Employment Contracts

31 05 2023

Amazon to offer parents term-time-only working

Matthew Chilcott Blog, Employment Contracts, General, Payrol #outsourcedhumanresources, #outsourcing, #termtime, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

Parents and grandparents who work in Amazon warehouses will be able to choose to work in term-time only. Amazon said the new contract will mean people with children to look after can take six weeks of holiday in summer and two weeks at Easter and at Christmas. Amazon’s regional operations director, Neil Travis, said he hopes the flexible working will encourage more people back into the workplace. “We spent a lot of time listening to our employees and one of the things that we were learning is that they really wanted more flexible opportunities,” Mr Travis said. He added that the contract still entitles people to full-time benefits. Amazon is offering the new contract just as it is trying to fight a bid by the GMB to be the first trade union in Europe to be recognised by the company. The union commented that, while flexible working is welcome, most workers want better wages. “What they’re telling us is they can’t live on poverty pay,” a union spokesperson said. Claire McCartney at the Chartered Institute of Personnel and Development notes that only 4% of workers have term-time working, commenting: “With the cost and availability of childcare causing huge challenges for working parents, term-time working is likely to have a positive impact on attraction and retention at a time when organisations are struggling with skills shortages.”

BBC News

Our Comment: – Amazon to offer parents term-time-only working

Matthew Pinto-Chilcott – FCIPD, ACEL, Owner of Consensus HR comments: “This is a very interesting article from the BBC and especially with the continual news that parents are finding it hard to get childcare and the Government today announcing changes to help parents get back into work. Flexible working is currently a right to all workers who have 26 weeks service and have only made one request in the past year. Legislation is changing though with it currently going through the House of Commons with the proposal that employees can make two requests per year. The difference in this instance though is different as Amazon are given people with children to look after can take six weeks of holiday in summer and two weeks at Easter and at Christmas which should make a vast difference as commented by our Chartered Institute of Personnel & Development and Claire McCarney”

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24 05 2023

Long-term risk to London’s economy from reduced office interactions

Matthew Chilcott Blog, Employment Contracts, Employment Law, General #returntooffice, #returntowork, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

A poll of office workers in London by the thinktank Centre for Cities found they are spending on average 2.3 days a week in the workplace, or 59% of the time they would have been in the office prior to the pandemic. The thinktank’s report, entitled Office Politics: London and the Rise of Home Working, warns that, despite the upfront benefits for staff in terms of better work-life balance and less commuting, there may be longer-term costs for the capital in terms of lost productivity. “Policymakers should be wary that we don’t passively let a public health emergency turn into a longer-term negative impact on the economy,” said Andrew Carter, chief executive of Centre for Cities. The report referred to more than a century’s worth of academic research about the economic benefits of face-to-face collaboration, or so-called “agglomeration” effects, observing that these “would suggest that there will be a long-term productivity hit” from reduced office activity. “The big risk here is that hybrid working sees a further deterioration in productivity growth off the back of a poor performance over the previous decade-and-a-half, at a time when the London economy needs to move in the opposite direction,” the report said.

Centre for Cities

Financial Times

The Guardian

Our comment: Long-term risk to London’s economy from reduced office interactions

Matthew Pinto-Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is a very interesting report and is the start of I am sure many since the Pandemic and the changes in peoples working preferences. This report shows that London’s economy could suffer and employee’s productivity due to lack of face-to-face collaboration. As previously discussed and shown in one of our previous blogs we have seen many of our clients offering a bit of both with three days in the office and two working from home and can see the difference travelling to the office on the A1 on a Monday and Friday when the roads are rather clearer. Businesses need to ensure that they consult with their workforce but make it clear the reasons why a return to the office is unquestionable if this is the case for the success of the business and their career and we wait to see what economical effect if any it has going forward.”

