Archive
Month: October 2023
Redundancy – ending employment
If you’ve followed a fair and robust redundancy process and found that there is no alternative but to end the employment of the ‘at risk’ employees, here’s what you’ll need to consider.
Notice – if you have the contractual right you could place the individual on garden leave or pay them in lieu of notice. Alternatively, you could ask them to serve out their notice.
Redundancy pay – this is based on the individual’s length of service on the last day of their employment (the government calculator is a useful tool). Don’t forget that if you have a redundancy policy it may require you to pay amounts greater than the statutory redundancy payment.
Holiday – employees are entitled to holiday pay for accrued untaken leave when they depart. This can be paid as a lump sum or with appropriate notice you can require them to use their remaining holiday during their notice period.
Outplacement – a great way of reducing the possibility of litigation and creating a positive end to employment. The individual secures CV writing skills, support with job search, coaching and interview skills training. Get in touch if you’d like to find out more.
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Neurodiversity – conversations with confidence
Approaching a conversation with a colleague regarding any medical condition can be challenging – knowing what to say, when to say it, and how to say it isn’t always easy.
But with the right tools, knowledge and awareness, managers can confidently approach conversations about neurodiversity and provide colleagues with the support they need. Here are some of our tips:
Choose a setting – find a private, neutral space (outside the workplace if needed) free from interruptions and distractions, and clear your diary to make time so you don’t appear rushed. Keep your body language open and non-confrontational – remember that some neurodivergent individuals may find it difficult to read ‘typical’ social cues.
What to say – ensure you’re able to actively listen to what the individual is sharing. Ask open questions to encourage discussion and avoid making assumptions or comparisons with your own experiences (unless you have the same condition, of course). Following a clear agenda for the conversation will help to keep you on track. We have one in our toolkit.
Objectivity – be aware of their feelings and experiences, even if they differ from yours. Avoid your own expectations entering the conversation of how they could be dealing with their neurodiversity.
Support rather than solutions – be knowledgeable about sources of support that are available (EAP, charities etc.) and know who to signpost them to if needed. Encourage individuals to share what might help them with their neurodiversity instead of jumping to solutions that may not be appropriate.
Keep an open dialogue – agree and diary when you’re next going to check in, and agree on what they may want to share with their team about any changes being made. If an individual is off sick, stay in touch and carry out a return-to-work meeting when they return.
Record – keep a written record and notes of conversations (including dates, times and what was discussed). An accurate paper trail is vital if you need to rely on your records in the future.
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Legal lightbulb – people law, policy and practice
As part of keeping you in our focus, our ‘legal lightbulb’ update ensures you’re on top of the latest changes in legislation, case law, and people trends.
Employment tribunal statistics
2022/23 costs and compensation:
- Disability discrimination claims received the largest average award (£45,000) compared to other discrimination claims
- The highest maximum award was £1,770,000 for disability discrimination
- The mean award for unfair dismissal was £12,000 across 790 claims receiving compensation
Auto-enrolment bill receives Royal Assent
The Pensions (Extension of Automatic Enrolment) Act 2023 gives the Secretary of State the power to make two key changes:
- To reduce the age for being automatically enrolled into a pension scheme (from 22 to 18 years old); and
- Remove the lower earnings limit for contributions meaning auto-enrolment contributions start from the first pound, not just those over £192 per week.
We currently have no set implementation date but will update you when we have more details. Obviously, there is nothing stopping you from adopting the changes before the legislation comes into force.
Data Protection and Digital Information Bill No.2
The government’s aim is to simplify the UK’s data protection framework – in particular, they’re suggesting that record keeping of personal data will only be required where processing results in a high risk to the rights of individuals (the Information Commissioner’s Office will need to publish guidance on what constitutes ‘high risk’).
Employers with less than 250 employees are exempt from record-keeping duties unless their data processing activities carry a high risk to the rights of individuals. The bill is currently working through the House of Commons and is due its third reading stage.
People dates for your diary
21 November – Carers Rights Day | Raising awareness of rights and challenges of unpaid carers
25 November – White Ribbon Day | Preventing violence against women and promoting gender equality
07 December – Christmas Jumper Day | Save the Children’s annual fundraising event
02-08 December – National Grief Awareness Week | Supporting those who may be grieving and create better understanding of the grieving process
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Identifying neurodiversity
What exactly do we mean when we say neurodiversity? What conditions does it include? What are possible indicators?
If you have a colleague who explains they’re neurodivergent (or you suspect may be undiagnosed) you’ll need to know more.
With neurodiversity comes terminology unfamiliar to some. Here are the key terms you may hear and what they mean:
- Neurodiverse – the concept that humans’ brains work in many different ways and there’s no singular ‘right’ way of thinking, learning, processing information or behaving.
- Neurodivergent – people who have differences in their neurological development and functioning.
- Neurotypical – someone who fits the societal ‘norm’ and has typical neurological development and functioning.
Neurodiverse conditions can include autism, ADHD, ADD, dyslexia, dyscalculia, dyspraxia (difficulty with reading, maths, and coordinated movements respectively) and many more.
Each condition is different and has different symptoms. Many people remain undiagnosed – it’s estimated that 700,000 people in the UK are autistic but undiagnosed. Knowing the signs of possible neurodivergence is important – watch out for (but not limited to):
- Physical – sensory differences, repetitive behaviours, pacing, physical tics.
- Emotional or behavioural – low attention span, intense curiosity, difficulty communicating, sensory sensitivities.
- At work – rapid speech, impulsive actions, hyper-focus, easily distracted, difficulty dealing with change.
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Webinar catch up – ‘Simplifying Redundancy’
If you missed our recent webinar, ‘Simplifying Redundancy’, you can watch the session on-demand here.
We explain how simplifying the redundancy process creates better business and people outcomes, specifically:
- Exactly what ‘simplifying’ the process means for your business and people
- How to leverage technology to create a smoother and more compassionate people experience during redundancy
- How a simplified process will allow you to manage more effectively the mental health and productivity impact of a redundancy process
The session includes employment law, HR technology, outplacement and coaching expertise from across our Empowering People Group to share unique insights covering every stage of the process. Definitely worth a watch!