Tag Archive for: Employment

Robust Line Management Versus Bullying – How Far Is Too Far?

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We review this age old debate in light of the recent media interest in the Dominic Raab investigation and findings.

As HR professionals, we understand that maintaining a positive workplace culture is essential for the success of any organisation. Unfortunately, sometimes the line between strong management and bullying can become blurred. What one person perceives as a reasonable management technique may be seen as bullying by another, leading to conflict and damaging the overall work environment. Recent media interest in the actions of high-profile figures, such as Dominic Raab, has brought this issue to the forefront of public consciousness.

It’s essential to recognise that bullying is a serious problem which should never be tolerated in the workplace. The negative impact it has on employees, both personally and professionally, can be significant and long-lasting. Workplace bullying can lead to low morale, decreased productivity, increased absenteeism and high staff turnover. It can also result in mental health issues, including anxiety and depression, which can have a devastating impact on individuals and their families.

What Is Effective Line Management?

There is a distinction between bullying and legitimate management techniques. Effective line management involves providing guidance, feedback and direction to employees to help them perform at their best. This can sometimes require tough conversations or performance improvement plans, which may be uncomfortable for the employee in question. It is crucial to ensure that these conversations are conducted with sensitivity and respect. Managers must listen to their employees, take their concerns seriously, and act to resolve any issues in a constructive manner.

Perception Makes this More Tricky

It’s important to recognise that what one person perceives as bullying may not be the intention of the manager in question. Perception is subjective – different people have different sensitivities. What one person perceives as a motivating challenge, another may see as an unreasonable demand. Also, workplace environments differ vastly, with significant differences in everyday language and the way colleagues interact. Staff might whisper in an office, whereas staff might shout across a building site to be heard. Cultures of banter can also add a layer of complexity to the way some employees might perceive bullying from a line manager, which can make this harder still to navigate. This is why it is essential to foster an open and transparent work culture, where employees feel comfortable expressing their concerns and managers can receive feedback on their management techniques.

Boundaries

The recent media interest in the actions of Dominic Raab highlights the importance of clear boundaries in the workplace. Mr Raab was accused of bullying and mistreatment of staff, leading to calls for greater accountability and transparency. It’s highlighted the need for a robust approach to preventing bullying in the workplace. Regardless of whether his behaviour met the legal definition of bullying, it is clear that his conduct caused harm to the individuals involved, and damaged his employer’s reputation. This serves as a reminder that even well-intentioned managers can sometimes cross the line, so it is important for organisations to have clear policies and guidelines in place to prevent and address workplace bullying.

So, How Far Is Too Far When it Comes to Line Management?

There is no single answer to this question – the difference between tough management and bullying can be difficult to define. As we have seen, different workplaces and individuals have different standards and expectations. It depends of the individual employee’s personality and work style, the culture of the organisation and the nature of the job. However, there are some general guidelines that can help mangers avoid crossing the line into bullying territory. Managers should:

  • Focus on specific behaviours or performance issues, rather than making personal attacks or criticism. Be clear about expectations and provide constructive feedback on how to improve. Be willing to listen to employees’ concerns and ideas and be open to feedback themselves.
  • Be respectful and professional in their interactions with employees. Avoid aggressive or threatening language. Never engage in physical or verbal abuse. If a manager is feeling angry or frustrated, they should step away and calm down before speaking with the employee.
  • Be aware of the power dynamic in their relationship with employees. Don’t use their position of authority to intimidate or control others. Always strive to create a collaborative and supportive work environment.

It’s essential to ensure that all employees feel respected and valued. If an employee feels uncomfortable or upset by the behaviour of their line manager, it is essential to address the issue immediately. HR professionals need to be able to recognise the signs of bullying and intervene effectively. This can involve informal discussions, mediation, or formal investigations, depending on the severity of the situation.

If you would like any additional help or training with the most effective approach to line management, please contact Jo Bradbury in our team on 07570 372118.

Are You Up to Speed with the Changes to Statutory Payments for Your Employees (Updated in April 2023)?

