Why Staff Training Is Often More Effective than Behavioural Policies

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In our many investigations into misconduct and harassment allegations, a regular issue is when a colleague makes comments about another colleague’s appearance. 

Those remarks are often intended to be complimentary but can make the recipient of those remarks to feel ‘othered’.

This is a word that we are increasingly seeing in our interviews and it raises an interesting point.

Compliment or Criticism?

If a male manager comments regularly on how a female colleagues is dressed, their hair, or whether they have lost weight, that manager may well say that they intended it to be received as a positive thing.

However, if the manager doesn’t also comment on any male colleagues’ appearance then there is real risk that the female recipients of his comments could feel singled out, embarrassed or offended, particularly if the comments are made in front of a group of other people.

We recently did an investigation where something similar to the above happened. Whilst the comment in question was intended to be a compliment, in the mind of the recipient it merely served to highlight how something about her appearance was different to all of the other colleagues present.

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What Are the Limitations of Behavioural Policies?

These examples show the limits of policies, as it is very difficult to draft a policy that covers every eventuality. Who would have thought for instance that you would need to specifically deal with looking at pornography whilst sat in the House of Commons?

If you do try to cover every possible eventuality in a policy then you will soon find that the policy will become very long and unwieldy and it will probably put a lot of employees off from reading it.  

Experience also says that as soon as you finish a policy like that and press print or post it on your intranet, then you’ll want to add to it – it will never stop growing.

What’s a Better Approach?

In a word: training. You should train your staff on the approach you want them to take, giving them examples of the sort of conduct mentioned above. You should then ask them to reflect on how it would make them feel if a colleague commented just on their appearance on a regular basis.

We tend to find that taking that approach and getting the delegates to consider the impact of certain behaviours can result in longer lasting changes in behaviours. Those changes will be much more effective than simply handing them a lengthy policy and asking them to read and digest it.

Narrow Quay HR delivers training on these types of issues. For further information about our training, please contact Simon Martin in our team on 07384 813 076 to find out more.

Storing COVID Vaccination Data – What’s the Latest Guidance?

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If you are responsible for GDPR matters in your workplace then you should take heed of recent guidance from the Information Commissioner’s Office (ICO) regarding the storage of COVID vaccination data.

The ICO, which is the UK’s information body set up to uphold information rights, has published guidance called ‘Data protection and Coronavirus-19 – relaxation of government measures‘. This is to help organisations and employers to comply with their data protection obligations following the Government’s relaxation of the rules relating to COVID-19.

Sharing Vaccination Data

Some employers may have checked people’s COVID-19 vaccination status historically. The ICO has outlined in this recent guidance some key things organisations need to consider around the use of this type of personal information.

Why Hold Vaccination information?

Employers may wish to seek voluntary proof of vaccination:

  • to track staff vaccination levels within the workforce and assess the risk of transmission
  • to ascertain an employee’s eligibility under any vaccination incentive scheme

If an employer has vaccination data it may help them with internal risk assessments and planning from an operational viewpoint.

What Is Your Purpose for Storing Information?

Now is the time to review your current practices in respect of collecting and storing this type of data. Employers now need to understand from a data protection viewpoint, what information they can request and record about their employees’ vaccination status.

An employer should consider carefully whether capturing this information can be justified, given the current position taken by the Government. Employees’ health information falls into the category of special personal data so employers must identify a lawful reason to request and process this data under data protection legislation.

The ICO guidance states that if employers collect vaccine information they must be clear what they are trying to achieve by doing so and demonstrate how it helps them achieve it. The use of data must be fair, relevant and necessary for a specific purpose.

There must also be a compelling reason for collecting this information and ‘just in case’ will not be good enough. The intention of using and processing this vaccination data must also be transparent from the employer and should not provide any risk to the employee or any detrimental impact to them.

How Long Should an Employer Retain Vaccination Data?

If you have vaccination data for your employees you should review it and ensure that it is still reasonable, fair and appropriate for you to retain this data going forward. You should safely dispose of this data if it is no longer relevant or required. If you need to store vaccination data you should do so for only as long as is necessary and review regularly.  

For specialist support on managing your employee vaccination data, please contact Helen Couchman in our team on 07799 901 669.

Sexual Harassment is a Workplace Issue – How Can You Promote Zero Tolerance?

