Author Archives: debbie

1. Sexual Harassment and the Christmas Party – What Employers Need to Know

   Tuesday, 26 November, 2024 11:22 am Comments Off on Sexual Harassment and the Christmas Party – What Employers Need to Know

   Christmas parties have always come with a health warning for HR  professionals.  Cases can reach employment tribunals long after the party has been forgotten by most.

   This year it’s even more important for employers to be careful.  Since October 2024, employers have been required to pro-actively prevent sexual harassment in the workplace.  What you may not realise is that the workplace includes at work events, such as the Christmas party.

    

   

   What is Sexual Harassment?

   Sexual harassment means unwanted conduct of a sexual nature that is aimed at violating another person’s dignity. This could include things like inappropriate jokes, banter, innuendo as well as physical acts.  In the relaxed atmosphere of a Christmas party, with alcohol flowing and inhibitions fading, there is greater danger of things going too far.

    

   What Should Employers do to Prevent Sexual Harassment?

   Step 1 – Risk Assessment

   Employers  need to take “reasonable steps” to avoid staff being sexually harassed.  If you have not already done so, you should conduct a risk assessment.  This should include your workplace, work-related events, online and employee interactions.  You also need to think about people outside your Company which your employees may come into contact with, such as customers or suppliers.

    

   Step 2 – Follow Up your Action Plan

   For instance:

   • Put in place a well-worded Sexual Harassment Policy.
   • Check for areas of your workplace that may be vulnerable, for example, dark corners, spaces you need to squeeze past.
   • Check to see if there are any images displayed that some may find offensive.
   • Train your management team in how to recognise and respond to signs or complaints of sexual harassment.
   • Provide training to your team members too.
   • Advertise how and where people should report harassment to.
   • Ensure management lead from the top and demonstrate good practice.
   • Consider the additional third party risks, such as customers who are drinking alcohol on your premises.

   Different businesses have different risks so your plan needs to be tailored to your business.

    

   Step 3 – Keep this Under Review

   Your risk assessment should be a live document.  You will need to review this regularly and make sure it remains fit for purpose. If you have any complaints of harassment, ask yourself, what did we miss?  What could we have done to avoid this?

    

   Ahead of the Christmas Party

   I don’t like to be a killjoy but it is important to remind your team ahead of time to have fun but to behave themselves.  The Christmas party may be a time to let their hair down but it is not a time to cause upset and offence to others.

   You may be the generous boss who puts their card behind the bar.  However, your team are likely to drink more heavily if someone else is paying.  You could reduce this by providing drink before and during the meal but leave them to buy their own thereafter.

   Agree with one or more members of senior staff that they will stay sober and in control.  This way you will have someone responsible to keep their eye on things, if trouble seems to be brewing.  Empower these people to step in and take action, if necessary.  This may mean taking people away from a situation, getting medical assistance or calling them a cab to make sure they get home safely.

   While you may have already made arrangements this year, if you want to lower your risks in future, there are other options.  For instance, plan a daytime event or meal instead and/or invite partners along.

   After the Hangover

   If you do find yourself in a situation where something has happened during your work event, please contact me.  You need to take action in the same way as if it had happened in your workplace.   You should have zero tolerance for sexual harassment at the Christmas Party or anywhere else.  Please remember, offensive behaviour may not always be reported by the person who was targeted by it.

   Any report of sexual harassment should be taken seriously and should always be investigated thoroughly. Once reported, employers will have a duty to prevent it happening again as far as reasonably possible. This means taking statements from the complainant, alleged victim and perpetrator and any witnesses and checking CCTV or other evidence and undertaking disciplinary action where necessary.

   Sexual harassment can be interpreted as gross misconduct. Perpetrators can be suspended whilst matters are investigated. This would also demonstrate that you have taken reasonable steps to prevent repeat behaviour.

    

   The Future

   At the moment, employers are required to take “reasonable steps”.  The Government have made it clear they plan to take the current law a step further.  This will mean that employers will need to take all reasonable steps.  The best thing would be get into that mindset now and ensure your employees are protected from sexual harassment in the workplace.

    

   Having said all of that, I hope you have a wonderful celebration with your team and wish you all the very best for the festive season.  Please remember, if you need any advice or support on any of these matters, please do not hesitate to contact me.

    

2. Why understanding neurodiversity is important for your business

   Thursday, 1 August, 2024 11:12 am Comments Off on Why understanding neurodiversity is important for your business

   Neurodiversity refers to the range of neurological variations that people may experience.  It can include conditions such as autism, attention deficit hyperactivity disorder (ADHD), dyslexia, dyspraxia, dyscalculia, and dysgraphia.

