Category: opinion

Understanding Redundancy 2023

Don’t get caught out – it’s a complex process. Read these hints and tips on how to get it right.

Hardly a day goes by without one company or another announcing cut backs, layoffs and redundancies. Reducing the workforce, to save money on wages, is often seen as an easy solution for company owners and directors. In reality nothing is further from the truth. Redundancy is a special type of dismissal; one that is governed by strict laws and ways of working. Rules that impact on the business in both the short and longer term. Rules that often lead to unforeseen consequences especially for those new to redundancy and/or looking for a quick and simple way to cut costs.

For example, an August 2023, review of published employment tribunal decisions relating to redundancies brought up nearly 11,000 cases. Each one driven by the belief that the employer had acted unfairly. No organisation can risk the time, cost and reputational damage that arises from a failure to understand or follow good practice. Redundancy Training for HR and Operational Teams is a low cost high benefit route for any organisation considering making redundancies.

In simple terms if you or your organisation is considering making staff redundant you need to ensure you are fully aware of the rules and regulations that govern the process. This document is designed to give an insight into the process and in doing so trigger thought. It is not a replacement for proper training and understanding.

Announcing redundancies always has an adverse effect on business. It can create the impression, rightly or wrongly, that the company is struggling financially and/or abusing its workforce. (The P&O Ferries initiative on 17 March 2022 is a classic example of the adverse publicity that can follow a redundancy notification). Redundancies frequently lead to a significant drop in staff loyalty, staff morale, motivation and productivity. Suppliers and customers can be affected too and may look to move their business away or impose more restrictive trading terms. For example 90 day credit terms may change to payment in advance if suppliers feel that payment is at risk.

Concrew Training’s Redundancy courses for Directors, HR teams and employee representatives are designed to help ensure that the redundancy process is understood, the impact it can have on the business and if redundancies are genuinely needed how to approach the process in a way that delivers the best possible results for all.

Redundancy
Redundancy is a special type of dismissal. Reducing the workforce through redundancies can only be used in a very limited number of situations:

The Business is ceasing to trade
The job role is ceasing, that is to say there is no longer any need for anyone to be employed in the specified job role or the number of people required has reduced

Care is needed because once a role has been made redundant any future recruitment into that role may lead to employment tribal claims for unfair dismissal.

In situations where redundancy is being considered employers need to:

Do their best to avoid redundancies
Consider all other options, eg short term working, relocation, TUPE
Ensure the law and good practice is followed at all stages
Reduce the impact any redundancies has on all staff, dismissed and not dismissed, alike
Ensure everyone is fully informed and consulted, especially when consultation is required by law
Consider appointing and training employee representatives. Our courses form employee reps may be of use

Managing Redundancies
If it is decided that redundancies are necessary and cannot be avoided it is imperative that the process is managed in a way that minimises negative impact. This includes ensuring the laws regarding redundancies are adhered to. These laws are complex and need to be understood fully. Employers who don’t follow the law are likely to find themselves facing claims for protective award and unfair dismissal compensation.
Formal Procedures
Having a formal redundancy procedure in place helps avoid future problems. It might include:

procedure
Alternative Options
Identifying the roles/departments/locations being made redundant
Volunteers
Consultation
Redundancy selection criteria
Alternative employment options
Redundancy notices, appeals and dismissals
Redundancy payments
Employee welfare and support

3.1 Alternative Options
Employers need to strive to avoid redundancies. This means considering all possible alternatives, but it is equally important that existing contracts, terms and conditions are considered too.
Possible alternative options may include:

Recruitment freezes
Pay freezes
Overtime bans
Short-time working
Voluntary early retirement
Retraining and moving staff to other job roles
Fire and Rehire (treat with caution)

3.2 Identifying the roles/departments/locations being made redundant
The cohort from which employees will be selected for redundancy will usually be based on one or more groupings for example those that

Work in a specific set department
Work in a specific set location
Have similar job descriptions
Do similar types of work

3.3 Volunteers
Employees can volunteer for redundancy or the employer can ask for volunteers. The employer does not need to agree to any specific request but needs to ensure any refusal is fair and does not breach equality legislation.

All parties can benefit when a clear and easy to understand “voluntary redundancy policy” is in place.

3.4 Consultation
Employers are required to consult individual employees in a meaningful and effective manner and provide reasonable warning of the pending redundancy.

Strict rules apply when more than 20 people are being made redundant. These include the need for collective consultation. If 20 or more employees at any given location are to be made redundant, collective consultations with recognised trade unions or staff elected representatives are required. Notably:

At least 30 days before the notification of redundancies for dismissals of 20-99 employees.
At least 45 days before the notification of redundancies for dismissals of 100 or more.

In situations where there is no trade union recognition, nor employee representation or the employee representation constitution does not allow for collective consultation, suitable representatives will need to be elected. The employer is required to facilitate this.

Given the need for employers to evidence “meaningful” consultation employers’ may benefit from training the elected representatives in redundancies and collective consultation. (Concrew Training provide this service where needed). Employers need to consider the skills and experience of the elected representatives and the extent to which they are able to negotiate in a meaningful manner.

Failure to carryout meaningful collective consultation may lead to claims for protected award payments, up to 90 days gross pay per claimant

Union / Elected Employee Representatives have to be told:

The reason for the redundancy dismissals
The number of proposed redundancies and their job types
The total number of employees affected
The proposed methods of selection, scoring systems etc
The procedure to be followed in dealing with the redundancies.
The method of calculating the redundancy payment.

