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7 HR – Back to basics – 1 – Recruitment

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7 HR – Back to basics – 1 – Recruitment

1. Recruitment and Selection:   

When making the decision to recruit, business owners need to ensure that a set company Policy and Procedure is in place that ensures you work to best practice, the law and maintain consistency throughout, when recruiting members of the team. This is step 1 of the 7 HR – Back to basics.

Companies need to be able to demonstrate why somebody got the job rather than another candidate. 

  • Was it their qualifications?
  • Was it their experience?
  • Their Competence when answering questions?
  • Why?

Failure could result in somebody claiming they were discriminated against for one of the protected Characteristics under the Equality Act 2010 such as age, sex and disability.

Further information on what is included within Recruitment and the packages that we offer can be found by clicking below: 

Our company mission statement is “Helping companies take the pain out of managing people, whilst preventing people problems” but what does this actually mean?

Continually, throughout industry and with the current climate, high inflation and the end of Pandemic support measures, such as Furlough. What ‘Back to Basics’ are we are hearing about when out talking to clients and businesses in general?  What can you do or put in place to ensure you are proactive, working to best practice and an employer of choice?

Getting your companies ‘Seven HR – Back to basics’ and ‘Foundations (previous blog)’ in place is vital for the success of your business and helping you to prevent people problems.  Whilst creating a company where people wish to work, which leads to an increase in the bottom line and productivity.  Where there are no concerns for demotivating the team or threats of Employment Tribunal (ET) claims, plus bad working atmosphere.

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7 HR – Back to basics – 1 – Recruitment

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Seven HR - Back to basics

Seven HR – Back to basics

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performance

Our company mission statement is “Helping companies take the pain out of managing people, whilst preventing people problems” but what does this actually mean? We can help you and your Company put in place the ‘Seven HR – Back to basics’.

Continually, throughout industry and with the current climate, high inflation and the end of Pandemic support measures, such as Furlough. What the ‘Back to Basics’ are we are hearing about when out talking to clients and businesses in general?  What can you do or put in place to ensure you are proactive, working to best practice and an employer of choice?

Getting your companies Seven HR – Back to basics and ‘Foundations (previous blog)’ in place is vital for the success of your business and helping you to prevent people problems.  Whilst creating a company where people wish to work, which leads to an increase in the bottom line and productivity.  Where there are no concerns for demotivating the team or threats of Employment Tribunal (ET) claims, plus bad working atmosphere.

Seven HR – Back to basics for business owners / managers:

1. Recruitment and Selection:   

When making the decision to recruit, business owners need to ensure that a set company Policy and Procedure is in place that ensures you work to best practice, the law and maintain consistency throughout, when recruiting members of the team.

As part of the Seven HR – Back to basics; Companies need to be able to demonstrate why somebody got the job rather than another candidate. 

  • Was it their qualifications?
  • Was it their experience?
  • Their Competence when answering questions?
  • Why?

Failure could result in somebody claiming they were discriminated against for one of the protected Characteristics under the Equality Act 2010 such as age, sex and disability.

Further information on how we can help and what is included, can be found here. Plus, details on what is included overall in ensuring you recruit successfully can be found here.

Employment Checks
Employment Contract

2. Employment Contract: 

Since the change in the law in April 2020, employees are entitled to an Employment Contract from day one of employment when previously it was within 3 months.  We are still finding that many companies do not provide this on day one of employment, but this should be produced when the decision to employ the person has been made and signed, dated and sent to them for their viewing, with the agreement signed and dated.

It is important that your employee contract includes specific legal clauses and others which need to be adapted to suit your business and service/product you offer, such as the clause  for deduction of wages.  Unauthorised deduction from an employee’s wages can result in an employee, current or past making a claim to an Employment Tribunal regardless of length of service.  Although this should make no difference, as companies need to work to best practice and the law or face the possible consequences that could occur, such as an award of £2,100.

We work with clients to draft a company specific Contract of Employment such as full-time, part-time, self employed, home working etc and by getting to know their business ensure clauses are adapted to ensure maximum usefulness for the employee and business.

As previously mentioned, failure to provide an Employment Contract from day one can result in a claim to an Employment Tribunal, claims for an authorised deduction of wages due to money being subtracted from an employees pay, and the company not contractually permitted to do so, even after consultation with the member of the team.

Areas which should be covered in an Employment Contract can be found by clicking here. 

3. Employment checks: References and Right To Work in the UK

All employers within the UK have a responsibility to prevent illegal working. Since Brexit, there are additional needs for employers to check the legality of employees right to work in the UK and the correct checks must be made.  We advise every client, to obtain copies of employees Passports and/or Visa’s and keep this securely on an IT system with the employees’ consent.

The Government now has a system that allows employers to check somebody’s legality to work in the UK and can be obtained by a job applicant giving you their ‘Share Code’. By visiting  https://www.gov.uk/check-job-applicant-right-to-work and checking that the documents they have provided allows them to work in the UK.

