Archive

Category: General

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.

Record long-term sickness absence

2.5 million employees are reported to be on long-term sick leave in the UK. We know statistically and from our own experience that the longer an absence persists, the less likely an employee is to return to work. Simple steps can help support employees back to work:

  • A clear absence policy supports managers and employees to understand expectations and when intervention can be expected
  • Balanced, proactive communication ensures the employee feels informed and understands next steps
  • Welcome back meetings (some call them ‘return to work’) ensure the employee understands the support available and the next steps if there is further absence
  • GP or occupational health support provides medical insight and support (provided their involvement is requested appropriately).

It can sometimes be tricky to know what options are open to you when managing long-term absence, we’re here to help.

ACAS guidance on whistleblowing

ACAS recently published new guidance on whistleblowing for employers and employees. It’s not always clear if an employee has ‘blown the whistle’ and can be tricky to understand your options (again, that’s what we’re here for). The new guidance provides a helpful breakdown and practical examples of:

  • Who is protected by the law on whistleblowing and when it applies
  • Legal protections from detriment
  • The type of disclosures protected
  • How employees can make a disclosure and how you should respond
  • What your whistleblowing policy should cover (we have one on Intelligent Employment here)

People dates for your diary – September 2023

18 | International Equal Pay Day

18-22 | International Week of Happiness at Work

25-29 | National Inclusion Week

Get in touch if you’d like to discuss anything we’ve covered in more detail.

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.
Posted On: July 31st, 2023By |

Redundancy – when do you need to pool?

When you have more employees than roles available, you may need to ‘pool’ ‘at-risk’ employees to fairly decide who remains at risk of redundancy.

Be clear on the roles at risk – identifying which roles need to be pooled isn’t always as easy as it sounds. Do you have different job titles or job descriptions for the same roles, have job titles and job descriptions not kept up with the roles individuals are actually doing? This all needs to be considered.

Identify individuals carrying out the pooled roles – do a number of individuals interchange between different roles? In which case would it be reasonable to include those individuals within the pool?

Consider individuals at other sites – where individuals move around sites and all do the role that is at risk, consider whether each of those individuals needs to be pooled.

Bumping – bumping occurs when an ‘at-risk’ employee is retained in favour of an employee who isn’t at risk (usually as they have better skills for the retained role). While there is no obligation to bump, you need to consider whether it’s appropriate to do so and make a note of your thought process.

Consult – once you’ve decided on your pool, you’ll need to ensure that you discuss the pool with ‘at-risk’ individuals before going ahead and applying selection criteria. A fair redundancy process includes giving individuals the right to challenge the pool before scoring ‘at-risk’ individuals.

Get in touch if you need advice or support when planning or managing a redundancy situation. 

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.
Posted On: July 24th, 2023By |

The problem with people policies pt.3

The last but certainly not the least of our ‘3Cs’ – contemporary tone. In this final update, we’re looking at how the tone of your policies will help them remain engaging, relevant and true to your business values.

It’s not what you say but the way that you say it – never truer than in respect of your people policies. Here are my top tips…

Choice of words straight-talking and plain-English. Engaging and clear language will immediately create a more accessible document and something employees actually want to read. Did you know, around 60% of employees will avoid reading your handbook?

Inclusivity – make sure to drop any-gendered or non-inclusive language so that you’re creating universal appeal.

A feast for the eyes – illustrating processes with flowcharts or getting your message across with images or graphics can really help to break up what are often text-heavy documents.

Layout – setting out your policies so they align with the employment journey will help to make them easier to navigate.

Tech – there are almost endless possibilities with tech to help create something unique. Whether that’s incorporating video-based content to deliver key messages or building something interactive and tactile – the sky’s the limit!

Contact me here if it’s been a while since you’ve given your handbook or people policies the once over! Whether it’s a review or update, we’ve got a solution to fit.

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.
Posted On: July 24th, 2023By |

Changes to flexible working requests

The Employment Relations (Flexible Working) Act 2023 was supposed to make requesting flexible working a day one right. We’ve just heard that’s now not the case (yet).

Employees will still need to have 26 weeks’ service before they’re able to make a request. However, the Act does bring in several changes to how you manage requests.

What’s changing?

  • Employees can make two flexible working requests each year (instead of just one);
  • You have to deal with requests within two months (instead of three);
  • You need to ‘consult’ with employees before refusing a request – unhelpfully, no definition of consultation has been provided at this stage;
  • When making a request, employees are no longer required to explain how any challenges resulting from their proposed flexible working arrangement should be dealt with.

What’s not changing?

  • Employees still need 26 weeks’ service before making a flexible working request. However, we expect the day-one right to come at a later stage through secondary legislation;
  • The Act won’t introduce a legal right to appeal if a request is rejected (although ACAS recommend doing so in their Code of Practice on handling flexible working requests).

Get in touch if you need to chat through how these changes will impact your policies and processes. 

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.
Posted On: July 21st, 2023By |

Redundancy – should you be asking for volunteers?

If you’re having to navigate challenging decisions and potential business change, voluntary redundancy (VR) is a route recognised by tribunals as a way of lawfully avoiding compulsory job losses.

So, should you be asking for volunteers?

Why volunteer? – you’ll likely need some form of incentive if employees are going to offer to leave. Whether it’s a lump-sum tax-free payment, payment in lieu of notice, or holiday pay (rather than forcing individuals to take holiday during notice), you generally have the flexibility to offer a package that’s right for the business, but also tempting for employees.

Offer at any stage – VR can be offered at any point in the redundancy process. Usually though, you would offer VR at the beginning of a process as those who volunteer will not need to be taken through the remaining process.

Unfair dismissal – don’t forget that even if employees volunteer for redundancy, in law they’re classed as “dismissed” and so are still able to claim unfair dismissal. You, therefore, need to think carefully about how you frame the offer of VR. Be clear that you’re not prejudging the situation and ensure that your offer of VR doesn’t in any way discriminate against anyone with a protected characteristic.

Setting a deadline – usually a good idea! One of the big incentives for you to offer VR is that you’re unlikely to have to continue with the redundancy process for those volunteering. If however, you’re still going to have to go through the process then the longer their decision takes, the less benefit there is to you offering VR.

Pooling employees – if you’re doing so because you have more employees than roles available, think carefully before you offer VR (particularly if the VR offer comes before the scoring process). If individuals volunteer who you’d have preferred to keep, turning down their offer may show that you have prejudged the process and is likely to taint the rest of the discussions making successful unfair dismissal claims likely.

Always take advice before offering VR to ensure you’re doing so fairly, and reducing the risk of possible unfair dismissal claims. We have solutions to support – get in touch.

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.
Posted On: July 19th, 2023By |