Tag Archive for: hr

Celebrating International Women’s Day 2022

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International Women’s Day, one of the world’s biggest employee engagement days, takes place on 8 March 2022. It is a global opportunity to celebrate and acknowledge the achievements of women across the world. 

It also provides a chance to raise awareness of female inequality and discuss what can be done to create gender parity. 

#BreakThe Bias

This year, the theme for the day is focused around #breakthebias. The International Women’s Day Website states that, “Whether deliberate or unconscious, bias makes it difficult for women to move ahead. Knowing that bias exists isn’t enough. Action is needed to level the playing field.” Find out more about International Women’s Day. 

Still More to Be Done

Each year, more and more employers take part in the celebrations by marking the contributions of their female employees. However, the day also acts as a timely reminder to employers about gender equality and what still needs to be done to address the gender imbalance in the workplace.

Following on from the data published by the Office for National Statistics in October 2021, while the gender pay gap has been declining slowly, there is still significant disparity with regards to equal pay. In addition, women are still more likely to be subjected to sexual harassment and discrimination in the workplace and are also largely underrepresented within executive roles.

It is evident then that more needs to be done to address gender parity and employers should continue to analyse their working practices to ensure that that they are alive to any blind spots and are doing everything they can do create an equal workforce. 

If you think you would like to offer you staff some training around unconscious bias, we would be very happy to speak to you about the training we offer. Please contact Sarah Martin in our team on 07799 136 091.

Dean of Oxford College Agrees to Step Down After Three-Year Legal Battle

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Christ Church College in Oxford has just settled a matter that has run for three and a half years to get its Dean, Very Reverend Martyn Percy, to leave his post. This case highlights the risks of not dealing promptly with workplace disputes.

‘Immoral’ and ‘Scandalous’ Behaviour

The matter started following a dispute in 2017 over Percy’s pay and his efforts to reform the college’s governance including reviewing pay scales and safeguarding policies and him asking for job descriptions of senior academics.

 In 2018 as a result of that dispute he was suspended after being accused of behaviour of an ‘immoral, scandalous or disgraceful nature’, which was the wording of the College’s statutes under which a Dean can be removed.

The College instructed Sir Andrew Smith, a retired high court judge, to chair an internal confidential tribunal on the dispute. After an 11 day hearing behind closed doors in June 2019, Smith dismissed all 27 complaints against Percy and ordered his reinstatement. However, his did not resolve matters.

Sexual Harassment Allegations

In October 2020 the Dean was accused of touching someone’s hair after morning prayers and this allegation of sexual harassment added to the list of outstanding matters.  

Following a mediation, and in return for what was described as ‘a substantial sum’, the allegation of sexual harassment has been settled, and an employment tribunal scheduled for next year will not go ahead. Percy has agreed to leave in April.

This process has been expensive and damaging for the College. Estimates vary but some reports have said that the total costs of the matter, including the settlement, the reimbursement of Percy’s legal costs and cancelled bequests and donations to the College may be approximately £20 million in total. 

In December, Lord Patten, the Chancellor of Oxford University, said the “protracted and ongoing dispute” was damaging the University’s reputation. In 2020, the Charity Commission also said the dispute was “damaging to the reputation of [the College], and affecting its ability to govern itself”.

How Can You Avoid Similar Conflict?  

One of the reasons this happened relates to the complex governance structures of Christ Church, which is both a college and a cathedral. The College is run by a governing body but there is also a small but powerful group of academics known as ‘censors’ who wield significant amounts of power. 

A number of our clients, particularly the older independent schools, have complex governance structures and we have found that those can tend to lead to disputes becoming protracted. This can in turn lead to multiple layers of appeals and having many different voices and views often adds to the length and complexity of matters.

This case is a reminder to review how you manage your employees. You ideally want to aim for a simple, streamlined process. I once attended a disciplinary hearing for a client and thanks to their constitution, the panel was 100 people, as you can imagine that was never going to go well. 

