Tag Archive for: Employment

Long COVID – How Can Employers Best Support and Manage Staff?

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As long COVID has recently been ruled as a disability, we consider the implications for your workplace sickness management processes. 

Although we are approaching two and a half years since the pandemic hit the UK and living and working with COVID has become routine and common-place, long COVID remains a relatively new condition, with its effects still being properly researched. For employers this is likely to be a cause for concern, given the potential impact on the workforce.

In research conducted by the Chartered Institute for Personnel and Development (CIPD) and Simplyhealth at the beginning of 2022, 46% of surveyed organisations had employees who have experienced long COVID in the last 12 months. Whilst this number will continue to fluctuate, it is potentially a significant number of employees who will be trying to work whilst coping with long COVID symptoms. 

There is an expectation that more long COVID cases will come to tribunals, following the recent preliminary ruling in a Scottish tribunal case that long COVID did meet the definition of disability.  

What Is long COVID?

It is described as the persistence or development of symptoms attributed to COVID-19, lasting more than twelve weeks after initial infection. 

Common symptoms include: 

  • extreme tiredness, difficulty sleeping
  • shortness of breath
  • chest pain or tightness, heart palpitations
  • problems with memory and concentration
  • dizziness
  • joint pain, pins and needles
  • depression and anxiety
  • tinnitus, earaches
  • nausea, stomach aches diarrhoea
  • loss of appetite
  • a high temperature
  • cough, sore throat
  • headaches
  • changes to sense of smell or taste
  • rashes

People can experience the effects of long COVID for weeks, months and even years. Symptoms can come and go over time, sometimes getting better and sometimes getting worse. This means it can affect someone’s ability to work and/or cause them to have higher rates of absence.    

With the potential to last beyond twelve months and to have an adverse effect on day-to-day activities, this is where the question of disability comes in. Long COVID has been found to more severely affect older people, ethnic minorities and women.

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Effective Steps for Employers

With inconsistent performance and increasing absence, it’s easy to see how an escalation to capability processes could happen for an employee suffering with long COVID. 

As with any complex sickness issue, it’s important to seek expert medical advice before rushing into a management decision. This is where an occupational health referral can really help but ensure that you ask the right questions:

  • Is there an underlying medical condition?
  • How might it affect the individual’s performance of their duties?
  • What reasonable adjustments could be made in the short or long term? 
  • Whether or not the individual is likely to be covered by the Equality Act?

For this last question, the advice may not always be conclusive but the focus here should not be on determining whether an employee’s condition is a disability, but on getting them back to working at their best. This is where the reasonable adjustments – such as changes to hours and responsibilities, place of work – can really help.  

An Individual Response

With individuals being affected in different ways by a vast array of possibly fluctuating symptoms, a ‘one size fits all’ approach to absence management is unlikely to be possible. It’s therefore important to look at each case individually.

As well as considering and discussing any occupational health recommendations, employers should engage with individuals directly to understand what support they need during any absence and in their return. 

Ensure regular meetings – both during their absence and once they return to work – to provide an opportunity for them to raise any concerns they may have. Checking in regularly upon their return will not only provide positive dialogue and focus on their wellbeing but will also allow you to table any concerns re. workload and productivity early. Along with any adjustments this will demonstrate the support put in place by an employer.

What Else Can Employers Do?

Review existing absence management policies for employees with long term health conditions to ensure these are flexible to respond appropriately. Policies provide guidance but it may be necessary to tailor these to individual situations, for example considering the viability to revise absence thresholds. 

Utilise occupational health assessments as appropriate to discuss how and when an employee can return and what reasonable adjustments can be put in place to support their return, such as hybrid working, flexible hours, adjustment to responsibilities.

Consider refresher training for line managers on absence management processes, in particular the  use of occupational health referrals. Don’t assume your managers are confident in dealing with these situations as some may have had little or no experience of them and may be anxious about getting it right.

Similarly, you might want to provide awareness training for managers to increase their understanding of long COVID and its potential impact on employees and linking this up with absence management processes.

Looking Ahead

The number of people experiencing ongoing symptoms following a COVID-19 infection will likely increase over the coming months and years, and with that a possible increase in unfair dismissal claims. The argument for proactively supporting individuals to return to, and remain at, work is therefore strong. 

How employers deal with such cases could impact not only dismissal claims, productivity, recruitment and training costs of replacing exiting employees but also employee engagement. With competition fierce for skilled employees, employers who demonstrate supportive and positive management of employee wellbeing, including long COVID, will have a better chance of managing turnover and retaining employees.

