Is It Legal To Monitor Employee Behaviour?

Home | Archives for January 2018

In a recent case, it was held that the covert surveillance of employees by their employer, who set up CCTV cameras to monitor suspected thefts, was an infringement of those employee’s rights to privacy.

Employers looking to monitor the conduct of their employees – particularly those using covert recording – should consider their actions carefully, particularly in light of the requirements of the General Data Protection Regulation (GDPR), which becomes law on 25 May 2018.

Read the full article by Mark Stevens, VWV

Narrow Quay HR are specialists in advising HR Directors, Managers and Business Leaders in all forms of employee rights, engagement and management. Contact us to discuss your needs.

Handling Difficult Conversations

Home | Archives for January 2018

Handling Difficult Conversations

Anyone in a role managing staff within their organisation will need to be handling difficult conversations from time to time. Whether it’s talking to someone in your department about their work not quite being up to standard, managing team dynamics or dealing with a difficult personal matter that someone wants to talk to you about, conversations which may make you feel uncomfortable can’t be entirely avoided. In fact, they are a key part of strong line management and leadership. So, how can you deal with them in a more effective way?

The first step is to ensure that you are the right person to have the conversation with the member of staff. Should it be dealt with by a line manager, referred to HR or perhaps to a more senior manager? Assuming you are the right person, don’t avoid having that difficult conversation or put it off, tempting as that might be.

These are often very important discussions to have and delaying them, or, avoiding them altogether, can cause real problems. Not addressing an issue when it arises, can give the employee the impression that it’s not that important. It can also lead to low staff morale if the issue relates to a team problem. In an appraisal context, appraisers are often keen to focus on the positives and avoid having any conversation about areas which could be improved. This can mean that poor performance can go unaddressed for years, with appraisal records showing only glowing reports. At the point at which the performance needs to be tackled, this can cause real problems for employers.

Difficult conversations can be uncomfortable because they take us out of our comfort zone. They may not go as we plan or people may become upset or confrontational.

Good preparation is key.

Check the facts relating to the issue you want to discuss, and check any relevant policies or procedures. Make sure you have the necessary support from HR or your line manager if you need it. Take control of the discussion, and set the agenda. Communicate the issues and give examples and evidence to support what you are saying. Make sure the member of staff has the opportunity to respond and try to give effective and objective feedback. Try to keep calm, even if the staff member becomes emotional. Be professional; while it can be appealing to approach these discussions as a friendly colleague, and of course you do need to be understanding in your approach, it is best to approach in a professional manner.

Take notes and highlight any actions that will need to be completed after the meeting.

It is important to recognise that emotions are likely to be involved; both the employee’s and yours. It may be difficult to predict how the staff member will react. They may be angry, or they may become upset. Similarly, recognise that your emotions may be involved in this, but stay as calm as possible.

It is critical to try to end the discussion with a plan for the way forward. This will set boundaries around the issue in hand. Discuss the options with the member of staff, make a decision and agree on follow ups or reviews and where appropriate, a date and time for a further meeting.
Narrow Quay HR can help you and your line managers to deal with difficult conversations by offering training sessions on this and other essential HR topics for line managers.

For more details, please get in touch.

What’s New In Employment in 2018

Home | Archives for January 2018

Employment : What’s new in 2018, after 2017, a significant year for employers and employees, with the Taylor Review and the Supreme Court’s ruling on tribunal fees taking centre stage.

Employment status will continue to be a hot topic in 2018, with individuals designated as self-employed by their employer seeking the protections offered by worker or employment status. We expect the Government to provide a response to the Taylor Review on modern employment practices and this is likely to impact those working in a gig economy industry.

The ECJ’s decision that workers who are wrongly informed they are not entitled to holiday pay can carry holiday rights over indefinitely and also be paid in lieu for any untaken holiday during their entire period of employment on termination. A Court of Appeal decision will be highly relevant to those who have been classified as self-employed during a contract but are then subsequently shown to be workers or employees.

In April, the first of the mandatory gender pay gap reports for large private and voluntary sector employers will be due. This follows the obligation on large employers to publish an annual report containing data on their gender pay gap, which was introduced last year. Public sector employers that fall within the remit must report by 30 March 2018.

Of course we will also see the introduction on 25 May 2018 of the new EU General Data Protection Regulation (GDPR) which covers a host of changes in regulations regarding the collection and holding of personal data. Some of the considerations include, but are not limited to:

  • greater penalties for non-compliance
  • increased requirements around record keeping and reporting
  • the requirement to include additional information in privacy notices and contracts with data processors
  • increased information security
  • a far narrower definition of consent
  • changes to the rules around the handling of subject access requests
  • new rights for individuals in relation to their data

Get in touch with us to discuss your current and future employment challenges. We’d be delighted to help.

Hearings and Public Sector Employee Investigations

Home | Archives for January 2018

Employee investigations and hearings are a regular challenge for HR professionals in the public sector.

These activities form a core element of our HR Consultancy practice.

To begin we ensure we focus on our client as an individual, because whatever the size of the organisation, the needs for HR support are always best initially served at personal level. We combine our expertise, genuine teamwork and client commitment into a blend of services that set us apart, and this is why we’re confident that we always deliver the most effective HR support to our public sector clients.

Investigations into complex grievances or disciplinary matters are invariably time consuming and take key people away from their core responsibilities. This is where we can step in and conduct investigation work, sensitively and efficiently.

We carry out investigations, interview witnesses, gather evidence and prepare investigation reports, attending resulting disciplinary and grievance hearings as the investigating officer, as the need arises.

If our clients have resourced the investigation in house, we can provide support with other stages of the process. We can provide on-site HR support and guidance to panels hearing grievance, disciplinary or capability issues. If it’s appropriate we can also act as a panel member, if this is needed because of the nature of the particular case.

It is important to understand ACAS guidance in carrying out investigations as these suggest that independent representation and involvement is important:

“Key points

  • An investigation is a fact-finding exercise to collect all the relevant information on a matter.
  • An investigator should be given clear guidance on what exactly they are required to investigate, and how their findings should be reported.
  • Whenever possible the investigator should not be involved in the issue being investigated.
  • The investigator should gather and document what the issues of the matter are, consider what evidence may be available and relevant, and how it may be collected.”

Creative, pragmatic and professional are the words we’d use to describe our style. If this resonates and you have a current or upcoming challenge that would benefit from impartial, professional HR support, please get in touch.

Barristers HR Services and Support

Home | Archives for January 2018

Barristers in need of HR services and support can rest assured they’ll be well looked after by Narrow Quay HR, from our team operating from our offices in Bristol, London and Birmingham. Barristers HR solutions are our focus.

We provide access to experienced HR consultants for Bar Council members who need us to be on hand to help with both day to day queries and larger projects, where there may not be the HR resource in their Chambers to deal with such challenges.

Why is it important to consider outsourcing your HR to consultancies like us?

Firstly it’s a balance of available resources, technical expertise, wide sector knowledge and experience and of course, consultants who are by definition always keeping up to date with the latest regulations, legislation and best practice.

Please get in touch for more information.