Note where more than 20 people are being made redundancy this has to be notified to the Redundancy Payments Service

3.5 Redundancy Selection Criteria
In situation where only some staff within a specific role/department/location are facing redundancy a grading system needs to be consulted on. The following criteria are often used:

Length of service
Attendance records
Disciplinary records
Skills, competencies and qualifications
Work experience
Performance records

Care needs to be taken to ensure that the approach selected is not discriminatory. A minimum of two people should carry out the scoring process independently and any variances in scoring ratified.

3.6 Alternative employment options
Employers must, where possible, offer suitable alternative work to redundant staff.

The law requires employees who have at least two years’ service to be given paid time off to look for work during the final notice period.

Employers must try and move employees selected for redundancy into other jobs within their organisation instead of making then redundant. If a role is agreed suitable, employers should offer it instead of redundancy. Where multiple applications exist a fair process needs to be adopted and take into account the need to prioritise those on maternity/shared parent leave.

The role can be accepted on a trial basis for 4 weeks, with a return to redundancy after if the role is found to be unsuitable.

3.7 Redundancy Notices, Appeals and Dismissals
Once the employers has finished consulting everyone and gone through the selection process employers can issue the each employee affected with a redundancy notice. Where ever possible this should be given via a formal face to face meeting. Employees can be accompanied.

The details of the redundancy should be confirmed in writing by letter or email. And include

How they scored in the selection criteria and why they received that score
Their notice period and leaving date
How much redundancy pay they’ll get and how you calculated it
Any other pay due to them, for example holiday pay
When and how you’ll pay them
How they can appeal the redundancy decision

3.8 Redundancy Payments
Employers must pay at least the legal minimum (‘statutory’) amount of redundancy pay to employees who have worked for you for at least 2 full years.

Some types of workers do not qualify for redundancy pay. Some employees may be entitled to more than the legal minimum amounts due to conditions in their terms of employment. Higher payments may be offered to attract voluntary redundancy applications

Car needs to be taken to ensure that the latest minimum entitlements are known and the correct entitlement is calculated for each individual affected

3.9 Employee Welfare and Support
It is important to remember that the way staff are treated has implications on the employers reputation and standing within the community and in situations where the business will continue to trade, staff moral enthusiasm and productivity too.

Handling redundancies in a caring, sensitive and thoughtful manner can make a significant difference to how people cope and the ongoing success of the business.

Take time to explain the reasons for the redundancy. Explain what a tough decision it was and explain what has been done to minimise the impact. Remember to thank everyone for their contribution to the business and stress that redundancy was not a reflection on any induvial personally.

At the same time remember that managers and employee representatives involved in supporting staff may not have any experience in this type of situation and may themselves require training and support. (Concrew Training can assist where required)

Employers need to consider each of the following groups and what can be done to train and support them through this demanding time

employees at risk of redundancy
managers who are breaking the news
the people leading the consultation
employee representatives
those staying on

Concrew Training
August 2023

Image Credit: unemployedby Erich Ferdinand used under CC BY-ND 2.0

EDI – understanding Equality, Diversity & Inclusion 2023

Graffiti on wall showing different people

Equality and Diversity have long been important dimensions for all organisations but following the economic crash in 2008 many organisations faced other pressing priorities – Equality Diversity and Inclusion took a back seat.

In 2017 the 2006 “me too” movement went viral, interest on other similar movements gained momentum and sexual harassment hot the headlines all of this has led to Equality Diversity coupled with Inclusion becoming, once again, a key consideration for all organisations.

The following underlying developments all being pivotal

Transgender =Trans vocabulary
Sexual Harassment
Menopause
WOKE Agenda
Andrew Tate
Misogyny
Neurodiversity

It is important that all organisations revisit their approach to EDI (E&D) to make sure it reflects the latest developments and legislation (Workers Protection Bill – amendment to the equalities act ?)

Hardly a day goes by without one organisation or another hitting the headlines for EDI related issues.

image: Graffiti rue Knox by Stan Jourdan used under CC BY-SA

More Effective Meetings

Meetings are common place but few people give thought to how effective they actually are and far fewer to how effectiveness and productiveness can be improved. Far fewer have been trained on how to conduct more effective meetings or be a more productive participant. Consequently meetings are often far less effective/productive than they should be.

Meetings often drift along with too little focus, purpose or outcome.

Indeed virtually everyone will, at some point, have come out of a meeting feeling, that was a waste of time.

The Chair and/or Facilitator plays an important role in encouraging and managing the contributions of all participants but equally all attendees need to understand how their behaviour and performance can contribute to a more productive outcome.

It is all too easy for attendees to unknowingly and unwittingly derail progress and effective outputs. This can be compounded when the Chair or Facilitator has learned the role “on job” often without formal training and has rarely experienced the benefits a well-managed meeting can deliver.

The task of the Chair is to utilise the talents of the group and move them towards the meetings objectives or expected outcomes. This is often difficult to achieve. The Chair may need to exert more control at the beginning of a meeting when a group is newly formed, or when the meeting is particularly large.

Being over controlling, however, will inhibit debate and may reduce participants’ sense of ownership of the tasks. The trick is to strike a balance between control and participation.