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This year’s statutory pay increases represent between a 9% and 10.1% increase from 22/23 as an effort to soften the blow of the rising costs of living on employees.

It’s the time of year that the Government updates statutory payments for employees. The updates cover a wide range of statutory rates of pay, from statutory sick pay to the national living wage for those aged over 23 years old.

What Has Changed?

From 1 April 2023 onwards:

  • National Living Wage for age 23 or over – £10.42 per hour
  • National Minimum Wage for age 21 to 22 – £10.18 per hour
  • National Minimum Wage for age 18 to 20 – £7.49 per hour
  • National Minimum Wage for under 18s – £5.28 per hour
  • National Minimum Wage for Apprentices (in their first year only) – £5.28 per hour


From 2 April 2023 onwards:

  • Statutory Maternity Pay and Maternity Allowance – £172.48 per week
  • Statutory Shared Parental Pay – £172.48 per week
  • Statutory Paternity Pay – £172.48 per week
  • Statutory Parental Bereavement Pay – £172.48 per week

From 6 April 2023 onwards:

  • Statutory Sick Pay – £109.40 per week

No Change

The minimum weekly earnings threshold has not changed, for eligibility for statutory sick pay or statutory maternity, paternity, adoption or shared parental pay, which remains at £123 per week. Actions for Employers

From an employer perspective, it’s important that you are aware of these increases to ensure that your policies and practice are up to date in order to remain compliant and maintain your employer brand. In particular, we would recommend for you to review how you manage increases for younger workers. For example, if the rate of pay for a 20 year old employee in your organisation is currently £8 per hour, this is in alignment with minimum wage for their age. However, once they reach their 21st birthday they will be entitled to be paid a minimum of £10.18 per hour. You will need to ensure that you have processes in place to monitor age increases and review pay accordingly to avoid inadvertently breaching the Regulations.

Additionally, we would suggest that you review the pay of all those absent due to sickness or parental leave to ensure their pay is increased in line with the April 2023 updates.

For a discussion on how NQHR can support you to audit your current pay policies and practices in line with the statutory increases contact Kathryn Chidzey-Jones, HR Consultant in our team on 07881 092524.

Celebrating Mental Health Awareness

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This week we are celebrating Mental Health Awareness Week. With sickness rates at a record high and cases of mental health absence on the rise, what does it mean for employers?

What is Mental Health Awareness Week?

It’s an annual event hosted by the Mental Health Foundation and it’s a time where the whole of the UK comes together to highlight the importance of achieving good mental health for all. Each year, there is a key theme to drive focus on a particular mental health topic and this year’s topic is anxiety.

Why Do Employers Need to Worry?

First of all, it’s the law! Employers have a ‘duty of care’ which means they must do all they reasonably can to support their employees’ health, safety and wellbeing. As such employers must treat mental and physical health as equally important.

Aside from the legal obligations, the statistics on absence are fairly sobering. Data from the Health and Safety Executive (HSE) found that there were more than 1.8 million work-related ill health cases – new or longstanding – in 2021-22, with one of the primary causes of ill health being work-related stress. The data suggested that these accounted for more than 30 million working days lost over the past year.

Grim predictions indeed. And economists are warning it could get worse. With the financial worries people are now experiencing, this will only be adding to the levels of depression and anxiety.

So it’s a problem employers can’t afford to ignore.

What Can Employers Practically Do?

Absence policies

It may not seem particularly innovative, but robust and clear absence management policies are an essential part of an employer’s toolkit to providing the right support for employees in the workplace. Clear policies help line managers understand how and when to intervene and they provide clarity for employees on procedural steps, reassuring them on what happens and when, as well as signposting what support is available.

