Tag Archive for: contract

Managing collective consultations 

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Collective consultations will be familiar territory for many employers, whether they are seeking to make distinct changes to terms and conditions or are looking to implement wider scale structural changes.

We don’t have to look too far to recall employers who have failed to fulfil their obligations when it comes to running these types of consultations.

We know this is a very current topic for many – at our recent HR Club where we gave practical advice on handling consultations, the vast majority of attendees told us they were planning to do a collective consultation within the next 6 months, and expressed concerns and worries about getting the process right. So in this article we want to share some practical tips on how to handle collective consultations successfully.  

What is consultation and what are employers obliged to do?

The law requires that employers are obliged to consult with employee representatives if they are planning to dismiss 20 or more employees in a 90 day period if the reasons for those dismissals are because of redundancy or if the employer is proposing to terminate and re-engage employees.

There is a list specific information that needs to be provided in writing to employee representatives and then the law requires that the consultation should be on ways of:

  • Avoiding the dismissals
  • Reducing the number of employees to be dismissed
  • Mitigating the consequences of the dismissals.

How to get the process right 

Appreciating the legal context is only one part of the process however and often it is these other factors that employers don’t always consider. Below we have summarised the main points of our advice and best practice when doing consultations:

  • Engage in the process in good faith and with empathy
  • Understand your legal obligations – and consider legal advice
  • Prepare thoroughly before you begin, including by preparing key people
  • Have a clear business case for the proposal so that you can explain it to the employee representatives, prepare a timeline for the consultation, and prepare a meeting plan for each consultation meeting
  • Allow sufficient time for the process, and plan for the unexpected
  • Plan meetings and communications carefully
  • Give appropriate support to reps and manage relationships carefully
  • Be prepared to accept proposals that are made, and to give clear reasons where you don’t accept.

Getting the right support during a consultation can be a perfect solution to ensuring you manage the process effectively.  At Narrow Quay HR we have assisted a number of clients with their collective consultations – for reasons such as redundancies, changes to terms and conditions (including for independent school clients with possible changes to the Teachers’ Pension Scheme). We can support by providing scripts for consultation meetings, briefing relevant participants, training employee representatives, note taking and even chairing consultation meetings.

If you have a consultation in the pipeline and would like to discuss how we can assist you then please get in touch.  Or if you’d like to receive the recording of our HR club on consultation, please contact Simon Martin in our team on 07384 813 076.

The ‘Ticket of Trust’ – The End of the Formal Employment Contract?

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Employees have a right to a written statement of particulars on or before their first day of employment. There is a very specific list of elements that this must contain, with ACAS providing clarity for employers on best practice.

How Flexible Can an Employment Contract Be?

While the key components of the written statement are non-negotiable, how they are presented is up to you as the employer. The employment contract is where most employers include these components and this provides one of the first insights into the culture of an organisation for a new employee. The employee will be seeking to understand the expectations they can have of you as their new employer and, equally, your expectations of them.

Traditionally, the employment contract has been an extremely formal document using terminology we would not use in a normal discussion at work. The text has been presented as black font on a white background, a format that can be difficult to digest for neurodiverse employees. Research has shown that for neurodiverse people, using a sepia or pastel coloured background with dark coloured text can help make documents easier to process.

Getting Creative

Some employers are starting to innovate, attempting to mirror their creative approaches to business within their employment contracts. Tony’s Chocolonely, a values driven chocolate company based in the Netherlands, has introduced what they call their ‘ticket of trust’ in place of a traditional contract of employment. While the specific provisions of the contract are not tailored to suit our legal system, the infographic, minimalist style gives an intriguing introduction to the organisation while still covering off the key components required of a written statement. One particular talking point, is the offer of unlimited annual leave.

While your organisation might not be quite ready for an infographic style or unlimited annual leave, it is important to ensure your contract is aligned to your current culture and written and presented in an accessible way. Don’t forget that if you wish to make changes to the terms and conditions of employment for existing employees, a consultation is likely to be required.

For a discussion on how NQHR can support you reinvigorate your current employment contract for new employees, or on consulting with your present employees to agree changes, contact Kathryn Chidzey-Jones, HR Consultant in our team on 07881 092524.