   Some individuals process information, communicate, and interact with others in a different way. Recognising and supporting neurodiversity in the workplace helps foster an inclusive and productive work environment.

   

   The importance of understanding neurodiversity

   Creating a workplace where neurodiverse individuals can thrive involves understanding their unique needs and challenges. Employees who can be their authentic selves are more likely to remain loyal, perform well, and contribute positively to the organisation.

   Encouraging employees to disclose their disabilities and raising awareness about neurodiversity can lead to reasonable adjustments that significantly enhance their work experience.

    

   Leveraging neurodiverse talent

   Neurodiverse individuals can bring unique strengths to the workplace. For example, a person with autism might excel in data processing and creative problem-solving, though they might struggle to articulate their ideas. Celebrating these strengths and providing appropriate support can unlock significant potential for your business.

    

   Challenges faced by neurodiverse individuals

   Neurodiverse employees may struggle with various aspects of the typical work environment, including:

   • Unpredictable situations or changes
   • Time management or punctuality
   • Procrastination
   • Verbal communication
   • Sensory overload from noisy or brightly lit environments
   • Maintaining concentration
   • Sitting for extended periods
   • expressing emotions or empathy

    

   Creating a supportive environment

   There are some simple steps you can take to support neurodiverse individuals, namely:

   • Encourage openness and awareness about neurodiversity among your team.  This will encourage people to seek support that works for them and promote understanding.
   • Discuss with the individual whether there any reasonable adjustments you may be able to offer.  For example, some people may benefit from working in a quiet space or wearing headphones at work. Others may welcome the opportunity to adjust their hours or work from home.  Each individual’s needs are different.  You may want to discuss this with an occupational health specialist.
   • Provide clear, jargon free communication and predictable work schedules.
   • Traditional interviews may not be suitable for some neurodiverse individuals, who find not knowing what to expect is challenging.  In recognition of this, John Lewis has published it’s interview questions on its website.
   • If you do not want to publish your interview questions, you can at least take some of the anxiety away by clearly outlining your process and timeline for recruitment.
   • Ensure your job description are clear, precise, and free of jargon. Highlight the specific skills necessary for the role rather than generic qualities.

    

   Meeta Sahni and Flo Weber-Zuanigh recently shared their knowledge in an excellent webinar “Embracing Neurodiversity at Work: Addressing the Unasked Questions”. Thank you both for agreeing to share this valuable content.

   If you wish to discuss how you can support individuals or make changes to your business, please contact me.

3. How to Deal With Dismissal Meetings – 10 key tips

   Monday, 29 January, 2024 9:00 am Comments Off on How to Deal With Dismissal Meetings – 10 key tips

   A recent TikTok Video of an employee being dismissed has gone viral, prompting criticism for the way the dismissal was handled, so if you find yourself having to dismiss someone, there are steps to take to make it easier for all parties.

   

   Brittany Pietsch believed she knew what was coming as her colleague had been dismissed 30 minutes earlier, so she decided to record her meeting.

   The meeting was held online, with two people she had not met before and despite Brittany repeatedly asking, they did not explain why she was being let go.  Cloudfare’s CEO, Matthew Prince later responded via X “We fired ~40 sales people out of over 1,500 in our go to market org. That’s a normal quarter. When we’re doing performance management right, we can often tell within 3 months or less of a sales hire, even during the holidays, whether they’re going to be successful or not.”

   In my opinion, dismissing 40 people out of 1,500 in one quarter should never be “normal”.  That’s not 40 names. That’s 40 human beings.

    

   Reasons for Dismissal

   Under the Employment Rights Act 1996, UK employers can only dismiss for one the following reasons:

   1. Conduct
   2. Capability or performance
   3. Statutory illegality/breach of statutory restrictions
   4. Redundancy
   5. Some other substantial reason (SOSR)

   It is essential to follow a fair procedure and this blog is aimed purely at the dismissal meeting itself. For more information about reasons to dismiss and procedure, please contact me.

   Key Steps

   1. Dismissal should not come as a surprise

   In the video, Brittany says that she was constantly being given positive reassurance from her manager and she felt her dismissal came out of the blue.  Clear, open, ongoing feedback is important to help employees grow.  Discuss and find ways to support them to improve because dismissal should be a last resort.

    

   2. Be Prepared

   If you have decided dismissal is your only option, it is essential to plan ahead.  What are you going to say and what are they likely to say to you?  How will you respond?  What will happen to their notice periods and what payments will they receive?

   Consider what you will do once the meeting is finished.  Do they still have access to your social media or other important accounts?  If they drive a company car which you will ask them to leave, how will they get home? Is there any important information you need?