Mediation

The other lesson is the use of mediation, which enabled the Christ Church College situation to eventually be resolved. With hindsight, it may have been more cost effective and less damaging to have had a mediation session at a much earlier stage. That echoes one of the regular themes of our investigations, problems that have been left to fester for a lengthy period rarely get better on their own. Bringing in someone to at least facilitate a conversation can help avoid a lot of problems. 

Our experienced HR consultants, including a qualified mediator, can work with you to help to diffuse conflicts in your workplace. Please get in touch with Simon Martin in our team on 07384 813 076 for more information.

IR35 Back in the News Thanks to Adrian Chiles

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TV presenter Adrian Chiles’ recent victory over HMRC in IR35 case has highlighted the complexity of the IR35 rules in the UK. 

Since last April private and voluntary sector businesses with an annual turnover of over £10.2 million, a balance sheet worth more £5.1 million or more, and 50 or more employees, will be responsible for deciding whether IR35 applies, and for deducting tax and NICs from contractors’ fees paid through intermediaries when it does not. 

There are a number of steps that you should be taking in respect of that and it is always worth getting specialist advice on this if the need arises. 

IR35 Considerations for Your Organisation

The first step is to decide where the responsibility for dealing with IR35 lies in your organisation, this is a matter that often straddles HR and payroll/finance and you need to make sure it doesn’t fall between the two stools.

The next is to create a list of who your organisation is contracting with, as IR35 applies to those who provide their services through a limited service company or via a supply agency. 

The next stage, and probably the most challenging, is to decide which of your contactors falls inside IR35. HMRC have provided an online tool which can assist but it may not be determinative, in which case it might be worth taking specialist advice. 

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The Three-Part Test

HMRC applies a similar test as Employment Tribunals to determine employment status, but they often arrive at different conclusions on the same individuals, and it’s worth remembering that a Tribunal decision is not binding on HMRC and vice versa. The test is as follows: 

  • Mutuality of obligations – The individual agrees to provide work, in return for a wage for the skill and work that they provide.
  • Control – The individual has given express or implied willingness to be under the employer’s control.
  • Other factors – The other terms and conditions are consistent with a contract of employment, such as ownership of significant assets, financial risk, or opportunity to profit.

Although a three-part test, traditionally the first two elements have tended to be considered to be the most important. Until recently that is. The sands may have shifted slightly, following cases involving high profile TV presenters who claimed to be working freelance, including for the BBC and ITV. HMRC challenged their employment status and, in the recent case involving the presenter Adrian Chiles, HMRC lost because of the third part of the test. 

What Does This Mean?

Now, it’s clear that it’s worth focussing on the third part of the test, we should think about some of the relevant factors which can include:

  • Is the individual in business on their own account? 
  • Does the individual use their own office, including working from home? 
  • Does the individual provide their own tools? 
  • Does the individual provide services to a significant number of other clients?
  • What percentage of total income does that end user contribute towards the individual’s financial earnings?

Employers, contractors, freelancers and consultants alike should take comfort from the shift in focus with, it would seem, greater significance now being placed on the bigger picture. However, this can be a complex area so we recommend seeking advice.

Please contact Jo Bradbury in the NQHR team on 07570 372118 if you would like to discuss these issues.

24 March 2022 – NQHR – Essential HR for Line Managers

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Date: 24 March 2022

Time: 9.00am – 12.30pm

Event Type: In-person

Cost: £125.00 + VAT

Register Now

The session will cover:

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

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

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

What others say… 

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

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

Where?

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

When?

Thursday 24 March 2022

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

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

Speakers:

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

Introducing Our New PO Box

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From 17 January, we have introduced a new PO Box for all Narrow Quay HR postal correspondence.

Please use our centralised PO Box:

Narrow Quay HR

PO Box 3501

Bristol

BS2 2FL

For any other enquiries, please contact our team directly, or use our enquiry form.

Is Hybrid Working the New Normal?

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A study published by ACAS last year shows that over half of employers in Great Britain expect an increase in demand for flexible working from employees after the coronavirus pandemic.

Hybrid working is a type of flexible working where an employee splits their time between the workplace and working remotely. 

How Should Organisations Implement a Hybrid Working Approach?

