New Consultant Brings More Education Sector Expertise to Growing Team

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We are pleased to welcome Jo Bradbury to the Narrow Quay HR team. Jo joins from a multi-academy trust where she was a Senior HR Advisor, with responsibility across five secondary schools and eleven primary schools.

Jo is a qualified employment lawyer and spent the first 10 years of her career at Birmingham firm Shakespeare Martineau before deciding to opt for a change and further her career within a school in-house HR team.

Jo commented:

“This was a wonderful opportunity to see a different perspective of the sector, develop my knowledge, and understand the challenges and pressures first hand.”

As a member of the school leadership team, Jo worked extremely closely with Headteachers to introduce and embed a new culture of raised teaching standards, supported by robust business management, and improved training and professional development for staff. 

Jo’s immersion in the education sector, coupled with her background as a qualified employment lawyer, means that she is ideally placed to provide a great level of support to both our schools clients and those in the other sectors we support.

Jo is a school governor at an outstanding academy, holding the office of Chair of Governors for six years, further signifying her passion and commitment to the education sector.

Commenting on her appointment, Jo added:

“I’m thrilled to be joining Narrow Quay HR and a team whose values resonate with my own. They deliver exactly what I’d look for as a client – that magic blend of friendly and approachable, robust and pragmatic, focussed on the client’s needs, committed to understanding each distinct project’s sensitivities, a willingness to go the extra mile, and a power-house of HR expertise. I’m looking forward to being a part of that!“

Narrow Quay HR Directors Caitlin Anniss and Sarah Martin said:

“We are absolutely delighted to welcome Jo to our growing team. Her experience will no doubt be invaluable to our clients!

Her enthusiasm for working closely with clients in order to deliver the best outcomes to their HR challenges aligns with our focus on really getting to know our clients and providing creative, commercial and pragmatic support.

We are sure that Jo will play a pivotal role in continuing to develop Narrow Quay HR, particularly within the school’s sector.”   

Narrow Quay HR is a commercially-focused, professional HR consultancy with experience in the education sector. We are delighted to work with a range of schools providing them with professional HR support and services, from investigations and panel support, to staff consultations and staff training.

If you would like to find out more, please get in touch.

Why You Should Celebrate Employee Appreciation Day

Home | Archives for March 2022

National Employee Appreciation Day falls on 4 March 2022. The day provides an opportunity for employers to celebrate their employees and express gratitude for their hard work and contributions.

Actively recognising the contributions of your employees can help improve staff morale and ultimately, staff retention rates. In addition, it is also an effective way of helping employees feel valued by acknowledging that their work is appreciated in the business. 

The day can also be used as a good opportunity to check in on employee well-being. Taking the time to engage with staff in an open and genuine way can help employers find out what they can do to support their staff and if there are any new practices they can adopt to address employee concerns.

In light of the difficulties that the COVID-19 pandemic has had on employees, employers should take any opportunity they can to help improve staff wellbeing. Whether it is an extra hour for lunch, a communal coffee break or time out to pursue a hobby, taking part in National Employee Appreciation Day can be a great way of improving employee / employer relations. 

For more ideas of how you can support your employees, read our previous articles for our top tips for supporting employee health and wellbeing, and how to best support employee mental health.

For support with managing and improving employee appreciation and relations, please contact Helen Couchman in our team on 07799 901 669.

Celebrating International Women’s Day 2022

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International Women’s Day, one of the world’s biggest employee engagement days, takes place on 8 March 2022. It is a global opportunity to celebrate and acknowledge the achievements of women across the world. 

It also provides a chance to raise awareness of female inequality and discuss what can be done to create gender parity. 

#BreakThe Bias

This year, the theme for the day is focused around #breakthebias. The International Women’s Day Website states that, “Whether deliberate or unconscious, bias makes it difficult for women to move ahead. Knowing that bias exists isn’t enough. Action is needed to level the playing field.” Find out more about International Women’s Day. 

Still More to Be Done

Each year, more and more employers take part in the celebrations by marking the contributions of their female employees. However, the day also acts as a timely reminder to employers about gender equality and what still needs to be done to address the gender imbalance in the workplace.

