The Employment Status Conundrum

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.

What does being a ‘Manager’ mean?

I’ve come across several situations where a team, or individual members of a team, are suffering with low morale and poor performance. They’re on a downward spiral as not enough care and attention has been paid to the management of that team and the individuals within it.

Some managers genuinely think their Human Resources department are there to line manage each employee in the business. They don’t feel HR is part of their role and concentrate on providing functional business leadership.

Managing people as well as a function is not easy. As a manager you have several things to think about and probably several people, all with different needs and abilities. The role of HR is to help and guide managers through this aspect of their role and it’s a constant learning curve.

Top tips for successful management

I’ve come up with some ‘top tips’ for managers to help them flourish as a truly good manager:

GET TO KNOW YOUR TEAM.   You may think you know them, but have you spent any quality 1-1 time with them?Do you really know who they are, what they do, what they want to do and what they think of what they do? Regular 1-1s are invaluable and should be in the diary at least monthly.

ADAPT YOUR STYLE.   Remember that as the manager it’s your responsibility to adapt your management style to get the best out of your team. It’s not their job to adapt to you.

MANAGE PERFORMANCE.   Make sure you ask people in your team what they think of their performance. Ensure  you discuss and agree with them what their specific objectives are, and when they are expected to achieve them.

COMMUNICATE.   Ensure you communicate any non-confidential management and financial information to your team. This can include any information you think is relevant, useful and of interest. No-one really complains about being given too much information.

CELEBRATE DIVERSITY.   Accept and ENJOY the fact that you have people in your team with different goals, skills, experience and beliefs. Provided you’re all working to the same departmental goals, it’s a benefit to have such diversity within the team, so draw on it.

PROVIDE CLARITY.   Ensure that everyone in your team knows what their role is, what the boundaries are, where they have authority and what you expect of them.

This isn’t a definitive list, but it should set you up for success as a manager. If this doesn’t work, or you have a more specific need then that’s what your manager is for, to provide you with guidance.

If you advice and support to grow and develop to become the best manager you can be, get in touch. We can’t do the job for you, but we can definitely help!