Tag Archive for: Employment

‘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.

24 March 2022 – NQHR – Essential HR for Line Managers

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Date: 24 March 2022

Time: 9.00am – 12.30pm

Event Type: In-person

Cost: £125.00 + VAT

Register Now

The session will cover:

  • handling disciplinary issues fairly and conducting a formal disciplinary
  • identifying and managing grievances
  • how to conduct a workplace investigation – including the role of the investigator, gathering evidence and writing the report
  • how to manage performance

The session will be interactive and include case studies and practical exercises to get you thinking about:

  • subject access requests
  • the right to be accompanied
  • discrimination
  • keeping notes of conversations
  • other common management issues

What others say… 

“I want to say how much I am enjoying today. It has totally demystified things for me.”

“I thoroughly enjoyed it and thought every part was relevant to my role. Engaged all day long.”

Where?

This session is being held in our Bristol office and run by specialists from Narrow Quay HR.

When?

Thursday 24 March 2022

9.00am – Registration and Refreshments
9.30am – Start
11.20am – Break
11.40am – Resume
12.30pm – Finish

The session is suitable for any managers who deal with HR issues as part of their role.

Speakers:

We hope you are able to join us. If you have any queries, please contact the Events team.

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.

COVID-19 Vaccinations Mandatory for All Frontline Health and Social Care Workers From 1 April 2022

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From 11 November 2021, care home staff working in a Care Quality Commission registered care home would be required to be vaccinated against COVID-19.

Catch up our previous article for more information on who this includes.

On 9 September 2021, the Department of Health and Social Care (DHSC) published a consultation on whether this compulsory vaccination requirement should extend to other health and care settings, and whether it should also include mandatory flu vaccinations.

What Was The Result?

The DHSC has now published its response to the consultation and confirmed that individuals carrying out CQC-regulated activities in the health and social care sector whose roles involve direct face-to-face contact with patients and service users must be fully vaccinated against COVID-19. This will include front-line workers such as receptionists, ward clerks, porters and cleaners, and will apply whether the regulated activity is delivered through agency workers, volunteers, trainees or contracted parties.

For individuals who are exempt, they must show evidence of their medical exemption before they can deliver care. Employers should be reminded that only those with a medical exemption will be able to perform regulated activities without being fully vaccinated. Until 24 December 2021, such individuals may use the self-certification procedure, but after this date, they must apply for proof of their exemption.

The mandatory vaccination requirement will be implemented via amendment to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (SI 2014/2936) and will come into force on 1 April 2022. There will be a 12-week grace period to allow time for the employers and workers to meet the new requirements.

The DHSC has decided not to include flu vaccination as part of the mandatory requirements.

If you have any questions, or are concerned about the implications of the new legislation, please contact Caitlin Anniss on 07909 683938.

Hybrid Working – How Prepared Are You?

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A recent survey found that 65% of employees expect to work from home at least two days a week, while 31% believe that a return to five-day office working will not happen until 2022, if at all.

What Can Employers Do?

  • Consider how to better plan your ‘future workplace’.
  • Review the ways you can help and support remote workers.
  • Engage with your workforce to find out their views on working arrangements and plans for the future.

Hybrid working is a feature for our workplaces certainly for the foreseeable future. To discuss your plans and get advice, contact Sarah Martin in our team on 07799 136091 to find out how we can help you.

Menopause in the Workplace

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With World Menopause Day last month, and the continued press coverage, Menopause at work remains a significant focus for employers.

Are Your Employees Supported Enough?

A recent poll found that of those individuals experiencing symptoms of the menopause:

  • 23% have left jobs due to symptoms
  • 1 in 5 said they were not given a pay rise or promotion
  • 13% said they had to go through a disciplinary procedure

All this was despite the fact that nearly all businesses polled (95%) recognised that symptoms negatively impacted on work.

What Can Employers Do?

  • Start the conversation – hold open forums, consultations, surveys.
  • Introduce a menopause support policy.
  • Train your line managers on how to support impacted employees.

We can support you on developing training and guidance materials, please contact Helen Couchman in our team on 07799 901669 to find out more.

Podcast – Redundancy Support for Small Scale Redundancies

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HR Consultant, Sarah Martin, discusses how Narrow Quay HR can support smaller businesses and SMEs through redundancy process involving less than 20 redundancies

 In this podcast, we discuss:

  • planning
  • getting into the correct mindset
  • what areas we can support with

How Can We Help?

Our specialist HR consultants can help your organisation by:

  • providing support with your day to day HR issues
  • auditing your HR policies and procedures to identify problems and suggest improvements
  • training for your staff
  • practical support with consultations and other HR projects
  • carrying out investigations into grievances, disciplinaries and other matters

Related Resources

If you require specialist HR support relating to workplace investigations, please contact HR Consultant Sarah Martin on 07799 136091.

Podcast – Redundancy Support for Collective Consultation Redundancies

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HR Consultant, Simon Martin, discusses the support Narrow Quay HR can offer to organisations going through a redundancy process, including those dealing with a collective consultation process.

 In this podcast, we discuss:

  • what constitutes a collective consultation process?
  • support we can provide throughout the process

How Can We Help?

Our specialist HR consultants can help your organisation by:

  • providing support with your day to day HR issues
  • auditing your HR policies and procedures to identify problems and suggest improvements
  • training for your staff
  • practical support with consultations and other HR projects
  • carrying out investigations into grievances, disciplinaries and other matters

Related Resources

If you require specialist HR support relating to workplace investigations, please contact HR Consultant Simon Martin on 07384 81376.