Work-related mental health issues shot up after the pandemic and have remained persistently high compared to pre-pandemic levels.

Burnout sits at the more serious end of the mental health spectrum, a consequence of prolonged stress, long hours and lack of support.

One survey found that nearly 70% of full-time employees claimed to have felt burnt out at some point, while a recent study by Deloitte reported that more than nine out of ten professionals work beyond their contracted hours.

In America, it’s said that employees experiencing burnout were 63% more likely to take a sick day and two to three times more likely to be actively looking for another job. In other words, if an employee is struggling with burnout, the impact is likely to be felt by colleagues and the business as well, eventually.

Many believe that this issue of burnout will hang around in 2024, so do you have a plan to address it?

First up, you need to be able to recognise the signs of burnout when it strikes, or preferably beforehand. These may include exhaustion, pessimism, negativity and reduced effectiveness.

If you think you may have a case, or one is brewing, schedule a 121 meeting in which you can start to address the issue. Talk to them to find out how they are feeling and if they recognise that they may be at, or near, burnout.

If they agree, the chances are they’ll say it is because of a combination of an unmanageable workload, a lack of communication or support from their manager (maybe you), impossible deadlines and trouble with colleagues or customers. It could of course be connected with a personal issue, too.

Even this very act of communication is a start to resolving the issue – a problem shared is a problem halved as the saying goes. They’ll feel less isolated. Your next move will depend on the exact causes, and the resources available to you.

Some good ideas may be to check they are using their annual leave (its primary purpose is to give employees a break), encourage better teamwork and perhaps a restructuring of workload. You could also explore training and development if you both think it could help.

We often advise an Employee Assistance Programme (EAP) as part of a benefits package, which includes access to confidential helplines which can also be a useful and cost-effective tool in tackling mental health issues like burnout. Ask us if you want to find out more.

Since the pandemic, there has been a growing trend of people secretly working two full-time jobs. One report by a management consultancy suggested that as many as 5% of employees may be doing this.

Flexible and remote working becoming more prevalent, the cost of living crisis, and now the rise of AI and automation are all factors that have combined to make such moonlighting more attainable for those who have the graft (and maybe gumption) to go for it.

Is it legal, though? Is it ethical? Would you have a problem if you discovered one of your employees was working a second full-time job?

To address legality first, there is nothing specifically in law that prevents someone working two jobs at once. There may be an issue around Working Time Regulations, although if the additional job is kept secret from you there is not much you can do about that; and there is provision for an opt-out on number of hours anyway.

A second income will, of course, alter their tax code which they are ultimately responsible for – a new tax code may be a clue to you that they have a second job if you were to notice it. A second employer will register them for tax and it usually ends up being at an emergency rate and then reclaimed at the end of the year.

The one point that should stop the practice dead in its tracks is if you specifically have a clause in your employment contract prohibiting them working another job – particularly not working for your clients or being in competition with you.

That brings us onto the other two questions we posed earlier. Is it ethical and do you care?

There could be an issue of trust at stake here, and also whether they are performing to their best for you. Any employer is bound to be unhappy if they discover they are paying someone who is shirking their responsibility, performing inadequately or not available at key times; could they be using company resources (especially the time you are paying for) for personal gain? This is clearly underhand behaviour that breaks the bond of trust.

On the other hand, if an employee is doing everything that is asked of them, and performing well for you whilst working out-of-hours for someone else, maybe it is not such a problem – so long as they do not burn themselves out!

Whether it is an issue now for you or not, going forwards you might look at whether your job specifications accurately reflect technologies like AI, that you have a company policy on remote work and second jobs and that employees understand what is expected of them.

If you want more protection from this phenomenon, ask us for a review of your employment contracts.

Did someone say the “H” word?

It is that time of year again, Halloween, when there’s a scary movie on the box, children are trick or treating and we share a few HR horror stories to send a shiver down your spine.

The witching hour
As understanding grows about the impact of stress at work and the right to switch off, more employers are sensitive to contacting staff out of hours and expecting an immediate response – especially not at gone midnight!
However, one banking executive, upon being warned by a colleague that his employee was not being paid enough to receive such a call, had a simple if somewhat diabolical solution – we’ll call him to give a pay rise, then ask our question!

Horrible bosses
In this tale from the US, two car mechanics were being repeatedly bullied because of their sexuality (here, a protected characteristic). Horrifyingly, rather than support them, the shop manager said he would sack anyone who reported the matter to HR. Needless to say, a law suit ensued.

Expensive mistakes
While certainly a difficult time for women experiencing it, the menopause can also present a challenge for employers trying to balance the well-being of employees against productivity for the business. One UK insurance company who got this balance wrong was ordered to pay £64,000 in damages. The tribunal noted that they could have altered the performance criteria for the employee and considered offering a change of role.

While all extreme examples, they do show what can happen when good HR is not established in a business. We’ll protect you from people and productivity problems before they get out of hand and turn into your very own HR horror stories.

There have long been penalties for employing illegal immigrants, but they are about to get much tougher.

