Our Monthly Newsletters
Because People Matter
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We are looking at ways of keeping our clients updated with relevant information.
We will be writing useful blogs which will be published on our website, and we are preparing a monthly newsletter to keep you up-to-date with pertinent information.
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January 2025 Newsletter

SWAP YOUR ANNUAL PERFORMANCE REVIEWS FOR MONTHLY 1-2-1'S
Already dreading your annual performance reviews? Do these sessions rarely produce the results you want? Wish there was a better way to boost the productivity of your employees?

There’s another solution, a trend that has been around for a while. In recent years, many businesses (like Yahoo and AstraZeneca) have been switching from annual performance reviews to more frequent 1-2-1s, instead. Whilst it may seem counterintuitive to make reviews more frequent if you don’t enjoy them – there are actually a whole range of benefits for doing so.

The traditional review structure can often result in behavioural or performance issues being left unaddressed for months until the annual reviews come around. This can negatively impact overall business performance and productivity, as well as leading to employee disengagement if they find these highly anticipated, occasional sessions dissatisfactory.

Frequent 121s and check-ins are a reliable alternative to traditional annual reviews. This structure provides you with more opportunities to discuss and address concerns as they arise – preventing minor mishaps from spiralling into more disruptive issues.

And let’s not forget the opportunity to more regularly praise a job well done, or mark someone going the extra mile, in a timely fashion.
Regular check-ins allow you to better track your employees’ productivity towards business goals, as it is easier to monitor progression. Simultaneously, employees are positively receptive to more frequent 1-2-1s: it gives them more sense of purpose, the ability to better voice their needs and concerns, and ultimately boosts company morale.

The truth is in the statistics, in 2024 AstraZeneca found that 85% of their employees received regular coaching: correlating with a 70% increase in manager confidence for holding meaningful coaching sessions and a 12% increase in core capabilities.

It’s clear that forward-thinking businesses are evolving from traditional performance reviews to more regular, consistent 1-2-1s. But we understand that as desirable as this switch is, it can be hard to know exactly how to implement it: that’s where we come in.

Get in touch today to see how we can help you implement regular 1-2-1 reviews across your business: helping you to boost morale, productivity and performance.
UPSKILLING STAFF WITH E-LEARNING
For cutting edge business owners keen to stay ahead of the curve, eLearning can be an effective way to upskill your staff and heighten company performance.

Running a business is expensive, and it can be tempting to cut training costs. This decision may provide short term financial alleviation, but could end up costing more in the long run: decreasing staff performance and retention, and risking lawsuits.

For example, a dismissed employee recently received a £29,000 payout following her dismissal being deemed unfair, including being singled out for wearing trainers. In this case there were a range of management issues and processes not handled correctly or fairly. It is a cost that could have been prevented through good quality management and HR training.

Traditional, in-person classroom training provides practical learning that prompts high engagement. However, for some this training can be difficult to implement as it requires a physical location, uninterrupted sessions and potential transport arrangements. Alternatively, eLearning is a modern solution for HR training that may be better suited to your business needs.

eLearning tends to be more accessible than physical training, both practically and financially. It can be completed at any time, from anywhere, by as many employees as necessary. eLearning also allows training to be staggered and paused as needed, allowing staff to complete it without disrupting their workload.

Quality HR training is crucial to any business, boosting retention rates with 94% of employees less likely to leave their jobs if training opportunities are provided. Research has also found that companies that provide comprehensive training are 24% more profitable.
INVOLVING YOUR STAFF IN YOUR BUSINESS GOALS
It may feel like a big step, but involving your staff in your business goals can be an effective way to elevate your business, providing a range of personal and business benefits.

We are not talking about giving them the keys to the kingdom. You can involve staff by encouraging suggestions, educating them to optimise their ideas and utilising organisation tools, such as surveys. These efforts will make staff feel their opinion is valued, boosting commitment, morale and long-term retention.

On a practical level, there are many perks to this. Your employees have a range of perspectives and a direct understanding of your company, meaning they may generate quality ideas for your business. Not only does this save you money on outsourcing for idea generation, it is also likely to increase their productivity by boosting their engagement.

Contact us to see how we can help you optimise your staff to reach your business goals.
WOULD YOUR STAFF REPORT MISCONDUCT?
Across UK businesses, a shocking one in three cases of staff misconduct go unreported. This is primarily caused by structural failures: from employees not knowing how to report incidents to concerns about not being taken seriously by management. Many employees also have privacy concerns – despite the anonymity of whistleblowing services – and worry that they may receive potential exposure to backlash.

It is crucial to the health of your business that your company adopts a culture where reporting misconduct is encouraged: increasing performance, morale and staff retention. To do this, you need clear reporting procedures that are accessible across your company – alongside assurances of confidentiality.

Encouraging an open culture of communication and speaking up will help to build employee trust. This is about walking the walk as well as talking the talk: take reports seriously, conduct thorough investigations and hold staff accountable for misconduct.

This is a sensitive topic that should be approached with care. Contact us to see how we can help you implement effective reporting procedures across your company.
RED WEATHER WARNING
Ears still hurting after that Storm Darragh phone alarm?

Across the past 20 years, the UK has faced a major storm roughly every four years. Not only are extreme weather conditions disruptive – impacting power and transport – they can also be dangerous. To counter adverse weather like this, it’s helpful to develop a thorough adverse weather policy to protect your employees and minimise disruptions for your business.

As an employer you have a duty of care and the obligations under The 1974 Health and Safety at Work Act are relevant here, and areas to consider include dangers associated with commuting as well as issues like heightened risk for pregnant or disabled employees.

These guidelines should cover attendance expectations (including alternatives such as remote working), procedures for weather deterioration, and steps for staff that can’t attend. Always communicate such policies clearly and make them accessible to staff at all levels of your business.
WILL YOU STILL NEED ME, WILL YOU STILL FEED ME, WHEN I AM SIXTY-FOUR?
Since the early noughties, the number of workers over the age of 65 has risen rapidly: with numbers doubling among women.
Older workers are a pool of talent you may have previously overlooked: offering increased knowledge, experience and life skills for your business. From recruitment processes (like where you advertise) to workplace practices, are you set up to benefit from the skills and experience of this older demographic?

Blind recruitment may be one way to overcome unconscious age bias. For older staff already on the books, consider incorporating mentorship schemes to help pass attitude and skills on to younger workers. Phased retirement options may provide the two-way flexibility necessary to retain them for longer than you might otherwise be able to.

December 2024 Newsletter

FESTIVE FLU - MANAGING FAKE SICKNESS OVER CHRISTMAS
With extra social engagements, competition for annual leave, massively heightened or reduced workloads and plenty of real sickness all in the mix, absence management over Christmas can be a real challenge for some employers.

What do you do if someone does not show up, claiming they are ill?

At the time, there may be little you can do other than accept it at face value and reorganise your remaining team to cover the shift or workload. It may involve some paid overtime, or time off in lieu (TOIL) – in the future when it is quieter. Frustratingly for some employers, it may mean a late night at work for you.

There are things that you can do beforehand, and after the fact, to manage this frustrating feature of Christmas.

Before anyone phones in sick, you can set expectations. Remind everyone of their obligations – a hangover is not an acceptable reason for sickness absence, and neither is being refused holiday time; if they are to be absent that they must personally phone you to explain what’s wrong each day, and that your process is to have a return to work interview when they come back. This kind of robust process will put off many from faking it.

Longer term, you may also lower the chances of being left in the lurch by fostering goodwill amongst your staff: making it a nice place to work, laying on a good Christmas party, being accommodating where possible to issues that arise for them.

But despite all of these actions, you may get an employee who tries it on. In these cases, don’t just assume. You really need some evidence. This may be uncovered during an assertive return to work interview in which they give themselves away (there is no “pleading the fifth” in UK HR process). Or you may obtain a photo from social media showing they were out partying.

Thinking longer term again, it shows the value of keeping good HR records on things like attendance. Because if you track absence and it shows a pattern of repeated sickness absence, say on 23rd December each year, this in itself may give you the data to act.

If you want to take action, your disciplinary policy will guide you in the steps to take. If you would like expert help, talk to us.
CHRISTMAS PARTY PANDEMONIUN
The work Christmas party is intended to be a positive event where you can show goodwill to your staff and everyone has fun. As long, that is, that you plan it correctly and follow the HR tips we share every year to set expectations and minimise the chance of trouble.

Of course, sometimes people don’t plan correctly, or certain employees “don’t get the memo”; and festive fun turns into a Christmas crisis. Here are three stories from the Internet to make you smile (or shudder).

TWO HUNDRED'S A COMPANY - THREE HUNDRED'S A CROWD
It is not uncommon for the company to pay the bill, but in this story staff had to pay their own party fee of £50, or £75 if they were bringing a partner.

You’d hope they were in for a good party, but when they arrived at the venue, they discovered that the hotel had double-booked the function room. With the hotel’s contingency plan being to cram 300 people into a room only designed for 200, throw out the pre-orders and serve unordered, undercooked food ad hoc, a chaotic time was had by all… as well as a touch of food poisoning.

Gallingly, the company got their deposit back but the staff received no such refund. And the employer booked the same venue next year after being offered a discounted rate!

IT MAKES HIM FEEL SICK
We always advise you encouraging your staff to exercise moderation when drinking at the Christmas party, but the same goes for you too.

One employer found himself promising a promotion and a new dress to a female employee after he vomited all over her at the Christmas party. Nothing about that follows HR good practice!

UNJUST DESSERTS!
As we’ve said, the employer will often fund the Christmas party as a thank you to staff, and this is especially the case when they have already implied that they will do so.

Imagine then, you’ve sat down for a three-course meal, you’re having a good time with colleagues and suddenly (conveniently), just as dessert is served, your boss and benefactor declares some private emergency and ups sticks. That was the fate at one Christmas party, leaving the employees to pay the tab.
IS SWEARING AT WORK ACCEPTABLE?
In November it was reported that a claimant WON at their employment tribunal after being dismissed for calling a colleague an effing m***.

