The HSE (Health & Safety Executive) have produced some improved guidance on managing Health & Safety and controlling risk with some excellent example risk assessment templates for businesses such as:
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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.”
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:
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:
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
The Consensus HR team advises our clients to keep a personnel record for every employee containing the following details:
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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Downing Street has opted not to back legislation that would allow staff to sue their employers if they were offended by a rude customer. While employers are not liable for ‘third-party’ incidents, the Bill would make them responsible for staff being harassed by customers or the public. Senior MPs have raised concerns over the Liberal Democrat-sponsored Bill which has already cleared the House of Commons. MPs have argued that the Worker Protection Bill could be abused by business owners seeking to damage rivals. A government spokesman said: “We are aware of concerns raised by some parliamentarians about the balance the Bill strikes between protecting free speech and tackling harassment.”
The Mail
The Human Times
Matthew Pinto-Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “Back on the 23rd March 2023 we wrote a blog in conjunction with the HSE titled: ‘Protect your workers from violence and aggression about workers having to experience physical and mental abuse in the workplace from a third party and how business owners under the Health and Safety at Work Act have a legal duty to ensure, so far as reasonably practicable, the health, safety, and welfare of workers. This includes protecting them from work-related violence.
Every business must have a policy for managing health and safety. It is therefore vital that business owners and managers understand that although this legislation has been dropped, there is current legislation in place that covers your team and if you are not aware of this or how to implement / manage it that you contact a HR / Health & Safety professional.”
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Business Owners and Managers should ensure that they take the appropriate action should they have reason to believe a member of their team is experiencing stress such as:
These are just a few of the actions business owners, managers and the team should take.
Stress is a big issue for Britain today. In the UK’s largest ever stress survey, 74% of people said stress has made them feel overwhelmed and unable to cope. But there are lots of little ways you can help manage stress every day. Andy and Dave from Mental Health UK share some of the ways they handle stress at work, and some small changes which can really make all the difference. Explore our myth busters for common misconceptions about stress.
Did you know that a year’s worth of lunch breaks equates to almost 6 extra weeks of annual leave? This is what Laura discovered when she decided to reclaim her lunch breaks for herself. The results were increased energy, happiness, and greater job satisfaction. Laura will help you identify the signs of “burnout” before they happen, and provide some practical tips for achieving a work/life balance, starting with walking away from your desk!
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Equality should be taken seriously in all workplaces. The Equality Act 2010 legally protects people from any kind of discrimination in the workplace and wider society. Following its introduction, a range of Employment Tribunal (ET) cases have taken place. Employers must be aware of the financial penalties and damage to corporate reputation that may result from non-compliance. However – some employers are not doing all they can to accommodate disabled job applicants.
Disability is associated with higher levels of inequality across the labour force and social and political environments. In the UK, 20% of adults report having a disability (70% of these are estimated to be non-visible. (London School of Economics)
UK companies are still struggling to increase disability representation. The McKenzie-Delis Review 2022 found that although one in three firms were actively looking to promote or hire staff with disabilities, many were still struggling to increase the representation of those living with disabilities.
It also found that businesses had a “lack of understanding and appreciation of the unique skillset and experiences people with disabilities bring to the organisation”.
Consensus HR encourages clients to have a policy in place that covers all areas including:
This will ensure that disability discrimination does not occur in their workplace. But – the behaviours and culture of an organisation must demonstrate what the policy states. If the policy is not used correctly, it will end up being just a typed document with no benefit. In fact, it could lead to discrimination taking place and an uncapped award being made against the company in an Employment Tribunal.
It is essential to get both the policy and practice right to optimise the performance of employees and to minimise the risk of discriminatory behavior – and possible Employment Tribunal action.
How robust is your policy? Talk to Matthew at Consensus HR and find out!
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Research by a top HR magazine suggests that some private-sector employers could be at risk of discriminating against disabled job applicants by failing to ask about reasonable adjustments.
The Equality Act 2010 says changes or adjustments should be made to ensure disabled people can access:
When recruiting, it is vital that at all stages of the recruitment process, an employer must ensure that their practices and policies do not discriminate against disabled applicants. Also, they must consider any reasonable adjustments to procedures, physical features and aids or services that may be required, such as:
These are just a few of the reasonable adjustments that can be made.
Not making reasonable adjustments becomes unlawful discrimination according to the Equality Act 2010. Necessary changes can be requested. If the person or organisation refuses, you can make a discrimination claim under the Act.
Under the Equality Act 2010, employers must not ask applicants questions about health or disability before making a job offer, except for certain permitted reasons, (details available upon request).