In a similar vein it equally important that attendees do not inadvertently disrupt or derail the meeting. It is all too easy to raise poorly thought through comments or when passions are high to speak or rough ride over others.

Management often spend up to 60% of their time in meetings so it is well worth considering how much all these meetings cost. But what is more thought provoking is just how much is wasted through ineffective meetings.

Chairs and participants can benefit by thinking more about the following

Organising and conducting meetings
Think about the characteristics of effective and poorly run meetings
• The Chair’s tasks (with others) before any meeting
• Agenda management
• The environment
• Opening the meeting
• Keeping control
• Encouraging participation
• Summarising and closure

Agreeing tasks and targets before during and after the meeting
Consider what is happening during a meeting

Identifying differences between parties
The use of open questions/asking the right questions of the right person.
Open Questions
• Probing and Supplementary Questions
• Closed Questions
• Hypothetical Questions as well as Leading or Loaded Questions
• Group Dynamic Theory
• Taking notes for minutes of the meeting

How to reach common ground and agreement
Think about:
• Planning and Preparation
• Opening
• Stating –Testing – Questioning
• Moving
• Agreeing

Explaining and summarising decisions – closure
Consider what needs to be done by whom and by when after the meeting has closed including action by:
• The Chair
• The Secretary
• All Participants
• External stakeholders

Image Credit: “Partnership to End Childhood Hunger Core Advisory Meeting” by Maryland GovPics used under CC BY-SA 2.0

Advocacy Guidance for Employee Reps

In non-unionised organisations employee representatives are often tasked with providing advocacy and mentoring support. This short article provides some useful hints and tips on process

This advocacy and mentoring can range from providing general help, support and guidance, sign posting resources to representing staff during grievance and disciplinary meetings.

It is often a duty that representatives receive little or no training in. We hope this guide will be of use.

1. Introduction
This note summarises best practice arrangements for convening, conducting, and closing a one-to one meeting with someone needing support in a disciplinary or grievance situation. There are points of some convergence with the protocols and processes used in the wider employee representative forum meetings. The note also sets out practical steps to follow in the event that you are accompanying the person to any disciplinary or grievance meeting and/or appeal.

2. Planning a support meeting

Basic research
Appropriate timings
Think about your environment. Is it comfortable, non-threatening?
Are you meeting in a private neutral setting?
Appropriate seating
Copies of key policies to hand
Sundries

3. Opening the support meeting

Your role – establishing that your remit and boundaries are clearly understood.
You need to agree ground rules with emphasis upon confidentiality, discretion, and time available.
That the person’s issues will be key – you want to help them achieve a workable and acceptable outcome

4. Some important ground rules for each support meeting

Make sure you have key company policies on hand.
Observe these protocols each time you meet:
- Confidentiality – unless issue needs escalating.
- Ensure this caveat on confidentiality is clear i.e., anything that will damage the reptation of the company and/or involving a detriment to a colleague will be escalated
- Explain you cannot put words into their mouth or pursue independent investigations.
- Timings- be clear on how much time for the meeting.
- Discuss if informal rather than formal action might be appropriate for a grievance.
- Explain company time frames for due process of issue.
- Take notes- keep them secure.
- Probe -use active listening and questioning techniques.
- Summarise at closure – be clear on next steps.

5. Conducting the support meeting

Let the person make their opening statement -your best response will often be to listen, clarify and summarise – think of reflective listening!
Do not forget the value of silence. Do not accept “no” at face value – and remember to question the assumptions on which something is based.
Listen more than you talk. The more you listen, the more you will find out about the other person’s position.
Ask questions as much as possible and avoid making unnecessary statements.

6. Moving things along

A progressive and positive summary highlighting areas for movement or action.
Seizing any moment where the individual through talking to you has discovered the solution.

7. Closing the support meeting

You will know if you are moving into this phase when:
A repeated “no” is heard (you are pushing them further than they want to go)
Their comments get progressively smaller.
Non-verbal signals demonstrate it (e.g., shuffling, pen is put down/notebooks and files are closed, breathing/blinking gets faster, tone of voice changes, etc)

8. And before closure of the support meeting

Make a clear and concise oral summary of what action has been agreed.
Do you need to do anything further?
What are they going to do?
Is it going to involve them meeting others?
Will you need another meeting with the person?
Are you going to be required to represent or accompany the person to a formal disciplinary or grievance meeting? See 10 below

9. Records and note taking.

Maintain appropriate records of support meetings to have a reliable record for future reference and keep these secure.

10. Accompanying a person to a disciplinary or grievance meeting

The person you are assisting is likely to feel apprehensive and under stress. The practical steps set out under are reminders to ensure that there is clear communication with him or her as well as total clarity about the processes being followed.

You will need of course to reassure the person about your intention to fully respect the confidential and sensitive nature of all matters up for discussion.

Ensure that the person knows that you cannot put words into their mouth and answer questions directed at them. You will be representing their case according to the information provided and assisting with points of clarification based upon what they have told you. You do not have an investigative or cross examination role.

Make sure: —

You are familiar with the company policy being followed in terms of the venue, date & time, your role, time limits, format for the meeting, participants, possible outcomes, and appeals
You have enough time set aside to spend with the person before and after all meetings and be ready to co-operate with adjournments
That the person you are assisting is also fully aware of all these matters
You have copies of the appropriate policies, precise details of the disciplinary or grievance issues and any supplementary papers
You are equipped with enough stationery to make notes
That all the foregoing matters are actioned in the event of any appeal
Any appeal is anchored on the facts contained in the original disciplinary or grievance decisions made and communicated to the person. If fresh material emerges between the original decision outcome and the appeal take advice from HR on how these matters should be presented.