Here is a previous blog on the subject:

Office working should be ‘default’, Chancellor says

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18 05 2023

Office working should be ‘default’, Chancellor says

Matthew Chilcott Absence Management, Blog, Employment Contracts, Employment Law, General, Health & Safety #default, #hybridworking, #office, #officeworking, #outsourcedhumanresources, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

The Chancellor has said the “default” location for workers should be in the office, unless there is a good reason to work remotely or in a hybrid pattern. Jeremy Hunt said that while working remotely – which has become increasingly common since the pandemic – has produced “exciting opportunities,” he is worried about a “loss of creativity” when it is permanent. A recent Deloitte survey found that 77% of Gen Z and 71% of millennials would consider looking for a new job if their employer asked them to go to their workplace full-time. Kate Sweeney, partner and human capital lead at Deloitte, said younger workers “expect to be able to flex their work to accommodate their personal life.” She added: “Employers who recognise this desire for choice and support this are more likely to attract, retain and motivate the best talent from these two generations.” Ben Willmott, head of public policy at the Chartered Institute of Personnel and Development, said: “Office environments provide valuable opportunities for collaboration, learning and social interaction, but the pandemic has also demonstrated the value of remote working in fostering employee well-being, and work-life balance, without compromising on productivity.”

BBC News

The Times

Our Comment: Office working should be ‘default’, Chancellor says

Matthew Pinto-Chilcott. FCIPOD, ACEL, Owner of Consensus HR comments: “Following many of our blogs written on this subject and shown below, we can now see within this article on the BBC and The Times that Jeremy Hunt has now made his opinion on the subject of not returning to the office with our Chartered Institute also having a say. We have had to help some of our clients get their teams back to the office but some have also expressed that it does actually work for their business not working from the office full time but on a flexible basis with some set compulsory days such as Tuesday, Wednesday. Business Owners need to ensure that they fully investigate whether this does work for their team and the business and through consultation with the team, take the necessary action as after all, without business there is no job but by not discussing it with the team, it can result in extreme adverse effects for the business such as bad moral, production, retention to name a few.”

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02 05 2023

Bumper Bank Holidays in May

Matthew Chilcott Blog, Employment Contracts, Employment Law, General #bankholidays, #kingscoronation, #outsourcing, Business, Business Owners, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

Bumper Bank Holidays in May

This May, as we celebrate the King’s coronation, we have not two but three bank holidays! Many of us are looking forward to an additional day off work. However, this isn’t straightforward for everyone as bank or public holidays do not have to be given as paid leave.

“Many people are surprised to learn that employees are not automatically entitled to have time off on bank holidays,” says Matthew Pinto-Chilcot of Consensus HR. “This is a good example of how essential it is to have a thorough employment contract, as it clearly states the employee’s leave entitlement removing potential confusion.”

What does your employment contract say?

Your contract may stipulate that your employees are entitled to a set number of days off plus bank holidays. If it doesn’t mention the number of bank holidays involved (usually eight) or any additional ones, employees are entitled to an extra day’s paid leave. To summarise, if your contract is silent about additional bank holidays, your team is entitled to the extra Monday off, with payment.

Who is NOT entitled to an extra day of paid leave

If your employment contract does not mention bank holidays at all, your employees are not entitled to take the day off with payment.

Similarly, if the employment contract states that employees are entitled to a set number of days off inclusive of bank holidays, employees are not entitled to the extra Monday off.

Employer fairness and goodwill

There are extra situations that employees must consider as the extra bank holiday approaches.

Firstly, should employees who have already booked 8 May as annual leave be able to reclaim a day’s holiday? This is down to your discretion as an employer, however if other staff are having the day off as paid leave it seems fair to ‘return’ a day’s holiday to the employees involved.

Also, employers should bear in mind that schools are closed on 8 May. If staff are not entitled to a day’s paid leave on the extra bank holiday, extra requests for time off for childcare are likely to be received.

Travel may be disrupted affecting timings and availability. Certain sectors, such as hospitality, may need additional staff on the extra bank holiday to cope with anticipated demand.

Similar circumstances arose in 2022 which involved two additional bank holidays (one for Queen Elizabeth II’s Platinum Jubilee and another for her funeral). As an employer, how did you handle these extra days regarding leave and payment for your team? It’s important to be consistent and fair.

Would you like clarity about your responsibility regarding holiday rights and pay?

Talk to the friendly experts at Consensus HR. Employment law is one of our specialist areas. We’ll cut through the legislation and jargon to offer straightforward, fair advice.

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If you are confused about bank holidays and what your team are entitled too, give us a call nnow.

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20 04 2023

The Impact of Party Animal Posts

Matthew Chilcott Blog, Employment Contracts, General, Recruitment #outsourcedhumanresources, #outsourcing, #socialmedia, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Recruitment, Small Business, SME, SME's

71% of hiring decision makers use social media to screen applicants. 54% of companies have eliminated a candidate based on their social media feed alone.