Currently, a first offence of employing an illegal immigrant can land an employer with a fine of £15,000; with repeat offences earning fines of £20,000. Under the proposed changes, those figures would triple, rising to £45,000 and £60,000 respectively.

For unscrupulous employers, hiring illegal immigrants gives them a commercial advantage by allowing them to bypass the minimum wage and other employment rights. This is exploitative towards vulnerable people, whilst unfairly allowing such businesses to undercut legitimate employers who play by the rules.

So it is understandable that the government is trying to stamp out the practice. Since 2018 they have issued 4,000 civil penalties totalling £74 million.

It is possible you could employ an illegal immigrant inadvertently, and the key to avoiding this is following the government’s “right to work” checks. You should do this as standard every time you hire, and doing so properly will provide you with a statutory defence against the fines. There are different ways in which you can perform the checks.

You can conduct a digital right to work check. This may be the most common way of conducting your checks and there are a number of methods. The simplest may be asking your recruit to generate a “share code” from the Home Office’s online service which when passed to you allows you to log in and view their right to work status.

Alternatively, there is an option to outsource the task using Identity Document Validation Technology (IDVT) through a certified digital identity service provider (IDSP) who will carry out the checks on your behalf.

If, for some reason, neither of the above are possible (and the employee cannot provide manual documentation, see below) you may be able to go directly to the Home Office and use their online Employer Checking Service.

You can complete a manual check. To do this compliantly, you must meet your prospective employee in person with them bringing documentation from prescribed Home Office lists. You need to check the documents give them a right to work (for instance a UK citizen holding a UK passport), and that they are not obvious forgeries. Inconsistencies, like name changes after marriage, should be explained.

You’ll need to take copies of the documentation and retain them for the duration of the employment plus two years. For help ensuring you are compliant, just ask us.

It is said that leaders are paid the big bucks because they make big decisions; but could one of the best decisions you make be to involve your team in the decision making?

While you will trust your own judgement, and always reserve it for certain matters, there is so much upside to involving employees in some decisions.

Psychologically, you confer trust on them, helping them to feel valued and with a greater sense of control over their role. This is known to be a good thing, leading to higher engagement and increased motivation – both great for productivity. You’ll also get better buy-in on the outcomes of decisions, with employees appreciating that they are listened to.

Company decisions should, on balance, be better informed; with a range of perspectives introduced leading to more rounded outcomes. Differing perspectives may not always influence your overall decision, but they might temper it or help you understand where you’ll face resistance.

In some businesses, the employees will be closer to your customers than you. So accepting their input could help provide vital insight into how your customer base will respond.

Opening up the decision-making process could be an effective tactic for upskilling employees, helping them to think more broadly about issues and their wider effects. Working alongside you on such matters allows them to learn, whilst you can monitor their progress and judgement as you go.

As they improve, it may lead to faster decision making, and save you time through delegation. You are nurturing problem solvers in your business.

So how do you involve staff in decision making? It may well depend on the size of your business.

If it is just you and one or two others, mentoring might be a good approach, holding informal conversations to discuss issues, get their input and share how you do things.

If your team is a little larger you may still do this, but perhaps add a suggestion box, either a physical one or by way of an email address where ideas can be posted. When doing this it is important to check on suggestions regularly and respond to them, so that it does not appear an empty gesture. Employee surveys could be a good idea, too: for getting ideas, canvassing opinion and finding solutions.

There are some areas of employment law where staff have to be informed and collectively consulted: TUPE, 20 or more redundancies, and health and safety. In 2005, the ICE regulations came into force; and in 2008 extended to employers with 50 or more employees. They say that where 2% of employees request so, the employer must set up a consultation group.

Not many go the formal route, but having elected representatives is a good idea and can speed up formal consultation processes. Sharing information does improve employee engagement and no one person has all the bright ideas.

With one heatwave already been and gone in 2023, but still plenty of summertime left for another, having a plan in place to keep employees cool is not only good for them, but good for business, too.

An American study found that heatwaves account for $44 billion of lost productivity each year across 12 of the World’s largest cities, including Athens, New Delhi and Los Angeles. They predict this will rise to $84 billion by 2050, unless greenhouse gas levels fall.

Closer to home, and you probably experience first hand the symptoms of a hot and stuffy office: Irritation; more human error; and rows about fans, air conditioning (if you have it) and whether it is better with windows open or closed…

There is no legal maximum temperature for the workplace, although employers are expected to keep working conditions reasonable.
Many businesses do not have the luxury of air conditioning, so smaller measures will be necessary.

If you have a dress code, relaxing it, whilst still maintaining the appropriate air of professionalism for your industry, should be an easy first step for most businesses. If you have uniforms, can you design regular and summer versions?

It’s generally considered that windows or doors being open is preferable (assuming no air conditioning), to allow fresh air in, although this may spark some debate. Additionally, be careful not to breach any fire door regulations, though.

Office fans are a life saver. Nowadays individual workers can get mini ones which plug into their laptops. These may add a little extra firepower precisely where it is needed.

You could consider rearranging seating plans temporarily, too. Some people may struggle to cope more than others in the extreme heat, including older workers, pregnant women or those experiencing the menopause.