Return-to-work interviews (RTW)

Taking prompt action to talk to employees about their absence is important for the management of any absence, but can be really insightful in regards to providing the right support with mental health concerns. The RTW interview is dedicated time to allow an employee to share any health concerns or anxieties in a safe space. Using this time to listen and ask appropriate questions can be powerful, especially if employees are struggling to articulate what’s going on or just feel embarrassed asking for help. Managers can use the time to discuss with the employee what support might help – that may be internal support such as temporary flexible working arrangements to attend external appointments, additional training or agreed reassignment of tasks if the individual is feeling overwhelmed by their workload; or it might be signposting to any external support such as a company employee assistance programme or external agencies such as Time to Change and Mind. Line managers should check in with employees regularly to assess the effectiveness of interventions and identify any further adaptations or support needed.

Regular one-to-ones

Dealing with the issue when it presents as absence is great but ideally you want to prevent it getting to that stage if possible. As with the RTW, regular one-to-ones provide valuable time for line managers and employees to focus on that individual. With remote and hybrid working very much in vogue, it’s never been more important to check in with your team regularly. Whether you do that in person or remotely, you can still ask the relevant questions and look for visual cues on how that person’s doing – how are they coping with their work? Do they have any issues or concerns? Is there anything going on for them outside of work? Not only will managers have a detailed understanding of how their staff are doing, but by committing to regular one-to-ones, line managers can also show their employees that they are a truly valued part of the organisation.

Awareness campaigns

Events such as Mental Health Awareness week are a great way to shine a spotlight on the subject of mental health but you don’t have to wait for official events. You can start the conversation with your staff by having your own focus week on mental health, signposting policies and support available, running discussion events or inviting external speakers in to talk to staff. Importantly keep the conversation going by regular communications with staff, ensuring they know where to access wellbeing and support services that could help them.

Training

Encourage positive mental health by offering mental health training to all your staff. Enable line managers to help their teams, and colleagues to provide meaningful support to each other by increasing their understanding of the subject. You could also train some staff to become mental health first aiders providing another source of guidance for staff when they need it.

Create space

If your work environment allows for it, consider providing a room or an area that encourages headspace or downtime. If that’s not possible or if staff are working remotely, encourage them to take regular breaks away from their screens. Research has shown that when work becomes pressurised, taking breaks can increase productivity and focus when staff return.

If you would like more help with creating the most optimum work environment in terms of promoting positive mental health and wellbeing, please contact Sue Meehan Boyes in our team on 07384 468797.

International Women’s Day and Beyond – Champion Equity All Year Round

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Having celebrated International Women’s Day (IWD) on 8 March, we want to consider how employers maintain momentum and have a continuous focus on equity, diversity and inclusion all year round.

Not Just a One-Off Event

Whilst IWD has become the significant focus for celebration, March has, for many years, been recognised as ‘Women’s History Month’ with individuals and organisations using this time to pay particular attention to women’s achievements and to continue raising awareness of work still to be done.

This year, the IWD campaign theme was #EmbraceEquity, aimed at getting the world talking about why equal opportunities aren’t enough – that although used interchangeably, equality and equity are not the same.

One definition the campaign uses really helps to provide that distinction:

  • Equality is giving everyone a shoe.
  • Equity is giving everyone a shoe that fits.

What Actions Can You Take?

The following are ideas that can be part of your celebrations for IWD itself, can be organised throughout March and beyond:

  • Celebrate the accomplishments of women in your workplace to inspire further women to achieve their full potential.
  • Showcase women throughout history to remind staff of the importance of their contribution and to encourage internal recognition of your own staff’s achievements.
  • Fundraise for a female-focused charity or organisation.
  • Create an equity, diversity and inclusion forum of staff and managers to provide regular discussion on key EDI topics and create momentum for actionable change.

International Women’s Day provides a key moment to celebrate women’s achievements in the workplace and showcase employer initiatives and support.

Using this month as the impetus, you can review your recruitment practices, promotion and development opportunities, to consider how equitable they really are. View them through the lens of the IWD example definition above.

Consider how your culture is reflective of this ambition – is equity role-modelled by senior leaders and line managers? Are your values in line with this?