If you have any questions about absence management, occupational health referrals or other HR queries, please contact Sue Meehan Boyes in our team on 07384 468797.

Surviving the Great Resignation – How Can Your Business Recognise and Retain Staff?  

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The Great Resignation describes the large numbers of workers who were reportedly leaving their jobs, or thinking about it, during 2021. 

Some evidence suggests that this is still evident into 2022 – according to Microsoft’s 2022 Work Trend Index 43% of employees surveyed said that they were considering changing jobs within the next year.

People Management also report data gathered by Owl Labs which suggests that one in four UK workers are currently looking for a new role. (People Management, June 2022).

Why Is There a Great Resignation?

For many workers, the pandemic provided an opportunity to reassess their work and life priorities and perhaps prompted a change in mindset – leading them to a career move, a shift to home based work, or perhaps an earlier retirement than anticipated.  

Some workers had time away from work on furlough, perhaps giving them time to consider future career moves. Certainly a move to home working, for some, will have prompted thoughts about different work options which may not have appeared possible in the pre pandemic world. The pandemic may also have led people to reassess what it is most important to them and to consider how they want to spend their time.

What Is the Impact on Employers? 

With large numbers of staff apparently considering a job change or career move, it is more important than ever to think about the retention and employee engagement of your key staff. This is particularly important at a time when recruiting staff can be extremely difficult.

There are some things that you could consider in your workplace:

  • Can you offer flexible working? Not all employers can offer remote working or flexible hours but think about what you can offer to make working for your organisation more attractive.
  • Look carefully at your benefits package. Aside from pay, which will be high on the agenda for many workers at present, what other benefits can you offer that are appealing to staff? Extra holidays, well-being initiatives and health insurance may be attractive.
  • Look at your workplace culture and take steps to promote a positive workplace environment. Think about what your values are and embed them within your workplace.
  • Consider a focus on internal mobility within your organisation. This is often an area which is not a key focus within organisations, with People Management reporting that 70% of HR professionals do not have a clear strategy on internal mobility within their organisation.
  • Consider how effectively you use your professional development processes. Could you focus more on career development for your staff, or perhaps introduce mentoring or coaching schemes?
  • Look at how well you advertise internal vacancies to your existing staff.

We’re Here to Support You

The Narrow Quay HR team can work with you to improve your retention rates and look at your employee engagement by analysing your pay and benefits package, reviewing your workplace culture and helping to embed your core values within your workplace, and working with you to develop a focus on internal mobility.  

For more information on how we can support your organisation, please contact Caitlin Anniss in our team on 07909 683 938.

Is It ‘Just Banter’? How Do You Draw the Line in Your Workplace?

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Banter in the workplace can help build good working relationships amongst staff, but with a 45% increase in tribunal claims relating to workplace banter, it’s clear the lines between banter and harassment are getting increasingly blurred.

A few years ago a company asked us to deliver some training for their staff on the subject of workplace banter. They had identified that in a particular area of their business, things had become a little bit too well, bantery, and they were concerned that the invisible line we all talk about was in the process of being trampled over.

According to recent research conducted by employment law firm GQ Littler, they were right to be concerned. The number of tribunal claims relating to workplace banter has increased by 45% in the last year. 

The statistics refer to the number of claims where ‘banter’ was an integral part of the employers defence, the ‘it was just a bit of banter’ defence.

What Does the Law Say About Banter?

As you might imagine, the term ‘banter’ is not one that is defined in law. 

The Equality Act 2010 prohibits less favourable treatment on the grounds of ‘protected characteristics’, namely sex, race, sexual orientation, age, disability, gender reassignment, pregnancy and maternity and marriage and civil partnership. 

Employers need to be concerned as they can be vicariously liable for the acts of their employees. In simple terms this means a claim can be brought against the employer and the employer can be held responsible and ordered to pay compensation. 

What Are the Common Issues?

Often, the sorts of issues that can give rise to unhappy employees are jokes or nicknames that are intended to be, and often are funny. However, the reason it’s tricky is because, as Joe Lycett recently found out when a member of his audience reported one of his jokes to the Police, what one person finds funny, another can find offensive.

So how can employers create the right balance of creating a workplace that encourages a collegiate atmosphere where people get on well and develop relationships but don’t offend one other?