If you employ outside workers, the risks are even more acute, with sunburn, skin cancer, dehydration and heat stroke all a threat. Consider rearranging shifts so that workers are kept out of the midday highs; and supply suncream, adequate PPE (like brimmed hats), and plenty of drinking water.

Attention has rightly been put on the gender pay gap in recent years. With annual reporting required for larger companies this gap is closing, albeit slowly.

But the same endemic issues which cause the gender pay gap – a greater childcare burden, the cumulative effect of lower rates of pay, a lack of access to senior positions – have also led to a pensions pay gap even more stark.

Throw into the mix a lack of financial confidence (generally speaking) in women compared to men and the problem is exacerbated. A survey by UBS found that 63% of UK millennial women deferred long-term financial planning to their husbands or male partners; 85% felt that men know more about investing than they did.

Analysis between 2018 and 2020 found that for every £100 which men accumulated in private pensions, women accumulated only £65. That puts the gap at 35%, although there are other ways of measuring it.

So what can you do as an employer, who wants to foster equality in your business and attract the best talent, be they male or female?

The same actions that you would take to address the gender pay gap are a good place to start – ensuring compliance with the Equality Act on pay rates for men and women doing similar work; checking that your recruitment, retention and promotion processes operate on a level playing field; running a supportive workplace that women do not feel forced to drop out of at key stages of family life.

Some businesses facilitate “lunch and learns” for their employees. These may even be offered for free by third-parties happy to impart knowledge in return for potential customers. Partnering with a local financial adviser could be an excellent way to make all your employees more confident about long-term financial planning.

A recent industry survey revealed that 76% of employees would be more likely to work for a company with a “work from anywhere” policy.
How would you feel about letting your employees work from anywhere in the world?

It may sound unrealistic and nomadic; and for many it will be – but if it is possible it doesn’t have to mean your employees working abroad full-time. Many just want the option to work remotely when on holiday, to extend their time away.

First, let’s not blur the technical lines between holiday and work. Working time regulations make it clear that everyone must have four weeks holiday – so an employee must be either “on the clock” or not.

That said, it has long been a practice for people to tag a couple of days (proper) holiday onto the end of a business trip. The workcation is the reverse – some time properly available and working for the business, but from the location of the holiday. It may be to fit in with an itinerary, get the benefit of a few extra days sunshine or, say, manage the interval between long-haul flights.

So now we are clear what we are talking about, what would the practical considerations be to facilitate it, should you wish to?

Time zones, connectivity and data protection should all be considered, and any one of these may make such working impracticable or impossible. For longer-term arrangements, issues like visas and taxation become an issue and specialist advice would be recommended.

Holidays don’t have to be abroad of course, and things become simpler when people want to “work from anywhere” domestically. It’s got to work for your business though. Weigh up the practicalities to you and your operations, your staff relations, how important such flexibility is for recruitment and retention and fairness across all staff.

A clear, consistent remote working policy will help your business deal with requests, and keep things fair for all employees. Just get in touch if you’d like any help updating a policy, or putting one in place.

While it is important to take your time when hiring, adding unnecessary delays to recruitment could cost you talent.

According to a 2022 recruitment report, 65% of employers worldwide lost out on their favourite candidate as their hiring process was too long.
As an SME, you may admire the recruitment processes that big corporations are able to develop; but if you can emulate their rigour whilst adding your nimbleness, this is a chance to beat them. Good preparation can unlock this, so planning is key.

The survey reported that 50% of all UK professionals have declined a job offer because the hiring process was too long. So in order to attract the best talent, you’ll want to keep it short and sweet whilst not missing the important parts. Here are some simple ways to keep your application process engaging…

Stick to tight timescales, and line up all those involved within your company so they are free to do the CV screening and interviews (factor in fall-back dates in case candidates are not available on the first interviews you offer). Hiring is often held up because managers are on holiday or busy.

If you know that you will get a good response, include a short cut-off time for applications.

Transparency with your candidates is key. In the invitation to the first interview, outline how the application will progress and the timescales involved. For example, how many interviews will there be? Will there be a task involved? If you can provide approximate dates for each stage, even better.

Initial telephone interviews generate momentum and save time as they are quicker to implement. They mean that face-to-face interviews are reserved for seeing only the best.

Stay in communication with your candidates throughout the process. Even if decisions haven’t been made yet, actively communicating with candidates will ensure your company appears a switched-on and engaging place to work.

Finally, don’t forget to respond to unsuccessful candidates: It’s simply good manners.

Ultimately, the best recruitment process is one that is thorough and works for you, but that keeps the applicant fully engaged. If you’d like more bespoke advice, just get in touch.

An industry survey conducted towards the end of 2022 shows we truly are in grievance season, with 30% of employers seeing a rise in grievances over the last two years.

There is the usual dissatisfaction about workplace conditions, including a broken or unusable toilet and kitchen facilities, problems with workplace temperatures and perennial arguments about parking.

