Planning for a rainy day…

As the old saying goes, it never rains but it pours. If, like me, you have been nervously watching the ground getting wetter and the drains fuller, you are probably already thinking ahead about how to manage business as usual.

Adequate staffing

In adverse weather, the key thing is to prepare. This means planning journeys with consideration and setting off early. You should be clearly communicating this message to your employees and, where necessary, reviewing work schedules to take account of any delays that may arise.

If you are able to, consider working at home as an option for some or all of your staff. This may mean considering how you will manage phone calls and remote access.

If you can operate with a skeleton of onsite staff, then now is the time to start thinking how this would work. Would it be key, frontline staff who would have to come in? Or are you able to re-jig things so that those with clear routes to the work place are asked to man the proverbial fort?

If you do need to be physically open for business, consider where staff live and who is going to have difficulties arriving for work to ensure that you are adequately covered.

Travel

Advise employees that they should plan their journeys from home to work carefully, listen to local travel updates and set off earlier to account for delays if needed. It goes without saying that they should dress appropriately, with waterproofs and suitable footwear.

If employees are using Company vehicles, they should proceed with caution (if at all) going through flood water. Not only can it cause damage to the vehicle itself, in 2007, some vehicles were swept away by flood water. Where possible, stick to higher and flatter ground and if you do need to leave your vehicle, ensure it is in a safe place.

From a Health and Safety perspective, you have a duty of care to your employees and this needs to be kept first and foremost in your mind.

What about pay?

Many employers are tempted not to pay employees who do not make it into work. In theory, employers are not obliged to pay employees who are unable to attend work due to bad weather. However, this could be risky and with the increase in flexible working many employees can argue that they can work from home. Along with this a little goodwill does go a long way and can be beneficial in the long term for businesses.

A few alternative options are:

- Pay employees but require them to make up the time later.

-  Ask employees to take days as annual leave.
-  Enable employees to work from home by providing appropriate technology.

If employees are available for work but you send them home, you should pay them, unless you have an agreement which allows you not to.

Bad weather policy

Overall it comes down to common sense and what is best for your business. Bad weather should not be automatic permission to take a day off. But employers also need to communicate that employees should not risk their safety to get to work and be understanding if weather conditions worsen throughout the day. Even though it may sound extreme, a well communicated ‘bad weather’ policy should be put in place linking with your already existing absence management, health and safety, and business continuity policies. This should enable you to wade through any weather-related issues.

You're fired!

Watching the recent Apprentice final got me thinking: How many bosses dream of adopting Lord Sugar’s approach to sacking staff with just the point of a finger? 

This fast-track firing could become a reality for some, if the Government’s proposal for compensated ‘no-fault’ dismissals in small businesses with less than 10 employees goes ahead. 

The scheme, advocated by government advisor Adrian Beecroft, would mean that small employers could dismiss employees quickly by offering them a set amount of compensation.  Despite the label, ‘no-fault’ dismissals offer an obvious way out for small employers struggling to manage poor performance without the resources for lengthy dismissal processes.

It is certainly true that within the current legal framework, it is hard work and ultimately very difficult to dismiss employees, even if they are not performing.  So these measures are aimed at helping employers to get over their fears of taking on a new employee and then being stuck with them.

Clearly, as Vince Cable and other critics have pointed out, the whole thing could be seen as an excuse for poor management practice and an erosion of the employment rights built up by previous governments. But maybe after a decade or more of new employment legislation promoting employee rights, it is time for a swing back in favour of the employer? 

After all, these employees would still be able to bring claims for discrimination under the Equality Act 2010 and automatic unfair dismissal under the Employment Rights Act 1996. 

In fact, rather than chipping away at employee rights, the new system may do little more than create legislation around the current practice of dismissing with compensation through “without prejudice” conversations and compromise agreements.   

Far from creating the ‘simpler, quicker and clearer’ dismissal process sought by the coalition government, could the introduction of no-fault dismissals will further muddy the waters of employment legislation? Creating a different set of rules for smaller businesses who are already struggling to keep on top of a raft of legislation and employment duties may have an adverse effect.    

The fantasy of pointing your finger and saying ‘you’re fired!’ is still a long way from reality.

The London Olympics: are you prepared?!