These research findings demonstrate the enormous impact of social media on the recruitment process. The Harris Poll also found that 24% of hiring decision makers are not likely to hire someone without an online presence.

LinkedIn is the platform most employers use to check candidates’ online presence; a LinkedIn profile is often seen as a second CV. However, all social media is usually researched and accounts are often easily visible unless settings are proactively changed to ‘private’.

One employer told The Harris Poll: “I do believe social media is a good screening tool to see how the candidate communicates with others in an informal setting and also as a way to screen for potential red flags.”

Another participant advised: “Work to keep your social media accounts current, especially LinkedIn, to reflect your current work experience and accomplishments. They should be free of profanity and inappropriate photos. Remove any posts that may contain personal attacks. It’s ok to share your views but keep them professional and appropriate.”

Matthew Pinto-Chilcott of Consensus HR says: “The job market is so competitive these days. Employers are being very specific on what they want in relation to qualifications and competences and are only taking on the best applicants. That means your social media presence whether it be Facebook, LinkedIn, Twitter, Instagram etc. must be absolutely spotless. The Facebook trawl is becoming standard practice in recruiting and something we use as part of the recruitment process.”

A Positive Impact

Social media profiles can have a favourable impact too. A research participant said: “One candidate’s application wasn’t so great, but her Facebook backed up all the voluntary work she claimed she did. We took her on, and she’s been one of our finest investments.”

Should Social Media Posts Matter?

“A candidate’s qualifications and experience should be an employer’s main focus,” explains Matthew. “However, character and how people portray themselves online are very important too.”

Social media posts can have a negative impact if they involve:

Inappropriate remarks and photos
Grammar and spelling mistakes
Complaining about previous employers
Bullying others online
Inconsistent history of jobs and experience

To summarise, whilst social media content may not be the deciding factor within the recruitment process it is hugely influential.

To discuss how social media can help your recruitment process, contact the Consensus HR team for an initial discussion.

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17 04 2023

Keeping Hold of a Personnel File and employee documents

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Handbook, Health & Safety, Investigations, Payrol #employeerecords, #outsourcedhumanresources, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

One of the main questions we get asked at Consensus HR is in relation to Keeping Hold of a Personnel File and employee documents. Queries involve what data should be kept and how long for, referring to employees and ex-employees.

The answer? In reality, this is such a diverse area that adapts to the area of HR you are enquiring about. Requirements differ between recruiting new employees, disciplinary & grievance records or performance reviews to name a few.

The Employment Practices Data Protection Code, published by the Information Commissioner’s Office, provides guidance on compliance with the Data Protection Act 2018. Originally produced in 2011, the ICO states that the code remains useful and relevant. It says that employers should “Only retain information on records that is still needed,” and should “eliminate personal information that is no longer of any relevance, once the employment relationship has ended.”

HR Record Retention: The Reality

The key factor is that detailed records should be kept only as long as is necessary for the purpose for which they were created. The Chartered Institute of Personnel offers a comprehensive summary of requirements and further information, (see ‘Retention of HR Records’).

Employers should establish and adhere to standard retention times for different categories of records. Organisations can therefore set their own retention periods. Retention times should be based on business need, considering relevant professional guidelines. For example:

National Minimum Wage records must be kept for three years after the pay reference period that follows the pay period that they cover.
Payroll wage/salary records (also overtime, bonuses, expenses) should be kept for six years from the end of the tax year to which they relate.
Grievance records should be kept for six months after employment.

A brief record of the grievance may be retained after detailed records are removed from an individual’s personal file. This includes information such as:

Nature
Relevant dates
Investigation
Type of resolution that was reached

Where possible all information about former workers should be kept anonymously. You may need to keep data after the termination of employment for the purposes of defending possible tribunal and court claims. In these circumstances, the time limits for bringing claims will inform the retention period. This timeframe is currently three months minus one day from the date the problem at work happened.

Employers should ensure that information is not retained for longer than is necessary without justification. Plus, when information is destroyed, this must be done securely

Information within HR Records

The Consensus HR team advises our clients to keep a personnel record for every employee containing the following details:

Name
Address
Date of birth
Sex
Education and qualifications
Work experience
National Insurance number
Tax code
Details of any known disability
Emergency contact details
Employment history with the organisation
Employment terms and conditions (e.g. pay, hours of work, holidays, benefits, absence)
Any accidents connected with work
Any training taken
Any Disciplinary / Grievance action

Would you like to ensure you are keeping the right details of your employees?