However, the survey reported the main cause of grievances in recent times to be relationships with managers or colleagues. Broken down, the top three reasons for grievances were:
- Bullying or harassment (67%)
- Relationships with managers (54%)
- Relationships with colleagues (49%)

More topically, 37% reported pay and grading as their primary cause of grievance. With rising costs of living and surging inflation, this will come as no surprise. The recent winter of discontent, which continues to see industrial action, is a glaring reminder of employee pay dissatisfaction.
When it comes to resolution of these issues, four in ten respondents said managers were ineffective at resolving complaints before they reached a formal grievance level.

Have you noticed an uptick in complaints? It’s not all doom and gloom – there are steps that can be taken to resolve grievances and improve employer-employee relations.

Fostering a supportive business culture which offers open communication to employees is key.

Your employees should feel comfortable that they can raise complaints informally at first, in the knowledge they will be addressed and discussed fairly. When you establish this trust, and support those involved at every stage, complaints are more likely to be resolved than if they’re escalated to a formal level.

The survey also shows some managers feel lacking in the training required to deal with complaints. To be a successful manager, it’s crucial to have the skills and knowledge to handle and resolve complaints. Our training courses can help to provide these skills.

When a grievance does arise, it’s essential that you have a proper grievance policy in place. This will include the structured steps you will follow to resolve it fairly. If you’d like support in producing a grievance policy, please get in touch. In this season of grievances, it’s best to be well prepared.

The findings of a recent study by the Positive Parenting Alliance provide some useful insight to SMEs on the impact that divorce can have on employees in their workplace.

Almost all respondents said that their performance suffered (90%) and mental health declined (95%). Nearly 40% said that they had needed to take time off, and less than 10% said their employers had specific support measures for this difficult time.

An earlier study, undertaken in 2021, found that one out of eight people who experienced divorce left their company within a year, too.

With drops in productivity, recruitment costs and the desire to help valued colleagues during a low point in their life, the case for offering more support is clear.

So what might employer support look like?

It could simply be good line management in exercising discretion based on the needs of the individual. Gestures like additional flexible working while the school run is sorted out, or solicitor’s meetings need to be attended, and signposting of separation support services which charities provide.

Running an employee assistance programme (EAP), so useful in a variety of scenarios, will come into its own when a staff member experiences divorce. It will take some of the pressure off line managers who may feel a little out of their depth. At only a few pounds per month per employee, we really do think they are a way to deliver real value in a benefits package.

Of course, your support could be more formalised by recognising separation as a life event within your policies which deal with employee well-being, and may be linked to compassionate leave – whether paid or unpaid.

Great line management, whether coming directly from you as a business owner or from managers you employ, is key to delivering empathetic and effective solutions during adversity. If you would like to explore the training options we can provide, please get in touch. We can also tell you more about EAPs if you are interested.

2023 is likely to be a busy year in employment law with plenty of changes for SME employers to look out for.

The spark for the most significant changes on the horizon is the Retained EU Law (Revocation and Reform) Bill. Yes, it’s another Brexit thing, but this could be seen as tying up all the loose ends from our departure from the EU.

Currently, if there is a conflict between UK and EU law, EU law takes priority. This will stop after 31 December 2023 as this Act allows the government to scrap or replace all the EU laws we have retained since Brexit.

There is a lot to get through and already there is talk of postponing this to 2026. We expect the eventual shake-up of employment law to affect Working Time Regulations, Agency Regulations and TUPE.

Some of these changes will be welcomed by business, such as allowing harmonisation of terms and conditions after TUPE. There is a lot of hype about it all but in the end it may be a totally damp squib!

A slew of private members’ bills is also working through parliament with government support.

When passed these will give workers more rights around requesting flexible working; add further protections for staff against sexual harassment; introduce a right to unpaid carers’ leave for employees who have dependants requiring long-term care; and extending redundancy protection related to maternity, adoption and shared parental leave to include any period of pregnancy and a number of months afterwards.

There may also be legislation introducing a right to neonatal leave and pay; and, for the hospitality sector, new laws on the fair distribution of tips.

All of the above will take time to percolate through parliament; but one thing that’s certain for the first half of 2023 is the raising of various statutory rates on 6th April. Headlines here include the national living wage increasing 9.7% to £10.42 per hour for people from their 23rd birthday, and the statutory sick pay rate rising from £99.35 to £109.40.

In the three months to September 2022, according to Statista, there were 75,000 redundancies made in the UK. 

The economy is declining, and the Chancellor is predicting it will get worse before it gets better. Many firms who have already made savings and put expansion plans on hold are now looking at taking significant costs out. This usually means restructuring and redundancies. 

How to retain the best staff for the future is often the biggest question facing business owners. 

The legal process for redundancy must always be followed. This starts with a consultation. It is not good enough to simply present the business case as a fait accompli and proceed at speed. 

Listening to employees can, on occasions, produce surprising ideas and offers, such as a temporary reduction in pay to save jobs.
The next stage is vital. It involves grouping all the people with the same or similar roles who will be at risk of redundancy and marking a selection criteria. 

Do remember to make reasonable adjustments in the scoring for disabled employees. 

Typical criteria are attendance, performance and live disciplinary records, but can include specific business needs. The marking must be evidence based, as this is the way that you can fairly ensure your best staff survive. 

