  Both parties will know and understand what to expect from the other, and what their obligations are.  This avoids ambiguity and inconsistency, which helps to prevent unnecessary problems or employment issues.  Doing this may also prevent potential allegations of discrimination if employees are treated differently (whether inadvertently or not).  Employees will feel secure in their relationship with their employer, which is more likely to develop trust and loyalty.

If you fail to provide the relevant documentation to your employees within the timelines specified by law, the potential penalty would be between two and four weeks’ pay.

Benefits of a Contract of Employment

The requirement under law is for a Written Statement of Employment Particulars, as detailed above, however many employers opt for a full contract of employment for their employees.  This is because in a full employment contract you can include terms which protect the business interests, for example clauses around confidentiality, post-termination restrictions, intellectual property and conflict of interests.  Having everything included in one comprehensive document also reduces administration time for the business, and provides clarity for the employee.

It’s important that employers are on the front foot when it comes to providing employees with details of their terms and conditions of employment as there are clear timelines to meet and clear advantages to providing this information.

If you would like to ensure that you’re protecting your business interests, and are meeting your legal requirements to provide employees with details of their terms of their employment, get in touch.

Stephen Covey’s The 7 Habits of Highly Effective People® has been referenced over many years.  First published in 1989, it’s been reissued multiple times since then, and has been adapted / spun out in to targeted versions, for example focussing on teenagers, families, journals, workbooks and card decks.  He continued to release books up to a year before he passed away in 2012, leaving a legacy of effective leadership principles.

What’s it about?

Covey seems to have had a genuine wish to help others and lead by example by closely following the principles of the habits himself. He provides practical advice, which requires us to look inside ourselves.  Reading the habits, we may already find that we’re on the right track.

What are the 7 habits?

There’s much more to the habits in the book, however here is a flavour of the 7 habits:

Habit 1: Be Proactive®

Take responsibility for your life. This habit encourages us to move away from blaming external factors and responding to them in a reactive way. We should use proactive language; I will, I can etc.  and our energy should be focussed on things we can control.  The first step is to build awareness of where we expend our energy now, so we can develop into a more proactive approach.

Habit 2: Begin With the End in Mind®

We will not feel successful, if we achieve things which are not where we wanted to end up.  We need to focus on what we want, and how we want to live, and then use the 1^st Habit of proactivity to get there.

Habit 3: Put First Things First®

This is where the 1^st and 2^nd Habits come together, and we can make decisions about what we will and won’t do.  We don’t have to do everything, it’s about choosing proactively what you will do, and prioritising accordingly. These decisions will be made based on our purpose, values and role, with the end in mind.

Habit 4: Think Win-Win®

Be co-operative and collaborative.  It’s a mindset which means that we seek mutual benefit with our solutions.  Covey identifies 3 character traits; Integrity, Maturity and Abundance Mentality (believing there is plenty for everyone). It doesn’t have to be either / or, both parties can ‘win’. Further character traits identified are empathy, confidence, consideration, sensitivity and bravery, which all underpin real Maturity.

Habit 5: Seek First to Understand, Then to Be Understood®

Communication is key, but this Habit is more focussed on listening, and really understanding others.  We all want to get our point across, but in doing so we may not listen to the other person properly.  This means we may miss their meaning or make assumptions, based on our own point of view.

Habit 6: Synergize®

This is about teamwork, being openminded and finding new solutions. This is best done with multiple contributors who all bring different insights and experiences.  The principle of ‘the whole is greater than the sum of the parts’ is in play here.  Valuing differences is important to achieve synergy. It might feel uncomfortable initially, as there may be disagreements, but the outcome will be more interesting and successful.

Habit 7: Sharpen the Saw®

This means preserving and enhancing ourselves in 4 different areas of life: physical, social/emotional, mental and spiritual.  We need to grow in each of these areas, for example through healthy lifestyle choices, making social connections, reading, learning, spending time in the natural world, music and art. By growing in these areas we become more able to deal with challenges, grow and continue to build on the other 6 Habits.

Although a lot of focus of adopting the 7 Habits has been on implementing these principles in leadership and management, they can apply to all of us.  After all, the title of the book is simply to make us highly effective people, whether you’re a junior executive or business owner.  If you’re new to a leadership role, read one of our previous blogs to get some practical leadership tips.