Following on from the data published by the Office for National Statistics in October 2021, while the gender pay gap has been declining slowly, there is still significant disparity with regards to equal pay. In addition, women are still more likely to be subjected to sexual harassment and discrimination in the workplace and are also largely underrepresented within executive roles.

It is evident then that more needs to be done to address gender parity and employers should continue to analyse their working practices to ensure that that they are alive to any blind spots and are doing everything they can do create an equal workforce. 

If you think you would like to offer you staff some training around unconscious bias, we would be very happy to speak to you about the training we offer. Please contact Sarah Martin in our team on 07799 136 091.

‘Flexi-Job’ Apprenticeships to Offer More Flexibility for Employers

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Apprenticeships are work-based training programmes which lead to nationally recognised qualifications. In 2017, the Government introduced the Apprenticeship Levy with a view to creating funding for apprenticeships and encouraging employees to invest in apprenticeship programmes.

For some employers they can be a great way to attract and develop new talent. However a key barrier to taking on apprentices in certain sectors is the need for varied and flexible employment patterns.

What Are ‘Portable Flexi-Job Apprenticeships’?

On 6 April 2022 the Government will launch a ‘portable flexi-job apprenticeship’ pilot. This is a new type of flexi-job Apprenticeship which will allow employers taking on an apprentice to only give a three month commitment, instead of the usual 12-month minimum commitment. This will allow these apprentices to complete discrete blocks of employment with training, with different employers and businesses, throughout the course of their apprenticeship.

Who Will Benefit?

Certain sectors will particularly benefit from more short-term or project-based apprenticeships. At the moment, these portable flexi-job apprenticeships may only be carried out in certain sectors, namely within the creative and construction industries.

After the minimum three-month arrangement with one employer, the apprentice can either begin a new arrangement with the same employer or move to continue their apprenticeship with a new employer.

How Long Will the Pilot Last?

The portable flexi-job apprenticeship pilot scheme is intended to last for 18 to 24 months. It will be reviewed after 9, 12 and 18 months. The Government has said it will publish guidance ahead of the pilot start date. If the pilot is successful, it may become more widely available in the future.

If you’re interested in considering the use of apprenticeships generally or want to talk about the ‘portable flexi-job apprenticeship’ pilot and want to find out more, please contact Sue Meehan Boyes in our team on 07384 468 797.

Dean of Oxford College Agrees to Step Down After Three-Year Legal Battle

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Christ Church College in Oxford has just settled a matter that has run for three and a half years to get its Dean, Very Reverend Martyn Percy, to leave his post. This case highlights the risks of not dealing promptly with workplace disputes.

‘Immoral’ and ‘Scandalous’ Behaviour

The matter started following a dispute in 2017 over Percy’s pay and his efforts to reform the college’s governance including reviewing pay scales and safeguarding policies and him asking for job descriptions of senior academics.

 In 2018 as a result of that dispute he was suspended after being accused of behaviour of an ‘immoral, scandalous or disgraceful nature’, which was the wording of the College’s statutes under which a Dean can be removed.

The College instructed Sir Andrew Smith, a retired high court judge, to chair an internal confidential tribunal on the dispute. After an 11 day hearing behind closed doors in June 2019, Smith dismissed all 27 complaints against Percy and ordered his reinstatement. However, his did not resolve matters.

Sexual Harassment Allegations

In October 2020 the Dean was accused of touching someone’s hair after morning prayers and this allegation of sexual harassment added to the list of outstanding matters.  

Following a mediation, and in return for what was described as ‘a substantial sum’, the allegation of sexual harassment has been settled, and an employment tribunal scheduled for next year will not go ahead. Percy has agreed to leave in April.

This process has been expensive and damaging for the College. Estimates vary but some reports have said that the total costs of the matter, including the settlement, the reimbursement of Percy’s legal costs and cancelled bequests and donations to the College may be approximately £20 million in total. 