Failure to ensure this is completed correctly can result in an employer being sent to jail for 5 years and pay an unlimited fine, if their found guilty of employing someone who they knew or had ‘reasonable cause to believe’ did not have the right to work in the UK.

This includes, for example, if you had any reason to believe that:

  • they did not have leave (permission) to enter or remain in the UK
  • their leave had expired
  • they were not allowed to do certain types of work
  • their papers were incorrect or false

Check your employees eligibility to work correctly:

You can also be penalised if you employ someone who does not have the right to work and you did not do the correct checks, or you did not do them properly.

If this happens, you might get a ‘referral notice’ to let you know your case is being considered and that you might have to pay a civil penalty (fine) of up to £20,000 for each illegal worker.

You’ll be sent a ‘civil penalty notice’ if you’re found liable and you’ll have 28 days to respond.

The notice will tell you how to pay, what to do next, and how to object to the decision.

Your business’s details may be published by Immigration Enforcement as a warning to other businesses not to employ illegal workers.

Read more about illegal working penalties.

eligibility
Back to basics
Back to basics

4. Not following procedures and the law: 

HR is covered under Civil Law and the ‘Balance of Probabilities’ and not Criminal Law and ‘Beyond Reasonable Doubt’.   There are set procedures to follow which are outlined in the Acas Code of Practice which gives clear instructions on how to deal with employee issues within a business.

Failure to follow the Acas Code of Practice can result in claims for unfair dismissal, unauthorised deduction of wages as well as many other areas such as Age Discrimination, Sex, Gender, Race and all other protected Characteristics under the Equality Act 2010 where awards to an employee can be unlimited in certain circumstances.

Employers have to be able to demonstrate that they acted reasonably in dealing with an issue and followed the correct procedure of investigating the incident, holding the appropriate meeting and an offer to appeal should a penalty be place on an employee.  It is up to the manager who is Chairing the meeting and making the decision to be able justify why the action they took is reasonable and what a reasonable employer would do and not HR.  Questions to consider include:

  • What Policies and Procedures are in place?
  • Was the member of the team adequately informed and giving the appropriate development?
  • Are the right tools provided?

5. Failure to take an employee’s concerns/moans seriously:

As managers of a team, we all know that team members can raise a number of concerns that affect them and their motivation to do their job, which can result in certain people occasionally being ignored or seen as moaners.

However, managers need to ensure that they take the necessary action, as needed, as failure could result in the employee raising a grievance.

Grievances should initially be dealt with informally, if possible, but should this not resolve the matter, then the Acas/Company Grievance procedure should be followed as soon as possible.  Managers should never just ignore it, as a mole hill could turn into a mountain and result in awards being adjusted by up to 25% by an Employment Tribunal (ET).

Employment Contract
Back to basics

6. Not managing Performance of a team member: 

Business owners and managers need to ensure that they have an adequate Performance Management Process in place to make sure that each employee is clear about what is expected from them in their job​, whilst also understanding what they are doing well, to identify what the manager can do to support and coach the employee to work differently or better.  Working towards the same company SMART goals ensures success for the business, as well as individuals working within it.

Each person should prepare for their Performance Management Meeting by reviewing their job description and any set objectives. These ​may be what were agreed during or since the last review meeting and completing a preparation form. Any discussions and comments for the previous year should be written down and discussed; with objectives agreed for the coming six months​, using the job description relevant to ​the role and the company.

All members of the team should be working towards the same company goals whilst also having personal SMART goals to ensure success for the business, as well as individuals working within it.

We know ​that having a suitable performance review process in place helps to ​facilitate effective performance management – of your teams and your business. These steps allow for individual SMART objectives to be written and rewarded appropriately if achieved​,​ ​development identified​ or corrective action taken.

Six-monthly structured ​one-to-one performance management meetings (appraisals) are recommended. These allow the individual and company management representative to sit down in a friendly environment and set SMART objectives. Both company and personal goals are agreed for the team member to achieve. Feedback should be sought throughout the year. Plus, everyone is fully aware of initial actions and steps of last resort.

SMART – Specific, Measurable, Accountable, Realistic, Time Based.  Failure to manage a team members performance effectively can result in a range of issues for a company from demotivation, loss of sales, poor customer service, Employment Tribunals and high turnover in employees.

7. Employee Handbook:

Employee Handbooks are one of the key HR foundations for any business. They ensure that all your team members know what is expected from them. This includes holidays and hours to how poor misconduct may be dealt with in line with employment law. They set out the rules for ensuring that everybody within the team knows what action can be taken by the company, should expectations not be met. Two examples are Disciplinaries and Grievances; initial actions and steps of last resort, would be included.