The media has covered situations where individuals have been disciplined, or had offers of employment withdrawn, as a result of posts they put on social media.  This was because posts in question were deemed to be ‘unacceptable’ to their employer or potential employer.

But, the posts were made from personal accounts, so why did these organisations take this action?  Surely it’s none of their business what an individual posts on social media. Especially if the post was private or there was no mention of the organisation in their profile or the post?

When does it matter?

Even if a post is from a personal account, the key consideration is whether it can be linked to their employment.  Or if it could damage the organisation’s reputation.  This issue needs to be considered properly and fully before action is taken.  Of course a post by an employee or applicant may not put your organisation in a particularly positive light. But it’s important not to take a disproportionate view of the damage or potential damage to its reputation.  The facts should be considered carefully, including:

• The employee’s role and seniority
• The nature of the social media post
• Whether the damage to reputation is actual or potential and if it’s a genuine risk
• Whether the employee has received a previous warning for similar conduct
• Whether the employee expressed regret at their actions?
• Are there any other mitigating factors to consider?

Organisations should ensure clear information and training is given to employees about the importance of the corporate reputation and image. There should also be a clear policy about the organisation’s expectations about employees’ use of social media.  It’s also important to have clear policies on equality, diversity and inclusion and conduct training in this area.  That way the organisation can demonstrate the their stance in these areas, and therefore how the employee’s actions are a direct breach.  A clear disciplinary policy and procedure is also important, ensuring it includes the types of behaviour and conduct that will be regarded as serious, or gross misconduct.

Rights of the parties

Obviously, individuals have rights under the Human Rights Act 1998, and the GDPR Data Protection Act 2018, so monitoring social media needs to be done with care, to avoid breaching these rights.  It requires a very careful balancing act to make sure the rights of both parties are protected.  Not easy.

When it comes to monitoring social media, it’s always best to have a very clear policy about social media and data protection, privacy and monitoring.  Equally important is ensuring these policies are within the principle of fair, lawful and transparent processing of personal data.  Generally, the most usual grounds for monitoring this activity will be legitimate interests. But again, this needs to be balanced against the individual’s rights and freedoms.  If the social media account is private, and there was an expectation it would remain so, then potentially the individual’s rights would override the organisation’s legitimate interests in monitoring that activity.

The organisation would need to articulate the purpose of the monitoring. For example, if it were to prevent sexual harassment, or ‘hate speech’, this might provide a legitimate reason.  A stronger argument might be reputation protection of the business, and minimising vicarious liability for the acts of an individual.  If the individual doesn’t have a private account and states the name of their employer on their profile, a clear connection can be made. If the named organisation were seen to tolerate posts of a discriminatory nature the reputational damage would be difficult to deny.

How do you deal with it?

If an employee puts a post on social media that is contrary to their aim to eliminate discrimination and hate speech, or which detrimentally impacts the organisation’s reputation, it should be treated as any disciplinary would.  The disciplinary policy should be followed as with any disciplinary issue.  The investigation and consideration of all the facts and impact on the organisation should be thorough. Any investigation conducted should be undertaken by someone other than the employee’s manager, or the person who will make the ultimate disciplinary decision.  Any action you take must be done within the ACAS Code of Practice for disciplinary and grievances.  Regardless of the severity of the alleged offence, employers should not dismiss an employee without following a fair process.

If one of your employees has made social media posts of concern, and you’d like advice, get in touch.

As a small business you might ask ‘why do I need HR?’ if you have a small headcount and everything seems to be going well.  An HR Consultant is often engaged to support and advise when there are employee related issues or problems. That might be a situation involving redundancy, a disciplinary, grievance or dismissal.  Of course, ensuring that these situations are dealt with correctly is very important.  We do our job, help you to resolve the issue and that’s that.  All good.  But there IS more to HR than troubleshooting of this kind, and it’s important even (or I would argue especially) for small businesses. The way your people are managed will have a direct impact on their success, and by implication the the success of your business.  In a small business where the headcount is under 50, each employee has a greater proportional impact on the working environment, the team, the success of the business and how well it functions.

What do I need to know about HR?

