Tag Archive for: Employment

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.

How Flexible Should Flexible Working Really Be?

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Did you know those without access to flexible working are twice as likely to be dissatisfied in their job? How should employers navigate flexible working requests?

During the pandemic, the CIPD called for flexible working to become a ‘day one’ right, with its Flex From 1st Campaign.

The CIPD’s Flex From 1st Campaign called for flexible working to becoming a ‘day one’ right, and in June 2021 the Flexible Working Bill was first introduced. It recommended that flexible working should be the default position for all workers post-pandemic.

Although this is yet to be enforced and we have seen a rise in flexible and hybrid working, CIPD research suggests that 46% of UK employees still do not have access to any form of flexible working in their current role. 

Flexible working opportunities can benefit everyone: employers, employees and their families. Offering flexible working can also help with the recruitment and retention of staff and promotes a healthy work-life balance.

How Can Employers Be More Flexible?

With the Flexible Working Bill having had a second review in October 2022, the Government has now committed to a number of changes, including a requirement that employers must consult with workers before rejecting an application, in an effort to explore all of the available options before rejecting the request. 

We take a look at best practice when it comes to managing requests for flexible working. 

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Ask for the Request in Writing 

The requirement for an employee to set out how the effects of their flexible working request might be dealt with by their employer will be removed, but the request should still be made in writing. 

Arguably, this requirement will encourage the employee to really think about their request and how this might work best for your business, but it also allows you some time to give it some serious thought and come back to the employee once you’ve done so. 

Meet with the Employee Promptly

You might have had some informal conversations about the request and that’s fine – part of the rationale for the changes is to try to normalise the process but you should still arrange a more formal meeting to discuss it. 

Try to meet with the employee as soon as possible after the request has been made. This will help you to get a better understanding of the changes the employee is looking to make, and consider whether the change needs to be permanent or temporary, and how it could be of benefit to both of you. 

Don’t be afraid to ask questions around the reason for making the request. It could make all the difference and help you to reach an agreement you are both happy with. However, you should always be guided by the employee if discussions become ‘sensitive’, and remember that consultation is a two way process!

Consider the Request Fairly and Look at Alternative Options

Whilst consistency is key, each request should be taken on its own merits as each employee’s circumstances will differ and so will their reason for making the request. If it’s just not workable, employers will now need to consider other options and whether a compromise could better suit your workplace. 

Notify the Employee of Your Decision

Be sure to meet with the employee and confirm your decision. This allows you to feedback on your decision making process, what you have taken into consideration, and why you might not be able to agree to their request. It’s important to base your decision on facts and not personal opinion, and the employee will be more accepting of your decision if they understand the reason behind it. 

It’s always best to follow the Acas Code of Practice on flexible working requests | Acas.

For more support around how best to consult with your employees and manage a flexible working request, please contact Kirsty Hunt in our team on 07384 813077. 

Workplace Bullying – Is Your Workplace a ‘Bully-Free’ Zone?

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In recognition of Anti-Bullying week (14-18 November 2022), we are shining a spotlight on workplace bullying and provide guidance on how to best eliminate this destructive behaviour from our workplaces.

What Is Workplace Bullying?

While there is no legal definition of workplace bullying, ACAS defines bullying as: unwanted behaviour from a person or group that is either:

  • offensive, intimidating, malicious or insulting
  • an abuse or misuse of power that undermines, humiliates or causes physical or emotional harm to someone

Although this is not an exhaustive list, workplace bullying includes:

  • gossiping and spreading rumours
  • ignoring or excluding others 
  • making insulting, offensive and inappropriate comments or ‘jokes’
  • setting unrealistic deadlines and unattainable tasks 
  • withholding information and undermining others
  • denying someone promotion or training opportunities

In the event that bullying in the workplace is linked to a protected characteristic (as defined in the Equality Act, i.e. age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, disability, religion or belief, sex and sexual orientation), it may constitute harassment, and will therefore be protected and addressed in terms of discrimination law. 

What Is the Impact of Workplace Bullying?

  • Increase in mental health concerns.
  • A toxic workplace culture.
  • High staff turnover and inability to attract new staff and talent.
  • Increase in workplace disputes and litigation costs.

How Can employers Prevent Bullying in the Workplace?

  • Implement anti-bullying and harassment policies and procedures, ensuring that the company culture and working environment is regularly assessed in light of these policies.
  • Conduct awareness training for staff in respect of bullying and harassment.
  • Ensure that all complaints are addressed and taken seriously. This includes conducting proper workplace investigations. 
  • Ensure that staff follow applicable internal procedures in order to address bullying and harassment at an early stage.
  • In appropriate circumstances, consider using alternate dispute resolution mechanisms, such as workplace mediation. 
  • Focus on creating positive and inclusive working environments that do not enable or foster a culture of workplace bullying and harassment.

If you would like specialist support and assistance with any of the outlined measures, please contact Megan Britz in our team on 07468 698957. 

Supporting Employees Through Pregnancy or Baby Loss

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An estimated one in four pregnancies in the UK end in loss, yet this can be a hidden issue in the workplace. How can employers provide compassionate and inclusive support for those affected, throughout all stages of pregnancy and baby loss?

Many employers in the UK are working hard to achieve a workplace culture that is compassionate, inclusive and supportive. Getting this right is proven to positively impact an employee’s mental wellbeing, as well as their performance, commitment and intention to stay with their employer.

Do your policies and practices measure up? 