    

   3. Involve the right people

   The right people must be involved and that would usually mean the employee’s manager plus one other.  If the manager does not have the experience, contact me for guidance.  Alternatively, give them the role of note taker so that at least the manager is available to answer questions and is seen to be taking ownership of the decision.

    

   4. Break the news in person

   Never break the news in writing. You have no control over when someone is going to read the message and how they will interpret it or if they will even respond.  You do not know the situation they are in when they read it and have no way to react to any change in circumstances.

   Online meetings should be a last resort.  You have no control over who else is in the room and your employee can simply hang up.  Once the camera has been switched off, you have no way of knowing what their true reaction is.  As uncomfortable as it may be, an in-person meeting is by far the best way to break the news.

    

   5. Treat everyone with respect

   Never lose sight of the fact that they are a human being.  They deserve to be treated with respect, humanity and compassion.

   Have the conversation in a confidential room, where others cannot see what is happening.  Hire a room, if necessary.  Switch off your phone and make sure you will not be disturbed.  Have some tissues close by, just in case.

   Think about how they will exit the room with dignity when the meeting has finished.  How can you make it easier for them to retrieve their personal possessions?

    

   6. Pace Yourself

   You may have been dreading this meeting for days and want to get it over and done with.  However, that gives the employee little time to process.  Whenever I prepare a guidance for a meeting, I deliberately include questions to the employee.  These are designed to provide breaks and give them the chance to speak.

    

   7. Collect equipment and keys before they leave

   If they have key items of Company property, such as keys, laptops, security passes, make arrangements for these to be collected before the end of the meeting.  This can be so much harder once they have left the building.

    

   8. Capture everything in writing

   Take minutes of the meeting as these could prove vital at an employment tribunal.

   Send a letter of confirmation as soon as possible. This should include the outcome of the meeting, pay arrangements and what to do with any remaining equipment.  If applicable, send them a copy of any restrictive covenants from their contract.  Please contact me for help with this.

   If the employee has been dismissed as a result of disciplinary action or redundancy, they should be told of their right to appeal.

    

   9. Don’t make them work their notice

   If your employee was not right for your role before you dismissed them then why would you expect an upset version of them to work effectively for you?

    

   10. Inform their colleagues

   Colleagues should not be left to wonder why someone is no longer working there.  Tell your team that the person has left the business but never say they have been dismissed as that should remain confidential.

    

   Dismissing an employee, for whatever reason, is not something to be taken lightly. Please contact me before taking any action.

4. Four-Day Working Week – is it good for business?

   Tuesday, 28 February, 2023 10:35 am Comments Off on Four-Day Working Week – is it good for business?

   From June to December 2022, a global trial has been taking place into the four-day working week.  It has now reported some impressive findings. Would it be right for your business?

   Why a Four-Day Working Week?

   The study looked into the impact of completing 100% of the work, in 80% of the time, for 100% of the pay.  In other words, working four days per week for the same pay.

   Many roles, including HR, are fluid. When I worked four days a week, I always felt I did a full-time job in part-time hours.  There was less time for procrastination.  Less time in meetings I didn’t need to be in.  More focus on what I needed to get done and by when.  In other words, I just got on with the job.  Day five was precious to me.  It gave me time to do the things I wanted for myself and my family.

   

   The Trial’s Findings

   The study by UK think tank – Autonomy, the University of Cambridge and Boston College found the following:

   • 92% of participating organisations will continue with a four day working week.
   • Revenues stayed broadly the same (rising an average of 1.4% over a six month period).
   • 39% of employees reported being less stressed.
   • 71% of employees reported having less burn out at the end of the trial.
   • 57% of employees were less likely to leave the company.
   • 65% less sick days were taken.

   In these times when we are much more conscious of employee well-being, it seems a like a four-day working week could bring benefits all round.  It could lead to a better work-life balance for employees and make companies more attractive to great staff.

   Considerations for a Four-Day Working Week

   It won’t be suitable for every business.  However, if you want to trial a four-day working week, I would recommend you think carefully first about:

   • Securing employee buy in. Ask for suggestions and input from your team.
   • Be clear about your expectations for the work. What key targets will they still need to meet?
   • Be clear about how you will measure the success (or failure) of the trial. Keep employees appraised throughout.
   • How would you like to arrange the days? For example, would everyone have the same day off or different days?
   • If different days, what can you do to improve communication?
   • What can you do to  improve efficiencies?
   • Do you need to retain some flexibility so that urgent matters can be covered?
   • What about those that already work a shorter working week? If their hours stay the same, their pay will need to be adjusted.
   • Recalculate holiday entitlement.