Ian Hirst
15 August 2023

Female Menopause, employment law and reasonable adjustments

Operational Managers and HR teams need to understand the female menopause, its symptoms, impact and what reasonable adjustments should be considered to support those affected.

Delegates on our employment law and equality courses often ask about it so we thought it useful to release this short briefing document so support a wider audience.

Introduction
The menopause is a natural event in most women’s lives during which they stop having periods and experience hormonal changes such as a decrease in oestrogen levels.

It usually occurs between the ages of 45 and 55 and typically lasts between four and eight years. However, each woman’s experience will differ, and menopausal symptoms can occasionally begin before the age of 40. Perimenopause, or menopause transition, begins several years before menopause. Women may start to experience menopausal symptoms during the final two years of perimenopause.

The “male menopause” (sometimes called the Andropause) is an unhelpful but often used term. Males may, experience symptoms that appear outwardly similar to those experienced by women and at a similar age BUT they are not related to a drop in testosterone levels so not technically a menopause. The symptoms can interfere with everyday life and happiness, so it is important tofind the underlying cause and work out what can be done to resolve it.”

This briefing focusses on the female menopause but in the interests of balance more detail regarding the male Andropause (menopause as it is often, albeit incorrectly, called) is covered in section 9

This briefing note considers the female menopause: –

Symptoms
Suggested Internal and External Support Ideas
Reasonable Adjustments that might be needed
Laws related to the Menopause
Discrimination and Equality issues
GDPR and Data Protection
Landmark Cases

Symptoms can include

Hot flushes and night sweats
Anxiety.
Dizziness and fatigue.
Memory loss.
Depression and headaches.
Recurrent urinary tract infections.
Joint stiffness, aches, and pains.
Reduced concentration; and heavy periods.

Each of these symptoms can affect an employee’s comfort and performance at work.

All businesses and organisations have a duty to provide a safe working environment for all employees and therefore will usually commit to ensuring that adjustments and additional support are available to those experiencing menopausal symptoms.

Suggested Internal and External Support
The aim should be to facilitate an open, understanding working environment.

All employees can be asked to attend a training session on the menopause/health issues including the menopause to increase awareness.

Managers will benefit from attend this session as well as additional training to help provide effective to support to employees who are going through the menopause.

Employees are generally encouraged to inform their line manager that they are experiencing menopausal symptoms at an early stage to ensure that symptoms are treated as an ongoing health issue rather than as individual instances of ill health.

Early notification will also help line managers to determine the most appropriate course of action to support an employee’s individual needs.

Employees who do not wish to discuss the issue with their direct line manager may find it helpful to have an initial discussion with a trusted colleague or another manager instead.

They can also raise the issue with HR/occupational health if they need support.

Many organisations signpost external sources of help and support for employees and managers, including information on:

Menopause matters, which provides information about the menopause, menopausal symptoms, and treatment options.

the Daisy Network charity, which provides support for women experiencing premature menopause or premature ovarian insufficiency; and

the Menopause Café, which provides information about events where strangers gather to eat cake, drink tea, and discuss the menopause

On a broader but related scale Hen-pecked is one of the UK’s largest, fastest-growing websites for women, They say their mission is give women a place to have their say, sparking discussion, promoting healthy debate and, they hope, bringing about positive change. The have a big focus on the Menopause.

ACAS has also publishedguidanceto help employers and managers support staff who are affected by menopause symptoms at work. Since its original publication in October 2019, it has received approximately 85,000 unique page views.

Reasonable adjustments that might be needed

Temperature control
An organisation should strive to achieve a comfortable working temperature for employees, allowing flexibility within its dress code where reasonable. Air conditioning systems, chilled water and desk fans should be provided as appropriate

Flexible working
Most organisations recognise that difficulty sleeping is a common symptom of the menopause. To reflect this, as well as the impact of other common symptoms, companies should aim to facilitate flexible working wherever possible. Requests for flexible working could include asking for:

A change to the pattern of hours worked.
Permission to perform work from home.
A reduction in working hours; or
More frequent breaks.

Employees should discuss such requests with their line manager/HR.

Depending on the circumstances, requests are usually approved on a permanent or temporary basis.

Law relating to the Menopause

Health and Safety at Work etc Act 1974
Employment Rights Act 1996
Equality Act 2010
Data Protection Act 2018
Management of Health and Safety at Work Regulations 1999 (SI 1999/3242)
Flexible Working Regulations 2014 (SI 2014/1398)
General Data Protection Regulation (2016/679 EU)

Discrimination and Equality Issues
The Government has indicated it is sympathetic to amending the Equality Act in order to take account of the legal case authorities and social awareness of the detriments caused to women with menopausal symptoms. The Equality Act covers the situation indirectly through the Protected Characteristic of Disability, but the thinking is that the “Menopause” in its own right should become a 10th Protected Characteristic in that statute. And this has implications for GDPR and specifically processing Sensitive Data.

The menopause can, depending on the severity of the symptoms, amount to a disability for the purposes of the Equality Act 2010. Employers must ensure that they do not treat employees less favourably than others as a result of a disability and must also make reasonable adjustments as required to ensure that disabled employees are not disadvantaged as a result of their disability.