If ever context is key, this is it. Just about everyone was at it (swearing), including managers. The judge noted that there was a toxic culture and it was lawless with no enforcement of expected workplace norms by leadership. So for one person to be singled out for disciplinary action was unfair.

The trial heard that swearing is more acceptable in the North. But whether that is true or not, maintaining a level of professionalism and creating a culture where swearing is not the norm will likely be best for most businesses.
COULD AN EMPLOYEE EXPERIENCE DOMESTIC ABUSE THIS CHRISTMAS?
Sadly, in some households, the change of routine at Christmas is a trigger for domestic violence – mainly but not exclusively directed towards women. More alcohol, being cooped up together, financial pressures are all considered factors.

As an employer concerned for the well-being of staff, you will want to be part of the solution; but it can be hard to know what, or how much, to do.

Unless they come directly to you, spotting signs and then broaching the subject is the start and it can be difficult in itself. Although witnessing harassing behaviour first hand is obvious, other signs may be more equivocal.

Physical signs like bruising and injury could have a range of causes of which domestic abuse is one, and they can be masked. Similarly, changes in behaviour, poor time-keeping, unreliability and a drop in performance are all signs something is amiss… Whether it is domestic violence or another reason, a gentle, private exploratory conversation may help you start to understand.

Give them space to speak further to you when it feels right for them. While if there is an immediate threat to their life you should call the police at once, in less urgent scenarios you may signpost third-party support like specialist charities, make adjustments to their work patterns and be a supportive figure. Be guided by them, and it is a highly sensitive subject so don’t forget to respect their confidentiality.
OFF GRID
As a general principle, it is not appropriate to contact employees whilst they are on holiday. Is this any different at Christmas when you may have more people away or just a lot going on?

The reason for holiday is to unwind, decompress, switch off completely from work. So even a quick phone call or email query will interrupt this, even if a staff member says it doesn’t. This will have consequences, ranging from not coming back to work rested or, more seriously, being a step towards burnout; to just becoming unsatisfied working for you, eventually leading to retention issues.

So seriously do some countries take this that they have legislated for it, with a right to switch off. Our new government is considering this here, too.

With all that context, Christmas is no different. If you anticipate a particular issue, you could agree a reasonable level of contact. If it is unanticipated you could, for now, just accept the consequences: a one off contact you consider essential to share some important information is unlikely to compromise an employee’s well-being.
TAKING SECRET SANTA TOO FAR
An opportunity for some gentle office fun and team bonding or the chance to settle scores and have a joke at someone’s expense?
Most of the time Secret Santa is the former, but it helps to set the ground rules carefully to avoid the potential for trouble. Even the boss can get it wrong: in one case a project manager employee did not see the funny side of being bought Project managing for dummies as her gift from the CEO.

Whoever’s organising should ensure that everyone is invited to join but that people can opt out. It is a good idea to set a modest budget, so people are not significantly put out financially, and remind the team that it is a work event, so work rules apply. If there is a problem, they should let you know as soon as possible.

November 2024 Newsletter

WHAT'S UP WITH USING WHATSAPP AT WORK?
WhatsApp is so popular and so convenient, that in many workplaces it has become a default channel for some communications. But hold on one minute! For all its convenience, it carries a fair amount of HR risk.

In fact, between 2019 and 2024, the number of tribunal cases in which WhatsApp messages were used as evidence rose from 150 to 427. So what are the risks?

You have got blurred lines between personal life and work life; an accepted degree of informality which can lead to inappropriateness; and a reduced or zero ability to monitor communications if they are on private accounts.

Consider reputational damage. The public inquiry into events surrounding Lucy Letby’s crimes is currently being reported on. Earlier this month, the enquiry heard evidence that a colleague had joked regarding sharing tips on getting away with murder in a WhatsApp conversation with Letby. This was a full year after concerns had first been raised about the danger she may have posed. It reflects badly on both individuals and the organisation.

Whether it is the perceived privacy, the informality or something else, left unchecked WhatsApp is a problem. Sexual harassment, especially now more stringent obligations have fallen upon employers (since October 2024), is another danger.

There is even an instance of someone winning a discrimination case for being excluded from a WhatsApp chat whilst on long-term sick leave.

Thankfully (because WhatsApp is useful for many businesses), you can take measures to protect yourself through the creation and sharing of policies, and potentially training.

Include acceptable WhatsApp usage in your social media policy, and if staff use their own devices, a bring-your-own-device policy can set expectations on these. Ensure these policies are shared with everyone at reasonable intervals, and log this and any training, too. This makes it easier for you, where any breaches occur, to instigate appropriate disciplinary procedures.

For any help with policy preparation or disciplinary support, please get in touch.
DO YOUR EMPLOYEES SUFFER FROM FINANCIAL STRESS? 
We all know that managing finances can be stressful, especially if you are a business owner. It may be surprising to learn, though, that as many as 36% of employees in the UK have recorded absence due to money worries, according to research by a financial well-being company.

That’s when other people’s concerns can start to cost you, so for everyone’s sake it is worth giving it some attention.

A different survey, this time from a mental health charity, calculated the overall cost to British employers to be £1,035 per employee, comprising £335 for absenteeism, £605 for presenteeism and £95 for staff turnover.

Of course, most SMEs cannot simply throw money at employees – we know how tight cash is for many British businesses, especially considering the planned hike to employer national insurance and national minimum wage increases.

By the time absences are registering, it is already costing you (and your employees through anguish). A sustainable approach is to facilitate coaching and education. Partnering with a charity is one idea, for example The Money Charity, who provide free resources; as well as paid for workshops and mentoring programmes.

Local independent financial adviser firms may offer lunch and learns too (with the prospect of gaining some new clients), or some kind of drop-in sessions if they are looking after your pension scheme, so there are options if you seek them out.

Another value option is to review your employee benefits package. There are always new options coming on to the market which can help. Including a benefit which provides high street store discounts, a health cash plan which contributes money towards medical treatments or death in service benefits can offer excellent value for everyone. If you are interested in a review, please just ask.
EMPLOYMENT RIGHTS BILLS - SPOTLIGHT ON UNFAIR DISMISSAL 
With the Employment Rights Bill set to have such a dramatic impact on managing workforces, we will spend the next few months shining a spotlight on individual aspects of it.

Thankfully for SMEs, many of the changes will not come in until at least Autumn of 2026. Nevertheless, it is important to understand the changes and what action you need to take now, so that you are not playing catch-up later on.

So first of all, we have significant changes to unfair dismissal law. Currently, employees do not enjoy any protection from unfair dismissal until two years of continuous service has passed. There is an exception to this for any claim related to statutory rights and discrimination under the Equality Act 2010.

The intention is, when the new law is implemented, that unfair dismissal will become a day one right. This means it will carry more risk to dismiss new hires who turn out not to be a good fit for the business. There will be a consultation on the length of a statutory probationary period which may provide some mitigation for employers, but it is a good idea to have well documented probationary reviews in place.

For you, it may mean amending the length of your probation period (when this becomes clear), and we’d advise reviewing your hiring processes to ensure they provide you with fit-for-purpose employees as best as can be ascertained.
MANAGING SIDE HUSTLES
What are your thoughts on side hustles – those extra income streams that some employees may have outside of work?

On the plus side, they may make a big difference to any hard-pressed staff struggling to make ends meet on their remuneration from you; and/or be a boost to mental health by easing financial stress (see financial stress article above) or being a creative outlet.

However, there is plenty of potential downside, too: from leading to burnout through extra hours worked, to the risk of reputational damage due to the nature of the side hustle (a Hollyoaks actress left the show last year after opening an OnlyFans account). Other risks include a potential drop in productivity or even competition issues if the employee is offering the same service they perform for you on the side.

In one eye-catching recent constructive dismissal case, a police body was ordered to pay a former sergeant £1.1 million in compensation after they ordered her to cease a side hustle she was operating whilst on sick leave.

Her side business was providing decorated party tents for events, and she had been advised to take up creative hobbies by occupational health as a counter-balance to her intense role in the police dealing with child sexual exploitation and drug exploitation. Initially permitted by her employers to do this, she was ordered to cease the activities while on a period of long-term sick leave.

It was a complicated case, but shows the fine line that you may need to walk if you have an employee with a side hustle. A good place for any business to start is to make it clear what is and isn’t acceptable within your terms and conditions of employment. We can help you think through the issues for your business and come up with suitable wording if you want a review, or don’t have a policy in place.
AN INSPECTOR CALLS
As frustrating as it may be to have members of your team off on long-term sickness absences, there are right and wrong ways to deal with it. The distinction may not always be obvious and that is something we help our clients with, reaching pragmatic decisions in the business’s best interest.

Many, though, will agree that a step too far (except maybe in some extreme cases), is to start paying surprise home inspections to those who are unwell, checking up on their fitness to work. According to the news, in Germany, Tesla is currently embroiled in a row with unions for doing just this.

Any business will want to bring a level of robustness to absence management, but unless for good reason, such inspections smack of a breakdown of trust between employee and employer. The reports on the story suggest that Tesla has key statistics to show that some of their absence isn’t genuine, whilst they are accused of poor general working conditions, overly long working hours and insufficient health and safety measures.

If you are suffering from significant long-term sickness absence in your business, by which we mean anyone away for four weeks or more, getting medical advice as to how to get the employee back to work is essential. Get in touch for help if you need it.
DEALING WITH WORKPLACE "ICKS"
What’s worse: microwaving a fish lunch in the office kitchen or gossiping about colleagues? It’s probably down to personal choice; although while there is no “law” against microwaving aquatic lunches (there should be), a colleague could easily breach a disciplinary policy with malicious or persistent gossip.

Other common “icks” include taking smoking or vaping breaks (and bringing the odours back in), leaving expired food in the fridge and bringing a stinking cold into the office. Generally, many of these kinds of behaviours can be avoided by instilling a good culture within your business. But it is essential to have this backed up with written policies which everyone is familiar with.

October 2024 Newsletter

HAVE YOU UPDATED YOUR TIPS POLICY?

In one of the pieces of proposed employment law which was carried over from the previous parliament, rules on how tips must be distributed have become more stringent.