   As with any significant change, I would suggest you start with a six-month trial. Be clear that if it is not successful, you will revert to current hours.  If the trial is successful, you will need to confirm the changes to their contracts.

   If you would like to find out more, please contact me.

5. The great holiday carry over and how to solve it

   Thursday, 25 August, 2022 4:37 pm Comments Off on The great holiday carry over and how to solve it

   The closer  year end gets, the more I am asked about high levels of outstanding holiday entitlement. This year, I expect the issue to be much worse than usual.  With high levels of unused entitlement carried over from COVID and difficulties recruiting, I can foresee panic stations ahead.

   Please note, for ease, the figures in this blog are based on an employee working 5 days per week.  If your employee works less than 5 days per week, the figures should be calculated pro-rata.

   

   What is the Statutory Holiday Entitlement?

   Employees are entitled to 5.6 weeks’ holiday per year.  This is made up of:

   • four weeks set by the EU
   • an additional 1.6 weeks set by the UK Government.

   For employees working 5 days per week, this equates to 28 days per year (including bank holidays, if applicable).  There is no automatic right to take the 8 bank holidays off.  For many they will be a normal working day.

    

   Can you carry over unused entitlement?

   Employees should be encouraged to take at least 28 days’ holiday per year.  To demonstrate you have done this, send reminders throughout the year.

   The four weeks of EU holiday entitlement must be used in a single leave year.  You can agree to carry over other holiday entitlement if you wish.   However, you have no obligation to do this provided you have given reasonable opportunity for them to take their leave (unless see * below).  If you do allow leave to be carried over, set a limit on the number of days and when they must be used by.   Otherwise, it can get out of hand.

    

   What if someone is on leave?

   When someone is on any form of leave, they continue to accrue holiday entitlement, as if they were at work.  This includes maternity leave, adoption leave and long term sickness.  *If they do not have the opportunity to take the leave in that holiday year because of a long-term absence, it must be carried forward to the next.

    

   COVID and carrying over holiday entitlement

   In 2020, the Government recognised that many people would not be able to take their holiday entitlement due to COVID.  Some employees were on furlough and their employers did not require them to take leave and others were too busy to the take the time off.

   Because of these difficulties, a law was brought in allowing employers to agree to up to 20 days’ holiday entitlement being carried over for the next 2 years.  It has to be stressed, this was the employers’ decision whether to allow this, it was not an entitlement.  It should only have been offered to people who were not able to take their holiday entitlement due to COVID.

   Unfortunately, as we approach the end of that second holiday year, many have still not caught up.

    

   Can I pay employees for unused holiday entitlement?

   You can only pay employees for unused holiday entitlement in the following circumstances:

   • With their agreement, for any extra contractual holiday that you give.
   • When they are leaving your employment.

    

   What can I do now?

   Unless there is something in your contract that says otherwise, you may adopt the attitude of “use it or lose it”. However, this may lead to some very upset staff.  You should therefore consider the following:

   • Are there any opportunities to bring down the amount of outstanding holiday before your year end?  If you want to require someone to take annual leave you can do so, provided you give twice as much notice as the amount of time you require them to take off.
   • Does any of the entitlement relate to additional, contractual days? If so, should you offer to pay this instead?
   • Do you want to allow some to be carried over into the next holiday year. If so, set a limit on both the amount and the time by which to take it.  Be clear, if they have not taken it by then, they will lose it.  Make sure you send further prompts before your deadline to remind them to book the holiday.

   If this is an issue for you, the sooner you start to act, the better.  Please contact me if you would like to discuss this further.

    

6. Making the most of performance reviews

   Friday, 29 July, 2022 4:17 pm Comments Off on Making the most of performance reviews

   Giving feedback is an important part of managing your team.  However, performance reviews shouldn’t be a tick box exercise.   This month’s blog looks at how to have effective reviews.

   

    

   Don’t wait

   Very few people look forward to performance reviews.  Giving constructive feedback is hard.  Employees tend to think they are going to get told off.

   Regular (monthly) one to ones can take the fear away. Employees have a good idea of how they are doing and concerns are addressed before they have the chance to grow.   Targets can be set and achieved, giving a sense of satisfaction for all.

   Preparing for the Review Meeting

   We are all busy in our jobs and it is tempting to defer a performance review meeting. However, what this says is that the manager thinks they have more important things to do with their time.  Never reschedule an appraisal unless you have absolutely no choice and make sure you won’t be interrupted.  Unless it’s a fire drill, it can wait.  Turn off your phone during the meeting so you are not distracted.