The Chartered Institute for Personnel and Development (CIPD), states that Human Resources Management (HRM) is:

“…the function within an organisation that focuses on the recruitment, management, and direction of the people who work in the organisation. HRM can also be performed by line managers.”

There are multiple stages in an employment relationship, some of which are included in the definition above.  If we look at this in more detail, the stages are:

Employees experience these activities during their journey with you, their employer. But you won’t positively impact the success of your people and your business without considering the ‘how’ in each of these areas. Let’s look at each stage in more detail:

Attraction

What skills, knowledge and experience do you need, and how will you attract these people in a competitive recruitment market?

Recruitment

What are your recruitment methods, and do they successfully identify if the candidates have the skills, knowledge and experience you need?  How many of your new starters leave before they finish their probationary period with you?

Onboarding

How can you ensure effective onboarding of someone into their job and the company, enabling them to become productive quickly and begin making a positive impact on your business?

Development

How do you develop your onboarded employees? What development and progression can you provide so that your people become better and better at their jobs and become the experts, managers or leaders of the future?  Or do people leave to get that development and progression?

Retention

How do you treat your employees while they’re with you? What can you offer them that will keep them loyal and engaged?  Or might they always be on the lookout for the next opportunity elsewhere?  How do you make sure you keep all the knowledge, skill and experience you have supported and developed from walking out of the door, reducing your ROI, and increasing your costs?

Separation

How do you treat leavers? Does that change depending on whether they’re a voluntary or involuntary leaver? What do your current employee population observe when others leave, and does that process feel dignified, respectful and make them feel glad they still work there?  Could your leavers be employees of the future, once they’ve gained other experiences, and would they want to return to you?

And the cycle continues…..

What should I do?

In short, the first stage would be to look at what you currently do.  Ask yourself and selected others 5(ish!) key questions:

1. Are your people processes efficient and effective for the business and your people?
2. What kinds of experiences do your employees have at the various stages of the employee lifecycle?
3. What kinds of behaviours do you value? Do you see these demonstrated by your managers and employees consistently in their interactions with each other?
4. What kind of employer do you want to be?  How does that link in with your brand marketing and PR?
5. How high is your employee turnover? How successful are your attempts to recruit new talent?

This is just the start of the process, and it will lead to further conversations and questions, no doubt.  Maybe this next year is the year you start to take a strategic approach to your people management practices?

If you’re asking yourself “Why do I need HR?” and you’d like more information, or if you would like support to look at any or all of these areas to make your business even more successful, get in touch.

What is unconscious bias?

Unconscious bias is a term which is commonly used in relation to equality, diversity and inclusion in the workplace.  In this blog post we try to demystify unconscious bias and explain what it really means.

Unconscious bias is an unconscious inclination or prejudice.  It can be referred to in the context of a ‘gut’ feeling, or instinct feeling people have. These feelings will be informed by experiences and influences during their lives.  There is usually no ill will, but it is nevertheless seen as an issue in workplaces.  This bias can influence business decisions, and can compromise an employer’s ability to be an inclusive and equal workplace.

From a legal perspective, the areas to be aware of are around certain criteria, which could be covered under the description of a ‘protected characteristic’ most commonly related to age, gender, race, religion/belief, disability, sexuality and marital/partnership status.

Unconscious bias around gender, for example is the way someone might assume that a pink clothing item is appropriate for a little girl, or that little boys play with trucks while girls will want a dolly to play with.  Or age bias might be that an older person is overqualified for a junior role they’ve applied for.

We’re all human, and our decisions are informed by our own experiences.  So if it’s just about being human, why is it a problem?

What’s the problem?

Put simply, not tackling unconscious bias, means that those experiences and influences informing our decisions will continue to harm certain groups or individuals, unchecked.  Being aware of our natural bias, means that we are more likely to look beyond the assumptions we may instinctively make about an individual or group, and prevent us from treating those people differently.   Ultimately if they are treated differently, or they suffer a detriment as a result, they may have a claim for (indirect or direct) discrimination.

Over time, employees who think they are treated differently due to unconscious bias, develop feelings of isolation and alienation, and feel uncomfortable being themselves. This would take its toll on anyone, and may also affect the organisation’s performance overall.  Employees who experience bias and prejudice often actively disengage and reduce their contributions, and ultimately seek a role elsewhere.