Our Handbooks are legally written by the Chartered Institute of Personnel and Development (CIPD) and our HR business professional. We consider all your specific business areas, ensuring legal adherence.

An Employee Handbook puts all the key information and rules in one easy place ​and ​allows them to access the information as and when required ​without needing ​to ask a member of ​staff which, during the first few days of a role​,​ can sometimes be quite daunting.  We encourage these to be easily accessible and available online through the use of our Breathe HR IT system

As part of the Seven HR – Back to basics; a Company Employee Handbook allows the team to gain an understanding of what is expected from them and the company with areas such as pay, hours of work and benefits to communication and team events to name a few. We also ensure that important company policies are included such as disciplinary & grievance, equality and sickness.

We work with our clients to ensure that the handbook is ​tailored to the business, ​reflecting ​the organisation’s values​/​vision, and ​on occasion, a welcome letter from the management team.

Failure to provide an Employee Handbook may result in members of the team claiming they were not aware of a Policy or where to find out about that Policy and can help managers manage more effectively as they can direct team members to the handbook for information thus allowing them to manage more effectively.  We also suggest that all Policies and Procedures, Company Handbook, a member of the teams Contract of Employment and Job Description are easily accessible to them via a user-friendly IT system such as Breathe HR.

Back to basics

Are all your HR basics in place? If not and you need some help and guidance, contact us now by clicking here.

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UK drops out of EU workers’ top six countries

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With the UK unemployment being at its lowest since 1975 and currently standing at 4.3 %, UK employers need to wake up and smell the coffee when it comes to recruiting & retaining its workforce! Recent figures show that the UK is no longer in the top six (EU) European countries employees would chose to move to for work. Accounting firm BDO Global’s 2017 report, which surveyed 10,000 people across 20 countries, showed that the UK had fallen out of the rankings.

 

Matthew from Consensus HR comments: “Many industries such as the Hospitality sector & NHS will are finding it hard to attract and retain European Country employees even though the first stage of ‘Brexit’ has been concluded which guarantees to a certain extent their rights after Brexit to stay in the country etc. Employers regardless of sector need to ensure that they retain their teams as a recent report showed that EU nationals residing and working in the UK was at a record high, with 2.37 million workers from EU states. I know from my hospitality days, recruitment was extremely hard and it was not until many new countries joined the EU & were allowed to work in the UK that we were able to attract for roles such as cleaners, room cleaners & sales assistants.

 

Employers now need to start looking at the skills of their workforce and developing the talent required to take their businesses forward so as to ensure retention of employees is maintained. We work with employers to look at their companies current training / skills needs and work with them to identify & implement the relevant development required for their team / business. Maintaining a productive happy workforce is a major part of what the HR aspect of a business is and by having the correct systems in place such as regular six monthly constructive performance reviews and structured development will help to ensure a successful business.

 

Employers need to look after one of their main assets, their team and manage accordingly or could face an employee shortage going forward due to Brexit and the implications it is having on attracting / retaining European Citizens and the need to depend on the talent available within this country.

 

Emily Burt of the CIPD talks further in her article. Click Here

Trainee Electrician

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Our client is currently recruiting for a Trainee Electrician for a project taking place in Bedford.

A copy of the Job Description can be seen below.

To apply:  Please send a copy of your CV to: [email protected]

Salary: £8.50 per hour dependant on experience

Hours:- 40 hours a week, Monday – Friday.

Closing date for applications is: 31st January 2018

Interviewing: All successful applicants will be contacted directly by our client to arrange an interview etc.  Consensus HR are purely acting as a recruiter who advertise the job and then forward all received applications to the company recruiting who make the decision on who to take forward for interview.  All successful applicants would have been contacted by Tuesday 7th November 2017.

Electrical Installations & Lighting Design Company
 Role Title: Trainee Electrician – Self Employed
 Reports to: Electrical Foreman
 Reportees: No Reportees
 Location: Bedford – MK42 0FT
Main Duties:

  • Assisting the electricians with installations in domestic, commercial or industrial premises. Duties include: chasing walls out, help pulling cables round the premises and assisting putting containment work up such as tray, trunking and conduit and pulling armored cables in etc.
  • Ensure adherences to CDM requirements
  • AV Wiring & containment.
Competencies required for role:

  • Stakeholder Orientation – Provides a prompt service to customers
  • Active Analysis & Decision Making –Works to agreed Objectives & Standards
  • Continuous Improvement – Introduces ideas to improve efficiency
  • Developing Self & Others – Takes personal responsibility for self development, helps others to develop
  • Working Together – Co-operates with others and has ability to work flexibly as part of an established team
  • Communication – Impacts positive on others both internal & external to the company by communicating clearly & effectively both verbally & in writing
Qualifications and experience required for this role:

  • 1-2 years electrical experience
  • Must be able to provide DBS paperwork
  • PASMA Card
  • Must have a valid CSCS Health & Safety card
  • Applicants must have an NVQ Level1 in Electrical Installations
  • Demonstrates a motivate can do attitude with an eagerness to learn. Can work either independently or within a team and uses own initiative when needed.
  • 5 million Public Liability insurance
  • Full Driving License & own transport (Preferable)
This role profile is not exhaustive; it will be subject to periodic review and may be amended to meet the changing needs of the business. The post holder will be expected to participate in this process and we would aim to reach agreement to the changes.