   Good preparation is vital.  It shows that you take the meeting seriously and have thought carefully about your feedback and their future progression.  It will also help you to listen properly and focus on the discussion.  You should:

    Be positive about the meeting.
    Make sure your employee knows what to expect and that they should prepare too.
    Clarify goals and obtain the employee’s buy-in.  They should feel motivated to achieve their targets.
    Look back and review achievements since the last appraisal.
    Have specific questions prepared.  Ask what training or development the employee thinks they need.
    Define new targets for the next appraisal period.
    Plan how these targets are to be reached,
    End on a positive note.  Even if performance is poor, be optimistic that goals can be achieved

   Well-being

   The employee may be saving up an issue to discuss at their performance review. Don’t forget to ask how they are, how they are getting on with the team, if there is anything at home which may affect their work performance. Offer support.

   Setting objectives

   Are the employee’s objectives actually measurable?  If not, how will you both know if they have been achieved?

   Be specific with the goals that are set.  If you ask someone to “increase sales”, if they increase sales by £1, that means they have met their target.

   Are the targets you are setting relevant or are you just coming up with something as it’s appraisal time? Are they realistic? What goals will improve the performance of the team? Do the targets tie in with the aims of the business as a whole?

   Make sure that the timescales are achievable. Be realistic about how long a task will take to complete.

   Importantly, check your employee agrees that what is being asked of them is achievable.  If they feel they have been set up to fail, they are never going to have the enthusiasm needed to succeed.

   Feedback

   Regular feedback is key and shouldn’t be reserved for the appraisal meeting. Using specific examples is helpful.  Employees should feel comfortable giving feedback too.   In a healthy working environment, both employees and managers are comfortable to give and receive feedback.

   In order to make the most of an appraisal meeting, both parties need to prepare. The meeting can then spend time focusing on moving forward.

   Follow up and follow through

   One of the most demotivating thing about reviews is taking out the last appraisal, only to find that nothing has changed.  That only leads to the question “what’s the point?” If you say you are going to do something, do it.  Otherwise, how can you hold your employee responsible if they don’t do what they said they would.

    

   If you would like more information, please contact me.

7. What candidates want

   Sunday, 3 July, 2022 9:27 am Comments Off on What candidates want

   It is a candidates’ market and many of my clients are struggling to recruit.  Employers are competing for talent like never before.  The impression you create is more important than ever.  A stable and attractive working environment will also help retain your existing team.

   

    

   Culture and reputation

   Potential employees will look at your reputation.  Diversity, inclusion and stability matter. Think about how you come across at an interview. Are you welcoming, organised, professional and enthusiastic about your business? Do you have a wellbeing programme? Are you demonstrating that you care about your employees? Is your recruitment process straightforward and efficient?   Good candidates may have several offers.  What makes them choose you?

   The importance of a good benefits package

   In challenging financial times, a good benefits package can make all the difference.  Extra holiday is a popular benefit.  How about a day off for their birthday?

   Also think about health cash plans, medical insurance, gym membership, season ticket loans, critical illness cover and private medical insurance.  Could you offer staff discounts? Do you contribute financially to staff social events?

   Additional benefits don’t have to cost a lot but can be very attractive.

   Career Prospects

   Good candidates want to know what they can expect from a career with you.  Explain the opportunities for learning, development and progression during the interview process.

   Regular appraisals and one-to-ones are great. You can use them to find out what your employee’s ambitions are and how you can support them. Are you giving enough feedback? Do you offer mentoring? Does your training strategy need an overhaul? Many workers will jump ship for better growth opportunities elsewhere.

   Attractive salary

   Many job adverts do not include salary information. Employers assume this will widen the pool of applicants.  In fact, it can have the opposite effect.  In a tough recruitment market, the information you provide matters.

   Employees are looking for fair financial compensation for their work.  If your vacancy doesn’t offer that then you are likely to miss out on good candidates.  If your employees don’t receive a fair wage, your turnover is likely to be high.  There are plenty of other opportunities for workers.

   Flexibility

   Many employees are looking an employer that encourages a good work-life balance.  This can mean remote options, such as hybrid working.

   The length and cost of commute is also an important issue for employees. Workers have been used to spending more time with family in recent years.  They have realised what they’ve been missing and are reluctant to give that up.

   Not all jobs lend themselves to homeworking so employers need to be creative when offering flexibility, for example term time working or shift swaps. Some employers currently trialling 4-day weeks.

   Many employees no longer wish to work awkward shifts missing out on family time.  This can partly account for difficulties airlines and airports are having with recruiting staff.  Is there anything you can reasonably do to change unpopular shift patterns?

   The world has shifted following the pandemic and candidate expectations have changed.  It is time to reconsider what you can offer.

   If you would like to discuss this further, please contact me.