Tag Archive for: hr

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.

Teacher Strikes – What Options Are Available for Working Parents? 

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With planned strike action in England and Wales in the coming months, many working parents and carers will face challenges with childcare provisions. How can employers support their affected employees?

Union members are not required to share their intention to strike in advance, so it is very challenging for schools to anticipate the impact on their staffing levels and attempt to source adequate cover.

While the impact within early years settings is hoped to be less significant than within schools, some may also need to close as a result of employee absence. For some employees, particularly those with young children, it may not be possible to continue to work at all if their childcare provider or school is closed and they have no alternative support. 

How Can Employers Support?

During the pandemic, employers had to think creatively about how some employees could continue to work whilst juggling childcare responsibilities. Now is a good time for managers and working parents to revisit these contingency plans. This might include flexibility on when they work, for example, working during the evenings or swapping a working day, or temporary home working.

It may help to start the conversation early, reminding parents of local strike action dates. Some may have support with childcare available from family members, which may enable them to continue to work. For others, there may not be a ‘Plan B’ so it is important to be clear on how absence will be managed on these dates.

The following types of leave can be considered:

  • Annual leave – If the employee has sufficient annual leave, they may wish to request this according to your policy. However, it’s important to remember that annual leave is limited and if there are a significant number of days where strike action will disrupt their childcare provision they may be left with minimal annual leave to take holidays later in the year.
  • Taking time off for dependents – In most cases this is unlikely to be appropriate as the strike dates have been communicated some way in advance. However, employees have a right to absence to care for dependents where their care has broken down unexpectedly. The statutory right is to unpaid leave in these circumstances, although some organisations have now chosen to provide pay in support of working parents/carers.
  • Time off in lieu (TOIL) – Where an employee has worked a number of additional hours without pay, you may allow them to take this time ‘back’ as TOIL. As an employer, you may already have a policy on how TOIL is managed in your organisation and employees would need to follow the requirements for recording and requesting this leave.
  • Parental leave – Employees have a right to request unpaid parental leave up to a maximum of 18 weeks in total, before the child’s 18th birthday. Ordinarily, 21 days’ notice of the intention to take parental leave is required and it is usually taken in blocks of one week. Where only one day is required, this is recorded as a full week of the entitlement.
  • Unpaid leave – A final option to consider is to allow parents or carers to request unpaid leave. You may have a policy regarding unpaid leave that needs to be followed. 

We would encourage employers to be as flexible as possible. Working parents or carers may find this situation particularly stressful and disruptive both at work and at home. You may wish to remind your employees of any workplace sources of support that you offer, for example, via an Employee Assistance Programme.

For support on how you can best support your working parents and carers during the teacher strikes, or how to navigate more complex situations, please contact Kathryn Chidzey-Jones in our team on 07881 092524.

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. 

Menopause Not Set to Become a Protected Characteristic

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With just over 15 million women in the workplace, the last few years has seen a welcome focus on how the menopause can impact staff and what employers can do to best assist women through this stage.

Last week the Government responded to the House of Commons Women and Equalities Committee report Menopause and the Workplace (July 2022). 

The report had made a number of recommendations, including:

  • introducing sex and age as a single dual protected characteristic under the Equalities Act 2010 to protect women going through menopause
  • launching a consultation on how to amend the Equalities Act 2010 to include ‘menopause’ as a new protected characteristic

What Are The Government’s Plans?

The Government’s response does not accept either of these recommendations, pointing to existing protections available for those experience menopause. This response was in many ways as expected and in accordance with previous government statements. 

However, the Government has, in part, accepted some of the Committee’s other recommendations, including the appointment of a Menopause Ambassador/Champion, a ministerial appointment within the Department for Work and Pensions; and, bringing forward legislation to make the right to request flexible working a day one employment right. 

No timetable has been announced in respect of introducing these provisions. We will keep you posted as and when the Government releases further details, and provide information of how they may affect your business.

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How Can You Best Support Staff Going Through Menopause?

You may want to consider how best to support any staff currently going through the menopause. This could include:

  • Introduce a Menopause Policy for staff. Many of you will have already done this, it is a useful way to show your support for staff, emphasise your commitment to addressing the impact of menopause and a useful way to channel any queries from staff.
  • Appoint a Menopause Champion to act as a central point of contact for staff.
  • Provide training for line managers on the symptoms of menopause and how to support and speak with staff who may be experiencing symptoms. This can be a sensitive subject and line managers are often the first point of contact for staff and may need guidance on how best to approach conversations such as this.
  • Consider what can be done to help staff experiencing the menopause, for example considering home working and adjusting working times.
  • Reviewing the working environment to ensure it is conducive to working if a member of staff is experiencing the menopause – for example, the room temperature and access to toilets.
  • Create an open and trusted environment for staff. Implementing the recommendations above will help you to do this. Menopausal symptoms can be managed in a way that supports staff to be able to continue to work in the best interests of your business.

For further information or to discuss how NQHR can help your business to support staff please contact Rachel Brodie in our team on 07881 092528.

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.