Tag Archive for: hr

Home | hr | Page 6

Now and again, we get an employment law decision from the Supreme Court that is very important. When this happens employers need to sit up and take note.

The decision in Harpur Trust v Brazel is one of the those decisions, particularly for our clients in the education sector and also for those in the hospitality sector.

In terms of the legal implications of the decision, we can’t put it any better than Simon Bevan, employment partner at VWV, has in this excellent article and we would urge you to review this if you haven’t done so already.

I Think We’re Impacted, What Next?

If you employ part-year and irregular hours workers and retain them on a year round basis, then you may well be impacted and you’ll need to take the time to work through the questions that Simon identifies. This may not be straightforward and you will not be alone in seeking some specialist assistance with this. Do get in touch and we can help support and signpost you.

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While We Work This Out, What Should We Say to Staff?

You might be getting questions from staff and if this is the case, it may be prudent to issue a holding communication to say that you are aware of the judgment and are considering it.

Alternatively, you might decide to hold off with any communications until you’ve had an opportunity to consider the implications and decide on how you want to address matters such as your contractual arrangements and any backpay due to staff.

Whichever route you choose, we would urge you to tackle this issue head on as it’s not something that it going to go away and proactively tackling it will help you to manage your costs and budget in the longer term.

For specialist support with the impact of this judgment on your organisation, please contact Sarah Martin in our team on 07799 136091.

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

Date: Wednesday 14 September 2022

Time: 9.00am – 10.00am

Type: Virtual Online Event

Cost: Free

In this informal session, Lead HR Consultant Caitlin Anniss from Narrow Quay HR and Jessica Scott-Dye, Employment lawyer from VWV, will talk through the issues that can arise in connection with managing employees who are going through the menopause in the workplace. The menopause and its impact on work is highly topical at the moment and has prompted employers to consider what they do within their workplace on this topic. 
 
We will use case studies to highlight the key legal and day to day issues involved and provide practical ways for HR professionals to deal with them.

The session will be conducted virtually but we will use polls and the chat function to make the session as interactive as possible.

Speaker:  Caitlin Anniss & Jessica Scott-Dye

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

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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.

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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.

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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.

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Surprising statistics in a recent ACAS report estimated that workplace conflict cost organisations £2.85 billion in 2021. Workplace mediation is becoming increasingly popular as a more efficient, cost-effective alternative to formal legal proceedings.

The Cost of Workplace Conflict

The ACAS report ‘Estimating the costs of workplace conflict’ was published in May 2021. The analysis was provided by Professor Richard Suandry of the University of Sheffield Management School and Professor Peter Urwin of the Centre for Employment Research, University of Westminster. 

The headline statistics were a wake-up call. 

  • The cost of conflict to organisations was estimated at £2.85 billion, averaging out across employees this equates to more than £1,000 each. 
  • Close to 10 million people experienced conflict at work – of those over half suffered stress, anxiety and depression as a result.
  • Just under 900,000 took time off work – nearly half a million resigned and more than 300,000 employees were dismissed.

This analysis was based on 2018-19, impacted by #MeToo and BLM, but pre-COVID, which has further changed the landscape of work and employee expectations, as socio-political aspects of society that impact the workplace. It is anticipated that the cost of living crisis and summer of discontent will also impact more localised conflict.

Workplace Mediation Is Restorative and Cost-Effective

There is a growing demand for a restorative justice approach. This is where workplace mediation is most useful – as an informal and early intervention, with a no blame and win-win approach and ideally before the conflict becomes too entrenched and toxic. 

The role of the mediator in workplace mediation is to provide confidential, impartial and non-judgemental support to all parties. The mediator will foster a safe and constructive environment with open and honest dialogue to explore issues, with an aim to encourage participants to shift away from their adopted positions. The mediator will not direct or provide solutions – they come from the participants themselves, and own the outcomes.

How Does Mediation Work?

Workplace mediation usually takes place over a day, with some pre-planning and information for the participants, so they know what to expect. The individuals that take part must do so willingly, otherwise mediation will not work. 

The individuals involved are helped to articulate what the issue is, and to be heard (each individual has uninterrupted time when they are brought together). It is an opportunity to explore feelings and needs, to share hurt, which is rare in the workplace. Each participant is heard. Everyone engages equitably. 

The mediator will help all parties to generate and evaluate opportunities for future working. An agreement reached at the end can be useful, often just having the facilitated conversation can be enough to become unstuck and gain some movement and clarity.

Mediation can be used as an early intervention and an alternative to formal processes. It can be used part way through a formal process that will be paused, it can also be an outcome from a formal process It should not be used where there is a large imbalance of power, for bullying and harassment cases or where a formal disciplinary or grievance process is required.