Best Practice

In truth, employers probably need to accept that their staff are not going to get it right all of the time. But there are things employers can do to help (and minimise their potential liability if it does go wrong). Suggestions include:

  • Set the right tone – it’s got to start with senior staff and line managers. If they are not behaving in a respectful and appropriate way, it will inevitably lead to problems.
  • Create an environment where people are confident to call out or challenge behaviour they find upsetting or offensive. Often things deteriorate when they are allowed to fester. If people feel comfortable to speak up then issues should hopefully be easier to resolve.
  • Ensure managers are skilled in having difficult conversations. It is a skill and it can be learnt. Things rarely improve if they are not addressed.
  • Consider how you incorporate the types of positive behaviours you want to see from staff into your core values or a company charter. It is one thing having a dignity at work or bullying policy for when things go wrong but implementing these things can be a more proactive and positive tool.
  • Offer staff training, either on induction or as part of a more general training agenda. It does no harm for any of us to be reminded about these issues and it can be a helpful reset button if you’ve identified that there is a problem.

Our team are experienced in offering bespoke staff training for a variety of organisations. Please get in touch if you’d like to discuss training on workplace banter, managing difficult conversations or your other training needs. Please contact Sarah Martin on 07799 136 091.

Essential HR for Line Managers – Session 4: Managing Performance – 29 September 2022

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Register here

Date: Thursday 29 September 2022

Time: 10.00am – 11.30am

Price: £35 + VAT

Type: Virtual Online Session

What’s this session about?

Line Managers are usually closest to managing employee issues on the ground and it is therefore essential that they have appropriate support and training in order to do this effectively. These expert led sessions will provide delegates with the skills and confidence to deal with the issues they are likely to face in practice. Delegates can attend each session or choose the ones that they feel are the most relevant.

In this fourth and final session we will cover how to manage performance – both good and bad, including:

  • Performance management in practice
  • Using probationary periods
  • Providing feedback and encouraging positive performance
  • Providing support and setting targets
  • Capability process and issuing warnings
  • Tricky areas

The sessions will be interactive with relevant case studies and there will be opportunities to ask questions.

Speakers: Helen Couchman & Joanne Bradbury

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

Essential HR for Line Managers – Session 3: Managing Short and Long Term Absences – 8 September 2022

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Register here

Date: Thursday 8 September 2022

Time: 10.00am – 11.30am

Price: £35 + VAT

Type: Virtual Online Session

What’s this session about?

Line Managers are usually closest to managing employee issues on the ground and it is therefore essential that they have appropriate support and training in order to this effectively. These expert led sessions will provide delegates with the skills and confidence to deal with the issues they are likely to face in practice. Delegates can attend each session or choose the ones that they feel are the most relevant.

In the third session we will cover how to manage short and long term absence, including:

Short term absence

  • Identifying patterns
  • Reporting and monitoring
  • Informal management
  • How and when to move to the formal stage
  • The formal procedure

Long Term absence

  • When to intervene
  • Occupational health and medical input
  • Disability and reasonable adjustments
  • Maintaining contact
  • Fair process

The sessions will be interactive with relevant case studies and there will be opportunities to ask questions.

Speakers: Sue Meehan Boyes & Kirsty Hunt

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

The Future is Hybrid

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Hybrid working seems to be the new normal. With a quarter of workers now choosing to work remotely and from the office, we take a look at how you can best manage your workforce and employee expectations. 

Working Remotely and In the Office

Hybrid working allows your employees to split their time between working remotely and from the office. For most, this means working from home, but this could also mean working from a shared space, or even the local coffee shop! It doesn’t just stop there… more and more businesses are adopting a much more flexible way of working generally, including a shorter working week, compressed hours or term-time only working. There’s lots of possibilities.

What Are the Advantages?

Hybrid working not only offers more flexibility, but also supports a better work life balance, and contributes to positive mental health and wellbeing. Research has also shown that embracing flexible working pattern increases productivity. It can even help reduce overheads by saving on office space!

What’s the Difference Between Hybrid Working and Flexible Working?

There is no legal requirement to adopt a hybrid working model. It’s up to the employer to develop a practice that works best for the business and staff. There is also no requirement to have a hybrid working policy in place (although we would always recommend this as best practice).

There is an obligation on an employer to consider a request for flexible working if the employee has the necessary qualifying service of 26 weeks. Employees must provide a reason for their request, and give due consideration as to how this might impact your business.