It is worth having professional help at this stage to avoid the risk of an unfair dismissal claim. 

Don’t forget there is a cost to redundancy: statutory or contractual company redundancy pay, notice pay and any accrued holiday that has not been taken. 

Even employees with under two years’ service can make a tribunal claim for unlawful deduction from wages. 

We know this is a difficult time for employers and employees alike. Handling the process professionally and with compassion can make a difference not only to those leaving but to the remaining staff as well. 

The recent firings and redundancies by Elon Musk at Twitter should serve as a stark reminder of how not to handle the situation!

Happy employees can only mean good things for your business. However, a recent study has shown that only 25% of employees feel confident in their career at their current company. Why are so many employees having doubts? 

One reason may be that fewer than one in three employees surveyed knew how to progress in their current career over the next five years. The survey revealed that only 50% said their manager gave them specific feedback on career progression. 

It appears developing skills outside of roles is a priority to employees. The majority said it was more, or equally, important now than before the pandemic to do so. 

Providing your employees with the opportunity to grow is key to retaining them. As part of your performance appraisal procedures, introducing a training and development plan can boost your employees’ satisfaction. 

The study also found that 41% of employees did not feel comfortable sharing concerns at work with their managers. So, it goes without saying that creating an open and honest culture is invaluable. 

If your employees have the confidence to come to you with any issues, it is much easier for you to address them. This will help boost morale and will potentially avoid them becoming dissatisfied and looking for a new role elsewhere. 

The results revealed that 75% of those surveyed also wanted to dedicate more time to their personal lives, whilst two-thirds wanted to find a purpose beyond work. Work/life balance is important to your employees, so being able to work in an environment where this is considered will contribute to their job satisfaction and overall happiness whilst working for you. 

For many businesses, hybrid and flexible working has become far easier to implement since the pandemic. So, if it works for your business, it is worth considering. 

In turn, your employees are more likely to repay you with dedication and loyalty.

Everyone is feeling the bite of the cost of living crisis now. Bills and prices are soaring left, right and centre. Many people are facing a difficult winter and becoming more mindful of when and where they spend their money. 

Enter the cost of working crisis. 

As some employers are keen for staff to return to the office, it has left many employees concerned. According to a survey from Adaptavist, over 1,200 UK employees said that due to inflation and cost of living, returning to the office is something they are worried about. 

Rocketing gas and electricity bills have made working from home more expensive, but 44% of surveyed UK employees say that they are worried about the additional costs of working from the office full time. This includes things like not being able to afford the commute due to train or petrol prices. 

If it is an issue in your business, could you consider offsetting this worry by offering things such as a commute reimbursement or free parking? In the survey, 29% of employees said this could tempt them back in. 

However, many employees are preferring the hybrid approach, with their time spent between the office and home. Working from home comes with its benefits, such as a better work/life balance, fewer distractions and saved time and money on commuting. 

It also makes being in the office more valuable, with employees having face-to-face time for meetings, building team relationships, and elevating the company culture – employees may feel better about only having to come in a few times a week, as opposed to every day.
If you can be alive to this, you will be well placed. Nearly 75% of employees said returning to the office will nullify the most important of their workplace freedoms. 

Hybrid working can work out as cost-effective for employers and employees alike. Businesses can really benefit from the time where their employees are in the office and use it as an opportunity to gather the team, collaborate and reinforce everyone’s purpose.

You have probably seen in the news the furore surrounding the appointment of a man in the role of period dignity officer in Scotland. The decision rightly drew fierce criticism from many quarters.

It may have raised questions for you as an employer as to whether you can specify the sex of a person for a role you want to fill. After all, under the Equality Act 2010 discrimination can start at the job advert stage.

Gone are the days when many specific jobs were once seen as only being for men or women, like a nurse, cabin crew or firefighter. Fortunately, there is still provision in the law for a role such as period dignity officer to be the preserve of women.

This is permitted by a defined exception within the Equality Act 2010, referred to as occupational requirements. These are applicable when a job can only be performed by someone with a specific protected characteristic.

For example, a teacher of a specific religion holding those religious beliefs or, as may be argued in the case of the period dignity officer, being of female sex. This is seen as a proportionate means of achieving a legitimate aim.

Companies wishing to increase the diversity of their team can also legally take a proactive approach to achieve this in the workplace. For instance, they could carefully target job adverts or training to help disadvantaged groups.

It is worth seriously considering where to place adverts to widen the selection pool. The recruitment process must be fair though, and if there are two candidates of equal ability the preferred characteristic can be the deciding factor, but not if they are of less ability.

It is important as well to be cautious and take advice, as the period dignity officer, after his role was scrapped, is taking legal action.

Due to the pandemic and other economic factors, it’s becoming more commonplace to hear from ex-staff members wanting to work for their employer once again. These are also known as “boomerang employees”.

If you saw our article back in May, you will know that rehiring an ex-employee could turn out to be a mutually beneficial arrangement, with all considerations met.

What if the employee wants to come out of retirement? Pre-2020 this question was less likely to be asked. For most people, retiring has been a long time coming, and they usually aren’t planning to return to work.