Electrician / Electricians Mate / Improver

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Our client is currently recruiting for an Electrician, Electricians Mate / Improver for a project taking place in Bedford.

RecruitingA copy of the Job Description can be seen below.

To apply:  Please send a copy of your CV to: [email protected]

Salary: £11 – £17 per hour dependant on experience

Hours:- 40 hours a week, Monday – Friday.

Closing date for applications is: 31st January 2018

Interviewing: All successful applicants will be contacted directly by our client to arrange an interview etc.  Consensus HR are purely acting as a recruiter who advertise the job and then forward all received applications to the company recruiting who make the decision on who to take forward for interview.  All successful applicants would have been contacted by Tuesday 7th November 2017.

Electrical Installations & Lighting Design Company
 Role Title:   Electrician / Electricians Mate / Improver – Self Employed
 Reports to: Manager
Reportees:   No Reportees
 Location: Bedford – MK42 0FT
Main Duties:

  • Completing / Assisting the electricians with installations in domestic, commercial or industrial premises. Duties include: chasing walls out, help pulling cables round the premises and assisting putting containment work up such as tray, trunking and conduit and pulling armored cables in etc.
  • Ensure adherences to CDM requirements
  • AV Wiring & containment.
Competencies required for role:

  • Stakeholder Orientation – Provides a prompt service to customers
  • Active Analysis & Decision Making –Works to agreed Objectives & Standards
  • Continuous Improvement – Introduces ideas to improve efficiency
  • Developing Self & Others – Takes personal responsibility for self development, helps others to develop
  • Working Together – Co-operates with others and has ability to work flexibly as part of an established team
  • Communication – Impacts positive on others both internal & external to the company by communicating clearly & effectively both verbally & in writing
Qualifications and experience required for this role:

  • 2 – 3 years electrical experience
  • Must be able to provide DBS paperwork
  • PASMA Card
  • Must have a valid CSCS Health & Safety card
  • Applicants must have an NVQ Level3 in Electrical Installations
  • Inspection of testing qualification
  • Motivated to meet targets and deadlines, working either independently or within a team
  • 5 million Public Liability insurance
  • Full Driving License & own transport
This role profile is not exhaustive; it will be subject to periodic review and may be amended to meet the changing needs of the business. The post holder will be expected to participate in this process and we would aim to reach agreement to the changes.

Do you know the background of your team? – Uber loses licence.

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An excellent article written by Emily Burt of People management (25th September 2017) highlights the importance to businesses of robust background of your team checking procedures, after Uber had its licence to operate in London pulled by Transport for London (TfL) on Friday 22nd September 2017.

In a statement released on Friday, TfL said the ride-hailing app was not fit and proper to hold a private hire operator licence. Among the reasons given were the company’s deemed failure to report alleged criminal offences carried out by its drivers and a lax attitude towards background checks and obtaining medical certificates.

Matthew Pinto-Chilcott, Managing Director of Consensus HR comments “Too many times businesses do not see the importance of carrying out back ground checks on new employees due to it being time consuming and not having the required information needed to make such checks. Employers need to ensure as part of the recruitment process that adequate information is received such as the names & addresses of former employers who can be contacted. This will help to safeguard the business and its employees and allow business owners to make the correct recruitment decisions. Business owners need to look at fully what background checks need to be made relevant to their business.”

“Dara Khosrowshahi [chief executive of Uber] has said the rejection is the cost of a ‘bad reputation’,” Keely Rushmore, senior associate at SA Law, told People Management.  “However, from TfL’s perspective, its decision is about reality and genuine concerns, not reputation. Uber would perhaps be better placed in its appeal against the decision by focusing on addressing those concerns, rather than on seeking the support and peer pressure of its users.”

At the beginning of September, TfL said it had found that up to 13,000 Uber drivers had insufficient background checks and a separate investigation by The Sun, published last year, claimed Uber drivers had been obtaining falsified medical certificates.

Over the weekend, The Sunday Times published a letter from the head of the Metropolitan Police’s taxi and private hire unit, which accused Uber of selectively reporting criminal offences committed by drivers, choosing to report only those that would be “less damaging to [its] reputation”.

Uber’s existing licence expires on 30 September, but the company has 21 days to appeal TfL’s decision, and can continue to operate until it has exhausted the appeals process.

In an open letter tweeted by the company’s media team, recently appointed Khosrowshahi apologised “for the mistakes we’ve made” and added: “We will appeal this decision on behalf of millions of Londoners but we do so with the knowledge that we must also change.”