Dates

Olympic Games – 27th July to 12th August
Paralympics – 29th August to 9th September

Many organisations across the UK, not based in London, think that they will not be affected. Think again. Employees might have won tickets in the lottery and want time off to see them; they might have signed up as a volunteer and been chosen; they might simply want to watch the Games from home.

One of the key issues for organisations is attendance; maintaining an adequate staff presence during the course of the Olympics. The Olympics falls during school holidays which poses a challenge for employers as many parents will need to take holidays over that time. Yet other staff, without children, may well wish to take their annual leave during this time to enjoy the Games.

Most organisations will have in their employee handbooks information about how much notice employees have to give to book holidays. However, if you do not have this information, then at a minimum, employees need to give double the time they are asking for off as the acceptable notice period to their employers.

There is no obligation on employers to give time off to staff over the course of the Olympics. If the business already has employees off at that time then the employer can refuse the time off.

You may want to consider how you can utilise the Olympics as a tool for employee engagement. Could you hold competitions or incentives relating to the games?

One of the problems with refusing holiday is that many employees will simply phone in sick. So a robust sickness absence monitoring policy and procedure is vital. We recommend using the Bradford Index as a tool to help you monitor sickness absence coupled with issuing sanctions if the employee’s sickness absence levels are not at an adequate level. Sanctions could be warnings or if you pay discretionary sick pay, you can also limit any payments to just statutory sick pay. Make sure you speak to an advisor at The HR Experts first before imposing any sanctions or you may leave yourself at risk as there are procedures you have to follow before issuing the sanctions.

You could also look at other ways of minimising the risk of absence. Provided you have adequate cover at key times, would it be possible to locate a television in the staff canteen; allow the radio to be on; or grant additional flexi time or time off in lieu arrangements for the period?

For organisations based in London they have the added problem of commuting challenges. If this is a problem then some organisations may want to consider asking staff to work remotely or from home over certain periods of time.

Businesses should be proactive and pre-plan. Investigate the dates, times and locations of events that could potentially have an effect on them. Be flexible in your approach and clearly communicate to your employees.

And finally, for those organisations in industries such as hospitality, or suppliers to the Games, you have a right to impose a suspension on staff taking time off during this period.

Sharon Swift
The HR Experts

Bullying and Harassment

With employeees becoming increasingly litigious, the reasons to tackle bullying and harassment are not only moral, they are about mitigating financial and PR risks too. In an ideal world everyone would be treated with dignity and respect in the workplace, but sadly that is far from the case.

Almost 20 years after Stephen Lawrence was murdered, another public body has been accused of "institutionalised racism", this time for treatment of its workers. Central Manchester University NHS Foundation Trust has been told to pay £933,115 in damages to a manager sacked after raising a grievance about the way he was treated. What is more, the Unite union has rasied concerns about the organisation's practices: while 25% of employees dismissed for wrongdoing are black, they make up just 2% of the total workforce.

So, what can organisations do to prevent such situations arising? There is a two-pronged attack:

- Having clear policies and procedures in place, and
- Measuring and reporting on key HR data

Policies and Procedures

This is not about having a written document tucked away in a handbook that no-one reads. It means having a clearly communicated approach that all employees and managers are aware of. Policies are designed to set out an organisation's position and principles on a given matter and procedures should detail the steps that are taken when an issue arises. By conveying these messages and ensuring they are implemented in practice, emmployers can help to prevent bullying and harassment in the workplace.

- Dignity at Work
Equal opportunities should feature highly on the list. This will help to ensure that everyone understands what groups and characteristics are protected in law, what activities are unacceptable and how to ensure that people are treated fairly and consistently. It is key to help people within the organisation understand what is meant by bullying and harassment by explaining what is expected and what can be done. Whilst people are aware that physical bullying is unacceptable, the mental effects of bullying can be more difficult to define. This can include spreading rumours or gossip, being unfairly critical and ridiculing or undermining behaviour. Therefore it can be helpful to incorporate such information in a dignity at work policy.

- Health and Safety
All employers have a responsibility for the health and safety for their workers and the organisation is liable for failure to meet these requirements. Managing stress at work, as part of a wider health and safety policy, can help to ensure that the effects of bullying and harassment are managed and individuals are adequately supported. This can form part of a wider strategy on employee well-being, ensuring that the workplace supports physical and mental fitness. Having employees with a good state of general health is good for the individual and for business performance.