The Employment (Allocation of Tips) Act 2023 is now in force, with an accompanying code of practice. If relevant, have you updated your policy and started following the code correctly? Here are the main points.

- All tips received by you as employer must now be distributed amongst workers with no deductions made. There is an emphasis in the legislation on fairness and transparency when you are in control of tip allocation. The code includes that you should consult with workers when arriving at your decision.
- Not all employees have to receive the same proportion of the tips, but you do have to have a clear and objective set of factors to decide how they are allocated. As you would expect, unlawful discrimination must be avoided.

Other points to adhere to include regularly reviewing your allocation of tips, particularly in line with staff turnover, having a written and accessible tipping policy, and keeping a record of how all qualifying tips are allocated for three years. Employees have rights to view these records.

So what happens if you don’t comply? Well, these new tipping laws are enforceable at an employment tribunal, but before that you would seek to resolve them via internal processes and Acas. If a dispute goes to tribunal and is found in the employee’s favour, the court can name and shame you, as well as order back pay of tips and compensation which applies not only to the complainant but other affected workers who did not complain.

A few final points. The code is detailed but not exhaustive and does expect fairness and transparency to be an overarching principle. Not all tips are included in its scope, particularly cash tips paid directly to workers where no direct control is exerted by you. Non-monetary tips can fall within the scope if you exert control over them – the example of a casino chip being given as a tip is cited.

We can help you get your business compliant with this new legislation or advise on any related disputes. So if you need help, please get in touch.
WHAT'S INCLUDED IN THE EMPLOYMENT RIGHTS CHANGES?
As you may have seen in the news, we now have a clearer view of which employment rights changes promised by Labour are going ahead.

Postponed but not cancelled are the consolidation of employment status, the “right to switch off” and reviews of the parental and carer’s leave systems. Everything else we expected is proceeding, albeit with consultation periods and a passage through parliament that will last until at least Autumn 2026. Even so, it is important to start planning and budgeting for the following changes now:
- Protection for employers from unfair dismissal claims in the first two years will be removed. The government is consulting on a more limited nine-month probationary period instead but with processes to be followed.
- Workers on zero-hour contracts will be entitled to additional rights including guaranteed hours (if they want to accept them) after a qualifying reference period which is expected to be 12 weeks.
- Flexible working will become the default for all workers. However, the detail we have on this does sound more like a terminology change rather than a practical one. Just as is already the case, you will still have several reasons to reject flexible working for any given role but your refusal must be in writing and be “reasonable” .
- You will have to pay statutory sick pay from day one of an illness, and this is not reclaimable. Moreover, the lower earnings limit of £123 per week to qualify is being removed.
- Parental leave and bereavement leave will become a day one right. Bereavement leave will be extended to cover all workers for all dependants. Currently, it is only for parents.
- Trade union laws will be softened to give trade unions more powers.
- The current collection of enforcement bodies will be amalgamated into one Fair Work Agency.
- The remit of the Low Pay Commission will be expanded to include consideration of the cost of living, and minimum wage age bands will be scrapped.

Naturally, we will keep you posted as the bill progresses through parliament.
THE UK'S WORK/LIFE IMBALANCE!
According to an international study, the UK scores pretty poorly for work/life balance. Riding high are Spain and France with ratings of 57.92 and 54.89 respectively (Kazakhstan is in third place). The UK languishes in 34th place out of 40 with a rating, coincidently, of 34. India, USA, China, Mexico, Switzerland and Canada were the countries with lower ratings.

Many of the factors are legislative, relating to things like bank holidays and statutory maternity/paternity pay and the like; or economic, such as the cost of living.

Work/life balance is important, not just for your own and your employees’ mental and physical health and relationships, but also for productivity for your business. While you want people working hard for you, overdoing it consistently will result in errors, workplace cultural issues, retention, potential absenteeism due to stress and even burnout. These all become business problems eventually.

While you cannot influence macro factors like the cost of living which would have a material impact on the UK’s ranking, you can control your own employees’ work/life balance positively. In fact, all things being equal, addressing this will give you a strong competitive advantage in the recruitment market.
MANAGING A MULTI-GENERATIONAL WORKFORCE
A recent report found that Gen Z (18-24) is the hardest to manage due to their attitudes towards authority, levels of professionalism and emotional intelligence. Their adaptability and creativity was praised in the survey, though.

Workers of any generation can pose problems. Different attitudes, different priorities, different skillsets… it can be a challenge for busy SME employers like you. But get it right and you can unlock valuable benefits.

The starting point should always be not to make age-based assumptions. These may not be helpful anyway, but especially as age is a protected characteristic under equality law. As an extension to this, make sure your team are respectful of each other – avoiding inside jokes and banter which may be hurtful, and being inclusive.

With this foundation in place, think how workers of different generations can complement each other. It will vary from person to person (no assumptions, remember), but there will be opportunities for skills to be shared, mentoring and collaboration. Whether it is digital capability or softer skills like resilience and communication, your business is sure to be stronger for it.
I'LL BE WATCHING YOU........
Like any business owner, you want to get good productivity from your employees. Since the pandemic, one challenge to this for many companies has been working from home. What do you lose in terms of business culture? How do you know they are putting in a full shift? How is experience passed down?

Professional services giant PwC is cracking down. Reports say that from 1st January they will monitor staff working locations, requiring them to be in the office or with clients at least three days a week (an increase of 50% from the current two days). It is understood this will be reported back to each employee alongside their chargeable hours.

It is right that business owners should defend productivity, and the key points are to be proportionate and transparent. Let staff know what you do and include it in employment contracts and company handbook. This will all help maintain mutual trust between you and your team.
HEALTH INSURANCE WITH A DIFFERENCE
Want to jump on the latest trend in employee benefits from the US? Then why not add pet insurance to your package? Purrfect for employees with cats, “fetch”ing for those with dogs, gold dust for workers with goldfish (no, too far!) it could be a novel way to stand out.

We are a nation of animal lovers and 57% of households own a pet; but they do not come cheap, even when they are fit and healthy. So having a pet insurance option available for when they are poorly could be a highly valued and canny way to show your team you care.

September 2024 Newsletter

GOING FURTHER WITH YOUR PENSION RESPONSIBILITIES
For years, auto-enrolment has ensured SME employers provide a pension scheme for almost all staff. It was introduced to drive up retirement saving rates, and it is working. It is thought 90% of workers have a pension today, compared to between 30-40% in 2012, when its roll-out began.

Given that it’s compulsory, and enforced with penalties including fines and prosecution, you are probably already complying with auto-enrolment as a minimum, and some employers will be going further.

But once you have the scheme set up, the employees registered and the contributions going in, is there anything else you could be doing?

There’s a huge financial literacy gap in our country. Nothing to speak of is currently taught in schools; and in a vicious cycle, many parents are not equipped to teach their children either. It is NOT something that you MUST do as an employer, but with this gap needing to be filled for the good of everyone, you may just find it brings some benefits to your workplace, such as:
- Less stress amongst staff (financial worry is a leading contributor)
- Better appreciation of the pension contributions you make
- A more mature outlook
- More ambition fuelled by a desire to create personal wealth

A report from one retirement provider last year found that 58% of adults had a low confidence in their knowledge of pensions, and about two-thirds said they knew little or nothing about workplace pensions. But, in a testament to the impact of auto-enrolment, almost four in every five employees said they were used to regularly saving into a workplace pension.

It also found that older, wealthier, males were demographically the most likely to say they knew about pensions.

So, what could you do as an employer? Some business owners may have the knowledge and relationship with their team to softly impart knowledge and answer questions. But in many cases it may be best left to professionals.

The good news is that many pension advisers will be happy to drop in and give talks, workshops or one-to-one advice as part of their service if they have set up or administered your auto-enrolment pension.

They can explain why it is important to start early (compound interest), the tax benefits and the investment styles. You could pitch them as lunch and learns to your staff so they don’t eat into the day if needs be, or have annual reviews.

Why not talk is, or if you would like a review of your auto-enrolment plan to check it is working best for you, get in touch.
DO YOUR EMPLOYEES HAVE TIME TO "SLOW THINK"?
Being seen as decisive is generally regarded as a virtue in business. This often takes the form of making a quick decision, perhaps under pressure.

However, in a highly regarded study, one which won a Nobel Prize, the difference between fast thinking and slow thinking was explored.

Fast thinking is important, sometimes necessary and it could be a life-saver. However, it is characterised by an automatic response based on past experience of what has worked. This means it can be prone to bias, lack creativity and neglect novel approaches. It can also contribute to individual burn-out.

Slow thinking, by contrast, allows more evaluation. It permits the thinker to explore beyond the boundaries of their experience. By drawing on a full range of knowledge, better decisions may be made, more innovation can take place and there is less room for bias.

The problem with slow thinking, though, is that it takes time. Real quality time. The workplace has long championed people being busy, and seen to be busy – in meetings, sending emails, writing. This need to be busy kills the opportunity for slow thinking.

Why not mull over how you could introduce more time for slow thinking in your business? Schedule time for walks in which you and staff members can clear your heads. Identify when big decisions will need to be made well in advance, so that proper consideration can be given. Get rid of the expectation that people always need to be doing “something”.

This definitely needs to come from the top. So if it appeals, lead by example and see what difference it makes.
IT IS EVER OKAY TO SHOUT IN THE WORKPLACE?
A survey of about 1,000 UK employees exploring workplace bullying found that 57% believed shouting in the workplace was not bullying. While a majority, it still leaves a lot of people feeling that it is. It’s fair to say that it splits the room.

To a degree, whether or not it is okay probably comes down to the culture of individual workplaces. But even then, any given employee may take being shouted at badly – sparking confrontation, getting upset and going absent, or perhaps just quitting. Any of these scenarios will keep your HR busy at the very least, and possibly disrupt operations too.

Understanding your individual employees and tailoring your approach to get the best out of them is a form of good personnel management, some may respond to a shout, others to a hug (although that could cause its own problems!). If you would like to change your approach or upskill a new manager, ask us about our  management training workshops.
HOW TO PREPARE FOR THE UPCOMING EMPLOYMENT RIGHTS ACT
Heavily signposted before the election and initiated almost immediately via the King’s Speech, it is time to get ready for the impact of the Employment Rights Act once it passes through parliament.