Employers must also ensure that employees experiencing the menopause are not indirectly discriminated against. For example, a requirement to wear a uniform made of uncomfortable, synthetic fabric could indirectly discriminate against an employee experiencing regular menopausal hot flushes on grounds of disability, sex, and age.

The Equality Act 2010 also contains provisions on harassment. Harassment is defined as unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Employers may be liable for the actions or comments of employees. It is therefore important to ensure that employees receive adequate training on appropriate behaviour.

Data Protection Implications
Any organisation must process any personal and sensitive data collected in accordance with its data protection policy. Data collected from the point at which the organisation becomes aware of a menopausal issue should be held securely and accessed by, and disclosed to, individuals only for the purposes of providing the necessary support.

One of the other principles is that of data minimisation, which requires organisations to delete data once it is no longer necessary to process it. In light of this, line managers should record only the personal information required to manage any issues arising from the menopause and ensure that this information is not kept longer than necessary.

Landmark Cases

Merchant v British Telecom (2012)
Davis v Scottish Tribunal Service (2018)
Mrs A v Bon Marche Ltd (2019)

A note on each of these follows below:

Merchant v British Telecom (BT) (2012)
Ms Merchant was being performance-managed for capability concerns. Her manager had received a report from her GP which indicated there were health issues related to menopause. He chose to disregard medical evidence and dismissed her for poor performance. He also made the additional mistake of relying on his own personal experience of his wife having undergone the menopause. Rather than relying on fresh medical evidence he relied on anecdotal evidence.The tribunal found against BT, as the manager had failed to follow the capability policy which referred to seeking medical evidence. It also concluded BT would not have treated a male in comparable circumstances suffering with failed concentration in the same way.

Davis v Scottish Tribunal Service (2018)
Ms Davies works as a court officer. She was perimenopausal and had significant symptoms. To treat cystitis, she was prescribed granulated medication to put into water. When she briefly left the court, two male court users were seen drinking water. Her jug had been emptied and she reached the conclusion they had been drinking her water. She spoke to them and explained that they were drinking her medication, at which point one of them started ranting. The Court conducted a Health and Safety investigation And concluded that Ms Davies had not “shown any remorse and had not shown the values of the organisation.” She later amended her story to say because her water was pink, she was mistaken as the men had been drinking clear water. Nonetheless, she was dismissed for gross misconduct despite an occupational health report which confirmed that she had perimenopausal symptoms which affected her memory and concentration. What they had clearly failed to do was consider evidence of the impact menopause had with regard to her behaviour and concentration. Mrs Davies was reinstated and awarded £19,000 – £14,000 of that was back pay and £5,000 due to injury of feelings

Mrs A v Bon Marche Ltd (2019)
Senior supervisor at the retailer and had worked there a long time. Her manager started a bullying campaign, ridiculing her as she was going through menopause. He called her a dinosaur and encouraged other staff to laugh at his comments. During a restructure, her post was unaffected, yet others were encouraged to apply for her role. She suffered some significant sickness absence but did manage to return to her role on a phased basis working shorter hours. However, the claimant’s manager placed her on a full shift for the following week. She resigned and suffered a complete breakdown due to harassment and bullying she had endured. She was successful in her claim of age and sex discrimination. She was awarded £28k.£10,000 was for loss of earnings, £18,000 was injury to feelings as a result of the serious bullying and harassment she had suffered

The Male Menopause

Advice and guidance from the NHS WEBSITE
https://www.nhs.uk/conditions/male-menopause/

“The “male menopause” (sometimes called the andropause) is an unhelpful term sometimes used in the media. This label ismisleading because it suggests the symptoms are the result of a suddendrop in testosterone in middle age, similar to what occurs in thefemale menopause. This is not true. Although testosterone levels fall as men age, the decline is steady atless than 2% a year from around the age of 30 to 40,and this is unlikely to cause any problems in itself. A testosterone deficiency that develops later in life, also known as late-onset hypogonadism, can sometimesbe responsible for these symptoms, but in many cases the symptoms are nothing to do withhormones.

Some men develop depression,loss of sex drive, erectile dysfunction, and other physical and emotional symptomswhen they reach their late 40s to early 50s.

Other symptoms common in men this ageare:
Mood swings andirritability
Loss of muscle mass and reduced ability to exercise
Fat redistribution, such as developing a largebelly or “man boobs”(gynaecomastia)
A general lack of enthusiasm or energy
Difficulty sleeping(insomnia)or increased tiredness
Poor concentration and short-term memory

These symptoms can interfere with everyday life and happiness, so it is important tofind the underlying cause and work out what can be done to resolve it.”

Causes of the Male Menopause -The Midlife Crisis
A “midlife crisis” can also be responsible. Thiscan happen when men think they have reached life’s halfway stage. Anxieties over what they have accomplished so far, either in their job or personal life, can lead to a period of depression. Other possible causes of the “male menopause” include:

lack of sleep
a poor diet
lack of exercise
drinking too much alcohol
smoking
low self-esteem

Late-onset hypogonadism
In some cases, where lifestyle or psychological problems do not seem to be responsible, the symptoms of the “male menopause” may bethe result ofhypogonadism, wherethe testes produce few or no hormones. Hypogonadism issometimes present from birth,which can cause symptoms like delayed puberty and small testes. Hypogonadism can also occasionallydevelop later in life, particularly in men who areobeseor havetype 2 diabetes.