Celebrating IWD is a great way for you to demonstrate the value all of your staff play in your organisation. Taking it beyond that day (and month) to promote further action – progressive policies, practices, benefits, and support mechanisms so women’s careers can thrive – will drive higher engagement and can lead to increased production and retention in your workplace – something every employer can get behind.

For specialist HR support with any issues regarding equity in the workplace, please contact Sue Meehan Boyes in our team on 07384 468797.

Fire and Re-Hire: What’s All the Fuss About?

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A Contract of Employment ensures both the employer and employee understand the expectations of the employment relationship. The terms are clear, set out in black and white. But what happens if an employer wants to change their employees’ contractual terms – can it be done?

One option open to employers is ‘termination and re-engagement’, more colloquially known as ‘fire and re-hire’. This is where an employer terminates the employees contract and offers them employment on new terms, which contain the new term.

Is Fire and Re-Hire a Fair Option?

The moral question could be debated for a long time! Legally, this option is potentially fair provided you (the employer) have done three things:

  • Firstly, you must show a fair reason/rationale for the change. 
  • Secondly, you must show a fair procedure has been followed – this would include an attempt to first seek agreement via consultation, offering the right of appeal, and warning staff that, as a last resort, ‘fire and re-hire’ might happen. 
  • Thirdly, you mitigated losses by offering re-engagement on the new terms. Essentially, it can be a possible option but should be used very much as a last resort, where there is a deadlock and all other options have been exhausted. 

Why Is Fire and Re-Hire Viewed So Negatively?

Cases hit the press from time to time which highlight the less scrupulous ways that employers can misuse the fire and re-hire option in an excessively severe way, or which tips the balance significantly in favour of employers. 

P&O Ferries faced much criticism in March 2022 due to a system which allowed them to evade UK employment law by sacking 786 employees without carrying out the legally required collective consultation or negotiation, and replacing them with a cheaper, non-unionised workforce.

This, and similar practices by employers, have attracted much criticism, prompting the Government to draft a nine point plan (including primary legislation), to tackle the issue. They published a draft Fire and Rehire Code of Conduct on 24 January 2023 which, subject to consultation, tells employers not to use threats of dismissal to pressure employees into accepting new terms.

How Can This Be Managed Better?

It is possible to lawfully fire and re-hire, but it must be thought of as a last resort.

The draft Code proposes responsibilities for employers, focusing on the importance of meaningful consultation. The guidance advises that:

  • where possible, changes (especially if numerous) should be introduced over time
  • employers should reassure employees that they will keep changes under review
  • employers should re-examine their strategy if agreement cannot be reached

Adhering to the guidance should help to reduce scope for disagreements which, in turn, should reduce industrial action, reputational damage, management time and associated legal costs, whilst at the same time improving trust and confidence, recruitment and retention, and an employer’s reputation.

The Code won’t be legally binding, but Employment Tribunals will reflect on any unreasonable failure to comply, and should it come into being, it will include a provision allowing employment tribunals to adjust compensation awards upwards by up to 25% in an employer adopts a fire and re-hire approach without prior consultation.

The consultation period on the new draft Code remains open until 18 April 2023.

Are You Considering Making Changes?

Employers will need to make contractual changes from time to time for various strategic, economic or other reasons. 

If you are contemplating changes and would like support with your approach for effective implementation, please contact Jo Bradbury in our team on 07570 372118.

NQHR Club – Mediation

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Tune in to our free virtual HR club webinar – Mediation

In this session of the Narrow Quay HR Club we will talk about mediation. We’ve now got two accredited mediators at Narrow Quay HR and they will discuss what mediation is and what it isn’t and what the parties can expect in the mediation process. We will cover the benefits to the parties and to the organisation of using mediation. We’ll look at when is the right time to think about mediation and how it can work in situations such as when a grievance has been raised. We will also discuss the relative merits of using an internal mediator in an informal mediation process and using the services of an external accredited mediator.

Register here

Date: Thursday 18 May 2023

Time: 9.00am – 10.00am

Speaker: Simon Martin & Sarah Carrington

Another Change to Holiday Pay?

