SJ Beale HR Consult – Approved Advisor for Government Growth Vouchers

SJ Beale HR Consult is now an approved advisor for government growth vouchers and can delivergrowth vouchers strategic start-up advice to small and medium sized businesses as part of the Growth Voucher programme.

The new Growth Vouchers scheme offers advice and guidance to businesses taking part and subsidies of up to £2,000 towards the cost of that advice to successful applicants. The programme will then monitor SME performance over the coming years in order to assess the impact that advice has had.

SJ Beale HR Consult can help put strong foundations in place to equip managers with essential HR skills and a strong HR framework to support the business.  Employees are the life blood of any company and should be managed fairly and reasonably with employment law.

The Growth Voucher marketplace provides an accessible and cost effective stepping stone for those people forming a new business”. 

The marketplace is designed to make it much easier for businesses to find providers of strategic advice on key HR topics like:

• Developing skills and employing staff.

• Improving leadership and management;

• Developing skills and employing staff.

Businesses that have been running for a year, with fewer than 50 employees, and have not paid for strategic external advice in the past three years will be able to apply at https://www.gov.uk/apply-growth-vouchers

They will go through a process which will help them identify what sort of advice they might benefit from. Small business network Enterprise Nation has developed a marketplace for business advice where participants will then be able to find a qualified adviser at www.enterprisenation.com/marketplace The Growth Vouchers programme will run until March 2015.

About Enterprise Nation Enterprise Nation is a small business network with more than 75,000 members. Its aim is to help people turn their good ideas into great businesses – through expert advice, events, networking and inspiring books. Enterprise Nation was founded in 2005 by Emma Jones MBE also co-founder of StartUp Britain. Enterprise Nation is also heading up a new initiative which seeks to represent the needs of entrepreneurs, called the Entrepreneurs’ Alliance. It is an umbrella pressure group that includes the Federation of Small Businesses (FSB), the Federation of Private Businesses (FPB) and School for Startups, BusinessZone.co.uk and think tanks Centre for Entrepreneurs and The Entrepreneurs’ Network (TEN) which between them represent 2.5m businesses.

For more information on the Growth Voucher programme and instructing SJ Beale as your HR advisor call 0845 241 1868.

 

Why Do People Work?

colleagues-applauding-during-a-business-meeting-10038964

Source: Free Digital Images/Photostock

I was recently approached by BBC Radio Northampton to talk about why people work – for the love of the job or the love of money.

For many people money is essential so they can live, buy food, pay their bills and look after their family and most do not have the luxury of being able to choose whether they work or not.  In these cases in order to be fulfilled they must try and find a job that they love.  If a job is laborious and they hate it, deep down they will not be happy and give their all to their employer.  If someone has to work for the money alone it creates anxiety.  They may live in fear of losing their job and the consequences that may occur from that.  It is a sad and desperate situation.  They will be miserable and the situation may consume all their life including their time off.  Individuals who do, however, just work solely to earn as much money as possible may be soul less and selfish – only out for themselves and not enjoying any team spirit that may exist.

Some people work because they love their job.  Volunteers, for example, are not paid, but they work because they get fulfillment from what they do.  There are people who do not need to work because they have plenty of money, but they do so because it allows them to keep busy and prevents their minds stagnating.  Some people who have retired say they miss their job.  That is because work gives someone a purpose in life – something to get up in a morning.  Going to work makes them feel good.

An interesting varied job will give someone job satisfaction, particularly if their efforts are noticed and commented on by their line manager.  That will increase their self esteem and confidence.

Some people go to work for companionship and social contact.  If they stayed at home they might not speak to anyone all day.

Going to work may stretch someone’s mind, allows them to use their skills and gain new experiences.  Many people enjoy their profession.

Work is often an essential part of people’s lives and ideally employers should offer interesting varied work to encourage employee engagement whilst employees get fulfillment from a job well done.

A Guide To The New Flexible Working Regulations

Flexible working for all was implemented on 30 June 2014.  Previously it was only available to flexible_workingwomen with children and carers, now all employees with 26 weeks continuous service can make a request.  Many employers may be panicking at this prospect but there is no need as any request can be turned down for business reasons.  In this blog I provide a guide to the new flexible working regulations. 

There are quite a few changes to the procedure for making such a request, with the old, prescriptive, statutory regime being replaced by a “requirement to deal with the request in a reasonable manner”. This revised approach is reflected in a new ACAS Code.