In December, Lord Patten, the Chancellor of Oxford University, said the “protracted and ongoing dispute” was damaging the University’s reputation. In 2020, the Charity Commission also said the dispute was “damaging to the reputation of [the College], and affecting its ability to govern itself”.

How Can You Avoid Similar Conflict?  

One of the reasons this happened relates to the complex governance structures of Christ Church, which is both a college and a cathedral. The College is run by a governing body but there is also a small but powerful group of academics known as ‘censors’ who wield significant amounts of power. 

A number of our clients, particularly the older independent schools, have complex governance structures and we have found that those can tend to lead to disputes becoming protracted. This can in turn lead to multiple layers of appeals and having many different voices and views often adds to the length and complexity of matters.

This case is a reminder to review how you manage your employees. You ideally want to aim for a simple, streamlined process. I once attended a disciplinary hearing for a client and thanks to their constitution, the panel was 100 people, as you can imagine that was never going to go well. 

Mediation

The other lesson is the use of mediation, which enabled the Christ Church College situation to eventually be resolved. With hindsight, it may have been more cost effective and less damaging to have had a mediation session at a much earlier stage. That echoes one of the regular themes of our investigations, problems that have been left to fester for a lengthy period rarely get better on their own. Bringing in someone to at least facilitate a conversation can help avoid a lot of problems. 

Our experienced HR consultants, including a qualified mediator, can work with you to help to diffuse conflicts in your workplace. Please get in touch with Simon Martin in our team on 07384 813 076 for more information.

IR35 Back in the News Thanks to Adrian Chiles

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TV presenter Adrian Chiles’ recent victory over HMRC in IR35 case has highlighted the complexity of the IR35 rules in the UK. 

Since last April private and voluntary sector businesses with an annual turnover of over £10.2 million, a balance sheet worth more £5.1 million or more, and 50 or more employees, will be responsible for deciding whether IR35 applies, and for deducting tax and NICs from contractors’ fees paid through intermediaries when it does not. 

There are a number of steps that you should be taking in respect of that and it is always worth getting specialist advice on this if the need arises. 

IR35 Considerations for Your Organisation

The first step is to decide where the responsibility for dealing with IR35 lies in your organisation, this is a matter that often straddles HR and payroll/finance and you need to make sure it doesn’t fall between the two stools.

The next is to create a list of who your organisation is contracting with, as IR35 applies to those who provide their services through a limited service company or via a supply agency. 

The next stage, and probably the most challenging, is to decide which of your contactors falls inside IR35. HMRC have provided an online tool which can assist but it may not be determinative, in which case it might be worth taking specialist advice. 

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The Three-Part Test

HMRC applies a similar test as Employment Tribunals to determine employment status, but they often arrive at different conclusions on the same individuals, and it’s worth remembering that a Tribunal decision is not binding on HMRC and vice versa. The test is as follows: 

  • Mutuality of obligations – The individual agrees to provide work, in return for a wage for the skill and work that they provide.
  • Control – The individual has given express or implied willingness to be under the employer’s control.
  • Other factors – The other terms and conditions are consistent with a contract of employment, such as ownership of significant assets, financial risk, or opportunity to profit.

Although a three-part test, traditionally the first two elements have tended to be considered to be the most important. Until recently that is. The sands may have shifted slightly, following cases involving high profile TV presenters who claimed to be working freelance, including for the BBC and ITV. HMRC challenged their employment status and, in the recent case involving the presenter Adrian Chiles, HMRC lost because of the third part of the test. 

What Does This Mean?

Now, it’s clear that it’s worth focussing on the third part of the test, we should think about some of the relevant factors which can include:

  • Is the individual in business on their own account? 
  • Does the individual use their own office, including working from home? 
  • Does the individual provide their own tools? 
  • Does the individual provide services to a significant number of other clients?
  • What percentage of total income does that end user contribute towards the individual’s financial earnings?

Employers, contractors, freelancers and consultants alike should take comfort from the shift in focus with, it would seem, greater significance now being placed on the bigger picture. However, this can be a complex area so we recommend seeking advice.

Please contact Jo Bradbury in the NQHR team on 07570 372118 if you would like to discuss these issues.