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An important judgment last year, in the case known as Harpur Trust, confirmed that part-year workers (those who don’t work all year round) are entitled to a larger holiday entitlement than part-time workers who work the same total number of hours across the year. 

This has caused anxiety for particular employers where workers might be employed to work part of the year only, for example in hospitality during busy times such as Christmas or over the Summer.

If this does impact you, then you’ll be interested to know that the Government have just announced a consultation to try to ensure that holiday pay and entitlement received by workers is proportionate to the time they spend working. 

As the law currently stands when you are calculating holiday pay you need to count back 52 weeks to work out average pay, but crucially you must skip any weeks when no pay is earned. 

The Government’s proposal is that employers can just count back 52 weeks, whether or not anything is earned in those weeks. This will almost certainly reduce the amount of holiday pay for part year workers. The Government’s impact assessment calculated that this change will save businesses £113m per annum.

The consultation runs till early March and we will let you know what the result is. We suggest you take legal advice about what, if anything, you should do about holiday pay for part year workers until we know the outcome of the consultation. 

If there is anything you would like to discuss about holiday pay queries please contact Sarah Martin in our team on 07799 136091.

How to Embrace Neurodiversity at Work and Maximise Your Talent Pool

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There is a vast pool of neurodiverse candidates seeking employment in the UK. However, many organisations are missing out on talented individuals due to stigma, or by not maximising opportunities with their recruitment strategy.

There is a long history of negative stigma around employing neurodiverse people, as many employers fear that those with neurological differences, such as Autism and Dyslexia, would not be able to do the job as well as other neurotypical employees.

This stigma can leave neurodivergent colleagues feeling misjudged. According to recent research, 6 out of 10 neurodivergent individuals have experienced stigma or felt misunderstood during their careers. This could be due to feeling unsupported at work, or feeling judged by their diagnosis and any accommodations they have in the workplace.

Thankfully, this is changing. Today, many organisations now understand that this isn’t the case and there has been an uptake of training in the topic and increasing engagement to learn more. However, we’ve still got a long way to go to reduce the impact of these negative misconceptions.

Why Is It Important to Attract Neurodiverse Talent?

By identifying ideal roles for neurodivergent staff and limiting potential barriers, organisations can create a neurodiverse workplace with increased creativity, new ideas and fresh perspectives.

As well as their individual strengths, neurodivergent employees often possess highly desirable skills and attributes, such as:

  • reliability, conscientiousness and persistence
  • high levels of concentration
  • detailed factual knowledge and an excellent memory
  • attention to detail and the ability to identify errors
  • strong technical abilities in their specialist areas
  • creativity, especially in visual or spatial or process activities
  • high levels of intellect
  • the ability to look at the bigger picture and think laterally

Top Tips for Attracting Neurodiverse Talent

When considering your recruitment strategy for attracting a more neurodiverse workforce we suggest you implement these top tips:

Promote Disclosure

Make sure you offer candidates the opportunity to disclose any conditions that they may have, throughout the recruitment process. This may be by using open questions in your application forms for example. Ensure any disclosures are met with a supportive response, with a discussion around adjustments and support they would need in order to give the best account of themselves.

Make an Informed Recruitment Decision

By offering multiple opportunities for candidates to demonstrate their competence and being flexible in the ways you gather information you can make an informed recruitment decision.

Be Objective 

Ensure you have a panel of interviewers or have multiple stages in the recruitment process to reduce any unconscious bias and ensure decision making is fair and objective. 

Consider Language

Questions asked during interviews may be interpreted differently between candidates. Ensure that your questions are clear and re-phrase them if there is any confusion to ensure a level playing field. You may need to adapt your communication style for candidates, as a manager would in any team environment. 

Increase Knowledge

Training is helpful for all staff, but particularly for those involved in recruitment, neurodiversity awareness training we can highlight the strengths that come from different thinking, and reduce the impact of stigma in the workplace. It also helps those with line management responsibilities to understand how to better support neurodivergent staff, and what support they can offer to make the workplace more inclusive for all.