- Open Door
Open door policies help to ensure that employees feel able to approach any manager (not necessarily just their line manager) when they have problem. By encouraging managers to be approachable, employers can help ensure that matters do not escalate but are nipped in the bud early on before they become too serious. Sometimes, just a listening ear can help matters. This can also go some way towards ensuring that matters of wrongdoing and malpractice are dealt with internally without employees having to make a public disclosure.

- Grievance
Finally, a clear grievance policy and procedure can ensure that employers listen to employees concerns and take action where necessary. This can help prevent recourse to employment tribunal and ensure that organisations are meeting statutory obligations towards employees. Further information can be found about this from ACAS.

Measuring and Reporting HR Data

As identified in the recent case between Elliot Browne and Central Manchester University NHS Foundation Trust, there was statistical evidence which demonstrated that there is a problem within the organisation. If someone had flagged that there was correlation between black employees and dismissals, action could have been taken to re-educate both employees and managers and address organisational culture.

By measuring key criteria it becomes possible to track workforce satisfaction, compliance, turnover and absence levels. Likewise it is helpful to cross reference these indicators to see if they are consistent across different groups of workers; according to any protected characteristics they may have and in different teams. This will allow the organisation to address potential risks and try to address the culture in those areas.

Pitfalls and Positives

One of the common pitfalls employers fall into is thinking that bullying is not an issue in their organisaton. Unfortunately, bullying can still be a taboo subject and simply not talking about it can mean that organisations don't become aware of a problem until it's too late.

By ensuring employees know what bullying is, and explaining the organisation's approach to tackle go a long way towards preventing issues. This helps to protect the employer from potential claims at Tribunal, and reduce impact on productivity, turnover and absence.

Murphy's Law?

David Woods' timely article is an interesting read.

As a HR professional, I spend quite a bit of time staying abreast of case law, in case it changes the way I handle specific issues as they arise. No two matters are alike and this means that we have to navigate our way through complex precedent. The law is more grey, than it is black and white.

If it were just a matter of twice yearly employment law updates, I am sure we could cope. But with the burden of proof often being on the employer, and claims being decided at the whim of individual tribunal judges, HR professionals increasingly find themselves erring on the side of caution.

It's refreshing to see that compromise agreements (recently mooted as settlement agreements) are being encouraged. However, too often these are used to ward off tribunal action regardless of the employee's prospect of winning because of the time, cost and trouble of claims. Therefore, decisions are taken by measuring the risk presented by a particular employee, rather than the risk of a particular course of action.

Reading that the government has so far failed to consult HR professionals and trade unions, who are both at the coal face of employee relations, is disappointing to say the least. According to Woods, the government have relied upon the views of lawyers in obtaining a professional view point. However, this group represents a tiny proportion of British industry and, arguably, have a vested interest in preserving their position as intepreters of the law.

Employment law should not be a minefield for employers to navigate which leaves them in fear of tackling poor performance, absence or misconduct. Employers want the freedom to get on with running their organisation, not pondering whether it's okay to dismiss someone after an inconclusive occupational health report, like in this recent case. If employment judges can't agree on how to interpret the law, how are employers meant to cope?

Your thoughts and comments would be greatly appreciated!

To read David Woods' full article, please follow the link.

Riots: what next for employers?

Whilst it's been peaceful in South Yorkshire, the home of The HR Experts, our thoughts are with those who have not been so fortunate during the riots of the last few days. A lot of employers will be wondering how to respond in the face of this kind of destruction. So we thought a bit of free HR advice would be beneficial.

Clouds and silver linings...

Whilst you may just be getting your head around what rioters have done to your business, it may help to remember that such disruption can offer great opportunities for team building. The sense of camaraderie created by all pitching together should not be underestimated. Clean up operations, and even assisting others in the community, can all help to turn a negative into a positive.

Closed for business...

In the event that you're not in a position to provide employees with work on a temporary basis, then it's likely you will have to pay them. This can be likened to snow days; where an employer chooses to close due to disruption, employees should be paid. However, if an employee takes time off due to the riots, they have no entitlement to pay.