What are the benefits of tackling unconscious bias?

Equality, diversity and inclusion (EDI) is seen as an increasingly important part of what a business has to offer.  To be an inclusive employer means that employees feel welcome, valued and included. This in turn means team members will stay longer and be more engaged and productive.

Diversity in the workplace is a serious competitive advantage with immediate and tangible benefits. It ensures a variety of different perspectives and a variety of different skills and experiences.  It gives organisations access to a greater range of talent, potentially increasing creativity and innovation.

The best way to overcome unconscious bias, is to ensure people become more self-aware (and self-critical) about their decisions and behaviours.  This can be done via training in a variety of formats. Alternatively, you could develop some supporting systems and processes, to ensure decision makers at all levels are challenged in a safe setting.

You can find out more about the benefits of tackling unconscious bias and what approach works here.  And if you’d like some advice about EDI issues in your business, please do get in touch.

Mental Health Awareness week in the UK is an initiative introduced by the Mental Health Foundation.  In 2023, Mental Health Awareness week is from 15-21^st May and the theme this year is Anxiety.

Anxiety can affect people both physically and mentally. People may experience different symptoms, including increased heart rate, headaches and chest pains.  It can cause people to feel tense or nervous, making it hard to relax and detrimentally affect sleep and concentration.

Mental health is something everyone has, like physical health, and they are connected – you will have noticed physical symptoms of anxiety described above.  Equally, those experiencing physical health problems can experience declining mental health as a result.

Mental health at work

Your employees’ mental health problems have a big potential impact at work, for example:

• Increased absence from work
• Lack of concentration leading to reduced productivity
• Increased accidents at work due to lack of attention
• Increased attrition rates
• Poor morale and low-esteem in the workforce

It is estimated that cost to employers of poor mental health at work cost £56 billion per year [1], consisting of:

• absenteeism cost: £6.1 billion
• presenteeism cost: £24.8-£27.6 billion
• staff turnover cost £22.4 billion

So, if you consider the cost, investing in ways to support good mental health at work seems to be a ‘no-brainer’.

Promoting good mental health at work

Businesses can take small steps to support their employees’ mental health. Here are some ideas:

1. Talk to people in your team and get to know them, so you can notice any changes in their behaviour and demeanour.
2. In your regular 1-1s with your team, ask them how they’re feeling, if they have any worries or concerns, and respond constructively. Normalise that kind of conversation.
3. Encourage your staff to ‘switch off’ out of work, especially when it comes to accessing and responding to emails outside of working hours.
4. When addressing issues with your staff, make sure you deliver difficult messages in a kind and supportive way.
5. Consider introducing an Employee Assistance Programme which offers a confidential counselling support service.
6. If you operate as a remote business, think about introducing more face-to-face interactions with your team, or alternatively review the frequency of video / phone calls.
7. Encourage employees to take physical exercise, whether lunchtime walking or yoga, walking meetings, sponsored challenges, subsidised gym membership, volunteering days or competitive ‘step challenges’ between teams.
8. Introduce a ‘buddy’ system, where a colleague is allocated to an employee as an additional support. This provides another way for them to flag concerns.
9. Train some employees as Mental Health First Aiders, and provide regular training about mental health to all employees and managers.
10. Ensure your managers are meeting their team members regularly and providing feedback to them, not just via an annual appraisal system.

Mental Health problems affect one in four people in any given year [2] so if you have a team of 12 people, 3 of them may be struggling.  If those three employees are absent as a result, then that could have a big impact on your business.

If you would like help with supporting the mental health of your employees, get in touch here.

References:

1 – Source: Deloitte | March 2022

2 – Source: Mind.org.uk

Over the last 6 months mental health and wellbeing support has become a hot topic, as data emerges about anxiety and stress levels in the context of returning to work and to the workplace.

What do we know?