If you would like to discuss neurodiversity awareness training for your organisation feel free to contact Helen Couchman in our team on 07799 901669. 

NQHR Club – Neurodiversity in the Workplace

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Tune in to our free virtual HR club webinar – Neurodiversity in the workplace

Date: Thursday 9 February 2023

Time: 9.00am – 10.00am

Speakers: Helen Couchman, Caitlin Anniss & Jonathan Harper

Register Here

In this session Narrow Quay HR’s Helen Couchman will talk you through what neurodiversity is and provide best practice tips on how to effectively support neurodivergent workers and ensure that your workplace is an environment where such workers feel welcomed and well catered for. We are delighted to be welcoming Jonathan Harper from Bristol based charity Paraorchestra who will share his experiences of supporting neurodiverse people in the workplace.

If you would like to email your questions beforehand, please contact our Events team.​

Work Christmas Parties – How To Avoid a HR Headache

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Organising an office Christmas party and want to avoid any HR issues? Read our top tips for how to help everyone in your workplace have a positive office Christmas party experience. 

After years of a pandemic, economic downturns, cost of living crisis, political upheavals and concerning world events, employers are looking to their annual Christmas event to bring some much-needed cheer. It’s a great opportunity to celebrate with staff and thank them for their contribution over the past year. 

But could those plans go awry, leaving you haunted by the ghost of Christmas future (disciplinaries)?

Bah humbug I hear you cry! For who wants to be cast as Scrooge at this time, being seen as the killjoys to some harmless fun? But where there are company-wide parties, there can be alcohol and over-indulgence. Light-hearted banter can escalate into full scale arguments and those long-forgotten frustrations may resurrect themselves, causing tension around the dinner table.

Get the Balance Right

Getting the balance right is critical – allowing people to have fun, whilst looking after their wellbeing. With increased hybrid and remote working, it is also a chance to bring people together and maintain a strong team ethos and build a connection with the company. 

Similarly, hosting an event can make staff feel valued and recognised for their efforts over the past months, fostering higher levels of engagement.

However, it’s also important to be aware of the potential factors which may have a negative impact on employee wellbeing, and how you could best manage these.

Keep an Eye on Alcohol Consumption

Providing a free bar all night can encourage excessive drinking and increase the likelihood of staff behaving inappropriately. You can manage this by offering a set number of complimentary drinks instead and allocating a ‘drinks host’ per table, allowing for some control over the volume of alcohol consumed. It’s also important to make sure that everyone’s catered for, ensuring non-alcoholic drinks are also available.

Manage Anti-Social Behaviour

With the flow of alcohol in large gatherings, it can lead to some anti-social or unwanted behaviour which can have serious consequences. Even where parties are not on your company premises, they are still an extension of your workplace and therefore you may still be liable for any discriminatory behaviour such as sexual harassment or similar claims. Ensure staff are fully aware of your expectations by reminding them of your policies on dignity and respect and on drugs and alcohol misuse. 

Give consideration to the inclusivity of your party arrangements: – whether that’s catering for all dietary requirements, being considerate of timings, venue and accessibility requirements too.

Don’t Exclude Anyone

Not all religions or faiths celebrate Christmas and not everyone likes a party, so attendance should be optional. Some individuals simply don’t like to mix work and social life so it’s important that those individuals are not put under pressure or harassed for non-attendance. Ensure that people’s decisions not to attend is respected and supported. 

Despite their repeated requests over many, many years, Wizzard have not been granted their wish for Christmas to come every day. Which means that employers usually only need to plan for and manage such wide-scale company celebrations on an annual basis.

Getting those plans and logistics right can ensure a joyful start to the New Year for everyone. But get it wrong and you could find the repercussions are felt throughout the year – whether that’s poor engagement scores, grievances or disciplinaries.

We can support you with a wide range of HR services. For specialist HR support with any of these issues, please contact Sue Meehan Boyes in our team on 07384 468797.