Meanwhile, Nick Elwell-Sutton, employment partner at Clyde & Co, said the decision flagged further concerns about the limited rights of gig economy workers. “Because they are classed as ‘workers’ rather than employees, there will be no right to a redundancy payment and no obligation to consult,” he said “Instead, Uber just needs to serve contractual notice to terminate.

“40,000 [drivers] are potentially losing their jobs, and while in future they could work as traditional minicab drivers, without the technology overlay of the Uber app they would be self-employed and end up with no rights at all rather than the limited ‘worker’ rights they currently have with Uber.”

Frances O’Grady, general secretary of the TUC, said the decision should act as a “cautionary tale” for employers of gig economy workers. “It is perfectly possible to run a taxi company without treating drivers poorly and cutting corners on customer safety… Unions will expose nasty schemes that cheat workers out of basic rights like the minimum wage and holiday pay,” she said.

On Wednesday, the company is due to head to the Employment Appeal Tribunal to challenge a 2016 ruling, which decided that two of its drivers were workers, rather than self-employed, and therefore entitled to certain rights such as the minimum wage and sick pay.

If you are unsure of what reference checks you should be making or how to conduct them legally / productively, call Consensus HR on 01462 621243 or alternatively fill in our ‘Contact’ form and we will contact you ASAP.

 

 

Butchers ‘meal deal’ Award of £6,091.

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This is a case, which was recently at an Employment Tribunal (ET) & brought by a former employee for failure to follow the Acas Disciplinary & Grievance Procedures. It highlights the importance of ensuring that when managing employees you follow the correct / legal procedures or the repercussions can be financially damaging.

This case also highlights how the incorrect use of Social Media by an employee can result in the loss of their job but if not handled correctly by their employer has the opposite effect to what should have happened and end up costing the employer rather than the employee.

Michael Hayward had worked for Noel Chadwick in Standish as small and well-respected butchers in Wigan, for seven and a half years before he was dismissed for recommending a discount from online retailer Fresh Meat Packs North West to his then-girlfriend on Facebook.

Hayward was subsequently dismissed for gross misconduct and breach of contract by father and son directors John and Paul Chadwick for ‘advertising’ what they believed to be a competitor and breaching the company’s social media policy. The tribunal heard the pair, whose business did not have a formal HR function, had already decided to dismiss Hayward before they brought him into a disciplinary meeting in April 2016.

The 37-year-old said he was not issued a written or verbal formal warning, despite requesting one, nor was he given the opportunity to have someone with him at the meeting or given an explanation regarding his actions. As no appeal was arranged within a few weeks of his sacking, Hayward eventually lost confidence in Noel Chadwick and did not follow up the matter.

The tribunal also heard that Hayward had been ‘pulled up’ on his use of social media before he posted the offer, but there was no warning given to him that suggested such behaviour could lead to his dismissal.

Allowing Hayward’s unfair dismissal claim, Judge Keith Robinson called Noel Chadwick “fanciful” for suggesting it experienced any financial or reputational loss because of the Facebook post.

“Hayward’s misdemeanour, if one can call it that, was minor,” the judge continued. “This is not an advertisement; this [matter] was a wholly mishandled dismissal root and branch. The claimant was dismissed summarily in a process that was reprehensible.”

The judge awarded Hayward a £6,091 payout – £4,891 in lost wages and compensation, and £1,200 to reimburse his tribunal fees.

Matthew Pinto-Chilcott – Managing Director of Consensus HR states “This is an area that we are continually ensuring is adhered to in relation to the Acas Code of Practice On Disciplinary & Grievance Procedures when our clients are dealing with disciplinary issues in the workplace. The law is there to protect the individual as well as the company and by managing your team in the best way, your business benefits & your team become more productive & loyal and avoid unwanted claims being made to an ET.

Disciplinary & Grievance Procedures are just one of the many that employers should have within their business as well as a Contract of Employment, which an employee is entitled to within the first two months of employment. All members of the management team should have the relevant development to ensure all areas are covered correctly & reasonably.”

Chadwick added: “We would like to take this opportunity to urge other small-to-medium businesses to ensure that their HR team is doing their job properly and, if they do not have an HR team, to enlist the services of a professional HR consultancy for the protection of both employer and employee.”

If we can help your business in anyway and ensure you are not taken to an Employment Tribunal for not following the law & not having the correct Policies & Procedures in place, please do not hesitate to contact us on 01462 621243 or alternatively by completing our ‘Contact Form’

Consensus HR – “Helping Companies with their People Solutions”

A Hidden Cost!

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Recruitment within businesses can sometimes entail a hidden cost that business owners do not take into account such as the additional burden for the team to develop the new member in the role and systems of the business and is why the following survey information did not surprise us.