Some key statistics regarding mental health and wellbeing are coming to light:

• 72% or employers are planning to bring teams back to the office by mid-October ¹
• 33% of UK workers don’t have faith in their colleagues when it comes to hygiene protocols ¹
• 44% of workers are worried about sharing equipment ¹
• By end May 2020 calls to the UK’s national domestic abuse helpline had increased by 66% ²
• The number of adults experiencing depression has doubled during the pandemic ³
• 37% of people in the UK are suffering from high anxiety ³
• 22% of those with no pre-existing mental health issues now report having ‘poor’ or ‘very poor’ mental health ⁴
• 65% of those with pre-existing mental health issues report that those issues are now worse ⁴

In the context of these statistics, fears of a mental health crisis seem well founded.

What does this mean for employers?

There are potentially many ways in which the mental health crisis will affect employees, as people will have had very different experiences of the pandemic. Here are some of the issues your employees may be having:

• Job security – as more and more businesses announce job losses, anxiety about impending unemployment will be high
• Isolation – for some remote working has left them feeling isolated and de-motivated
• Mental and physical exhaustion – for many who had to balance work and childcare and/or home-schooling it has been extremely stressful and tiring, creating what could manifest itself as ‘burn-out’
• Personal relationship stress – spending such a long time in close proximity with partners may have put a strain on relationships
• PTSD and bereavement – for anyone who contracted the virus, there are reports of potential longer term mental and physical issues; and those who have lost loved ones may still be dealing with grief and feelings of guilt

Employees may find it difficult to focus, concentrate and  stay motivated and engaged. For those who are working from home for the foreseeable future, the feeling of being disconnected from their colleagues may continue. Without interventions, these issues could result in both a downturn in productivity and difficult and sensitive employee relations issues to manage.

Pro-active employers will definitely be on the front-foot if they can support employees through the next phase of the coronavirus pandemic and beyond.

Why should employers focus on mental health and wellbeing?

As well as the ethical and moral arguments for supporting employees who are struggling, there is evidence to suggest that wellbeing could increase productivity by 12% and that unhappy staff could be 10% less effective. ⁵

If employers do provide support for their employees, they would undoubtedly become more resilient. If issues arise at any point in the future those employees will be able to manage more successfully, leading to less employee absence.

Employers will also find that how they treat people during this time will define them and their brand. Being supportive will drive both loyalty and make them a more attractive employer for the best talent in the longer term.

From a practical perspective, if employers ‘catch people’ before they fall, they will avoid difficult employee absence issues which can be time-consuming and expensive to manage.

There is also the issue of the duty of care employers have for employees. Employers have a duty to minimise risk of health and safety issues, and this includes the risk of mental health issues. Risk assessments should be done, steps taken to minimise risk and these should both be communicated to employees to ensure employers don’t breach of health and safety regulations.

In addition, as mental health issues can be regarded as a disability, employers have a duty to make reasonable adjustments to accommodate and support those with mental health issues.

What can employers do?

There is a plethora of solutions to address the mental health and wellbeing. Here are some ideas:

Communication: Make people feel connected and find out how people are feeling.

• Conduct regular group and individual check-ins
• Hold virtual team meetings – peer or manager lead
• Create virtual ‘pub’ meet ups over video conference
• Appoint ‘check-in’ champions in each team who can re-create the ‘water cooler’ catch up moments

Line manager proactivity: Create a supportive environment.

• Be a sympathetic ear – not just focussing on work / outputs
• Train managers as Mental Health First Aiders
• Ensure managers are keeping up to date with how individuals in their team are coping
• If returning to workplaces is causing anxiety, ensure managers are discussing options and solutions to help address those anxieties
• Communicate with employees to reassure them about what the company is doing to minimise risks

Update or create a Mental Health and Wellbeing Policy

Re-visit your existing policy and update it to account for issues created by the coronavirus pandemic and different norms relating to work and workplaces. This will create the framework within which the business will function in this area, and create consistency.

Research, propose and implement a variety of support ideas to tackle the variety of issues people may be experiencing, to cover physical health, diet, financial health as well as mental health and wellbeing. All of these factors play a part in keeping employees healthy in body and mind.

If you would like to discuss support you could put in place for your employees, get in touch with Helpful HR here.