We know what the expected changes are, the list is long. They include: a ban on some zero-hour contracts; the strengthening of statutory sick pay; dismissal protections; extra enforcement; additional day one rights; more flexible working facilitation; trade union enhancements and a move to a “genuine” living wage.

It is important now to get familiar with it all before it becomes law so that you are not caught out. Our expert advisers are here to help if you want to talk things through.
TINDER LEAVE!
We are strong advocates of a well-designed employee benefits package. There are so many options to choose from and they can prove a highly cost-effective remuneration solution when considered against salary alone; as well as attracting, motivating and retaining staff, and boosting well-being.

One company in Asia has really pushed the envelop though, introducing “Tinder leave”. This features a sponsored subscription to Tinder, plus a day’s paid leave per year to go on a date (or do something else fun)!

Could this be the missing link in your employee benefits package? We think probably not! But we can review your employee benefits and check you are meeting your objectives and getting value for money. If you want to find out more, just ask.
IS AN ANTI "ANTI-DEPRESSANTS" POLICY LEGAL?
A woman in Scotland lost her dream job before she had even started it, when Police Scotland withdrew their job offer after finding out she was taking anti-depressants.

She had breezed through other selection criteria, being described as impressive. But deep into the recruitment, after being made a provisional offer, the process was ended as she fell foul of a policy stating she must be clear of such medication for two years. Health checks can only be done after a job offer is made, except in very limited circumstances.

On a personal level it is a sad tale, but the decision will now be tested in court. Equality law is applicable from before employment commences to protect those applying for jobs.

August 2024 Newsletter

SCHOOL / WORKPLACE BULLYING
Bullying is never acceptable, and while for many it is something they just saw or experienced at school, for others it is something they have to suffer at work. In fact, according to a survey by the Workplace Bullying Institute, as many as 30% have experienced bullying in the workplace.

The impact can be devastating for the victim and your wider business. At a personal level, employees may develop anxiety, sleep or eating disorders and other health problems. This could lead to absence or them just leaving.

Left unchecked, bullying can create a toxic culture involving cliques, absenteeism and increasingly unprofessional behaviour leading to drops in productivity. You may even develop a bad reputation in the recruitment market, making it hard for you to fill roles in the future. It is something you or your managers need to address, and fast.

The first job is spotting it, that is if the victim is not confident enough to raise the issue themselves. Workplace bullying can involve a wide range of behaviours that go far beyond the old stereotypes. From the very obvious berating or belittling someone in front of colleagues, to more insidious spreading rumours or gaslighting, and everything in between.

To give a more general definition it could be described as persistent unwanted behaviour directed towards one or more people, including verbal, physical, emotional and psychological actions.

Every employer should already have a bullying and harassment policy and a discipline and grievance policy (if you haven’t, talk to us). These will give you a framework to respond, including investigation and, if necessary, a disciplinary hearing and its outcomes. If it is possible, it is often worth trying to resolve informally first, setting boundaries, explaining that the next step will be the discipline and grievance procedure.

This is more likely if you spot it early and are nipping it in the bud, but sometimes it will be too serious for this and you will have to proceed with the formal route.

Even before any bullying occurs, there are things you can do to be proactive. If you have not done so already, why not attend a workshop on managing conflict?  Spending time developing a positive workplace culture is a great defence against bullying too: encouraging teamwork and collaboration, and having support mechanisms in place.
SEE THEM IN COURT
“It could be you”… or them. Much like the National Lottery there is a random process performed to select jurors. And if a name is drawn out of the hat, that person has to perform their civic duty and attend court as juror.

Thankfully, on average, this is only for ten days. But it could be shorter, or much, much longer.

The longest trial in British history was for fraud and lasted nearly two years. Some of the jurors needed counselling afterwards!

As an employer your options are limited if a staff member is selected. If there is a really compelling reason, you may be able to defer it within a 12-month period (through an application made by your employee); but in most cases you will just have to accept the disruption and let them go.

You can either pay them as normal, or help them claim a loss of earnings allowance (between £32 to £64 per day). Many employers do the latter and then top it up to their normal wage. Keep in mind, too, that they are protected from redundancy for jury-service-related reasons.

If your employee works a nine to five they must be given the time off while they are on Jury service; and even if they work night shifts they should not be made to work before a day in court. For an SME, jury service can be a disruptive time with uncertainty over its full impact on the business. If you have any questions about managing jury service properly, please do not hesitate to get in touch.
KEEPING IN TOUCH WITH SICK EMPLOYEES
Earlier this year, an employer was found guilty of harassment at a tribunal for sending a sick employee a birthday card. On the face of it that may sound shocking; but there was a complex background, involving a wide-ranging grievance, serious illness, specific requests not to be contacted and to be removed from a birthday card list. The birthday card was one of 11 instances of contact in just three weeks.

There is no law stating you cannot contact employees on sick leave, and sometimes there will be a common-sense reason to do so, or it may be welcomed. However, treat each case on its own merits and in instances of longer sickness absences, setting some parameters is advised. If you agree how often contact should be made, in what form (e.g. telephone, email, face-to-face etc.) and with whom, you should be well on the path to retaining a positive working relationship.
YOU'RE HAVING A LAUGH
Most employers, we are sure, would like to foster a happy workplace; one where all the work gets done but people have a good time along the way. Well, in one region of Japan it has just been made the law!

A regional government has passed a law ordering everyone to laugh at least once a day and for employers to create workplaces filled with laughter.
We’re not joking! It is inspired by university research over there which has found that people who laugh regularly are less likely to suffer heart disease.

This is not on the horizon here, but how can you strike the right balance so that you benefit from a happy workplace? There are so many ways to do this, and many are relatively simple: from taking the time to show gratitude to sharing a common vision for your company that staff can align with. Going a bit further you could introduce team-building activities and social events, and develop a sense of purpose amongst your team, perhaps tied in with corporate social responsibility.

If there is not enough laughter in your workplace, why not give us a call and we can help you come up with a tailored plan?
INTERVIEW QUESTIONS - WHAT NOT TO ASK
If job interviews are traditionally seen as a nerve-wracking experience for candidates, they are not always a walk in the park for employers either. Not only do you have to take time out of your day for the interview itself, but careful planning is required to find the right candidate, and ensure you don’t slip up yourself.

You could inadvertently paint your company in a bad light, put a good candidate off by being late or not able to answer a question, or worse say something which breeches equality law. One such case was reported recently when a job offer was withdrawn after the question “How old are your children?” was asked during interview. It led to a sizeable claim being made and won in a tribunal. Many people don’t realise that equality law applies from the moment a job advert is placed.

If you are new to recruiting or would just like a professional review of your process and interview questions, we can help. 
SIX DAY WORKING WEEK
Not a fan of the concept of a four-day working week? How about going Greek? Their government has just introduced a six-day working week.

With a declining population and low economic growth (hangovers from the 2008 financial crisis), the Prime Minister wants to kickstart the economy, but the drive has not been well-received by workers.

Ironically, it is argued it will benefit them, ensuring they get remunerated for work they were already doing as unpaid overtime. They get to choose an additional two-hours a day or work an extra eight-hour day – with a 40% wage uplift. With four-day weeks being trialled elsewhere, it will be interesting to see which approach leads to greater productivity.

July 2024 Newsletter

NAVIGATING THE SCHOOL HOLIDAYS
The school holidays: a six week break for children; but six weeks of added stress to many working parents! And what about employers? Business must go on!

Navigating the school summer holidays will generally call for a bit of pragmatism all round.

Annual leave should address some of this period. In most cases, due to strict school rules, families are limited to going on holiday when school is shut down, so many may seek to take one or two weeks’ leave for some time away from home anyway.

Such holidays will normally be planned well in advance, and whether your holiday request policy is first come, first served or something else, make sure everyone is well acquainted with the rules so that no one is left disappointed.

Working from home should not be considered as an opportunity to childmind, so be wary of this – when they are on the clock for you, work should be their sole occupation. However, agreeing to some flexible working arrangements may be a way forward for some. This could be adjusted hours to dovetail with a partner’s working pattern, or to tie in with dropping kids off at a childcare provider for instance. Temporarily shortened weeks may be an option, too.

You and your employees can keep emergency dependants leave in mind, which cannot be used in a pre-planned fashion, but if there is something that comes up at short notice – a reasonable amount of time to deal with such a situation must be granted. Unpaid carer’s leave and unpaid parental leave may also be options and should be planned in advance.

When accommodating the needs of the parents, don’t forget to balance the needs of your business. Think how workflows can be adjusted prior to the school holidays to ensure everything goes smoothly. Can certain projects be postponed over the summer? Could you draft in reinforcements, such as someone who has recently retired but who would appreciate some temporary work and is up to speed, or running a summer internship scheme for example?

Whatever the approach, make sure you work closely with your affected staff – offer insufficient support and you may lose productivity due to them worrying about their children or financial concerns, be over-accommodating and it may be you who is stressed out because your business cannot function sufficiently. If you need help finding a solution, please get in touch.
IS YOUR WORKING FROM HOME POLICY UP TO SCRATCH?
A US bank has fired more than 12 employees for simulating work by deploying a mouse mover – a gadget that makes it appear someone is active at a computer when in fact they are absent and doing something else.

The whole episode suggests a breakdown in trust where the employer feels the need to perform surveillance on their team whilst staff feel it is okay to act with such deception.

Working from home, whilst a necessity for many businesses during the pandemic, has persisted ever since. It has offered a welcome flexibility for some businesses and workers, whilst presenting serious productivity and cultural issues for many organisations, too.

We advise that you should only permit working from home if it works for your business. If you do offer it, you should do so fairly (although if some roles lend themselves to it and others don’t, then there is no escaping that reality). It should definitely be underpinned by a robust working from home policy, which sets out expectations and consequences where the practice is abused. Talk to us if you need a review.
HIRING EX-CONS
Good for them. Good for society. Good for you?