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CIPD research in 2020 found that 4% of employees reported being sexually harassed within the last three years, with younger women most likely to be impacted.

What Is Sexual Harassment?

Harassment is defined in the Equality Act 2010 as ‘unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.’

Sexual harassment is unwanted behaviour of a sexual nature. This could include inappropriate touching, sexual jokes, sending emails or messages of a sexual nature or displaying pornographic material.

What Are the Duties of Employers?

Employers have a duty to protect their workers and can be held liable for acts of sexual harassment in the workplace if it is found that they have not taken reasonable steps to prevent it.

 The Equality and Human Rights Commission (EHRC) have produced a helpful guide for employers on preventing sexual harassment at work, and has other helpful information on their website for employers.

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Action Plan for Employers

In late April, the EHRC produced an action plan and checklist for employers in the UK working in the hospitality sector, to help ensure that staff are protected from sexual harassment at work.

This follows a report that more than 50% of women and two thirds of LBGT people reported sexual harassment in the sector. Although the guide has been developed with the hospitality sector in mind, it can be adapted to suit different workplaces and sectors.

The action plan includes helpful templates which can be used by employers, including:

  • a practical checklist to support employers considering issues such as how to communicate a culture of zero tolerance to staff, how to change the working environment and how to assess working practices – the checklist can be adapted to suit different workplaces
  • an action plan to record what action is needed in a workplace
  • monitoring logs to record action taken

How Can You Prevent Sexual Harassment in Your Workplace?

  • Review your training provided to managers and staff on sexual harassment in the workplace. Have you provided any? How recently? Training is a good opportunity to communicate the culture of the workplace and set the standards you expect and to help equip managers to deal with concerns raised with them by employees.
  • Ensure your policies and procedures are up-to-date.
  • Promote a zero tolerance culture.
  • Consider how complaints are dealt with in your organisation and ensure that this is effective and that staff feel confident coming forwards.
  • Monitor complaints that arise for any trends and follow up.

Narrrow Quay HR can work with you to put into action the points set out above and work with your organisation to address sexual harassment. Please contact Caitlin Anniss in our team on 07909 683938.

Supporting the Mental Health of your Workforce – Mental Health Awareness Week 2022

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Mental health is something we are all talking about, particularly in light of the Pandemic, which has given rise to a global increase in levels of anxiety and depression.


Are You Supporting Your Workforce?

9-15 May 2022 is Mental Health Awareness Week, and as one of the biggest awareness weeks across the UK and globally, we want to get you thinking about how you can support your employees, and help raise awareness in your workplace.

Whilst employers must ensure work does not cause poor mental health, employers have a broader role to play in supporting staff experiencing poor mental health for reasons unconnected to the workplace. We have put together some useful guidance to help you invest in a healthy and connected workforce.

We All Have Mental Health

The World Health Organisation famously claims ‘there is no health without mental health’, and describes mental health as ‘a state of wellbeing in which every individual realises their own potential, can cope with the normal stresses of life, can work productively and fruitfully, and are able to make a contribution to their community’.

Mental health issues can range from anxiety and depression, to bipolar disorder or schizophrenia, but people with the same conditions can experience different symptoms, and to a different extent.

This means that workplace support must be tailored to an individual’s specific needs. With mental health issues affecting one in four people, and being a major cause of long term absence at work, we highlight some things you can do to help.

Early Signs and Prevention

In a busy work environment, it can be easy to miss the early warning signs, but early intervention can help prevent issues from escalating.

Employers and managers should be alert to the early signs of stress and mental ill health. Here are some common signs you can look out for:

  • negative changes to work habits or performance
  • deterioration in physical appearance
  • changes in demeanour
  • increased absenteeism

Whilst these may not always be a sign of mental ill health, you should take the time to regularly check in with your employees, offer them support when it’s needed, and consider whether there might be any other underlying concerns. Having someone to talk to can be invaluable for someone suffering with mental ill health.

Signposting, Training and Resources

Whilst the majority of employers and managers are not equipped to advise on mental health issues, it’s important that you do have the knowledge and confidence to signpost an employee to the most appropriate source of support. This could include a GP recommendation, an Occupational Health referral, or a referral to your employee support service. By providing managers with the right training, you can help to reduce issues and promote better wellbeing in the workplace.