References:

1 – Solopress Survey via HR Review: https://www.hrreview.co.uk/hr-news/workers-fear-returning-to-work-due-to-colleagues-lack-of-hygiene/126356?utm_source=Gatormail&utm_medium=email&utm_campaign=HR+Daily+Friday+-+17-07-2020&utm_term=Government+bury+its+%27head+in+the+sand%27+in+response+to+House+of+Lords+IR35+report&utm_content=108317&gator_td=o3G5kc7rW2VpP8pLbvvPKX8i65b%2blZYHTpgu38q3MGha0tK5Q3sXgBaP1prmh6Uahsujuoe2CuGf6B3yFqphtXubssiphNgkvdH1KnKkAGx3lvuNf7CA%2bu8sK%2bvpNvjxNCLDEd8aOmaV9F4yS%2bf%2f2pCjx64K0MeyKpb1VszBRbl53pQV6Ng3a%2fnLQ8Dir5b9XfQusRxJpXxh1CL8mZhbHg%3d%3d

2 – Independent: https://www.independent.co.uk/news/uk/home-news/domestic-abuse-lockdown-reports-school-reopen-coronavirus-a9703926.html

3 – Office of National Statistics via People Management: https://www.peoplemanagement.co.uk/experts/legal/supporting-workers-mental-health-during-covid?utm_source=mc&utm_medium=email&utm_content=pm_daily_03092020.Employment+law%3a+Supporting+workers’+mental+health+during+Covid&utm_campaign=7295441&utm_term=1115500

https://www.peoplemanagement.co.uk/voices/comment/employers-must-act-restore-workforce-mental-health?utm_source=mc&utm_medium=email&utm_content=pm_daily_24072020.Opinion%3a+Employers+must+act+to+restore+their+workforce’s+mental+wellbeing&utm_campaign=7295441&utm_term=1115500

4 – Mind via People Management: https://www.peoplemanagement.co.uk/voices/comment/employers-must-act-restore-workforce-mental-health?utm_source=mc&utm_medium=email&utm_content=pm_daily_24072020.Opinion%3a+Employers+must+act+to+restore+their+workforce’s+mental+wellbeing&utm_campaign=7295441&utm_term=1115500

5 – University of Warwick study in 2015: https://warwick.ac.uk/newsandevents/pressreleases/new_study_shows/

 

As an employer it’s important to know of any forthcoming employment law changes. Being aware of the changes ensures you can prepare for them and protect your business from any legal claims. Here’s a rundown of the changes taking effect from April 2020.

Introducing parental bereavement leave

An Act passed in 2018 has resulted in the introduction of parental bereavement leave to provide support for bereaved parents. The leave will be available to parents who lose a child under 18, or suffer a still-birth in the later stages of pregnancy.

What is it?

Employees will be entitled to 2 weeks leave, and employees with 26-weeks continuous service will also be entitled to pay at the statutory rate. This leave is separate from the statutory right to unpaid time-off in an emergency, and compassionate leave which is discretionary.

Action to take

Employers should take the following steps, prior to April 2020:

• review your current leave policies and decide if you will follow or exceed the minimum requirements of this legislation;
• review and update policies and handbook to include this entitlement, as well as any other policies which may benefit from this information (for example, any family friendly policies);
• consider if you need to review and update other content in your handbook, and
• review and update your contracts of employment, so they are fit for purpose.

More information

Changes to written statements of particulars of employment

The current law states that written statements must be issued by employers to their employees within 2 months of their start date.  The new law will require employers to give all workers (not just employees) a written statement on or before their start date. In addition the written statements must include:

• the hours and days of the week the worker /employee is required to work, if they are varied and how;
• any details of a probationary period;
• their entitlements to paid leave;
• any details of training provided by the employer and
• other benefits not covered elsewhere in the written statement.

Action to take

Employers should take the following steps, prior to April 2020:

• be aware of exactly what needs to be included in the written statement;
• know about any other information which needs to be provided to employees in writing;
• ensure you have a template statement / contract of employment which is ready to use, should you need to make a new hire and
• review your current written statement / contract of employment to ensure it complies with the new requirements.

More information

Increase in the holiday pay reference period from 12 weeks to 52 weeks

The reference period for calculating holiday pay for workers with irregular hours will change. Employers will need to look back over the past 52 weeks for the purposes of calculating holiday pay.