Times have changed, however. New data analysis from Rest Less, a digital community for the over 50s, suggests that employers can expect to be hearing from job seekers who are leaving retirement to re-enter the labour market.

One in three 50–64-year-olds surveyed are considering going back to work. Perhaps unsurprisingly, a key motivator for this was reported to be financial. It wasn’t the only one though, and some people simply miss the mental and social stimulation that comes with employment.

Hiring someone who was retired, or “retire and return” as it’s also known, is possible. You can also hire an ex-retiree who is completely new to your business. Either way, you will need to ensure that your company is age inclusive to allow them the best possible start for success.

There are many benefits to having a multi-generational workforce. An inclusive company culture that allows everyone to thrive can reap real benefits.

Multiple perspectives can bring new ideas and problem-solving abilities to your weekly meetings. It gives younger employees the chance to learn from their more experienced co-workers and vice versa.

When developing an age inclusive company culture, it’s also important to be a

ware of the unique challenges that can arise. You’ll want to be prepared so that you and your team leaders can manage effectively.
Watch out for negative stereotypes or bias that can lead to discrimination. Age is a protected characteristic under the Equality Act 2010, and a person should not be treated unfairly because of their age. This is also known as ageism.

Examples of this might be passing an older employee over for training or promotion because of a perceived low flight risk. In fact, we have seen this play out at a recent Employment Tribunal in which the employee won a whopping £96,000 for unfair dismissal and age discrimination.

Employee development is just one area for attention. You’ll also want to ensure that employees communicate effectively and with respect. If you hear Twitter’s favourite ageist slur “Ok boomer” in your workplace, it would be wise to call it out to make sure that all of your employees feel welcome at work.

Managing remote workers became a necessity for most businesses during the pandemic. For some employees, like graduates, they never even stepped foot inside an office. Remote work was their introduction to the working world.

At the time there were restrictions on travel, so there would be no reason to think that your employees wouldn’t be working from home as agreed. Now however, overseas travel is booming, and with holiday season in full swing, an employee could be tempted to try their luck at secretly working abroad, especially if they are running low on holiday days.

It is a belief for some that, with a good Internet connection, you can work from anywhere in the world. This can be true and many online businesses do operate in this way. However, this is an important business decision and one that you would need to make after considering all the pros and cons. It’s not for an employee to decide.

Not knowing where an employee is working from is risky. Think data protection, security and health and safety, and that’s just for starters!
For businesses that are operating fully remotely, or even on a hybrid model, employers must clarify permitted locations for working. You can do this by updating employment contracts or introducing a remote work policy.

What should you do, then, if you suspect that an employee is secretly working from overseas?

You would need to do some detective work to confirm your suspicions. They could have genuine reasons for not attending a work social so you may need to try something else.

For example, a simple call to their mobile can be very revealing – we all know that familiar change in ring tone which is a dead giveaway that someone is not in the country. Or perhaps you could ask them to return some company hardware at a designated time and place for a routine health check?

If they’ve picked a picturesque location, they might be tempted to boast about it on social media, and yes you can use that as evidence in your investigation.

Time stamps on emails or other online activity are also a good indicator of someone’s whereabouts. Failing that, a conversation with their co-workers can help you piece information together.

If you feel you’ve got good evidence to back you up, broach the subject with the employee and inform them that they are not authorised to be working from an undisclosed location and must return asap. If you are concerned about a security breach you may need to be prepared to revoke their access to certain systems right away.

When they arrive back you should initiate disciplinary action and see the safe return of any company property. It’s a pain to have to take time out to deal with situations like this. Remember that we are here to help.

When managing a multitude of personalities, there can be times when you are called to settle a disagreement involving your employees. Sometimes it will be obvious what you need to do, but other times it can be more complicated.

This can be especially true if you have a strong headed employee insisting that they are right. You may even have them reciting the law at you or standing firm on their right to freedom of speech.

It’s an area of increasing concern for some employers, challenging an employee who applies pressure, sometimes social or political, to suit their agenda. This is also known as being “woke”.

Being woke refers to being aware and alert to perceived social injustices. A woke employee might be a passionate activist in their spare time, but they still need to adhere to the rules of your business when under your employment. Conversely, in some larger organisations, it might be an employee accusing their HR department of wokeness if they don’t agree with certain policies.

It’s important to listen and establish the facts of conflicts in your business, whether between co-workers or even an employee and a customer. This will help you be fair and justified in your response. Not everyone is going to agree with you and may challenge your decisions. This is why HR processes that manage conflicts, disciplinaries and grievances are there to help you. Having clear policies and a unified leadership team that can reinforce these is also key.

Under the Equality Act 2010, nine characteristics are legally protected from discrimination: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

What happens though when two protected characteristics are in conflict with one another?

In deeming whether discrimination has occurred against one employee, you need to mitigate the risk of indirect discrimination against the other. We have seen examples of this play out in employment tribunals where gender critical beliefs or faith-based expressions on social media have triggered claims of discrimination against sex or sexual orientation or religion and philosophical belief.

When a person leaves your employment, it’s usually the final chapter of your working relationship.