Navigating the Deeply Emotional and Personal Journey of Pregnancy or Baby Loss

For employees experiencing pregnancy or baby loss, this will be an extremely challenging time. Often employers are not supporting their employees as well as they could – perhaps because it has previously been a hidden subject in the workplace, considered too personal to openly discuss, or that employers and managers fear getting it wrong and treating the matter without the required sensitivity. 

A recent report from CIPD demonstrates that there is a significant gap in workplace support, as evidenced by their latest survey results, leaving almost a quarter of employees considering leaving their job because of their experience in work in relation to pregnancy or baby loss.

How Does Your Organisation Offer Support, and Could You be Doing More?

  • Paid compassionate leave or other special leave? Nearly half of the employees surveyed (46%) said that such leave was/would have been beneficial. However, whilst paid compassionate leave may seem an obvious option for employees who have experienced pregnancy or baby loss, the new research shows that only 25% of employees received paid compassionate leave or other special leave in addition to any statutory entitlement such as sick pay.
  • A formal policy to support employees experiencing pregnancy or baby loss? Only one in three employers have a formal policy, to help employees and employers navigate this.
  • Understanding from your managers? 60% of employees who experienced pregnancy or baby loss felt their managers failed to show understanding. Of those, 70% agreed that understanding and support from their manager(s) would have been beneficial. This may be a training need for your managers, to upskill them and give them greater confidence in handling tricky or sensitive conversations.
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  • An open and supportive climate, where employees can talk about sensitive issues like pregnancy or baby loss? Only a quarter of the senior HR professionals and decision makers surveyed said that their organisation encourages a supportive, open culture to facilitate sensitive topics like these being discussed. Perhaps reflect on whether you could be doing more to build and maintain a supportive environment for your staff.
  • Paid time off to attend appointments? This was identified by employees as one of the top three forms of employer support which would have been most helpful to employees experiencing loss (alongside paid compassionate leave, and understanding from managers).

Pregnancy and baby loss affects people across the UK every day, and the impact is felt not only by the grieving mother, but also by their partner and their family members, including for example the potential grandparents who may be supporting their adult children through associated surgical procedures and the grief process, whilst of course also grieving themselves.

Please contact Jo Bradbury in our team on 07570 372118, if you would like to explore how we can help your organisation ensure an approach which is underpinned by the principles of flexibility, empathy and inclusivity.

International Men’s Day: How Are You Supporting Men’s Health in the Workplace?

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19 November is International Men’s day and it takes place during the ever popular ‘Movember’. But amidst critiquing the varying successes of moustache-growing, it’s important to also take time to consider the importance of men’s health.

Why Is Men’s Health Important?

The statistics on men’s health speak for themselves – men account for three-quarters of premature deaths from heart disease, are twice as likely to die from drug or alcohol abuse and three times more likely to die from suicide. 

Men are less likely to access psychological therapy compared to women, with men accounting for only 36% of referrals to NHS talking therapies. Research shows that men are more likely to turn to harmful coping mechanisms, such as using alcohol or drugs to cope. When talking about their mental health, one in three men attributed this to their work, according to research carried out by Mind in 2017. 

Whilst the focus on wellbeing and in particular mental health has increased within society and many organisations, why is it that men often face health challenges alone? This can in part be explained by the traditional expectations of what masculinity is – being strong and keeping it together and perhaps a dogged determination to ‘man up’ rather than face health issues. 

It could also be due to a lack of resources and support targeted specifically at men. If we think about men’s engagement with health services, in a man’s life time there are few touch points that offer men the opportunity to look at and discuss their own physical and mental health. So they may not be able to spot any concerns in the first place and when they do, they may not know how to seek help. 

What Can Businesses Do to Help?

As with any health issues, raising awareness is fundamental in facilitating change. Research by the charity Samaritans, found that both language and content of any awareness initiatives needs to be specific for men to actively engage. Running campaigns to highlight men’s health concerns – heart disease, prostate and testicular cancers as well as mental health issues such as depression and suicide. 

Train your line managers to hold wellbeing conversations. Research carried out by CIPD has found out that only 29% of managers feel confident in being able to spot signs of mental ill health. Likewise when discussing taboo subjects on men’s health, it can be hard for both manager and employee to feel comfortable to open up. 

With one in eight men experiencing some poor mental health at any time, it’s important that managers are able to consider the possible life experiences that may be affecting men at work – becoming a father, bereavement, relationship breakdowns. Managers need to have the skills to open up that conversation, not rush to provide a solution but ask the right questions and most important of all, provide space and time to listen to the individual.

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Create safe spaces to have vulnerable conversations and permission to open up without being perceived as a weakness. Those safe spaces are across the whole organisation not just with line managers, so this is about ensuring that all employees have an appreciation of likely health issues and can play their part in spotting the signs and supporting colleagues.

Signposting to resources and support. Many organisations may have an employee assistance programme which can offer targeted support for men’s health. Likewise there are external organisations that can help. Sometimes this just isn’t obvious for men who may be having physical or mental concerns. So organisations need to clearly signpost and direct men to those services that can help.

We have come a long way in regards to focusing on health and wellbeing at work for all employees, but on this International Men’s day we should take the time to drive that conversation forward. By talking about the issues and trends in men’s physical and mental health, we can encourage more men to be open about their feelings and access support.

For specialist HR support with any of these issues, or for how you can support International Men’s Day, please contact Sue Meehan Boyes in our team on 07384 468797.