This is known aslate-onset hypogonadism and can cause the “male menopause” symptoms. But this is an uncommon and specific medical condition that is not a normal part of ageing. A diagnosis oflate-onset hypogonadism can usually be made based on your symptoms and the results ofblood testsused tomeasure your testosterone levels.

What to do
If you are experiencing any of these symptoms, see your GP. They will ask about your work and personal life to see if your symptoms may be caused by a mental health issue, such as stress or anxiety. If stress or anxiety are affecting you, you may benefit from medication or a talking therapy, such ascognitive behavioural therapy (CBT).Exercise and relaxation can also help.

The legal position
It is important to stress the point in 6 above.

The UK Government and the House of Commons Select Committee on Equalities have been specific. Any changes to the Equality Act will relate to the Female Menopause only. This would not preclude a man suffering detriments under the male menopause from taking legal action, but the courts would have to determine if the Equality Act, as amended, would allow the case to be heard. If it were heard and succeeded, it would become a caselaw authority. Governments generally change original statutes in the face of court decisions such as the one hypothesised here.

Legal advice on any discrimination case should always be taken before embarking upon litigation!

Ian Hirst
14 August 2023

GDPR explained – necessary proportionate fair

Understanding the GDPR terms Necessary, Proportionate and Fair

The GDPR does not require organisations to gain consent before personal information is processed, it merely requires that a lawful basis is established.

However For the processing to be lawful a legal basis for processing has to be decided upon and this has to be evidenced as necessary, proportionate and fair.

Further, the GDPR requires all of the above be transparent. That is to say the basis and underlying considerations be recorded and made available to data subjects (the people whose data is being processed) before the processing takes place.

Identifying an overarching “legal” basis for processing and outlining this within a “privacy policy” may appear sufficient but in the event of a complaint or breach it is likely to be found woefully inadequate

To meet the “necessary and fair” requirements of the GDPR each policy, process, policy, approach, project or initiative needs to have a legal basis for processing identified and the key underlying principles of Necessary, Proportionate and Fair and met. Additionally final decisions and outcomes need to be transparent; that is to say made available, in an easy to understand manner, to the appropriate staff, stakeholders and service users.

Except in situations where the precise processing activity is specifically required by a Government directive all organisations need to demonstrate, for each and every individual processing activity, that the “necessary, proportionate fair and transparent” requirements have been met.

In the event of complaint or breach organisations will struggle to evidence GDPR compliance

Necessary
Processors need to demonstrate that the processing is ‘necessary’ for a specific purpose.

It is not enough to argue that processing is necessary because it is part of your particular business model, processes or procedures, or because it is standard practice. This does not mean that processing has to be absolutely essential. However, it must be more than just useful or habitual. It must be a targeted, proportionate and fair way of achieving the said purpose.

Processing is not deemed “Necessary” if you can reasonably achieve the same purpose by less intrusive means.

Proportionate
Organisations need to consider the, scope, extent and intensity of the processing.

That is to say consider the impact the processing may have on the data subjects, conduct a fair balance assessment and then explore ways in which the impact of the processing can be reduced.

Processing is not deemed “proportionate” if you can reasonably achieve the same purpose through less intrusive means

Fair
Organisations must use personal data in a way that is fair.

In general, fairness means that you should only handle personal data in ways that people would reasonably expect and not use it in ways that have unjustified adverse effects on them. You need to stop and think not just about how you can use personal data, but also about whether you should.

Assessing whether you are processing information fairly depends partly on how you obtain it. In particular, if anyone is deceived or misled when the personal data is obtained, then this is unlikely to be fair.

In order to assess whether or not you are processing personal data fairly, you must consider more generally how it affects the interests of the people concerned – as a group and individually.

If you have obtained and used the information fairly in relation to most of the people it relates to but unfairly in relation to one individual, there will still be a breach of this principle.

Personal data may sometimes be used in a way that negatively affects an individual without this necessarily being unfair. What matters is whether or not such detriment is justifiable

Organisation also ensure they treat individuals fairly when/if data subjects seek to exercise their rights over their data. This includes for example providing clear information on how to object to the processing and the right to be forgotten

Transparent Processing
Processors must be clear, open and honest with people from the start about how they use the personal data provided. Data subjects have a right to be informed.

You must ensure that you tell individuals about your processing in a way that is easily accessible and easy to understand. You must use clear and plain language.

You must regularly review, and where necessary, update your privacy information. You must bring any new uses of an individual’s personal data to their attention before you start the processing.

The level of detail provided within the privacy policy should be proportionate; in situations where the need for processing may not be readily obvious to the data subject then the privacy policy needs to provide greater detail on the legal basis and how the necessary, fair and proportionate requirements have been met.

Transparency is fundamentally linked to fairness. Transparent processing is about being clear, open and honest with people from the start about who you are, and how and why you use their personal data.

Transparency is always important, but especially in situations where individuals have a choice about whether they wish to enter into a relationship with you. If individuals know at the outset what you will use their information for, they will be able to make an informed decision about whether to enter into a relationship, or perhaps to try to renegotiate the terms of that relationship.

Transparency is important even when you have no direct relationship with the individual and collect their personal data from another source. In some cases, it can be even more important – as individuals may have no idea that you are collecting and using their personal data, and this affects their ability to assert their rights over their data. This is sometimes known as ‘invisible processing’.