Typically, you would be making arrangements to fill the vacancy and wouldn’t expect to see your leaver show up for work again. It would be a bit strange after the card, speeches and send off, after all.

On rare occasions, however, you may be faced with a situation that leaves you wondering if you should rehire an ex-employee. Perhaps this has become more commonplace since the pandemic and Great Resignation.

Don’t ask them to return that parting gift just yet (or at all). There are a few things to consider before you seal the deal.

Think back to the reasons why they left and whether this was on good terms. How long has it been since they left? Has the business changed? Can they fit in with new team dynamics and meet your current requirements? These are all important questions to ask yourself when deciding.
A positive of rehiring an ex-employee can include their familiarity with your business and vision. If they worked well with existing employees, their return may be a morale booster for the wider team.

What about the negatives? If the business has significantly changed, they may find it hard to slot back into things. It would be wise to prepare them if this is the case to avoid them comparing, or suggesting that the old way was better.

You may also have concerns over loyalty. They left once before, will they do so again?

Talk to them to understand their reasons for wanting to return. Ask about long-term goals to see if these match your business plan. This is equally as important if it is you who has approached them about returning. For example, do you need them for the long or short term? Have their circumstances changed? These factors matter and should be discussed early on.

When it comes to HR admin, legally you can rehire an ex-employee, and there is no specific waiting period before doing so. If it is less than a week they will not have lost their continuity of employment.

If an employee has been made redundant for a genuine business reason and the process, including searching for alternative employment is carried out, but suddenly a significant change occurs, does the employee have to return the redundancy pay? Surprisingly the answer is usually no, but their continuity of employment is automatically severed. Some local authorities have different rules regarding redundancy.

Acas published guidance to help employers better understand this and avoid risky fire and rehire practices focused on changing employee contracts and pay.

Overall, rehiring an ex-employee can be a mutually beneficial arrangement if requirements can be met on both sides.

April is Stress Awareness Month, and although stress can occur at any time throughout the year, it’s a good opportunity to pause and check-in on your own stress levels as well as your employees.

How might you go about this? You wouldn’t want to ask every employee if they are stressed, it wouldn’t be practical, nor would it give you real insight; some people may hide that they are struggling through fear of seeming incapable.

A much more effective method would be to identify and reduce the risk of negative work-related stress in your business.

Believe it or not, some stress can be positive. It can allow people to thrive and reach their potential. It’s important, though, that limits are observed and respected, as pushing a person over the limit is a one-way street to burnout. Every employee will have their own limit, so how do you know when someone is close to theirs?

Regular reviews or 121s with employees are essential to keep communication flowing and for receiving progress updates on work. For example, if a deadline was missed, this is an opportunity to find out why, and if there is a need for clearer communication, training or support.
Work-related stress can be the result of different causes. An HR review can help to identify these, but a major one to be aware of at present is that of an increasing workload. Following the Great Resignation, and at a time when COVID related absences are still impacting teams, low staffing is a problem for many employers, their employees, and subsequently clients.

Those who are in work and covering for others may have an increasing workload. Without the right support, they are at risk of stress, which can impact health, well-being and lead to more absences.

If you’re one of many employers currently dealing with staffing issues, show appreciation for those working hard to keep the business operational. Remind them of the importance of taking a break and if you have any other health benefits in place, such as an Employee Assistance Programme, make sure that staff are aware of the support available to them.

As winter becomes yesterday’s news, so too does coronavirus – to an extent. Yet whilst we know when winter will return, an outbreak of COVID-19 is a less predictable event.

For now, the UK government has shifted its focus from legal restrictions to personal responsibility in the management of coronavirus. In the plan, Living with COVID, the government has acknowledged that a successful vaccination programme has allowed restrictions to ease, but reminds us that the virus has not completely gone away.

Employees in England are no longer legally required to self-isolate after testing positive for COVID-19. Wales will relax all legal guidelines on March 28th, and Scotland relaxed most legal guidelines on March 21st. There is no legal requirement to be vaccinated in the UK. Plans for this to come into force for the health and social care sector in England have been scrapped.

Where does this leave employers? Still with a duty of care to protect their staff and provide a safe working environment. People can still catch COVID and suffer symptoms for a long time afterwards.

To reduce the risk of COVID interruptions in your business, there is much to be considered.
How will you respond to a staff member testing positive? Will this impact sick pay? Remember that the SSP Rebate Scheme ends soon. Can staff work from home? Will you provide lateral flow tests?

In the absence of legal guidelines (check with your local government for up to date health advice), conducting a risk assessment and introducing your own COVID isolation policy that aims to protect staff and support your business is recommended.

Your COVID isolation policy can be a useful tool to reassure employees of your commitment to providing a safe working environment. This is especially true for vulnerable employees who may have reservations about returning to the workplace.

It’s a good idea to speak to your team about any concerns that they might have about attending the workplace. Involving them in the development of your policy, which will be unique to your business, can lead to better co-operation and transparency within the team.
New public health guidance on the matter is expected post-April. Until then, reviewing your sickness absence policy and carrying out a COVID risk assessment would be a wise move.