IR35 changes for the private and public sector

The public sector IR35 reforms will be extended to cover medium and large private-sector employers. This means that responsibility for determining if IR35 applies to independent contractors will shift to the organisation, not the individual. Employers should review whether they fall in to the category ‘medium’ or ‘large’ employer and then review their contractors and pay arrangements to determine how the new rules will affect them.

More information

If you’re concerned about what these employment law changes mean for your business and need help in preparing for them, please get in touch with Helpful HR.

 

 

In a tough economic environment employers may conclude they need to reduce headcount and make some redundancies.

If that’s the case, there’s a statutory process to follow before making people redundant. It’s important to get the process right to avoid unnecessary disputes or Employment Tribunal claims for unfair dismissal.

Here are some key points to remember if you think you need to make redundancies.

Make sure it’s a genuine redundancy

Redundancy is about the role, not the person. The redundancy process should never be used to dismiss a specific employee in place of performance management and a disciplinary process. A redundancy is only genuine if it fits within one of the following descriptions:

• • the employer ceases to carry on the business in which the employee was employed,
  • the employer ceases to carry on that business in the place where the employee was employed,
  • the needs of the business for employees to carry out work of a particular kind cease or diminish, or
  • the needs of the business for employees to carry out work of a particular kind in the place where the employee was employed cease or diminish.

Preparation is key

Once you have established the reason for the redundancy of a role, prepare some notes for the consultation process. These notes should include key information you need to communicate:

• • why you need to make redundancies,
  • which jobs are at risk,
  • how employees will be selected for redundancy,
  • the number of people who could be involved,
  • how you plan to carry out redundancies,
  • how redundancy pay will be calculated and
  • details of any agency workers at the company

Fulfil your obligations

Establish the timeframes within which you need to consult and whether you need to consult a trade union, or elected representatives. If you plan to make more than 20 people redundant within 90 days you will need to do collective consultation, so it’s important to know your obligations.

Plan for the process

Prepare your notes and make sure you know the timeframes and consultation requirements. It can then be helpful to create a communication plan for the consultation process. The plan should include details of the consultation with potentially redundant employees as well as other team members who may be affected by the changes.

Make proposals

When the consultation is complete, a redundancy can be confirmed. True consultation involves listening to alternative ideas to avoid redundancies, considering any contractor or agency worker roles instead and redeployment opportunities within the company. It’s also important to ensure the affected employees fully understand the reasons for the consultation and what it means for them specifically. Prior to consultation being completed any redundancy plans should be presented as proposals, subject to consultation.

 

If you’re making large-scale redundancies, it can result in a long and complex process, but whether it affects one employee or 50, it’s still important to get it right and consider their rights and how the news will affect them. Good planning and communication is key.

We work with businesses during difficult times and help to take away the worries about getting it wrong, so if you’re business needs to make these difficult decisions, get in touch with Helpful HR.

The ‘gig’ economy has been centre stage recently in the news and has caused confusion around individual’s employment and tax status.

Recent cases

Uber is adamant its drivers are NOT employees. However, an employment tribunal  concluded they are, ‘workers’.  Addison Lee  also had a recent employment tribunal judgement, which came to the same conclusion.

The consequences

These cases demonstrate the pitfalls of getting it wrong, on a large scale. The judgements of the tribunals have definitely provided Uber and Addison Lee with bucketloads of negative PR.  They also have the administrative headache of changing their status, backdated rights to holiday pay and the National Living Wage. There’s also a strong chance that HMRC will collect backdated employer’s tax contributions for all of their newly defined workers.

How to establish status

In order to avoid the same problems as Uber and Addison Lee, employers are well advised to make a proactive and honest assessment of people they hire and ask the following:

• Does the individual work off-site?
• Are they using their own equipment?
• Is there a mutual obligation about you offering work and the individual having to accept work when offered?
• Does the individual regularly work for other companies?
• Can the individual send someone else of their choosing by way of a substitute, to carry out the work?
• Does the individual control how or when the work is completed?

If the answer to one or more of the above questions is ‘no’, the individual you’re hiring is probably not self-employed. If you treat them as self-employed, in the long-term you may very well come up against some difficult and costly issues.

We can help

If you need any advice or support on determining the employment status of individuals working for your company and what it means, get in touch with Helpful HR.