Earlier in the year, the Ministry of Justice promoted a campaign encouraging companies to hire ex-offenders. Professional services giant KPMG is on board and extolling its virtues. In a surprise appointment, the new Labour government has installed James Timpson as prisons minister. As boss of the Timpson Group he has a reputation for hiring ex-prisoners and has said publicly that only a third of people in prison should be there.

While, in many cases, a criminal record will legitimately be a red flag during the recruitment process; the opportunity for redemption is one of the principles of our society. It is rare that we lock people up and throw away the key.

An associated survey of 5,000 people found 59% of respondents felt companies who hired ex-offenders were making a positive contribution to society. This is no surprise when seen in the context that re-offending costs the UK economy £18 billion per year, and that full-time employment significantly reduces the re-offending rate. If you are worried about the effect that it would have on your workforce, 79% of respondents said they would be comfortable working alongside someone recently released from prison.

Of course, the nature of the crime, and sometimes the industry you work in will have a bearing on your decision making. As is normal in any hiring process, vigorous vetting is essential to ensure you are getting the best person for the job. It might not work out, but that could happen with any hire. In a jobs market where it has proven hard to fill vacancies in recent years, this could be an interesting way to broaden your talent pool.

If you’d like professional advice on the pros and cons for your business, talk to us.
MANAGING OFFICE RELATIONSHIPS
The former CEO of BP is the latest in a long line of senior executives at large corporates dismissed for inappropriate office relationships – it was reported he missed out on £32 million of remuneration having been found to have misled the board.

Office relationships are fraught with difficulty for employers. Most serious is when one party feels coerced by another, with the widespread damage this can cause and the potential for an expensive employment tribunal. But other serious problems include conflicts of interest, crossing boundaries between work and private life, loss of productivity and a toxic culture developing.

The paradox is that, even in an age of dating apps, many people meet a future spouse in the workplace – a recent Forbes Advisor survey found that 43% of respondents had married someone they met at work. Indeed, a committed worker may not have much other opportunity to find love. Banning office romances outright is often perceived as too blunt a response: nature finds a way.

But that does not stop you from having a policy which can help manage office relationships. Key things to address are when relationships should be disclosed, retaining professionalism, and banning relationships where there is an imbalance of power or conflict of interest.
LIFELONG LEARNING
A recent survey found that less than half of over 55s had received any management or leadership training workplace training in their current role, comparing unfavourably to the 23-38 age bracket, where two-thirds had done so.

More than 30% of the UK workforce is over 50, representing a huge resource for employers. Are you ensuring you get the most out of these experienced workers? With new technologies transforming the world of work, it is important that you keep good staff competent with the latest technologies such as AI, to aid retention and productivity.

If you would like to offer more training, there is a range of accessible, professional and cost-effective courses to upskill any employee, chat to us about finding out what would be good for your business.
COSTLY CLICHES
An employment tribunal recently fired a warning shot over the use of clichéd language relating to protected 

characteristics. The specific claim, which wasn’t upheld as there was no evidence to support it, related to the use of the phrase “back in your day” spoken by a younger worker to a much older colleague.

The judge said this could have amounted to unwanted conduct describing it as a “barbed and unwelcome” term. There are nine protected characteristics under The Equality Act, and while comments about sex or race may stand out more as inappropriate, be careful that your workplace culture does not leave space for such language relating to other characteristics which are protected.

June 2024 Newsletter

WHAT WILL HAPPEN TO EMPLOYMENT LAW CHANGES ALREADY IN PROGRESS
As you’ll know, years into a Conservative government, there was a steady stream of employment legislation that has come to pass, or was in progress – from new right to work rules to shared parental leave.
For any legislation that was not over the line when the election was called on 22nd May, the future is uncertain; although there is more chance for some new laws than others.

What is the wash up? The wash up is a term for any active business that the government and other parties agree to prioritise before parliament shuts down for the election process. It doesn’t guarantee that the legislation will proceed, but it gives it a better chance and shows a broad political consensus.

Included in the wash up were:
The Employment (Allocation of Tips) Act 2023 – subject to a code of practice being approved this should still come into force on 1 October 2024.

The Paternity Leave (Bereavement) Act – which is expected to allow fathers of newborns whose partner dies enhanced paternity leave rights. The detail, including a start date is unknown.

The Statutory Code on Fire and Rehire – This code was written to provide pragmatic guidance on avoiding conflict relating to fire and rehire, or managing and resolving it if avoidance was not possible.

Non-disclosure agreements – These may be banned where the disclosure is related to criminal activity. It is a provision within the Prisoners and Victims Bill.

There were several other employment law related changes which were being worked on but did not make the wash up. This makes their future much less certain – at the mercy of the new government and their priorities.

These concerned neonatal leave and pay; the right to request a more predictable working pattern; limits on the length of post-termination restrictions (i.e. non-compete clauses); and changes to TUPE and European Works Councils.

You may presume that should the Conservatives pull off a shock victory, more of this will go back on to the agenda; whilst if Labour win, they will prioritise their own manifesto content. If you would like help planning for the uncertainty, please ask us.
WHAT WOULD NATIONAL SERVICE MEAN IN REALITY?
It was the kind of policy which makes you sit up and take notice – the reintroduction of national service for 18-year-olds.

Compulsory military training and duties are adopted in dozens of countries around the world, and indeed were in Britain too, in the early years of the Cold War. But it is a bit of a culture shock to us in the 2020s. Of course, should the Conservatives lose, it is likely it will never come to pass; but what could it look like?

There is very little detail other than there would be two streams: a year’s solid military service or a weekend a month for 12 months of community service. So at this stage, the best thing to go on may be the model for the Army Reserves.

For the military service, this could see employees take unpaid time off (for which they are paid by the Army), and have the right to return to their job on the same terms and conditions when mobilisation is finished. If their role no longer exists, a reasonable alternative role should be offered. Furthermore, their employment may be protected for a period of time after their return. Fines or compensation awards may be charged to employers should they not comply.
As the starting point is 18 when they would be called upon, some (or many) may not have a job anyway, which would make it a moot point for employers. But if an employee was seconded away from you and it follows the reservists’ model, you may be compensated by the State for a range of costs you incur. If there is a severe impact on your business, you may even be able to apply for a delay or cancellation.

It’s all hypothetical, but perhaps that paints a picture.
PROPOSED TRADE UNION LAWS - HOW COULD THEY AFFECT YOUR BUSINESS?
A theme of Conservative employment legislation over the past ten years or so has been degrading the power of the trade unions. Labour promises this will be reversed and some – if they get into power.

Areas that Labour will look at include repealing the Trade Union Act 2016 and the restrictions on industrial action it prescribed; making the process of trade union recognition more simple; introducing sectoral collective bargaining; and creating new rights and procedures for trade unions to conduct their operations.

It sounds wide-ranging and it is. Directly, it could expose you to dealing with trade unions on matters such as pay and your disciplinary process where you have not had this exposure before. Depending on the size and nature of your business it could also impose on you in terms of access that trade unions have and time your employees spend on union activity.

Indirectly, your business could be disrupted by more general strike action: staff struggling to get into work on time because of transportation strikes, more sickness absence because of NHS strikes, and so on.

With all that said though, trade union membership has been on the decline for decades with less than a quarter of the workforce a member of a union. Time will tell if such a shot in the arm for the unions would change this.
THE DIFFERENCE BETWEEN WORKERS AND EMPLOYEES
To simplify matters for SMEs and workers alike, we have long campaigned for the abolition of the “worker” status – we even went to Westminster to lobby.

Now Labour has said they will do just that if they come to power. Why is it important?

There are currently three working statuses (although confusingly only two are recognised in tax law – employed and self-employed). In employment law, the third status is “worker” status.

A worker is like an employee-lite. They enjoy some but not all of the rights of employees, so technically there may be a cost benefit to a company of hiring workers. But it is not always fair on the worker and we think the confusion it causes cancels out the benefits. We have seen high-profile case law brought about by Uber drivers and others with worker status who have successfully argued for more rights.

Currently, there are three key tests to be considered an employee and all must be satisfied: delivering a personal service – they must do the work themselves, not be able to sub it out; there must be mutuality of obligation – the employer must give work and the employee cannot turn it down; the employer must exercise a strong degree of control over how the work is carried out.

If someone satisfies some but not all of the tests, they would normally be a worker. If they satisfy none, they would normally be self-employed. A single employee status (alongside genuinely self-employed) will make the employee status significantly smoother, aligned with tax law, and give everyone understanding of the employment rights they have.
WHAT SHOULD YOUR BUSINESS BE DOING NOW?
Nothing is set in stone yet, but there are prudent steps you might take to position yourself for change. Acting in certain areas now may help you get ahead of the game.

With Labour’s promises of giving workers more day one rights, such as protection from unfair dismissal and an extended time period for employees to bring tribunal claims, you should consider bringing forward any decisions regarding staff changes – particularly if they affect staff members with less than two years’ service. Doing this now while it is still permitted could save you a lot of grief down the line.

Think also about company reorganisations, management training and the kind of contracts you will bring new recruits in on; given Labour’s views on zero-hour contracts and worker status, and the greater influence that trade unions may have in the future.

Always consult with our HR consultant like us before making any big decisions though, to ensure you do it right by the current rules.
100 DAYS, LONGER OR NEVER.......
Before the election it is all eyes on the polls and manifestos. After the election it is time to see if the victorious party can stay true to the promises made.

Labour tells us of a whirlwind of employment law changes starting within the first 100 days of government. History forewarns, though, that for one reason or another, government’s often find it difficult to enact all their promises.

From a hung parliament where political compromise must be made to a jarring reality shock when a party gets a proper look at the books, there are many reasons that manifesto promises don’t come to pass.

Sometimes it is a matter of time. Theresa May only had two and a half years to get busy; David Cameron, in 2015, one year; Liz Truss, well… 49 days. Even after winning a sizeable majority in 2019 Boris Johnson’s plans were derailed by the pandemic months later.

You need to plan, but keep this in mind.

May 2024 Newsletter

AI IN JOB APPLICATIONS
It is a huge fear for SME owners and managers that they invest lots of time and money into the recruitment process, only to find out down the line that they have made a bad hire.