The Act does allow questions to be asked for the purpose of establishing whether or not any reasonable adjustments should be made during the recruitment process. When inviting an applicant for an interview they should be asked, (either by telephone or in writing), if any reasonable adjustments are needed for them to attend.
Matthew from Consensus HR explains: “Able-bodied people can sometimes forget that what they do on a day-to-day basis may vary differently or simply not possible for somebody with a disability. Examples include walking up and down stairs, standing for long times or how frequently they need to visit the toilet.”
Employers must not make assumptions that there is no need for any reasonable adjustments to be made. It is up to the employer to find out from the applicant during the recruitment process so that they can offer reasonable adjustments if needed. Some applicants prefer not to disclose a disability. In these cases, the employer cannot be expected to make adjustments until it becomes apparent in the workplace or the applicant decides to inform the company.
A survey from Personnel Today shows that two in five disabled workers are not receiving the reasonable adjustments they need from their employer. Research also shows that public sector employers are significantly more likely to ask applicants about required adjustments at the start of the job application process compared to their private sector counterparts. This is achieved via job advertisements, application forms and/or application information supplied to candidates.
Employers should always aim to build a trusting relationship with their teams and demonstrate that regardless of a person’s sex, age, colour, disability (to name a few) all individuals are valued. By building this trust and confidence, the employee will feel able to discuss these core areas should the need occur.
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Our ‘basics for your business’ webpages offer health and safety advice, whatever industry you work in.Our basic step-by-step guide on first aid at work explains how you can have the right arrangements, including:
Other ‘basics for your business’ topics include reporting accidents and illness and ensuring you have the right workplace facilities. Provided by the Health & Safety Executive (HSE). |
Is your holiday year ending soon? In this guide, we we’ll run through the steps you need to take to successfully finish your holiday year in Breathe.
What you need to do depends on whether you allow carryover (unused leave to be carried forward into your new holiday year) or not.
Click here to read full article.
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HSE has launched a new campaign to remind people working in construction trades to manage the risks associated with asbestos.Despite it being banned in the building industry since 1999, figures show that 5,000 people a year still die from asbestos-related diseases. It didn’t disappear when it was banned in the UK and we know that asbestos remains in millions of homes and buildings. Those carrying out repairs or refurbishment work are at a higher risk of disturbing asbestos, especially when working in houses. Builders, carpenters, electricians, joiners, plasterers, plumbers and roofers are just some of the trades being urged to take the risks of asbestos seriously. The campaign particularly wants to reach those who started their careers from the year 2000, after the use of asbestos was banned, so they know the risk still remains. Visit the Asbestos and You website for more information about the campaign and how you can support it. You can also:
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Violence and aggression at work can have a serious impact on your workers physical and mental health.
The guidance will help you assess the risks, put the right controls in place to protect workers and report incidents and learn from them. We have specific guidance on how to support your workers after a violent incident. There are also examples drawn from typical situations. We have separate advice for workers, which explains how they can help employers prevent violent incidents at work. |
Matthew Pinto-Chilcott, Owner of Consensus HR comments: “Violence and aggression in the workplace and world in general seems to be on the increase with the Health & Safety Executive (HSE) saying that in 2019-2020 there were 688,000 reported incidents of violence at work. As part of our Employee Handbook and the HR Policies and Procedures we ensure a detailed section if written that provides clear and practical guidelines to businesses and their team on how to manage correctly, to best practice and the law. Nobody comes to work to experience bullying, violence or aggression and should this occur companies and their teams should ensure that s comprehensive process of action and recording is put in place for all member of the team. The HSE gives some excellent examples of this in the information shown in the HSE article above.”
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Matthew Pinto-Chilcott, Owner of Consensus HR comments: “When I seen this article today in The Times, I was not surprised to see their statistics in relation to long-term sick leave of members of the team due to mental health. At Consensus HR over the past three years since the Pandemic we have seen a vast increase in us having to ask for medical reports from GP’s and Consultants for members of our client’s teams as previously discussed in some of our blogs. Managing sickness within business has never been more of an issue and it is important that businesses do this correctly and have the right systems in place to support the team member, team and business or it can have severe repercussions.
We help business to manage this and be proactive rather than reactive whilst preventing people problems and ensure all areas of the Employee life cycle are covered from Recruitment, Employee Relations, Training & Development, Rewards and benefits. We take the pain away!”