Around one in five employees (22 per cent) have left a job during or at the end of their probationary period, a survey seen exclusively by People Management has found.

The role ‘not being as expected’ was the most common reason given for quitting, cited by 43 per cent of respondents. This was followed by having found a better role (23 per cent), not liking the company’s culture (13 per cent) and not liking the boss (8 per cent).

Matthew from Consensus HR comments “Many business owners do not realise the overall cost of recruitment and the fact that they are paying for a considerable time for a new employee not just in the initial costs such as advertising & interviewing but also when the new member joins and the time being spent with them by their team. Business owners need to ensure that they invest in a new starter correctly so as to ensure they are motivated and happy in their new role / company.”

Recent recruitment figures obtained from the Cipd shows that on average businesses spend £5,433 on logistical costs, with the following factors contributing: Hiring temporary workers before the replacement
starts: £3,618. Management time spent interviewing candidates: £767. Recruitment agency fees.

Matthew also comments “In the past we developed a comprehensive 3 monthly induction / performance review process for new employees to ensure they are developed adequately in their new role and given the opportunity on a regular basis initially to discuss their performance & identify any areas that need to be addressed during their probationary period. We have found this to be very beneficial to the businesses and a reduction in turnover and also assisted one of our clients in a racial & discrimination case where awards are unlimited and ability for an employee to bring a claim from day one of employment prevented / managed. This also makes them feel valued & not just a number as their induction is written specifically for them but is also down to them to tell the employer in a constructive recordable manner what support / development they require to be successful in the role.”

The study, by CV-Library, also revealed that 12 per cent of people had been dismissed during a probation period, although almost half (44 per cent) of them agreed it was the right decision.

When asked why they were dismissed, the top reasons were poor performance (27 per cent), the company being unable to keep them on (22 per cent) or being the wrong fit for the company’s culture (20 per cent).

Lee Biggins, founder and managing director of CV-Library, said HR teams should take responsibility for running on-boarding processes and making sure new starters settle in well. “Induction sessions are the perfect opportunity to take new starters through what makes the company unique and a great place to work,” he added.

The vast majority (86 per cent) of respondents to the CV-Library survey believed probation periods are a good idea, with 49 per cent saying they allow companies to ‘test the waters’ with the new employee, though the concept of a probation period has no legal basis. Just over half (56 per cent) thought that both employers and employees benefit equally from probationary periods.

As for those who do not believe probation periods are a good idea, a little under half (49 per cent) believe the time period is not long enough to monitor an employee’s contribution to the business and 39 per cent said it can be upsetting to an employee if they fail to pass their probation.

Our Recruitment page discusses how we can help businesses and can be reached by clicking here.

For further information and to discuss your recruitment or how you currently carry out productive inductions please contact us using our contact form or alternatively by telephone on 01462 621243

 

Consensus HR – “Helping Companies with their People Solutions”

 

 

 

Compassionate Leave in the workplace.

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One of the many questions we get asked in relation to compassionate leave in the workplace by our clients is what is the law in relation to ‘bereavement / compassionate leave’ and what should they provide to a member of the team when informed and is the topic of our current blog.

Firstly you should ask yourself what is your company policy (if you have one) and what has been the Precedent in the past when people have told the company of a recent death or the need for compassionate leave?

The next question should be: Does it affect a close relative or dependant? If yes then an employee is entitled as a minimum to take a ‘reasonable’ amount of time off work without notice to deal with emergencies affecting their dependents under the Employment Rights Act.

‘reasonable’ can vary depending on the situation and can be anything from one day to attend a funeral to up to a week to plan an event for close family members.

Kim Pattullo – a partner in the employment team at Addleshaw Goddard comments further:

While this can help an employee to focus on arrangements and the funeral itself, it is often once the funeral has taken place that they require additional support. Shock or the sheer exhaustion of dealing with a protracted illness can have a severe impact. While some people will appreciate the structure and distraction of work, many others suffer from anxiety and depression following bereavement.

With more staff staying in the workplace for much longer than previous generations, this is a situation that managers will encounter increasingly often. The question is: what more can employers do to assist at such a difficult time?

For employees who suffer from mental health illnesses such as depression, it is important to have a line of communication between them and the their line manager. Where possible, an early referral to the business’s occupational health provider is crucial, both as a pathway to accessing other medical assistance and in securing the best chance of the employee successfully returning to work in the future. The objective should be to have a referral and appointment within four weeks of the diagnosis of depression. This is an extremely delicate conversation to have with someone so recently bereaved.

For an employee who wishes to have the distraction of work, there can be issues with performance, which can dip substantially on their return. At this point, managers have a key role to play in discussing the support the employee wishes to have. A return to work discussion about workload levels and weekly catch ups are recommended, and it’s important to keep a watchful eye on the team member. You also need to consider whether the employee has a mental health condition that would qualify as a disability. If so, there will be a requirement to make reasonable adjustments and not to take action that would discriminate against the person’s disability.