Not all conflict is bad, conflict can be creative and help find solutions.

Narrow Quay HR offer a workplace mediation service. Our team of accredited mediators will be expanding in the autumn.  We offer an initial free of charge meeting to explore if mediation would be helpful.

For more information or support, please get in touch with Sarah Carrington in our team today on 07918 451 453.

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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.

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The Bank of England’s warning of a ‘sharp economic slowdown’ has sparked further fears that the UK could be plunged into recession.

The Government’s announcement of a review into how it can best support a thriving future UK labour market is welcome news, but with the two stage review taking place over spring and summer, will that support come quick enough?

As the UK continues to see a contraction across all sectors of the economy, we consider what steps employers should take regarding its staffing, to deal with the impact of a downturn.

Review Future Plans

It is important to look ahead to commitments you’ve made to establish if they are critical, and if they are, whether or not they can be deferred until you have some certainty.

For your employees this might mean reviewing training activities to ensure future relevance, and staffing plans, considering whether a recruitment freeze is an option.

Employers do need to ensure though that they consider how they will not only weather a recession but also respond in the aftermath – halting all training and recruitment may mean you’re not skilled and fully resourced to respond to future challenges.

Talk to Your Employees

It’s a balancing act for employers to ensure they keep employees appropriately updated on business plans, but without creating alarm and seeing your key staff jump ship. Key to this is relevant and meaningful communication.

You may not have all the answers or any fully formed plans, but communicating that it is on your radar and that you will share information when you can will help to gain trust and provide reassurance. It may encourage employees to review and consider their personal circumstances and avoid over committing. It can also provide clarity if you do decide to take steps such as putting training or recruitment on hold, avoiding your staff feeling even more frustrated and concerned. 

Follow a Fair Process

In the unfortunate event that redundancies are necessary, ensure that you follow a fair process to facilitate genuine and meaningful consultation that is sensitive and respectful to those affected. If you’ve communicated about your business plans appropriately, it should help staff to see this response is less of a knee-jerk reaction.

You need to prepare in order to run a process smoothly – use the time now to get clarity on your staffing numbers and commitments, making sure to consider all staff who may need to be involved such as fixed term contractors and temporary staff. 

For specialist HR support with any of these issues, please contact Sue Meehan Boyes in our team on 07384 468797.

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In light of the challenges of the pandemic and as part of an ongoing commitment to employee wellbeing, Thomson Reuters has introduced two annual company mental health day holidays, commencing in 2022.

On those days, Thomson Reuters encourages employees to ‘use the time off with intention and do something that gives the day meaning to them’.

This poses a question for organisations who share this increased focus on employee wellbeing. Are they also willing to implement such policies?

Why Invest in Employee Wellbeing?

There is now a much broader understanding and application of holistic health and wellbeing approaches in many workplaces. It is also clear that some companies are not yet embracing the health and wellbeing agenda to full effect.

Investing in employee wellbeing can lead to increased resilience, better employee engagement, reduced sickness absence and higher performance and productivity. To gain real benefit, employee wellbeing priorities must be integrated throughout an organisation, embedded in its culture, leadership and people management.

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Rising Mental Health Concerns

There has been a rise in the number of reported mental health issues over the past 10 years and it’s well recognised that in many cases the main risks to people’s health at work are psychological. This has led to a growing recognition of the need for employee wellbeing practices to address to psychological, as well as physical, aspects of health and wellbeing.

CIPD’s 2022 Health and Wellbeing at Work survey report show that organisations’ wellbeing activity is increasingly focused on mental health, with most organisations taking steps to support mental health and address workplace stress.

The survey also found evidence of a range of unhealthy working practices such as ‘presenteeism’ (people working when unwell), with 81% of organisations reporting presenteeism among people working from home and 65% in a physical workplace. Two thirds (67%) have also observed some form of ‘leavism’, such as using holiday entitlement when unwell or to work, over the past 12 months.

Looking Beyond the Statistics

There is still a lot of work to be done to ensure all workplaces are giving this topic the time and attention it deserves. Employers need to look beyond absence statistics to understand the underlying factors, such as unmanageable workloads, that are driving unhealthy working practices and influencing people’s wellbeing.

Your organisation may wish to support its wellbeing agenda through new initiatives such as additional wellbeing days for its employees, to demonstrate this driving focus on supporting them through the ever-evolving challenge of balancing work and life pressures.

For specialist support with these issues or for advice in implementing any new initiatives, please get in touch with Sarah Martin in our team on 07799 136 091.