The basic right to request flexible work is unchanged. Employees can still make up to one written request every year, which the employer can refuse on any of the existing eight business grounds. The maximum compensation for a failure to comply with the new legislation remains at eight weeks’ pay, with a week’s pay currently capped at £464 per week (2014).

Any request must now be dealt with quickly and within a three month time scale, at the end of which the employer must notify the employee of its decision. The ACAS Code recommends that employers should talk to an employee privately after receiving a written request, allowing employees to be accompanied at any discussion, then consider the request carefully before informing the employee in writing of any decision. The employer should then discuss with the employee how and when the changes might best be implemented or allow an appeal.

Although there is no requirement to allow an appeal, the ACAS Code suggests that employees should be allowed to appeal against a rejection. The appeal should be concluded, if possible, within the three month period. If more time is needed for any reason, a longer period should be agreed with the requesting employee. 

The employee must make a written application which should also:

– state that it is an application made under the statutory provisions;

– specify the change that the employee is seeking and when they wish the change to take effect; and

– explain what effect, if any, the employee thinks the change would have on the employer and how any such effect could be dealt with.

It might be beneficial for an employer to draft a standard template to accompany a revised policy on flexible working.

An employer can treat a request as withdrawn when the employee, without good reason, has failed to attend both the first meeting arranged by the employer to discuss the employee’s request or appeal and the next meeting arranged for that purpose. The ACAS Guide suggests that the employer should find out and consider the reasons for the employee failing to attend both meetings before reaching any decision to treat their request as withdrawn. Employers must notify the employee of their decision.

Employers retain the right to refuse a request to work flexibly on the existing statutory grounds, which include cost; quality; performance; insufficiency of work during the periods the employee proposes to work; and planned structural changes. Although neither the Code nor the Guidance require it, employers should not only specify which of the statutory reasons applies when refusing a request, but also provide sufficient explanation as to why that reason applies. The Guidance gives examples of each of the business reasons.

Employers should also:

– Ensure any agreement to change employment terms is recorded in writing;

– Be very clear about what is being expected of the employee who will be working flexibly.  Trial periods can be used if an employer is unsure if the flexible working may not work.

– Review current policies and procedures and amend in the light of the current changes.

 

All requests should be treated fairly and consistently to avoid discrimination.  Keeping written records is essential.  

 

 

 

 

Government Bans Exclusivity in Zero Hours Contracts – Storm in a Teacup?

The government has just set out its proposed plan of action to ban exclusivity in zero hourszero hours contracts contracts in the face of increasing pressure to address alleged abuses.  Exclusivity clauses allow a worker to work for only one employer and given the no obligation nature of a zero hours contract this is just not fair and reasonable.

The government will also consult further on how to prevent rogue employers evading the exclusivity ban.  It will also be working with employers and unions to develop a code of practice on the fair use of zero hours contracts which will be available by the end of 2104 as well as developing improved guidance on workers employment rights. 

Labour is also proposing some introductions, should it come to power, which include: 

– no obligation to be available outside contracted hours;

– a ban on exclusivity;

– a right to compensation if shifts are cancelled at short notice;

– transparency over their employment status, terms and conditions;

– the right to request a contract with a “minimum amount of work” after six months with an employer – this could only be refused if employers could prove their business could not operate any other way;

– an automatic right to a fixed-hours contract after 12 months with an employer.

In my experience with zero hours contracts few employers use exclusivity clauses in them so all this seems to me to be a storm in a teacup.

In the meantime, attention is focused on the wording of the ban in the Bill announced on the 25 June. The challenge is on for how the Government will construct a legislative approach that works. There is no tried and tested statutory definition of a zero hour contract so the potential danger is that any new wording could inadvertently impact on other forms of employment where exclusivity is currently lawful and common practice.

Research suggests that some of the bad practices associated with zero hours contracts flow from a general lack of understanding, amongst both workers and employers, about their nature including employment status and entitlements. The Government hopes to address this knowledge gap by making new information and guidance on zero hours contracts widely available together with a new code of practice.

Employers should anticipate increased interest in the employment status and statutory rights of those on zero hours contracts following the government’s push on transparency. In anticipation, reviewing employment status, ensuring statutory entitlements are properly granted, including holiday pay, and improving the way that zero hours contracts are communicated and understood by managers and workers are all sensible precautions to take.  A good HR consultant can help in this regard. 