Promoting Awareness at Work

Help to reduce any stigma attached to mental ill health by educating your workforce and promoting awareness. Keep talking about mental wellbeing and look to embed mental health into inductions, training, and your policies and procedures.

Promote Work-Life Balance

If your employees are working long hours and are feeling stressed, this is likely to have an impact on their mental wellbeing, as well as productivity. Consider making sustainable changes, or offering flexible working arrangements so that work, and personal lives can be more manageable. Don’t be afraid to talk to your employees and make sure they get the support they need. 

For specialist HR advice on how you can best support mental wellbeing in your workplace, or any related issues, please contact Kirsty Hunt in our team on 07384813077.

What Are the Latest Employment Law Changes in April 2022?

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There are several employment law changes coming into force in April 2022.

National Minimum Wage Rises

From 1 April the national minimum wage will increase. You should ensure that your hourly wage rates of your employees meet the new threshold in your April salary payments.

  • Increase from £8.91 to £9.50 for workers aged 23 and over (the national living wage).
  • Increase from £8.36 to £9.18 for workers aged 21 or 22.
  • Increase from £6.56 to £6.83 for workers aged 18 to 20.
  • Increase from £4.62 to £4.81 for workers aged under 18 who are no longer of compulsory school age.
  • Increase from £4.30 to £4.81 for apprentices under 19, or over 19 and in the first year of the apprenticeship.

Gender Pay Gap Reporting

The deadline for gender pay gap reporting is 30 March for public-sector employers and 4 April for private and voluntary sector employers. You can submit your report through the GOV.UK website and you should also ensure you publish it on your organisation’s website. Read further government guidance.

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Family-Related Pay and Sick Pay

The statutory minimum rate for maternity, adoption, paternity and parental bereavement pay increases to £156.66 per week from 3 April 2022.

The statutory sick pay rate increases to £99.35 per week from 6 April 2022.

You may wish to review your policies to check that you have amended these pay rates in line with these changes.

IR35 Compliance

The grace period for enforcement of non-compliance to IR35 rules ends on 6 April 2022. Organisations should review their IR35 compliance and ensure they update their status determinations where necessary. As a reminder, employers are now responsible for determining a contractors’ employment status to assess if IR35 applies. If IR35 does apply, the employer is deemed to be their employer for tax and national insurance purposes. Find out more information on IR35.

Right to Work Checks

There has been an extension to the Home Office online right to work check process, until 30 September 2022. You can continue to use the online right to work service and make document checks remotely until this date.

British and Irish citizens, who are currently unable to evidence their right to work through the online service will be able to start using the new digital identity checking service online which is due to be introduced 6 April 2022. This new service will use Identification Document Validation Technology (IDVT) providers who will carry out checks on behalf of employers.

Statutory Redundancy Pay

From 6 April 2022 the weekly statutory redundancy pay for employees with two years’ service will increase to £571.

For specialist support or advice on how these changes may affect you and your employees, please get in touch with Helen Couchman in our team on 07799 901 669. 

Living with COVID-19, Long COVID and the Impact on Business

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Along with the much anticipated arrival of Spring, comes the Government’s equally anticipated response to Living with COVID-19.

As part of its response the Government have effected a number of changes to current arrangements which will have an impact on businesses and employees alike – including:

  • changes to SSP rules for COVID-19 related absences
  • removal of COVID-19 as a consideration for risk assessments
  • the consolidation of guidance to businesses in line with public health advice

Find out more detailed information about these changes.

Long COVID – Is it Classified as a Disability?

A challenge for employers as we move into a post pandemic working environment, is the long-term consequences of ‘long COVID’ – its medical impact and whether it is likely to be classified as a disability under Equality Act 2010.  

Rebecca Thomas, Head of Employment Policy at the Equality and Human Rights Commission (EHRC), recently suggested that organisations should presume that an individual’s long COVID symptoms meet the threshold required to be classified as a disability in order to avoid falling foul of equality law.

Managing Long COVID

In the absence of official EHRC or legislative guidance on long COVID, businesses should endeavour to manage this risk by assessing individuals on a case by case basis, against the statutory definition of disability:

  • they have a physical or mental impairment
  • the impairment has an adverse effect on their ability to carry out normal day-to-day activities
  • the adverse effect is substantial and long term (lasting 12 months or more)

Employers should seek medical advice as to whether an employee’s condition meets the definition of a disability for equality law purposes. This advice may also be able to provide details on the individual’s prognosis and timescales for recovery, along with any reasonable adjustments which might help their return to work.