There is no single way to implement hybrid working in the workplace, as no single organisation is identical to another. However, all organisations may wish to consider the following suggestions by CIPD when implementing a hybrid working strategy.

Our Recommendations for Employers

  • Agree an overall strategic position on hybrid working for the organisation. This should culminate in the development of a policy and supporting guidance to clarify the strategy.
  • Consider what approach to hybrid working is really required within your workplace and the specific organisational context. This might include several different forms of hybrid working even within one organisation, depending on role requirements.
  • Engage with people managers throughout the organisation. This helps employees become part of the conversation and provides an opportunity to ask questions and raise concerns.
  • Offer training and development to support successful hybrid working.
  • Develop a communication plan to share plans for future hybrid working with all employees, including information on how to request hybrid working.
  • Consider and adapt to issues arising from hybrid working such as technology, employee wellbeing, inclusion and facilities matters.
  • Support effective team building and cohesion within hybrid teams.

It is likely that employers will have to deal with an increasing number of flexible working requests from employees in the coming months. Having a clear policy, suitable training and support as well as clarity on the organisational approach will stand all companies and employers in good stead in 2022.

If you would like help with any matters or concerns relating to hybrid working please contact Helen Couchman in our team on 07799 901669.

Job Adverts – Why Does Wording Matter?

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Could certain words in your job adverts be preventing people from applying for your vacancy? We consider what to look out for when writing a job advert to ensure you’re attracting a wide and diverse range of applicants.

Considering Word Choice

The Phoenix Group, which owns Standard Life, is reported to have dropped the word ‘energetic’ from its job adverts because it was concerned that it may put off older people from applying. It is also apparently planning to replace the word ‘innovative’ and replace it with ‘contributing new ideas’ or ‘problem solving’.

Why Has It Made That Decision?

There are two reasons, both related to the pandemic. The first is that there are a substantial number of employers seeking to fill vacancies, the number of job vacancies is currently at a record high as employers are trying to keep up with increased demand as the economy re-opens.

The other reason is explained by Phoenix Group chief executive Andy Briggs, who is the Government’s ‘business champion’ for older workers. He warned in February 2021 that older workers had been disproportionately hit by the pandemic. It was felt that words such as ‘innovative’ may put off older applicants.

What About The Effect on the Gender of Applicants?

A survey conducted in 2019 on behalf of LinkedIn found that 52% of UK women would be put off applying for a job if the workplace was described as ‘aggressive’, compared to just 32% of men. 24% of women surveyed also said they would be put off by the term ‘born leader’ being used in a job advert, compared to just 17% of men.

Despite this, the survey, which polled 1,008 employees and more than 250 hiring managers in the UK, found that two in five (40%) employers never considered gender when writing job adverts, and 44% do not track or measure the gender of those registering interest in job postings.

What Do Your Job Adverts Say?

Reflect very carefully on the wording in your job adverts. You need to be deliberate with the words you are using in job adverts, interviews, social media and in the workplace itself if you wish to attract, build and retain a diverse team.

You could consider testing the job advert wording you propose to use on a range of current staff as a focus group. Also consider whether you are just using your job advert wording because you have used it previously – is that a good enough reason?  

It’s also worth getting help from outside your organisation. We have recently run some very well received training courses on recruitment which cover, amongst other things, unconscious bias. Please get in touch if you’d like to discuss that training with us, or how else we can assist you.  

If you would like to discuss any way that we can help you with any questions you have about recruitment, please contact Sarah Martin in our team on 07799 136091.

Workplace Investigations – What Can You Learn from the Downing Street Parties?

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Recent investigations into ‘gatherings’ at Downing Street are being undertaken by Sue Gray, who also investigated claims of a staff party at No. 10 on 18 December 2020, when London was subject to severe restrictions.

Her senior colleague, the Cabinet Secretary, Simon Case, stepped down from carrying out the investigations because it was possible that he had attended one of the parties himself. Sue Gray’s investigation now includes the ‘bring your own booze’ event on 20 May 2020 and a wine and cheese gathering five days earlier.

As workplace investigators, we are aware of the issues that can arise during a workplace investigation. We reflect on the key things to consider when conducting an investigation, and how to prepare for the process.