Holiday management for employees can seem simple at first. For example, many employers may take the “use it or lose it approach” leaving the leave, as it were, up to employees. Statutory holiday cannot be carried over and can only be paid in lieu on termination. However, it would be best practice to encourage employees to use their holiday.

Calculating holiday pay can be where some employers get stumped, especially for employees working variable hours.
We wanted to highlight a couple of cases that show just how complex holiday management and pay can get, as well as the financial risks of getting it wrong.

The case of Brazel v The Harper Trust shows how complicated it has become. Music teacher Mrs Brazel worked variable hours and was paid for the hours worked. The Trust paid her in line with Acas 12.07% guidance for casual workers over the holiday year. They argued it was fair to pro rata the holiday pay for term time workers but the Courts disagreed.

The ruling was that a permanent part-year worker must be paid the full 5.6 weeks holiday averaged out over the previous 12 weeks. Since then, employers have to average out over 52 weeks. This case is awaiting judgement from the Supreme Court.

Another factor influencing holiday calculations is employment status, as seen in recent cases concerning Smith v Pimlico Plumbers. In this example, the employer fell at the first hurdle by incorrectly classifying Mr Smith as self-employed when his working relationship meant that he was a worker with rights.

This fuelled a further claim from Mr Smith that he had missed out on his holiday entitlement during his contract. The Supreme Court ruled earlier this year that he be paid the back-dated holiday pay.

What’s significant about this case is that it was outside of the usual time frame allowed for back-dated holiday pay claims. Typically, a claim must be brought within three months, but it had been years in Mr Smith’s case. Why the exception?

Due to Mr Smith’s incorrect employment status, he was not made aware of his holiday entitlement and therefore not given the opportunity, or been encouraged, to take his paid annual leave. His right was not lost at the end of each year but carried over, meaning his holiday accrued. The Court found that the usual three-month cap did not apply. This case shows how a claim for historical back-dated holiday pay can carry a hefty financial risk for employers.

Holiday calculations and management need not be so troublesome. Professional HR advice will keep your processes in line with employment legislation, whilst HR software like The HR Dept Toolkit can help with important record-keeping. With an extra bank holiday this year for the Queen’s Jubilee year, now is as good a time as any to get confident with holiday management for employees.

New Year, new legislation? Coronavirus may still dominate the headlines and continues to be a major focus for business owners, but we wanted to highlight some other important HR topics to stay abreast of in 2022.
Pay increases
Hopefully already on your radar, national minimum wage (NMW) and national living wage (NLW) rates will increase on 1st April as follows:
NLW workers aged 23 or older from £8.91 to £9.50.
NMW workers aged 21 and 22 from £8.36 to £9.18, and for those aged 18-20 from £6.56 to £6.83.
NMW workers younger than 18 who are no longer compelled to attend school, from £4.62 to £4.81.
NMW first year apprentices or under-19s from £4.30 to £4.81.
Several statutory pay rates including maternity, paternity, adoption, shared parental leave and parental bereavement pay will increase from £151.97 to £156.66 on 3rd April.
From 6th April, sick pay will rise from £96.35 to £99.35, and the statutory redundancy weekly cap will also increase.
Extra bank holiday
An additional bank holiday has been announced for Friday 3rd June to mark the Queen’s Jubilee, whilst the spring bank holiday has moved to Thursday 2nd June this year, creating a long weekend.
The new bank holiday is not an automatic day off for everyone though and the wording in your employment contracts will be the decider. Some employers may like to acknowledge it as a goodwill gesture if it can work for the business. Start thinking about staffing now and prepare for an influx of leave requests from those hoping for a longer break.
Employer’s duty to prevent sexual harassment
Employers already have a duty of care to protect their staff. The change due to come into effect places a duty on employers to proactively prevent sexual harassment in the workplace. A statutory code of practice is expected to be launched as a guide.
Whilst it has not yet been confirmed that this change will come into effect this year, business owners can prepare by encouraging a culture of respect and inclusivity in the workplace.
Vaccinations
Back to COVID-19 to share a reminder that mandatory vaccinations have been announced as a condition of deployment from April for care home and health and social care workers, as well as NHS workers, in England.
Employers in other industries looking to introduce a “no jab, no job policy” or amend sick pay for unvaccinated staff should seek professional advice to avoid the risk of discrimination.
Right to work checks
Digital right to work checks were temporarily introduced during the pandemic to ease delays to employment during lockdown. From April, the change becomes permanent and government validation technology will be available for employers’ conducting checks on British and Irish citizens. An existing online service will be available for right to work checks on overseas applicants.
The Employment Bill
The Employment Bill was announced in 2019 but has been largely overshadowed by the pandemic. Important changes that may occur in 2022 as a result of the bill include:
The right to request flexible working from day one.
A right for workers to request more predictable hours after 26 weeks of continued service.
One week of unpaid carer’s leave from day one.
A code of practice on fair and transparent distribution of gratuities will see hospitality workers gain the right to receive their tips in full.
Extended redundancy protections for pregnant workers and those on maternity leave.
Whilst the above is not an exhaustive list, it should help you to remain aware of the key HR topics that may affect your business and people management this year.