Financial matters can add greatly to the stress and anxiety experienced by a bereaved employee. The loss of a loved one who was the main breadwinner can have a devastating impact on them and their family, especially if there was not time to put financial affairs in order. Only by talking to them will this come to light. Some employers may be able to h
elp with zero-interest loans or by directing the employee to additional sources of support and advice.

Managers and HR professionals are the key to dealing with staff struggling with bereavement. They can provide support and pass on vital information to the employee, including the fact that employee assistance programmes are much more than just telephone helplines. It will be for the manager or HR to tease out whether the employee has financial worries caused by their change in circumstances. However, employers must ask themselves this: have managers and HR professionals been trained to engage in these sensitive discussions with confidence?

Matthew from Consensus HR comments “In these difficult times it is vital that employers have a clear policy that is easy to follow and states what the procedure is for all members of the team so as to ensure in difficult situations that the appropriate action is taken and no further stress put on the individual or the business. Clear guidelines ensures that all members of the team are treated the same and managed accordingly. I always suggest that a clear documentation trail is also kept with payroll as unfortunately from past experience it has been known for a number of grandparents to pass way!”

If you wish to discuss your current policies / procedures in relation to compassionate leave or any other area of your companies HR Policies & Procedures give us a call (01462 621243) or fill in the ‘Contact Form’ and we will contact you asap.

 

 

Mental Health: The HR Perspective

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Mental health has been catapulted into the headlines recently, thanks to Mental Health Awareness Week (8 – 14 May) and royal revelations from Prince Harry about seeking counselling and his support of the charity Heads Together.

There is increased awareness and openness about mental health. How should employers recruit, support and/or manage employees who are affected?

Recruitment

An Employment Appeal Tribunal found that the Government Legal Service’s (GLS) mandatory test (used during recruitment of lawyers) was guilty of indirect discrimination. The claimant has Asperger’s Syndrome. Her psychiatrist had made previous recommendations (in relation to her university courses) that a multiple choice format test would not be appropriate for her. As the GLS test was not available in different formats, the claimant was severely disadvantaged during the recruitment process.

The Employment Appeal Tribunal acknowledged that the GLS needed to test the core competency of ability of its candidates to make effective decisions. However, it found that a psychometric test was not the only way to achieve this.

“It is valid for employers to assess the essential skills required within a job role, “explains Matthew Pinto-Chilcott of Consensus HR. “However, the test method should adapt to the needs of individuals.”

Support

Supporting mental health in the workplace can be challenging and the issues around it are complex. Therefore, it is important that employers are aware of their legal obligations and the issues that arise. Three key issues are involved:

  • Health and safety
  • Disability discrimination
  • Personal injury claims

Employers can manage mental health issues via two key approaches: having policies and procedure in place to deal with mental health issues, and supporting employees via training (for managers especially), return to work interviews and on-going support in the workplace and during periods of absence.

“Professional advice can ensure that policies support both the organisations and its people,” says Matthew from Consensus HR. “With growing awareness and openness about mental health issues, this step is increasingly important.”

Management

Clear, honest communication between employers and employees should determine the nature of support required and the best way to provide that help. However this path relies upon individuals being open about their mental illness. Often, people are concerned about revealing their illness to their employers, leading to deliberate concealment.

Concealment is potentially a problem right from the start as people are not obliged to disclose any health issues during the recruitment process. However Employment Law Consultant Kevin J Murphy explains that if there is a contractual requirement upon an employee to disclose medical conditions which may affect their ability to do their job and the employee has concealed it, there is action you can take.

He explains: “A deliberate concealment can mean that the contract is void if there was a requirement to disclose detailed within it. Further, an employer could rely on the employee’s dishonesty as a reason for dismissal, but might need evidence of their decision to hide their illness.”

“Any dismissal on either of these grounds should still follow the ACAS Code of Practice on Disciplinary and Grievance Procedures to assist the employer to evidence that the dismissal is not based on the employee having a disability – but their dishonesty.”

Matthew from Consensus HR adds: “By thinking through the functions involved with specific job roles and adding clauses to the contract of employment, employers can achieve protection for their organisations whilst supporting the individuals involved. It’s important to get the HR basics right.”

Mental health issues within the workplace is a complex subject and one that is very important to both businesses and people. Further details are available within our article: Employees with Mental Health Issues Face a Lack of Support and Discrimination.

The Gender Pay Gap Rules are here!

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The long-waited regulations about the gender pay gap rules are here & reporting have been published. Consensus HR is pleased to let you know what this new regulation involves – and how it affects employers.

‘The right to equal pay for equal work’ was originally discussed in 1959 as part of the Labour Party’s Manifesto. Following a number of treaties, legislation – and strikes – the Equality Act was finally introduced in 2010. We now have the final version of the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017.