Employers are under a duty to meet with the employee and properly consider the request, needing a good business reason to refuse. A flexible working request can include a request to make a temporary or permanent change to working patterns or location. If the employee isn’t happy with the outcome, they have a legal right to appeal, and must be taken through the appropriate appeal process.  

The Government are now also considering, whether the 26 week working requirement should be abolished, and this should in fact, become a day one right. Given the change in working culture, this is not surprising, but no decisions have been made yet.   

We have set out below some practical considerations to think about when adopting a hybrid working model, and how best to manage this.

Hybrid Working Policy

Having a policy in place can be a useful management tool and help enforce those necessary boundaries. This can be used to identify when and how often attendance at the office is expected, what is expected from remote workers (including communication guidance), and information about the use of equipment or IT security. You can also set out that all important health and safety information.

Effective Communication

Working remotely can often feel isolating, and when things are busy, those employees can sometimes be forgotten. This in turn can impact performance and productivity. Being clear about your expectations from the outset, and ensuring you plan ahead will help to manage this, and keep your employees on track.

This could include an online open door policy, diarising regular one to ones, and holding weekly team meetings by video call. Either way, ensure regular face to face contact is made, so those working remotely do not feel excluded, and that communication is effective.

Working Environment

Having a safe and comfortable working environment is essential to productivity. Think about whether those employees working from home have access to a suitable space to work, and to the equipment they need. Is there anything you need to provide, or any safety checks to be carried out? Is there a requirement for reasonable adjustments?

Managing Your Employees

It’s important to manage staff working remotely, as you normally would if they were in the office full time. Ensure staff have the same opportunities as those in the workplace, and that training and development needs are still being met. This could even include training for line managers on how to effectively manage those who have adopted hybrid working.

Finally, you may wish to consider the approach taken in Tokyo, where a whole new way of working has been adopted for those finding it hard to find their focus and meet deadlines!

For more specialist support with how best to manage hybrid working, please contact Kirsty Hunt in our team on 07384813077.

Essential HR for Line Managers – Session 2: Handling Grievances and Difficult Conversations

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Date: Thursday 16 June

Time: 10.00am – 11.30am

Price: £35 + VAT

Location: Virtual Online Event

Register Now

What’s this session about?

Line Managers are usually closest to managing employee issues on the ground and it is therefore essential that they have appropriate support and training in order to this effectively. These expert led sessions will provide delegates with the skills and confidence to deal with the issues they are likely to face in practice. Delegates can attend each session or choose the ones that they feel are the most relevant.

In this second session we will cover grievances and how to handle to difficult conversations. The session will include:

  • the definition of a grievance and when to act
  • the procedural requirements
  • informal resolution and mediation
  • investigating, note-taking and record keeping
  • decision making and appeals

 Difficult conversations

  • when it may be appropriate to act
  • planning and preparation
  • structuring the conversation
  • communication skills The sessions will be interactive with relevant case studies and there will be opportunities to ask questions.

The sessions will be interactive with relevant case studies and there will be opportunities to ask questions.

Speakers: Sarah Martin & Kirsty Hunt

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

Essential HR for Line Managers – Session 1: Managing Disciplinaries

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Date: Thursday 9 June

Time: 10.00am – 11.30am

Price: £35 + VAT

Location: Virtual Online Event

Register now

What’s this session about?

Line Managers are usually closest to managing employee issues on the ground and it is therefore essential that they have appropriate support and training in order to do this effectively. These expert led sessions will provide delegates with the skills and confidence to deal with the issues they are likely to face in practice. Delegates can attend each session or choose the ones that they feel are the most relevant.

In this first session we will be covering disciplinary and conduct issues, and the session will include:

  • Handling minor conduct concerns in the workplace;
  • What a fair disciplinary process is, with reference to the ACAS code of practice;
  • How to distinguish between conduct and capability issues;
  • Identifying issues early and informal management;
  • When it is appropriate to commence a formal disciplinary process;
  • When to consider suspension and how to do that;
  • The principles of a fair investigation;
  • The disciplinary process itself and tricky issues that might arise such as sickness absence, remote working, overlapping disciplinary and grievance issues; and
  • Sanctions and appeals.

The sessions will be interactive with relevant case studies and there will be opportunities to ask questions.

Speakers: Caitlin Anniss & Sue Meehan Boyes

We hope you are able to join us. If you have any queries, please contact the Events team at events@vwvplus.co.uk.

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.