If you would like advice on how to deal with long term absences or undertaking an occupational health referral please contact Sue Meehan Boyes in our team on 07384 468 797.

Making Your Workplace More Inclusive for Disabled Staff

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On 12 March, the Business Disability Forum (BDF) published guidance to help employers improve access for disabled workers.

What Does the Guidance Say?

The first part of the guidance, Access for all – Creating inclusive global built environments, sets out what an inclusive built environment may look like and sets out the importance of creating an inclusive environment for both disabled staff and businesses. It also looks at who to involve in this process and some of the challenges that employers may face.

The second part of the report looks at practical issues to consider when designing a more inclusive and accessible built environment.

The built environment refers to the interior of a building and will include things like entrances, stairs and lifts, lighting, seating areas, offices, catering and bathrooms.

The report suggests that thought should be given to how the people using the building really ‘use’ the environment, and that this must include those with disabilities. This will involve thinking about how easy it is for people to use the desks, the entrances, the toilet facilities and how easy it would be to enter and leave the premises, including in an emergency. 

The report encourages employers to consider the whole range of possible disabilities, including not only physical disabilities but also mental health conditions and sensory conditions. Aiming for inclusion in this context focuses on the built environment being able for all people to access and use spaces without specific adjustments being needed on an individual basis.

Why Is This Important?

The report suggests that a focus on the accessibility of built environments of workplaces will help to:-

  • attract and retain staff
  • attract customers and clients
  • reduce costs of high absence rates and high staff turnover
  • enable an organisation to become more energy and time efficient

The report gives some useful pointers for those working in HR to consider when thinking about the built environment of their organisation. 

To discuss these issues further, or for specialist guidance on issues relating to disability in the workplace, please contact Caitlin Anniss in our team on 07909 683 938.

Championing Women in the Workplace – Creating a Future of Equality and Inclusion

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To update Jane Austin’s 19th century message with 21st century context, “It is a truth universally acknowledged that an employer in possession of a successful business must be in want of a male-dominated trust board and female support staff.“

The UK has been trying to address the disparity between men and women in the workplace since the introduction in 1975 of the Sex Discrimination Act. Nearly 50 years later, active steps continue to be taken to level the workplace to a point where gender ceases to be a factor.

We look at three such examples that have been in the spotlight this spring.

How Do Caring Responsibilities Limit Women’s Career Progression?

New research by Business in the Community (BITC) and Ipsos has found that women’s careers are held back due to the challenges of balancing work and caring responsibilities (including caring for children and other dependent relatives).

Around three in five women have avoided applying for a job or promotion because of concerns about how they would balance the job with their caring responsibilities. Meanwhile, only one in five men avoided applying for a job or promotion for this reason.

Latest trends show that more women than men in the UK are accessing Higher Education and gaining degrees. The participation level for young women attending University in the UK reached 55.7% in 2019-2020, compared to only 44.3% for young men. This suggests that more women than men have the requisite qualifications to be holding senior positions in the workplace. However, data suggests that employers are not utilising this resource effectively.

How Can You Demonstrate Your Commitment to Gender Equality at Work?

Ensure employees are aware of and understand family friendly policies such as flexible working and shared parental leave. In our experience as HR Consultants supporting our clients, requests for flexible working arrangements are almost exclusively made by women.

The option of shared parental leave came into force in the UK in 2014, allowing fathers/partners to take up to 12 months off work (instead of the mother taking up to a year’s maternity leave). However, applications for the male partner to share any part of the leave entitlement are still rare.

Promoting family friendly policies to both men and women should help to challenge the stigma around male care-givers, as well as any lingering stigma around working flexibly.

The Government is also looking to improve flexible working rights in the UK, with consultation currently underway – we will report separately on this as changes are implemented.

Setting the Culture

You can further improve equality in your workplace by embracing a shift in culture. Reflect on your workforce and take proactive steps to embed change – for example:

• Consider caring the norm, not the exception.

• Champion equitable access to care for all genders in your policies.

• Foster a culture that supports men to care.