Getting the right to be informed correct can help you to comply with other aspects of the GDPR and build trust with people, but getting it wrong can leave you open to fines and lead to reputational damage.

Impact Assessments
Whilst the GDPR only requires impact assessments be conducted for high risk activities, they are the perfect way to inform evidence necessary, fair and transparent decisions.

Good practice dictates that impact assessments should be completed, recorded and made available to all staff for each and every policy, procedure, process, initiative, project or assignment.

Such an approach delivers the best opportunity to keep personal data safe.

Recording Processing Decisions
Organisations are required by law to document all their data processing activities. This means data controllers you need to maintain an internal record of all processing activities carried out by any processors on behalf of your organisation.

In the event of complaint or breach the ICO may require organisations to demonstrate that processing is in line with the accountability principle and may require you to provide records of processing activities to them.

For processing to be lawful organisations need to be able to justify a legal basis for the processing and evidence that the requirements for “necessary, fair and transparent” have been met.

Additionally Data Controllers need to ensure that the processing decision information is made available to those tasked with processing the data

Our courses help refresh your knowledge of GDPR and in doing so help your organisation keep personal information.

Concrew Training
August 2023

More Effective Employee Representation – Hints and Tips

Hints and tips on structures, constitutions, rules and boundaries

Introduction and Background
There are an ever increasing number of Employee Forums/Works Councils being set up across the private, public and not for profit sectors. These usually run alongside collective bargaining frameworks, negotiated with recognised trade unions, or operate in the absence of such agreements. Where union representation is not present, or only limited numbers of staff are represented by unions the forums play a pivotal role in situations where workforce consolation is required by law. When set up correct Employee Forums cam also make a valuable contribution to ongoing business development and operational success.

This briefing note sets out typical good practice working arrangements for Employee Forums, which are normally documented within an agreed constitution or rule book. For the sake of clarity, the terms used in this briefing are Forums, Constitutions and Constituents, the latter being the designation used by ACAS in their Code of Practice to describe those taking on the representational role. The arrangements described below therefore reflect good practice as we have encountered in our work across all sectors and the ACAS Code. Obviously, what is described here is a generic framework which our clients often use as a basis for creating arrangements reflecting their own working culture
and specialist interests. Our training courses capture all the matters outlined below as well as the key personal skills and technical knowledge representatives would normally need to when taking on the Forum role.

Overarching Scope of an Employee Forum Constitution
There are 4 typical structures that underpin employee representation schemes.

Model One – Trade Union/Collective Bargaining
Employee reps: Determine rate of pay being soughtand/or Respond to employers offer Negotiate other changes to terms and conditions of employment Act as first reference points in collective redundancy situations

Model Two – General Employee Rep Scheme
Employee reps: Receive management proposals on policies or procedures Seek feedback from members Report back to a joint forum of management and staff Proactively seek out other ideas and issues from members on wide range of workplace issues of concern/interest to staff And feedback to a joint forum

Model Three – Specialist Forums or Working Parties
Some have statutory remit such as Health and Safety Some have policy oversight on a given issue eg Equality and Diversity Some have limited shelf life concerned with raising visibility and implementation of a given issue. Prevailing topics include Mental Health/Well Being or Menopause policy Employee reps perform similar two way feedback role as per Models 1 and 2

Model Four – Advocacy Model
This often runs alongside either Model One or Model Two or might even be separate Employee reps act as first port of call for staff involved in either disciplinary or grievance issues Employee reps are essentially listeners who often signpost people to procedures and options Employee reps don’t act as sleuths but can represent/accompany an employee to a disciplinary or grievance meeting and/or appeal.

Clear boundary protocols operate with all four models. There is sometimes overlap between Mode1
and Model 4. There is sometimes overlap between Model 2 and 4. Sometimes employee reps in Model 3 (specialist) will have ‘seat’ on Model I and 2 acting in liaison or link up capacity

Key Elements of Constitutions
There are at least 15 headings normally made clear in any written constitution. These include:-