What does gender pay gap reporting involve?

The legislation requires employers to publish annual information relating to pay.

The main points of this new legislation are summarised by Colin Leckey and Hazel Oliver of Lewis Silkin as being:

• The reporting regime applies to all private sector employers with 250 or more employees.

• Employers must publish the mean and median hourly pay gap between men and women, based on the pay period containing a specific date in April each year (the “snapshot date”). “Pay” for this purpose includes any bonuses paid in that pay period.

• Employers must also report the annual bonus gap between men and women, again using a specific date in April, together with the proportion of male and female employees who received a bonus that year. “Bonus” is defined widely to include commission and securities.

• There is an additional obligation to publish the numbers of men and women in each of four quartile pay bands.

Who is involved?

Based upon section 83 of the Equality Act 2010, the following employees should be included within gender pay reporting:

• Any people employed under a contract of employment, a contract of apprenticeship or a contract personally to do work. It also applies to Crown employment and to service in the armed forces.

• Those employees who are not based in Great Britain but are still regarded as being employees of employers within scope could still be covered if there is a strong connection with Great Britain.

• Agency workers will be taken into account by the employer with whom they have the contract of employment, and this will generally be their agency.

Two groups of people who will be excluded are:

• Self-employed people (those who are not within the definition of employee in the Equality Act) or volunteers should not be included in the overall gender pay gap calculations.

• Partners, including LLP members, referring to both pay and bonus data

When does gender pay gap reporting start?

The first calculation date is April 2017. The data must be published on the employer’s website by April 2018, remaining there for three years.

Comment from Consensus HR:

“It’s been a long time since equal pay was introduced in 1959,” says Matthew Pinto-Chilcott, founder of Consensus HR. “As we start 2017, the Government is finally going to make it a legal process that companies of 250 employees and over must report their gender pay of all their team.”

He adds: “Consensus HR believes that all areas of the Equality Act should be fair for everyone regardless of their personal attributes such as sex, race, age etc. People should be given the opportunity to work. Should they not be able to perform the duties of the role, time should be taken to ascertain why. Employers should then introduce adequate measures and/or reasonable adjustments as needed to allow individuals to be successful.

“Obviously we do not see sex as a reason why anyone is unable to perform a role unless physical demands prohibit it but this is applicable to both sexes.”

Your Referencing Duties – Part 2 of 2 part blog

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Your Referencing Duties

In our last blog, we dispelled some of the myths surrounding employee references.

Even though there is no legislation precisely covering providing references, employers do have three clear duties to consider:

  1. A duty of care in negligence

An employer is under a duty to provide a reference, which is in substance true, accurate and fair. The reference must not give an unfair or misleading impression overall, even if its discrete components are factually correct. An employer will be liable for references that give a misleading impression of the employee due to omission of information.

  1. An implied duty of mutual trust and confidence

An implied contractual term of trust and confidence may be breached by the provision of a misleading reference.

  1. A duty not to make defamatory comments or those, which amount to malicious falsehood

There is no liability for libel, provided the employer believes the information in the reference is correct and is given without malice. However if untrue malicious comments are made, then the employer may be liable.

Can an employee give a reference that gives information about an employees sickness absence? 

A number of issues can arise if a reference asks for personal information about a former employee’s sickness absence. This area is covered by the following:

  • Equality Act 2010

Once a job offer has been made, employers can ask questions about matters such as sick days absence when taking up references. The employer providing the reference should discuss the response to the question directly with the employee. This will ensure that the response is accurate, factual and creates an overall fair impression.

If the question refers to an operation the person providing the reference should – with the employee’s permission – identify the length of the period of absence due to hospitalisation. Merely stating the number of days absent will not give a fair overall impression.

Employers must remain aware of disability discrimination where the employee has a disability and any absences relate to that disability.

  • Data Protection Act 1998

Disclosing information relating solely to the number of days of absence will not amount to the processing of sensitive personal data. However, more detailed information which is held about workers’ physical or mental health may amount to the processing of sensitive personal data. 


How much compensation could employers be liable for if they supply an unfair reference?

If an inaccurate reference is given, attempts should be made to correct the error by sending an accurate reference and a covering letter as soon as possible. Supplying an unfair reference could result in a claim for compensation.

The amount of compensation will vary depending upon the type of claim the employee brings, the loss suffered by the employee and the facts of the case but for Breach of Contract this can be up to £25,000.

“We advise our clients to have a set procedure providing standardised references” says Matthew from Consensus HR. “Company policy should ensure that ‘easy’ facts about employees are given, such as job title, salary and employment dates”

“This ensures and that the same type of information is provided for everyone. It helps to ensure that the business meets its obligations. Plus, it makes providing references very time efficient; the information needed is available direct from the person responsible for the company’s payroll” adds Matthew. “A reference request can be delegated and provided very quickly.”

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