Expecting the Unexpected

In one of our recent workplace investigations, we were asked to find the source of a leak at a school about a member of staff being involved in a safeguarding incident. All was progressing smoothly until one member of staff named the school’s investigator as the source of the leak. The investigator had to step down, leaving us to run the investigation ourselves.

In an investigation you must be able to react to unexpected developments and make appropriate changes to ensure that the process remains fair.

New Matters Might Arise

Fresh matters commonly come to light during our investigations. It’s important for those who have commissioned the investigation to know this to establish whether they want any new matters to also be included, rather than just expanding the scope without consideration.

If the commissioning officer wants the investigation to be expanded to include new matters then an updated Terms of Reference will need to issued. If that happens then depending on the stage we have reached we may need to re-interview some people to whom we have already spoken. It’s another reminder that investigations often don’t proceed in a linear fashion.

How to Deal With Multiple Incidents

The other matter to consider is how the investigating officer should address multiple events. When we carry out investigations we know it is important to first consider each incident on its own merits, which means considering the evidence related to each event.

We then need to consider whether any findings and conclusions can then be drawn by considering the various events together. We ask questions such as:

  • Are there any repeated patterns of behaviour?
  • Are the incidents similar?
  • Are the explanations similar?

In a disciplinary investigation it may be that any single incident in isolation would not merit a recommendation that it should be dealt with at a disciplinary hearing, but cumulative incidents would merit being considered at a formal hearing. This is particularly the case if an employee has been spoken to informally about their behaviour after one incident and then does something similar on a later date. It’s often only when we take an overview that the interconnected nature of the events reveal themselves.

For more details about how we typically carry out workplace investigations you may find our FAQ document helpful. If you’re looking for support with an investigation, please contact Simon Martin in our team on 07384 813 076 for more information on how we can support you.

Diversity and Inclusion – A Key Priority for 2022

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Recent statistics released by the Department for Work and Pensions show that the employment rate for disabled people was 52.7% vs 81% for non-disabled people, there has been a lack of progress made on gender pay gaps, and there is potential introduction of mandatory ethnicity pay reporting.

So it’s completely understandable that businesses will want to focus on their diversity and inclusion practices this year.

Diversity starts at the recruitment stage – yet a recent poll by the Chartered Management Institute found that just under half of managers said their organisations were actively taking steps during the recruitment process to increase the proportion of employees from diverse ethnic groups. Is this enough?

It is useful to remember that diversity and inclusion practises are not simply a tick box exercise, and that encouraging diversity in the workplace has such a positive impact on any business, including greater success, improved performance, ability to share new ideas and motivated employees!

Businesses should not underestimate the advantages that prioritising inclusivity and equality bring.

For support with improving your diversity and inclusion practices, please contact Sue Meehan Boyes on 07384 468797.

How Do We Keep Employees Motivated in Such Challenging Times?

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The effects of COVID-19 on your workforce may have been far reaching with the consequences not yet fully known. Such effects have no doubt been compounded by Brexit – so much so, that in many cases it may be difficult to conclude whether it’s COVID or Brexit that is responsible.

One thing we can be sure of, is that there is a lot of uncertainty in the workplace right now.

While the Government’s furlough scheme helped to prevent redundancies across various industries, the ending of the scheme in September 2021 left some businesses still having to make difficult decisions. Lack of certainty can very quickly lead to unmotivated employees and for this reason, it is important to foster a positive working environment where staff don’t feel ignored or unseen.

One of the ways you can create this environment, is to ensure your workers feel involved in your decision making, and able to contribute to the success of your business. Recognition and appreciation of peoples’ achievements really does go a long way, as does extending trust to your employees so that they feel empowered.

The easiest way to do this is to talk to your employees one to one. Determine their short term goals, and come up with a plan together as to how they can achieve these.

Showing empathy and support is also key. Whether or not your employees are voicing their concerns, management should take an active role in showing understanding for the impact uncertainty may be having on individuals.

For further advice on how to support your employees at work, please contact Sarah Martin on 07799 136091.