The Predictable Working Act received Royal Ascent on 19 September 2023, it introduces a right for workers to request a more predictable working pattern, intending to redress the imbalance of power between some employers and workers in atypical work, encouraging workers to begin conversations with their employers about their working patterns More information at https://www.gov.uk/government/news/millions-get-more-power-over-working-hours-thanks-to-new-law
Statutory Instrument 2004 No. 3426, The Information and Consultation of Employees Regulations 2004 came into effect on 06 April 2005; but few employers and even fewer employees know of them. Disappointing really, when implemented correctly they offer significant benefits to staff, management and the business as a whole. The ICE regulations give employees in the UK a statutory right to demand information and consultation arrangements, such as employee forums, in their workplaces. The regulations apply to all commercial organisations with 50 or more employees and are triggered when a the higher of 2% or 15 employees request the arrangements be put in place. Requests can be made individually or collectively. When individual requests are made they work cumulatively over any 6 month period. Find out more at: https://www.gov.uk/guidance/the-information-and-consultation-regulations#user-satisfaction The most common benefits, identified through our courses for employee reps are: Enables employers and employees to communicate, consult and negotiate effectively with each other. Having representatives can encourage employees to voice their views frankly and freely. Can nurture good employment relations: employee representatives can act as a useful sounding board for management on plans they have for the organisation Can be particularly effective identifying problems in the workplace and helping to diffuse potential conflict at an early stage Make negotiations more effective: representatives can make well thought out recommendations that have the backing of the employees they represent and reflect the wider company interests Raise creativity: effective representation can help employers tap into the expertise and creativity of their employees. Promote employee health and wellbeing: research has shown that one of the main causes of stress at work is a lack of control over how employees do their job. Having a say in decision making is especially important during periods of instability or rapid change. Issues discussed by employee representation forums are diverse but often include: Contracts of Employment Covid 19 aftermath Customer Service Domestic Abuse Dress Codes Equipment Equalities Forum Rules Fund Raising Induction and Training Health & Safety Holidays – staff Mental Health Menopause Pay and Bonuses Premises Recruitment Redundancies Remote Working Restructuring Safeguarding Sexual Harassment Staff Surveys Social Media
Outstanding feedback from delegates on our latest course for Employee Representatives. It is always expected but nevertheless fantastic to read. Examples Include: “incredibly interesting, engaging and delivered with dynamism – Kudos” “Very Effective and Great Quality” “Very engaging, very well presented and managed. To learn a lot”
On 4 September 2023, NHS England launched its first ever sexual safety charter. Signatories commit to taking and enforcing a zero-tolerance approach to any unwanted, inappropriate and/or harmful sexual behaviours within the workplace, and to ten core principles and actions to help achieve this. https://www.england.nhs.uk/long-read/sexual-safety-in-healthcare-organisational-charter/ Clear “Zero Tolerance” charters, policies and procedures coupled with regular update training for managers and staff on what sexual harassment looks like and how to respond to it are essential for all businesses. The NHS charter is an excellent example of what all businesses and organisations show have in place. Concrew Training’s courses on preventing sexual harassment at work can be adapted to train staff at all levels. Image: harassment – later accusation, belated accusation, many years later by valeriy osipov used under CC BY 4.0
“Failure to use BCC correctly in emails is one of the top data breaches reported to us every year” say the ICO. The Information Commissioner’s Office (ICO) has today issued a warning to organisations to use alternatives to the blind carbon copy (BCC) email function when sending emails containing sensitive personal information. Read the full ICO publication HERE
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’ …
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
“The Information Commissioner’s Office (ICO) is producing guidance on biometric data and biometric technologies. The first phase of this guidance (draft biometric data guidance) is now published for public consultation. The second phase of this guidance (biometric classification and data protection) will include a call for evidence early next year. The draft biometric data guidance explains how data protection law applies when you use biometric data in biometric recognition systems. The ICO consultation will run from 18 August to 20 October 2023.” The above extract is from the ICO website for more information Ian Hirst 20 August 2023
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
Thousands of workers at Fuller’s will receive training to prevent sexual harassment, following a legal case supported by the Equality and Human Rights Commission (EHRC). As part of the settlement, Fuller’s has apologised to the employee and agreed to implement mandatory sexual harassment training for kitchen and front of house staffacross their national network of pubs. read more about this on the EHRC website This case coupled with the issues at MacDonald’s illustrates why all employers need to consider sexual harassment for all staff as mandatory. HR and operational teams need to ensure robust “not here” policies are in place and that they have the skills and knowledge to deal with issues, robustly, when the they arise. Our courses can help. Main Image:harassment – later accusation, belated accusation, many years later by valeriy osipov used under CC BY 4.0