Are you confident you are complying with the legal retention requirement?

Contact the friendly experts at Consensus HR. Employment law is one of our specialist areas. Contact us for an initial discussion without obligation.

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YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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12 04 2023

UK employers lure Gen Z workers

Matthew Chilcott Blog, Employment Contracts, Employment Law, General #Finishearlyfriday, #outsourcedhumanresources, #Terms&Conditions, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, SME, SME's

Bloomberg reports that a post-pandemic labour crisis and demands from young employees for a better work-life balance are forcing UK employers to improvise by offering “early finish Fridays” in a bid to fill vacant roles. There has been a sharp increase in postings offering shorter days on Friday, according to online jobs portal Adzuna. A total of 1,426 job ads on the site cited “early finish Friday” this March, compared to 583 in the same month five years earlier. Andrew Hunter, co-founder of Adzuna, said employees are “demanding more” from employers after the pandemic. “For jobseekers, a company offering early-finish Fridays signals that they are flexible in their attitude to working hours and care about their employees’ wellbeing — two factors of utmost importance in today’s jobs market,” Hunter said.

Bloomberg

My Comment:

Matthew Pinto-Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “Back in February 2023, we wrote a blog titled: “Gen Z workers may be feeling the strain more than anyone “ where we discussed that Gen Z claimed they were the most stressed generation in the workplace together with a blog on the 23^rd February titled “Young people seek to make friends” where it was reported that social circles had shrunk since the Pandemic and that new employees were finding it hard to enter the workplace. This article from Bloomberg has shown a vast increase in employers offering “early finish Friday” to fill vacancies due to the current post pandemic labour shortage. This is interesting and may be an answer to some businesses who can offer this, but what is the final answer as since the Pandemic many employees wish to work Hybrid and not go into the office all week full time and others wish to return to the office. Business needs to ensure it is managed correctly so that the motivation of the team is maintained, and the business does not suffer due to bad moral, sales and team turnover and a best practice, reasonable and legal solution is found.”

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Why Your Business Needs Employment Contracts

11 04 2023

Why Your Business Needs Employment Contracts

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Handbook #Employment Contract, #employmentlaw, #outsourcedhumanresources, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

Can your business spare £25,000?

This is the amount it could cost for not providing an Employment Contract to an employee.

Are you at risk of a hefty penalty?

The Consensus HR team often provides HR Health Checks and employment law advice regarding our clients’ HR provision. One of the most common questions raised by employers is: “why do we need Employee Contracts?”.

Business owners/managers also query the benefits to the business. This is usually due to concern about investing time and funds to create Employee Contracts.

Why a business should provide Employment Contracts

An Employment Contract ensures that everyone is fully aware of:

the main terms within the business, and
the main terms of their employment.

It includes details such as:

Name of employer and employee
Pay and whether it’s weekly, monthly pay etc.
Job description/job title
Pensions and pension schemes
Date employment and continuous employment started
Working hours
Details of any collective agreements that directly affect the employee’s conditions of employment.
Disciplinary and grievance procedures following the Acas Code of Practice.
Job location
Holiday entitlement
Sick leave and pay entitlements
Appeals procedure under the Discipline & Grievance.

The risks of not providing Employment Contracts

It is a legal requirement for businesses to provide employees with a written statement of the terms and conditions of their employment (their Employment Contract), from their first day of employment. If this is not in place, you could be taken to an employment tribunal and fined between two and four weeks’ pay.

More importantly, written terms of employment offer some protection (for you and your employees) should there be disagreement about what was agreed. “These disagreements could result in a breach of contract claim, with a potential penalty of up to £25,000 at an employment tribunal or up to £50,000 at the High Court,” explains Matthew Pinto-Chilcott of Consensus HR. “It’s definitely not worth taking any risks.”

He adds: “When we write an Employment Contract, we ensure all required details are included. We look beyond the essential items to check what other terms may be relevant and helpful to your business. Items such as ‘Deductions from wages’ an area that is often overlooked, for example. This is needed when an employee leaves the business, is working within a probation period or has compassionate leave, to name a few scenarios.”

Are you worried about your current Employment Contract?

Would you like reassurance that your business is fully compliant and working to best practice?

Contact us now

If you want to always keep up with employment law and wish to know more please get in contact now.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

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