While this has long been a danger, the rise of AI since 2023 has brought a whole new level of complexity; with candidate use of AI in CVs, covering letters and other parts of the application process. One candidate even got busted for using AI live in a video interview to help them answer the questions!

For employers, the big problem with the use of AI by candidates is that it may misrepresent their skillset. It leads you to think they will be perfect when, in fact, there were stronger candidates available.

Looking at the flipside, AI will undoubtedly empower some excellent candidates who would have missed out through poor written communication – a win for you and them. Used well and honestly, AI can showcase the creativity and problem-solving abilities of candidates.

With its pros and cons, the AI genie is out of the bottle, but that does not mean you can’t be savvy in your recruitment.

At the extreme you could decide to ban or limit the use of AI in applications (this is still only as effective as your enforcement though) – some of the largest professional services firms have done this.

An alternative is to build in some stages to your recruitment where it is hard for AI to have an impact – a face to face interview, well designed questions which require unique answers which AI cannot really help with…

You can also learn to spot the signs of AI use: convoluted sentences; odd, overly descriptive word phrases; and striking similarities in content between different candidates
QUIT TOK
Just when you thought social media couldn’t possibly give employers any more headaches, we have a new phenomenon for you: QuitTok.

This is when a disgruntled employee covertly films a disciplinary meeting or performance review conducted by video call and posts it online. Hoping to cause as much reputational damage as possible, some have hit the mark and gone viral.

As well as the direct reputational damage, these acts can cause other problems like a breach of confidentiality, and the sapping of morale. So, how can you lower the chances of this happening to you?

If it is possible to hold such meetings in person, rather than on Zoom, this is a good first step. With you and ideally an HR representative present, it would take some skill (and gumption) to covertly film. If you have no choice but to hold a meeting virtually, you can ask them not to record it which may be sufficient deterrent for some, but is unlikely to put off a determined trouble maker.

Your policies play an important role too. If you have not got a social media policy in this day and age, you should get one. Among other things, ensure it states that employees must not share business information on social media, including internal discussions and business meetings. Reinforce this in your disciplinary and grievance policy by explicitly stating that posting a recording of a meeting on social media would be classified as gross misconduct.

Staff training may help. Data protection training for all staff will assist employees in understanding confidentiality and the reasons behind it. This may encourage them to stop and think in some instances. And for managers, training on handling difficult conversations and conflict will help them stay in control and show appropriate empathy, diminishing the impact of a recording.

One final point. While it may be hurtful and damaging for such a video to be posted; getting in a mindset where you regard this as a possibility may help you conduct difficult meetings with a greater degree of professionalism and compassion. Some managers who have featured in these exposure posts have actually been praised for the way they have conducted themselves, backfiring on the intentions of the poster.
CLEANLINESS IS NEXT TO GODLINESS
Cleanliness has long been held in high regard, but is this still true in the workplace of today?

The benefits of a clean and tidy workplace are plentiful: it creates a good impression when clients or suppliers visit, aids the smooth running of a business and contributes to good health and safety. One study found a controlled increase in the quality of cleaning led to a 12.5% decrease in sickness absence, while another (which looked at 351 office buildings) correlated cleanliness with employee satisfaction.

Unfortunately, many businesses have not got the memo, as new research suggests that a growing number of workplaces are in a poor state of hygiene. This month it was reported that having invested more than £1 billion into Manchester United, Sir Jim Ratcliffe has sent a scathing email to all staff demanding better standards of tidiness, and calling one area a disgrace.

If you take a look around your workplace and feel it is not quite up to scratch, it’s clear that encouraging a cleaner office culture could have a positive impact on productivity and performance.
BEING MORE PRODUCTIVE
A detailed report by Xero, the accountancy software provider, revealed that SME productivity has still not fully recovered since it went backwards during the COVID-19 pandemic.

If this is the case in your business, profitability may be impacted which in turn limits your ability to enjoy the fruits of your labour and grow.

There are many strategies you could pursue to drive up productivity, from introducing new technology to reviewing your sales and marketing. HR is certainly an area in which you should give careful thought.

How good is your recruitment and retention? Does your appraisal system drive improvement in your team? Thinking of carrot and stick, do you sufficiently recognise your good performers and not let poor performers drift?

From training to upskill your staff to professional assistance with the difficult task of performance management, we are here to help. So if you have a productivity issue in your business, have a chat with us.
ENDING THE "SICK NOTE CULTURE"
Last month, Rishi Sunak announced a flagship policy to end the sick note culture – telling people what they can do, not what they can’t, and moving the issuance of fit notes away from GPs.

Steering clear of the politics of it all, there is much that good HR can do to counter absenteeism in the workplace; starting with having a robust absence management process in place.

This includes requiring absent staff to confirm over the phone (not text or email) themselves that they will not be in, return to work interviews when the absence ends and proper monitoring of sickness absence to detect patterns.

If you have a problem with absenteeism, it may be time to look at your workplace culture. Is there a problem with stress? Are there cliques or have you had incidents of bullying? Any of these could be an underlying cause.

Another government policy is to facilitate flexible working, and there is growing demand for this amongst employees. It may be that it does not work for you, but it is worth exploring just to check. For some employees, it could give them the balance they need to perform their role well, rather than seek out a fit note.
SACKED FOR OPENING THE WRONG DOORS
If you think it sounds harsh to be sacked for opening the wrong doors, you are not alone. An employment tribunal upheld just such a claim for unfair dismissal; although it should be noted that the doors in question were those on a Tube train!

The train wasn’t moving, but it is still possible that passengers could have fallen out, so it was a serious incident. Both the employee’s parents had recently died, and she cited the stress of this as a contributing factor to the incident.

The judge considered that Transport for London did not carry out a sufficient investigation leading up to the dismissal, but awarded no compensation due to the gravity of the underlying employee mistake. When health and safety protocols are paramount, it is always wise to ensure your staff are in a fit state of mind to perform their duties.

April 2024 Newsletter

CELEBRATING SUCCESS
Running a business, you may put a heap of effort into managing your team, leading them through the highs and lows. But how good a boss are you to yourself?

When it is your own business, it is easy to be completely immersed in it all hours of day (and in extreme cases, night). The harder you work the better your returns is the thinking. Or, “If I don’t get this done the wheels will come off!”

While this can work in the short term, it is not sustainable over a prolonged period of time. Something’s got to give and if you leave it too long it could be your health, relationships or, paradoxically, your passion for your business.

Here is a quick list of good practices for maintaining a healthy work/life balance. How well do you score on each of these?

Creating boundaries – You are at an immediate disadvantage to someone who works 9am-5pm in an office when you run your own business. It’s much harder to switch off, and perhaps you continue working at home. Be strict with downtime and, if you work at home the physical space you operate in.

Time management – It is far from unusual for business owners to be pulled from pillar to post with the amount they have to do. To avoid being a busy fool, work on getting your time management down to a tee. Approaches like the Pomodoro Technique (25 minute focused sprints) and Eisenhower Matrix (prioritising the important tasks) are helpful here.

Delegation – For some, delegation is one of the hardest skills, but it is important to scaling a business. Whether it is a trust issue or something else, building up this skill is fundamental to achieving work/life balance. As a starting point, it is often helpful to delegate in small steps just outside your comfort zone to build up the confidence required.

Taking breaks – Less speed more haste, there is usually wisdom in the old sayings. Whether we are talking 15 minutes to clear your head after a long meeting or staring at a screen, or ensuring you take proper “switched off” holidays – it will help you stay refreshed, think more creatively and avoid burn-out.

Focus on sleep – It is easy to take sleep for granted, but it is essential to operating effectively during the working day and for your overall health. Your cognitive function, emotions and physical health will all be dictated to by the level of sleep you achieve. A regular schedule, relaxing environment, avoidance of stimulants like caffeine and blue light from screens will all help you establish a good sleeping pattern.
ACHIEVING WORK/LIFE BALANCE
Every April, we see updates to employment law following the passing of legislation over the previous year. April 2024 is a busy one. We have produced a full factsheet contact us if you would like a copy.

In the meantime, here are some of the headline changes to watch out for:
National Minimum Wage – The annual rise to minimum wages kicks in on 1st April. There is a big change this year with the National Living Wage applying for those aged 21 or older (previously it was 23). The new rate increases from £10.42 to £11.44. Minimum wages for younger workers and apprentices rise too.

Carer’s leave – This is a new statutory leave that comes in from 6th April 2024. It gives employees a day one right to take one week of unpaid leave in each 12-month rolling period to look after a dependant such as a child, or anyone else who reasonably relies on them for long-term care.

Flexible working – The right to request flexible working is being extended, and weighted more in the employee’s favour. From 6th April it becomes a day one right as opposed to an entitlement after 26 weeks’ continuous service. It can be requested twice within 12-months instead of once, and your response time as an employer is reduced from three to two months. The employee no longer needs to explain the effect of the change requested, but your permitted reasons for refusing a request have not changed.

Enhanced redundancy protection – The Protection from Redundancy (Pregnancy and Family Leave) Act extends rights already in place for new mothers significantly – again from 6th April. It widens the beneficiaries of protection to include adopting parents and those using shared parental leave, and for mothers applies from the moment an employee informs her employer she is pregnant, to 18 months after the birth.
MANAGING REDUNDANCIES EFFECTIVELY
Managing redundancies will usually be a difficult and complex process – certainly for many who are leaving, but also for some who are staying who may have survivor syndrome, and the people in charge of the process.

In the States, one company got it wrong when a virtual town hall meeting was abruptly cut short when staff started to voice their displeasure… or rather display it via a torrent of emojis.

The incident went viral and the company was criticised for running away from the problem instead of listening to concerns.

There is a statutory process to follow when instigating redundancies and doing it with a human touch will generally help. We are experts in helping companies through such challenging times, so if you may need to make redundancies, seek our help
SHARING STAFF DATA DURING A MENTAL HEALTH EMERGENCY
If a member of staff experiences a mental health emergency in the workplace, it is likely to be a highly stressful time for them, colleagues and you. There may be a thousand thoughts racing around your head, including what you need to say to help ease the situation.