A poll by PwC for the Times Health Commission suggests that mental illness is the main cause of long-term sickness in the UK workforce. The survey saw two-fifths of employers say they have seen an increase in employees taking long-term sick leave because of mental ill health. More than half of the 150 employers polled said the mental health of staff had worsened since the pandemic, while 53% said the cost-of-living crisis had damaged the wellbeing of their employees. Almost two-thirds (64%) of firms said there has been an increase in the number of staff asking for counselling. More than 40% of employers have seen an increase in changes to working patterns due to ill health since the pandemic and almost half have had an increase in employees requesting flexible working patterns. Anthony Bruce, chairman of health industries at PwC, said: “Helping employees to stay productive in work not only benefits organisations, it promotes the employee’s mental wellbeing and financial security at a time when stress and economic hardship are a worry for many.”
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Neurodiversity Celebration Week is a worldwide initiative that challenges stereotypes and misconceptions about neurological differences. It aims to transform how neurodivergent individuals are perceived and supported by providing schools, universities, and organisations with the opportunity to recognise the many talents and advantages of being neurodivergent, while creating more inclusive and equitable cultures that celebrate differences and empower every individual.
Neurodiversity Celebration Week, which runs from 13 – 19 March 2023, is a worldwide initiative that challenges stereotypes and misconceptions about neurological differences. It aims to transform perceptions of neurodivergent individuals, encouraging organisations to recognise the talents and advantages of being neurodivergent, while creating more inclusive and equitable workplace cultures that celebrate differences and empower individuals.
‘Neurodiversity’, ‘neurodivergent’ and ‘neurodivergence’ are words which relate to the concept that certain individuals’ brains work and interpret information in a different way to those who are deemed ‘neurotypical’ (ie those who interpret information in the way that is expected). Neurodivergence is commonly recognised where individuals have been diagnosed with neurological conditions such as: autism, dyslexia, dyspraxia, Attention Deficit Hyperactivity Disorder (ADHD) and others.
Employers who fully understand and value the talents of neurodiverse minds in their organisation will reap the benefits. Neurodivergent employees can bring significant strengths, such as having higher levels of attention to detail and innovation, creative thinking and problem-solving skills. Embracing neurodiversity in the workplace can give employers a competitive edge, widening the talent pool and bringing new ideas and perspectives.
However, research from the City & Guilds Foundation and Do-IT has revealed that employers need to do more to support neurodiverse employees, with 32% saying they have not been able to disclose their condition in the workplace, and 40% feeling they are impacted most days by it. 10% of respondents with a neurodiverse condition said they had been met with a poor response if they have disclosed. In addition, just under half of respondents reported family dependents who are neurodiverse and 3 in 10 parents of neurodivergent children said this had an impact on their work.
As well as capturing an understanding from employees, the research found that less than a quarter of HR professionals have had specific training to support neurodiverse employees and only 29% of senior leaders have had neurodiversity training, although 49% of organisations surveyed have neurodiversity champions or mentors.
Professor Amanda Kirby, CEO of Do-IT Solutions, said “the challenge remains in society that there is still a low level of appreciation of differences and the talents and skills we can gain if we ensure a more inclusive approach to both education and employment.”
The research highlights the need for employers to pro-actively review their recruitment and employment practices to raise awareness and educate staff about neurodiversity in the workplace and ensure that tailored support is available for neurodiverse employees and those with neurodiverse dependents.
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Matthew, Pinto-Chilcott, Owner of Consensus HR comments: “Hunt to ‘nudge’ the long-term sick back to work – This is a great idea as long as it is managed correctly, and businesses given the right tools and support to implement. At Consensus HR we work with our clients to manage their team’s sickness correctly and to the law and best practice and by ensuring the teams welfare is at the forefront of the business. This can be achieved through, good, user friendly Policies & Procedures and ensuring sickness is managed appropriately and the correct action taken should it be needed such as writing to their GP or Consultant and gaining their professional advice on any reasonable adjustments that the business can make. We also ensure that the management of the individual is managed and if needed a plan put into place to help the member of the team with any personal conditions they may be currently experiencing. This can take time and is definitely not easy but the benefits to the organisation and the member of the team out way this.”
Chancellor Jeremy Hunt is set to reveal the findings of a major workforce review designed to ease the UK labour market by “nudging” hundreds of thousands of people back into work. The review will include the introduction of new ‘conditionality’ requirements for an estimated 2.5m people classed as long-term sick. Those with long-term conditions such as mental health issues and stress will be offered extra support to help them to get back to work but in return, they will be required to look for a job if they want to continue claiming benefits. Mr Hunt is also expected to announce funding for older workers to get annual health checks. It is hoped that this will help identify problems earlier and reduce the number of people leaving the workforce because of ill health.
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