Tag Archive for: Employers

Fire and Rehire, A Last Resort

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With ‘fire and rehire’ becoming an increasingly used practice for employers, we reflect on the risks of this approach and why it should be a last resort.

What Is ‘Fire and Rehire’?

There are many instances when you might need to change an employee’s contract of employment and there are a variety of ways of doing it.

However, when discussions break down over a proposed change, some employers have resorted to dismissing employees, and then offering continued employment on new terms. This practice is often referred to as ‘fire and rehire’.

In light of its increased use, ACAS have published new advice on making changes to employment contracts and in particular, the risks of adopting the practice of fire and rehire. The new guidance stresses this is an extreme approach to take.

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The Risks

You need to consider the risk of tribunal claims from employees who refuse the new terms. You also need to consider the risks and consequences of losing a substantial part of your staff if they refuse the new terms.

One recent Teachers’ Pension Scheme consultation that we did carried that very real risk for the employer. Several senior experienced teachers indicated they would refuse the new contracts and instead apply to work at other local schools.

Finally, do not underestimate the potential damage to staff morale as dismissing an re-engaging employees is almost certainly going to have a chilling effect on the employer/employee relationship.

For the above reasons the fire and rehire option should be treated as an last resort and we recommend you should try to keep discussions constructive, be open to exploring alternative options to reach a compromise and stay focused on trying to reach consensus.

For support with making changes to employee contracts, please contact Sue Meehan Boyes in our team on 07384468797.

Is Hybrid Working the New Normal?

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A study published by ACAS last year shows that over half of employers in Great Britain expect an increase in demand for flexible working from employees after the coronavirus pandemic.

Hybrid working is a type of flexible working where an employee splits their time between the workplace and working remotely. 

How Should Organisations Implement a Hybrid Working Approach?

There is no single way to implement hybrid working in the workplace, as no single organisation is identical to another. However, all organisations may wish to consider the following suggestions by CIPD when implementing a hybrid working strategy.

Our Recommendations for Employers

  • Agree an overall strategic position on hybrid working for the organisation. This should culminate in the development of a policy and supporting guidance to clarify the strategy.
  • Consider what approach to hybrid working is really required within your workplace and the specific organisational context. This might include several different forms of hybrid working even within one organisation, depending on role requirements.
  • Engage with people managers throughout the organisation. This helps employees become part of the conversation and provides an opportunity to ask questions and raise concerns.
  • Offer training and development to support successful hybrid working.
  • Develop a communication plan to share plans for future hybrid working with all employees, including information on how to request hybrid working.
  • Consider and adapt to issues arising from hybrid working such as technology, employee wellbeing, inclusion and facilities matters.
  • Support effective team building and cohesion within hybrid teams.

It is likely that employers will have to deal with an increasing number of flexible working requests from employees in the coming months. Having a clear policy, suitable training and support as well as clarity on the organisational approach will stand all companies and employers in good stead in 2022.

If you would like help with any matters or concerns relating to hybrid working please contact Helen Couchman in our team on 07799 901669.

How Do We Keep Employees Motivated in Such Challenging Times?

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The effects of COVID-19 on your workforce may have been far reaching with the consequences not yet fully known. Such effects have no doubt been compounded by Brexit – so much so, that in many cases it may be difficult to conclude whether it’s COVID or Brexit that is responsible.

One thing we can be sure of, is that there is a lot of uncertainty in the workplace right now.

While the Government’s furlough scheme helped to prevent redundancies across various industries, the ending of the scheme in September 2021 left some businesses still having to make difficult decisions. Lack of certainty can very quickly lead to unmotivated employees and for this reason, it is important to foster a positive working environment where staff don’t feel ignored or unseen.

One of the ways you can create this environment, is to ensure your workers feel involved in your decision making, and able to contribute to the success of your business. Recognition and appreciation of peoples’ achievements really does go a long way, as does extending trust to your employees so that they feel empowered.

The easiest way to do this is to talk to your employees one to one. Determine their short term goals, and come up with a plan together as to how they can achieve these.

Showing empathy and support is also key. Whether or not your employees are voicing their concerns, management should take an active role in showing understanding for the impact uncertainty may be having on individuals.

For further advice on how to support your employees at work, please contact Sarah Martin on 07799 136091.