• Promote flexible working directly to men.

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Normalising Career Gaps

Are we seeing a global change in attitude about time off work? Having carried out an international survey, LinkedIn suggests we are.

The stigma of career breaks is gradually being eroded, with employers increasingly accepting gaps and recognising the positive advantages that can be gained from extended breaks.

Staff who have travelled, taken time to pursue personal goals, cared for loved ones or just looked after their own health are recognised as benefitting from a crucial developmental advantage, both personally and professionally, when they return to the workplace.

As testament to this, LinkedIn has introduced a new career feature that allows users to add career breaks to their profiles. The feature includes a choice of 13 different reasons for your career gap, including travel, career transition, bereavement, personal goal pursuit, gap year, voluntary work and care-giving.

Women currently represent the largest demographic of people taking career breaks. Around two thirds of career-break-related posts on LinkedIn are by women.

As time out of the workplace becomes increasingly accepted by employers and society alike, whether taken by men or women, the disproportionate impact that care-giving currently has on women’s career progression and earnings potential should gradually be mitigated.

How Can Employers Support this Trend?

What can you do as an employer to replicate the global trend, to retain your best staff and remain an attractive employer to strong candidates?

  • At interview, explore the gaps and contextualise the benefits gained that will transfer to the workplace.
  • Meaningfully promote the offer of sabbatical leave to your staff. We have seen a sharp increase in companies offering sabbaticals, coupled with more programmes available to help employees transition back into work after a break.
  • Embrace a culture where both employer and employee recognise the mutual advantages that career breaks can deliver.

Increasing Representation

Further efforts to address the disparity between men and women in the workplace are being implemented from the top down, with the FTSE reporting earlier this year that of the UK’s top 100 companies, the composition of men and women sitting at board level is creeping slowly towards a 50:50 split, to represent the UK population’s demographic.

As at 22 February 2022, women held 39.1% of FTSE 100 Board positions, although 15 companies in the top 100 have yet to achieve the target of 33% of women sitting around the board table. That target is due to increase to a minimum of 40% of women on the top 350 FTSE Boards, by 2025.

If you would like further advice on family friendly policies or to discuss steps to address gender disparity in your workplace, please contact Jo Bradbury in our team on 07570 372118.

Stress Awareness Month – Top Tips for Supporting Employee Wellbeing

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April is Stress Awareness Month and this year’s theme is Community. It seems entirely apt that coming out of a pandemic which isolated us from the various communities that support us, that this is the theme for 2022.

The Importance of Community

It’s well known that human connection is fundamental to our happiness and fulfilment. The various communities we are all a part of help to provide that.

The Stress Management Society who are behind the awareness day say they chose the community theme because a lack of support can cause loneliness and isolation, which in turn lowers people’s wellbeing, impacts mental health and can lead to mental illness.

UK workers put in the longest working week in Europe, spending on average 42.3 hours a week at work. With this in mind, what role can employers play in optimising our workplace communities, bearing in mind the changes we are seeing to the way we work as a result of COVID?

Five Ways Employers Can Help Mitigate Employee Stress

  • Think about what changes your workplace has seen as a result of the pandemic. For some it might be minimal, for others there may have been a massive shift from the ‘norm’ with staff working in a different ways. If things do look different, can any gaps be identified in terms of the ways employees might have previously communicated with and supported each other?
  • Review your absence data. Look at any recent trends. Have you seen an increase in stress or mental health absence? Can you identify any themes? Do these give you any insights from a team or wider workplace perspective?
  • What are your staff telling you? If you do a staff survey, consider whether the questions capture the topics of support, both from a manager and colleague perspective. If you don’t, consider using staff forums or other frameworks to see what these tell you.
  • Encourage staff to reach out if they are feeling unhealthy levels of stress or anxiety. Give the message that the workplace is a supportive community that wants its staff to thrive. Issue communications to this effect via email, noticeboards, team briefings or other means.
  • Keep talking. Checking in with people, chatting about non work related topics – it’s some of these more informal catch ups that have been lost in some workplaces as a result of less face to face contact. It’s sometimes in these moments that people feel more able to open up about things or discover a shared connection that makes them feel less alone.

For more information on how you can support employee wellbeing, please contact Sarah Martin in our team on 07799 136091.

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.