Of course, some of the pertinent information may be personal data, such as a pre-existing condition or a history of behaviour, casting doubt on what you are free to say. The Information Commissioner’s Office (ICO) has recently released detailed guidance to help.

Broadly speaking, they advise that you should share proportionate and relevant information with emergency services and health professionals to prevent anyone coming to serious harm. They confirm that you will not get into trouble for doing this.

When reaching out to next of kin or an emergency contact though, they suggest a more cautious approach, case by case. This is because you may not know the exact nature of an employee’s relationship with this person.

The ICO also advises planning ahead for sharing information in a mental health emergency. Contact us if you would like help doing this compliantly.
£30m PAYROLL SYSTEM CAN'T PAY STAFF CORRECTLY
You’d like to think that if you invested £30 million in a payroll system, you would have that bit of your to-do list ticked off. On to the next thing. Yep, you definitely don’t have to worry about the workforce getting paid.

That has not been the case for Surrey County Council, who are reported to have spent just that sum replacing a 20-year-old legacy system only to find out they are effectively worse off than before.

And so are their staff; with some being underpaid, some being overpaid and all kinds of knock on effects like mortgage payments missed and benefits payments messed up.

With no end in sight it is not a happy place. You probably already know that payroll is a non-negotiable to get right. Contact us if you would like to look at different payroll solutions, we can help you select the right system for you, that is tried and tested.
UNEASY BEDFELLOWS
It may beggar belief, but some companies have actually tried to cut costs by asking colleagues to share a bed on a business trip.

While team-building exercises are generally a good idea this is definitely a step, no, a giant leap, too far. Even requiring a room share with separate beds is potentially fraught with difficulty – you never know what medical conditions someone might have which require privacy, or if someone is a massive snorer.

At best you may be looking at a fight over a duvet. More likely you will get workers performing below par after an awkward night, and the legal risk of some kind of harassment claim is simply not worth the saving you may achieve.

March 2024 Newsletter

WHAT POLICIES DO YOU HAVE IN PLACE FOR START AND END TIMES
Have you ever had a member of staff clock in for work in their underwear, only to go home again to get dressed? Unlikely, but that is exactly what happened at an Italian police station.

The incident made international headlines when CCTV exposed (if you will pardon the pun) one policeman’s practice in 2014. By way of justification, he argued that dressing in his uniform was part of his daily duty.

However, he was embroiled in a much wider case where public servants were accused of chronic absenteeism, with one council worker clocking on and then going kayaking for the day. The image of cop-in-Y-fronts sealed the policeman’s fate as a scapegoat though, and as well as losing his job, he became an international laughingstock.

There was a twist to this tale. An Italian court eventually ruled that dressing in uniform was part of his daily duty and ordered he be paid €250,000 in compensation and have his job reinstated!

We are not suggesting that this will encourage a flurry of underwear clad workers at your office, but do you actually have policies dictating the protocol of start and finish times at your workplace? This may include specifying times of day, and that employees arrive ready to work for example. Then there can be no doubt what is and isn’t acceptable.

If you have such policies, how are they policed? Do you need clocking-in software, do you monitor lateness or other unprofessionalism? Where there are transgressions are these addressed, and addressed fairly across the board?

Increased remote, hybrid and flexible working uptake may raise the risk of unprofessional practices. In fact, there is much more chance of someone working in their pants in this scenario. One survey found that 10% of work-from-home employees work in pyjamas every day. You can only assume that in these instances other professional standards may be slipping.

For some businesses an informal approach may fit the culture, but for others stricter standards are essential. If you would like help creating start and end of work policies or addressing poor standards, please ask.
EMPLOYMENT LAW UPDATES THIS APRIL
Every April, we see updates to employment law following the passing of legislation over the previous year. April 2024 is a busy one. We have produced a full factsheet contact us if you would like a copy.

In the meantime, here are some of the headline changes to watch out for:
National Minimum Wage – The annual rise to minimum wages kicks in on 1st April. There is a big change this year with the National Living Wage applying for those aged 21 or older (previously it was 23). The new rate increases from £10.42 to £11.44. Minimum wages for younger workers and apprentices rise too.

Carer’s leave – This is a new statutory leave that comes in from 6th April 2024. It gives employees a day one right to take one week of unpaid leave in each 12-month rolling period to look after a dependant such as a child, or anyone else who reasonably relies on them for long-term care.

Flexible working – The right to request flexible working is being extended, and weighted more in the employee’s favour. From 6th April it becomes a day one right as opposed to an entitlement after 26 weeks’ continuous service. It can be requested twice within 12-months instead of once, and your response time as an employer is reduced from three to two months. The employee no longer needs to explain the effect of the change requested, but your permitted reasons for refusing a request have not changed.

Enhanced redundancy protection – The Protection from Redundancy (Pregnancy and Family Leave) Act extends rights already in place for new mothers significantly – again from 6th April. It widens the beneficiaries of protection to include adopting parents and those using shared parental leave, and for mothers applies from the moment an employee informs her employer she is pregnant, to 18 months after the birth.
BUSINESS JARGON....WHAT IS IT GOOD FOR?
Not “Absolutely nothing” as the song continues. It does though have a bad rep and may be a source of amusement as people “Push the envelope” or “Run an idea up a flag pole”.

But for those in the know, jargon can be an effective technique for communicating complex concepts effectively, and contributing to a sense of company cultural identity – with pet names for processes or equipment, or simply creative tongue-in-cheek use of language.

If you find yourself drawing on business jargon in your company there is a balance to be struck, though. Research conducted by BRITA found that one in four office workers feel disconnected when colleagues use jargon.

If you have new recruits, take the time to translate company jargon until they get up to speed. This will help integrate them and ensure they work at peak productivity instead of having to Google what to “Boil the ocean” means and why it is not a good idea.
IS OBESITY AN HR MATTER?
In Japan, companies are legally required to measure the waists of employees every year, and can be fined if too many staff are overweight. The obesity rate in Japan is just 4% compared to about 30% in the UK.

Despite obesity being much more of an issue here, there are no such legal mandates in the UK, meaning there is no way it is on HR’s radar to the same extent. But should it be? Obesity can be a significant factor in all manner of health conditions including sleep apnoea, hypertension, joint troubles and, of course, Type 2 diabetes.

In turn, these can impact productivity through short and long-term sickness absence and even a reduction in the talent pool. While we are not advising getting the tape measure or scales out, there are plenty of ways you can more softly encourage good health: cycle to work schemes, corporate gym memberships, a well-stocked fruit bowl… but not too many Easter eggs!
HOW HIGHLY DO YOU VALUE SOFT SKILLS?
If you are like the majority of UK employers in 2024, “very highly” will be your answer. Research by LinkedIn showed that soft skills accounted for four of the top five skills employers valued.

Number one was communication followed by customer service, management, leadership and teamwork.

In a world where every other conversation seems to be around AI or automation, this surely represents a key way in which humans will add value as the years roll on.

Technology can perform many repetitive and time-consuming tasks more quickly and more accurately than people. So having staff who can complement this by building rapport with customers, inspiring colleagues and managing workflows effectively may be the perfect combination for your business.

If you would like to reimagine the workforce you need in the future to work alongside technology, we can help. Our services like person specifications, psychometric testing and management training could be just what you need.
BEIGE FLAG FOR EMPLOYER IS A RED FLAG FOR FRENCH COURT
While the beige flag has become a thing in dating, signalling that someone is too boring to become romantically involved with, a company in France has discovered it is not a legitimate reason to dismiss someone from their job.

The employee steered clear of frequent business social events in which heavy drinking, promiscuity and other excesses were encouraged. He also voiced his disagreement with various management practices and decisions. He was dismissed and took his case to court for what was described as the “legal right to be boring”.

The Court of Appeal in Paris ruled that he could not be blamed for his “lack of integration in the fun environment” and that his employers could not force him to participate. The court awarded him €496,000 in compensation.

February 2024 Newsletter

MANAGING EXITS TO AVOID REPUTATIONAL DAMAGE
Most business owners will have enough on their plate trying to manage existing staff, without having to worry about ex-employees.

Unfortunately, the rise of platforms like Glassdoor, Trustpilot and Google Reviews has given a mouthpiece to disgruntled former employees who feel they have an axe to grind. And the truth is that, rightly or wrongly, they can get away with saying an awful lot without much recourse.

Bad reviews on such platforms have the potential to cause you much damage, particularly reputationally. This is bad enough on its own, but the knock-on effects may include loss of revenue, decreased staff morale and greater difficulty in hiring future recruits – not to mention harm to your own mental health and the time, energy and resources spent on countermeasures.

Sorry for the grim picture. We should balance it out by saying old and current staff can leave wonderful reviews, too.

But back to problem cases and exit interviews for departing staff are your first, and maybe strongest, line of defence. It is more important than ever to conduct full and inclusive exit interviews for everyone.

If they are leaving on bad terms, they at least give you the chance to draw out the bad blood in person. Hearing them vent may not be a pleasant experience but is probably less harmful than if they leave feeling the only way to be heard is on a review platform (of course, they may do this anyway).

Stay professional yourself and keep in mind your overall aim of such interviews may be damage limitation.

Sometimes, a bad review may come as more of a surprise as you didn’t know how they felt. Conducting good exit interviews may nip these in the bud. If you give them the opportunity to provide genuine feedback and communicate that you take it on board and will perhaps effect change, that might be all they wanted to achieve.

If you would like help developing a process for exit interviews (and broader management of staff leaving) please ask us. Our experience could save you a lot of stress and the risk from reputational harm.
LUNCH IS FOR WIMPS?
While the line from Wall Street “Lunch is for wimps” may encapsulate 1980s machoism and an extreme sense of work ethic, many people now would recognise that it doesn’t ring true.

Sure, it is a positive if your dedicated team willingly works through a lunchbreak occasionally to hit a deadline. Making a habit of it, though, will probably lead to more harm than good.

A break halfway through the day is important for so many reasons – for them and for you.