Links to Values and Commitments
Your Mission & Vision workplace culture will probably signal that you value the views of all members of the workforce. Forums should aim to foster a positive working environment where people feel their contribution is welcomed and that they are treated fairly and consistently. And with a culture of openness, honesty, mutual support and learning, committed to providing staff with opportunities to contribute to the ongoing development of the workplace.
Management responsibilities
It is usually made clear that the management commits to consultation and/or negotiate in good time in an appropriate manner, listening to contributions and explaining final decisions. There are clear definitions of the differences between consultation and negotiation. Managers ultimately remain responsible for making final decisions and forums are not intended to bypass normal line management reporting channels.
Objectives of the Forum
Forums have the overarching task of helping to enable the free flow of open and honest communication both upwards and downwards, ensuring that employees have a clear understanding of relevant objectives and policies and actively encouraging commitment to them. These are often set out across three main points.
1. To provide a mechanism by which employees can contribute, where appropriate, to the decision making process
2. To enable joint problem-solving within the organisation
3. To improve the working environment through the development of increased understanding and mutual trust and sharing of ideas in an open and honest manner.
Representation arrangement
Representation Arrangements usually say that Employee Representatives will attend the Forum from all parts of the organisation. There is therefore normally appropriate pro rata numerical representation across, and for, all pockets of the organisation. A Director of HR or senior manager will normally be responsible for ensuring the correct mix of members
Remit and Role of an Employee Representative with protocols
Representatives act as a collective voice for employees and volunteers and contribute to developing a climate of trust where individuals can be confident that their opinions are valued. Representatives must ensure the views they represent are put forward appropriately rather than any personal viewpoints they may have. Representatives voice their views frankly and freely to enable managers to gauge the likely reaction of employees at an early stage in decision making. Representatives should have the opportunity to put forward fresh ideas and proposals from colleagues. Representatives should possess or be able to develop skills such as listening, presentation, diplomacy and the ability to help build trust, co-operation and understanding of the need for change within the company
Terms of Office for Employee Representatives
Typical Terms of Office and Eligibility state that Employee Representatives will be appointed for a fixed term but may stand down for good reason during that period by notifying the Chair who will arrange for an alternative appointment to be made. To be eligible to stand as a forum representative and to ensure meaningful and consistent representation of their constituents, candidates must often have at least six months remaining on their contracts.
Officers of the Forum – Chair and Secretary -Duties-
The Chair of the Employee Forum will either be appointed from the membership of the Forum, or a designated HR officer will take on the role. It is also usual for an HR officer to take on the role of Secretary. Whoever the Chair, they must ensure that all parties have an opportunity to express their opinion and that discussion does not wander from the subject under consideration. S/he should also allocate tasks appropriately between members so that all have an opportunity to contribute. The Secretary will gather items and papers for the agenda, circulating meeting notices and agendas, taking and circulating meeting minutes, dealing with any correspondence taking action on matters as instructed by the forum
Others invited to Employee Forum meetings
Arrangements usually say that management may, with the agreement of the Forum Representatives, invite other people to a specific meeting if they believe that the subject(s) under discussion would benefit from specific input by such person(s). Employee Representatives may request the involvement of others on the same basis
Time allocation and scheduling for Forum meetings and business
It is usual to have at least one meeting a quarter with the proviso that unexpected events or sudden organisational changes might necessitate extra meetings at short notice. There is usually allocated time during working hours to enable representatives to prepare for meetings ,consult with the staff they represent, attend the Forum meeting and feed back to the staff they represent after the meeting. Good Practice says Line managers should ensure that the time required to fulfil this role does not have a negative impact on the employee representative’s core role and responsibilities in the workplace but should be sufficient to enable them to carry out their duties effectively. Agendas will normally be sent out by the Secretary at least 10 days before the date of the meeting to enable representatives to consult members. Meetings will normally be set in advance at the previous meeting. It is often useful to reconcile the Forum calendar with other key meetings such as those held by the Senior Leadership Team or Corporate Management Group.
Minutes and Records of Meetings
Good Practice includes the production of timely and accurate Forum minutes. These are normally produced by an HR Department member and passed to the Chair of the Forum to ensure accuracy. Agreed minutes are normally circulated within 7 calendar days of the meeting to all staff via the Forum. Representatives are usually responsible for ensuring the minutes are fed back to the employees they represent by whatever means is appropriate to their workplace. Representatives are responsible for ensuring that the employees they represent understand where to find the notes and any other pertinent information.
Indicative Topics for Discussion
This will depend on the company or organisation. Usually, topics include proposed changes to staff terms and conditions, new policies and procedures as well as future plans and prospects which affect all employees. There might also be a focus on key issues such reorganisation and restructuring including collective redundancies and transfers of undertakings Initiatives and activities designed to support employee wellbeing and welfare and foster a positive workplace culture and working environment are also other examples.
Indicative Topics NOT up for Discussion
There will always be matters which are for the discretion of directors/trustees, including and in particular any matters which do not directly impact on employee’s terms and conditions of employment. Matters that should be dealt with between individuals and their manager(s) are not suitable for discussion. This includes disciplinary, performance, absence, grievance, pay and benefits packages, training and development, or other issues that solely relate to an individual employee.
Confidentiality Clauses
Most modern organisations are committed to openness and generally matters under Forum discussion will not be treated as confidential. However, management usually reserves the right to require Forum members to keep information confidential if they consider it reasonably necessary for business reasons. This will usually be set out to representatives before information is shared, along with the period of time for which the restriction applies. Where appropriate, representatives will be advised as to what to feed back to their constituents in respect of matters deemed confidential
Reporting Back.
It is normally the responsibility of Forum Representatives to seek the views of their constituents on issues and to report back what has happened at meetings as soon as possible to their constituents. Most organisations will also continue to communicate directly with staff through email, team meetings and other electronic, face to face and written methods, as appropriate as part of the normal management function.
Training for Forum Representatives
Forum protocols usually state that members may request training in order to undertake their roles in the usual way. Where there is a common need for training e.g., to ensure representatives understand their role, this will usually be arranged centrally by HR. Specific individual training needs will normally be met via the normal process of appraisal and identification of development needs.

Support with Implementation
Concrew Training offer a range of one day courses designed to support HR and Management Teams Structure and Introduce effective forums and constitutions for generic business development and/or to meet the needs of a pending consultation.

In all situations Concrew Training also provides CPD training for employee reps to help them and understand and deliver their roles better, minimise conflict and enable win-win solutions.

Courses for HR Teams

Courses for Employee Reps

We also offer more focussed support for both HR Teams and Employee representatives when facing TUPE, Redundancy and similar events that demand workforce consultation.