As an employer you can ask employees to take holiday, as long as you give notice. The notice must be at least twice as long as the holiday you want them to take. That said, employees may offer or willingly agree to take days as holiday or unpaid leave, if they understand the difficulties you are faced with. Where it is practice to do so, employers who are unable to provide work to their employees temporalily may be able to lay them off.

End of the road...

If your business has been affected by the riots to the extent that you can no longer trade, it is likely that redundancies will result. If you are able to, you should first consider ways you can avoid redundancy, such as redeployment. Shoosmith's solicitors offer some thoughts on whether notice pay is payable in such cases.

Dealing with employees...

Employees affected by the riots may need understanding and support at this time. You may find that your employees or their children have been involved in the riots, or their lives affected in some way. The effect on your business may leave employees feeling afraid about further trouble or worried for their jobs. Useful information which covers both individuals and organisation can be found from the Citizen's Advice Bureau website.

If an employee is convicted of involvement in the riots, you should check your disciplinary policy. This will guide you on what measures, if any, you should take.

If you would like any more help and advice on this subject, please contact us and we will be happy to offer you an initial free telephone consultation to discuss the matter.

Outsourcing HR: pitfalls and positives

OUTSOURCING has been gaining momentum for several years, but recently many more organisations have been considering this option in a bid to reduce costs and streamline processes. Outsourcing has won favour as it enables organisations to bring in specialist expertise to deliver non-core services, allowing the organisation to focus on delivering its services. Reportedly, it can also save costs of around 20%.

However, outsourcing is not without its drawbacks. Whilst the key to successful outsourcing is having clearly understood objectives and an excellent relationship, in reality the supplier is frequently selected through a tendering process which amounts to little more than a tick box exercise. In the same way that people can get good at IQ tests with practice, there is a knack to completing tender documents which means that often suppliers are chosen based on understanding the tender process, rather than ability to deliver.

Sharon Swift, Managing Director of The HR Experts, compares tendering to the recruitment and selection process, “If you were looking for someone to join your organisation, you would ensure you advertised in the right places. You would also include a range of measures and selection processes to make sure you choose the right candidate. Outsourcing is much the same – and you need to consider how you effectively measure what your outsource partner can deliver.”

What is more, outsource service providers should be experienced at handling the processes or services in question professionally and knowledgably. However, frequently cost savings come hand in hand with a reductive approach, in which processes are condensed to no more than transactions that can be monitored and billed. Rigid adherence to such an approach can leave managers frustrated from dealing with contact centre staff who are all too familiar with the ‘computer says no’ school of customer service.

“With this in mind, it is important to ensure that you achieve real value-add from the service you receive from your provider,” says Sharon. “Even though the outsource company may be cheaper than if you had the same support in-house, they should offer you a quality, responsive service. After all, it is in their interests to do so.”

Outsourcing should reduce costs of non-core activities allowing you to focus on the services you provide rather than investing in support functions. Like many other service providers, The HR Experts focus on meeting specific objectives set out by the organisations they work in partnership with. Being focused on key deliverables means that such providers are able to operate efficiently and effectively, through clear specifications which mean you get exactly what your organisation needs.

Outsource providers have specialist expertise, allow you to tap into economies of scale and must have the objectivity to review strategy and operations. There is considerable evidence that the private sector generally supply services at lower cost than the public sector. Competitive contracting out of services that have traditionally supplied by the public sector produce large savings, often of 20 per cent or more (Lundsgaard, 2002 and Bailey, 2002).

The major reasons cited for outsourcing are having access to specific skills and expertise, improved service quality and the ability to manage fluctuations in demand. On average, contracting-out HR services can bring savings in excess of 28 per cent. The top 3 reasons cited for undertaking outsourcing in the Chartered Institute of Personnel and Development’s (CIPD) 2009 Outsourcing Survey were access to skills and knowledge (71%), quality (64%) and cost reduction (61%). Other benefits of outsourcing HR include:

- Increased efficiency
- Improved people management information
- Access to HR expertise not available internally
- Increased flexibility and speed of response to HR problems
- Reduced risk as it is possible to scale up and down more efficiently
- HR resources can operate more strategically
- Access to improved HR IT systems without capital outlay

The HR Experts are a UK-based HR provider offering outsourced support and offer free initial consultations. Email info@thehrexperts.co.uk for more information or telephone (01709) 328864.


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