Avoiding burnout – The most obvious reason for taking regular breaks over the long term is to avoid stress and eventually burnout. If employees really don’t feel they can ever take the lunchbreak they are entitled to, tiredness and stress will build up. This may lead to mistakes, grouchy behaviour and eventually symptoms of burnout which could end up with long-term absence or their looking for another job.

A legal requirement – Under Working Time Regulations if someone works for six hours they must have a twenty minute break. This cannot be at the beginning or end of the shift and must be away from their workstation. If they are under 18, this break is required on a four-hour shift.

Healthy eating – The lack of a lunchbreak may lead to unhealthy eating habits. As well as contributing to long-term health risks, they again may perform poorly in the afternoon if they are not getting the right nutritional intake.

Reducing back pain, eye strain and repetitive work injuries – We all know that sitting down all day is bad for your back, so missing the lunchbreak is an opportunity lost to have a proper stretch and reset your posture. It is the same for staring at a screen – which employees should have regular breaks from – and breaking up repetitive routines that can cause injury. As with the other points these will have short-term and long-term consequences which may impact them and you.

Inspiring creativity – Stuck in a rut it can be difficult to think of new ideas, solve problems and see other perspectives. A short walk and some fresh air as part of a proper lunchbreak is a tried and tested way to come up with some new ideas, reach a decision or think a little differently.

Nothing says “work through your lunch hour” more than watching the boss do so every day. So lead by example on this and make sure you are seen to take a proper lunch break– after all, all these benefits apply to you too. And if someone on your team is still regularly working through lunch, explore how you can help them change their ways
OUT OF OFFICE
You’ve met your deadline, handed over some urgent tasks, put your mug in the dishwasher… wait you still need to set your out of office! Out of office (OOO) messages split opinion. What’s your style?

Do you like a Dad-joke style quip, like a Simpsonesque: “Hi, I’m Troy McClure. You may remember me from such automated responses as ‘I’m on vacation’ and ‘I’m not here right now’. I’m currently out of the office until [date].”?

Or do you prefer a last-minute rush job littered with typos and the wrong date for your return?

Hopefully it is neither, and you are well-prepared with a brief note that thanks people for their message, offers an alternative contact or a promise of a response when you return on a specified date.

Guide your staff in this, too. Left unchecked, you never quite know who may see a poor out of office message; or not receive one at all when it would have been helpful.
NATIONAL MINIMUM WAGE FOR DOMESTIC LIVE-IN WORKERS
A small loophole in the national minimum wage legislation will be closed on 1 April 2024.

Dating back to 1999, it allowed live-in workers who were treated as part of the family to be exempt from the national minimum wage. It was principally designed to facilitate au pairs – where accommodation and meals were provided in return for light housework and childcare.

However, following an employment tribunal in 2017 and a subsequent investigation by the Low Pay Commission, it was found that some unscrupulous employers were exploiting the loophole, with migrant workers and women at particular risk. Long hours and duties beyond what the government considered reasonable for an au pair to perform were found to be being imposed in some cases.

The amended legislation does not outlaw au pairs; but it does mean they will need to be paid the appropriate minimum wage.
WOULD YOU PROMOTE SOMEONE WHO WORKS FROM HOME?
A recent survey found that four out of ten employees feel they are less likely to get promoted or receive a pay rise if they do not spend enough time in the office.

While this in itself should not be a determining factor for pay rises and promotions, assuming they are operating within your rules, it may be that indirectly it has an influence.

To protect your business, it is important to treat employees fairly and a strong foundation to this is having clear policies and processes in place which set expectations for them. They can also give you a framework for handling things like promotions and pay rises consistently so that everyone is judged on the same criteria.

If you would like a review of current policies, please get in touch.
SOZ UR SACKED ☹
It may sound more like the behaviour of a teenager dumping their boyfriend or girlfriend, but believe it or not some companies have chosen to dismiss employees by text message.

As far back as 2003, only a few years after texts had become popular, a personal injury claims company dismissed 2,000 staff by text; while much more recently a holiday resort firm is alleged to have done the same.

Unless other more orthodox channels have been exhausted, firing by text is illegal and indicative of an unfair dismissal as there is a process to be followed. Needless to say, it is also pretty insensitive.

If you want to add an aggravating factor to such an unfair dismissal, why not use text speak too… and emojis? OMG 🤯!

January 2024 Newsletter

ARE YOU CARRYING OUT THOROUGH BACKGROUND CHECKS?
It’s the kind of horror story no employer wants to read; but a former participant on Secret Millionaire (the TV show) had to sell their company and make six staff redundant when their accounts assistant stole £35,000. She’d been employed for less than a month.

She did it by setting up a fake supplier with a similar name to a real one in order to bypass internal controls. She then transferred the money in a series of payments.

There are all kinds of good accounting practices that can help manage such risk, but we want to use the story to highlight your first line of defence: taking the time to conduct thorough background checks during your recruitment process.

You’ll want to do this with any new hire to a degree; but for accounting roles and other sensitive jobs it pays (or in some cases is a legal requirement) to dig deeper.

By law, you must carry out a “right to work” check on all employees and there are heavy fines for non-compliance.

It is normal good practice to request references from past employment or, if these are not available, character references.

When recruiting for accounting or other financial-related roles, there are a number of other checks which we would advise performing. These include a DBS check to flag certain elements of a criminal record, credit references to see if their personal finances are in a poor state (which could be a sign of incompetence or a motive for theft), and proof of qualifications. Some FCA-regulated jobs require additional checks as well.
There are, of course, other types of role that call for more thorough checks – in particular working with children or within healthcare, and where certain skills fundamental to the job are required, like DVLA checks for drivers.

But almost anyone could have the potential to dupe you if they are so minded. A warehouse worker was jailed for two years and ordered to repay John Lewis more than £55,000 for industrial-scale theft of products which he was then reselling online.

Protect yourself and your business by being thorough with your background checks.
THREE UNUSUAL TRIBUNAL CASES FROM 2023
While there is nothing funny about being taken to an employment tribunal, there are a few cases every year which will raise anyone’s eyebrows when reading about them with a certain detached curiosity. Here are three of the best from 2023.

Jump scare! Creepy crawlies no cause for dismissal – Not for the squeamish, one train driver made a successful unfair dismissal claim when he was sacked for playing two practical jokes on a colleague. The pranks involved placing the shed skin of first a tarantula, and then at a later date a snake, in her locker to make her jump. The judge gave a detailed dissection of the nature of the prank, concluding that dismissal for gross conduct was too strong a response in this case, whilst noting that in different circumstances it may have been appropriate.

Accidentally sacked whilst on annual leave – This one is a story of administrative error. A supermarket shop assistant, blissfully ignorant whilst on annual leave, was sacked for supposedly being AWOL. Needless to say, she did not respond to any of the letters inviting her to a disciplinary hearing regarding her absence, or to appeal the eventual dismissal because, quite simply, she was on holiday. The large retailer did offer to reinstate her, but she declined. The judge upheld her claims of breach of contract, unlawful deduction from wages and unfair dismissal, awarding £5,000.

Big break: £147K awarded – Having already won an unfair dismissal claim, a judge had to decide how much should be awarded to a former employee of a prestigious British car manufacturer for loss of earnings. The employer argued strongly for a lower sum as there was plenty of opportunity for the man to find work; but against a backdrop of caring for a young daughter, the pandemic, and a lack of transport, the judge sided with the ex-employee, who had found limited work as well as retrained as a plumber. A substantial £147,000 was awarded.
VAPING AT WORK - ARE YOUR POLICIES UP TO DATE?
You can’t have failed to notice the steep rise in vaping recently; whether it is the number of vape shops on the high street, or catching a tropical whiff when standing in a queue.

This is bringing an issue to light: that many SME smoking policies do not make provision for vaping, and the law is vague to non-existent.

As the practice becomes more prevalent, it becomes more important to have a policy; because although popular there will still be a silent (or not so silent) majority who do not like the impact on them. And although e-cigarettes do not contain tar, there is no conclusive understanding of the long-term effects.

We would not advise permitting vaping without limits. So if you don’t want to impose an outright ban, you should think about where it will be allowed without impacting others or your operations. If you would like help preparing a vaping policy or any other policy for your employees, get in touch.
IS IT OKAY TO MONITOR STAFF?
The Information Commissioner’s Office (ICO) has fired a warning shot across the bows of employers who monitor their staff, issuing guidance on required standards.

With flexible working becoming much more common since the pandemic, invasive forms of monitoring have become more of an issue, with employers not having as much day-to-day visibility of their teams. Use of intrusive technology like webcams, keyboard tracking and email/call logging can erode trust and harm well-being.

The ICO has emphasised that monitoring must have a clearly defined purpose; be necessary, proportionate and respectful of rights and freedoms; that staff must be informed in an easy-to-understand format; the least intrusive path should be followed; and that all data should be processed in line with data protection laws.

If you feel that some form of monitoring is necessary, but want advice on the best course of action, we are just a phone call away.
SHOULD "HEAT OF THE MOMENT" RESIGNATIONS BE IGNORED?
Your employee has a strop, storms out saying they’ve had enough and resigns. Should you take that at face value, or give them an opportunity to retract?

As tempting as it might be to accept such a resignation as suddenly as it was issued, a more tempered approach is advised. An employment appeals tribunal overturned an earlier hearing which had given the employer discretion to summarily accept such a resignation.

The judge gave a number of guidelines for future reference, including that every case should be judged on its merits, that how a reasonable bystander would interpret the resignation was key, and that it was not sufficient to solely rely on the subjective understanding of the recipient, although this understanding would have a degree of relevance.

As in many aspects of life it is best not to make big decisions when emotions are running high. Allowing for a cooling-off period will often help you both reach the best outcome.
PYJAMAS PANDEMIC
You’ve heard of dress down Fridays but just how “down” are your employees dressing?

According to one survey, 33% of employees confessed to wearing pyjamas whilst working (we assume from home). The average number of days in this attire was 46, but nearly 10% claimed to wear their pyjamas every working day.

Some employers may not care but, like many, you might feel this is going too far – a lack of professionalism that may be borne out in falling productivity, too.

If you need a reset on your hybrid or flexible working policies, we can help.
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