Part Time Staff and Bank Holidays

part time staff and bank holidays

Source: Free Digital Images/Stoonn

It’s the time of year when bank holidays are coming thick and fast. There is no automatic entitlement to paid bank holidays however.  It may be easy to allocate full time staff  paid bank holidays, however, for part time staff who may work on different days of the week with either full or part days, therefore irregular hours, the issue of part time staff and bank holidays can pose many a tricky calculation to ensure correct entitlement.  Over the years I have seen this as a thorny issue for many employers.

Statutory holiday entitlement is currently 5.6 weeks which equates to 28 days including public holidays.  To pro rata down 5.6 weeks or even 28 days for part timers they may be disadvantaged, losing out, and it can be more difficult to work out what they can take from their annual entitlement.  If annual holiday entitlement is converted to hours as a single calculation, it is more straightforward and easy to understand for all concerned.  That is what I recommend for inclusion in an employment contract. 

Part timers can be further disadvantaged if the bank holiday falls on a day that they already do not work eg if they only work on a Tuesday, Wednesday and Thursday and the bank holiday falls on a Monday.

Furthermore, therefore, if their holiday entitlement is allocated in hours, when the aforementioned situation arises, the part time employee need deduct no hours from their holiday entitlement, and they can then take it on another occasion.

To work out a part timers holiday entitlement see the example below:

22.5/37.5 x 28 x 7.5 = 126

Explanation:

22.5 = part time hours

37.5 = full time hours

28 = number of annual statutory days

7.5 = hours in a working day

126 = number of annual holiday entitlement hours

For further information: https://www.gov.uk/holiday-entitlement-rights/entitlement

 

 

 

Shiftwork – the Pros and Cons

nightwork

Source: Flickr/Seattle Department of Transportation

I was recently invited by BBC Radio Northampton to speak about shiftwork which is a form of flexible working.  In this blog I look at shiftwork – the pros and cons.

Shiftwork can take various forms – it can be just straight nights, as opposed to just working days.  The double day shift can be 6am to 2pm one week then 2pm to 10pm another week.  The continental shift can be a rolling timetable of an early morning shift, followed by an afternoon shift followed by a night shift.

For an employee shiftwork can have lots of advantages.  It may suit their lifestyle if they have no ties.  An employee can beat the traffic when working shifts as they may not meet peak hour traffic.  They can get stuff done – go to the bank, get their hair cut or the car MOT’d for example.  They can get their shopping done when other people are at work and the children at school.   They can attend appointments with the doctor or hospital and not need additional time off.  Shiftwork may work with an individual’s body clock and they can receive better pay as often the employer will pay a shift enhancement.

The downsides, however, can be they may not be able to use public transport to get to work and back home for example in the early hours of the morning.  Shiftwork could wreak  havoc on their personal and social life.  It’s no good if all the parties are taking place whilst you are at work and your partner might not be too happy.  It can wreck a person’s body clock causing tiredness and fatigue.  There could be a threat to health.  It has been reported that there is an increased risk of getting cancer when working nights regularly for example and individuals could be at risk of a vitamin D deficiency if they receive inadequate exposure to sunlight.

For an employer the benefits of shift work can be the ability to keep the production line flowing for example with a 24/7 operation which can meet customer demand.  With shift work an employer can provide continuous cover as is needed in the NHS and care homes for example.  Employers must however, be mindful of employment law related to shift work, notably health and safety and the Working Time Directive legislation.

Employers should do a health and safety risk assessment for night workers looking at workload activity, rest periods and breaks for example.  With the Working Time Directive employers should ensure there  is an eleven hour gap between shifts.  Employees should be given one day off every seven days or two days off every fourteen days.  Night workers should be given regular health checks.

 

Jeremy Clarkson and the Final Warning

Last week Jeremy Clarkson was in the news for apparently using the “n” word.  This latest utterance is the most recent in a string of what can only be deemed racially discriminating outbursts.  It seems that the BBC has had enough and given Clarkson a final warning that will remain on file indefinitely.

His previous comments include:

“If it turns out that a Malaysian customs officer cannot be bribed, I shall renounce Christianity and move to the Orkneys where, I’m told, everyone is Lucifer’s best mate.”

“We know also that the French are rude, the Italians are mad and the Dutch are a bunch of dope-smoking pornographers.”

“Each Wednesday, I have to make a 120-mile journey from Nairobi, south London, to Bombay, near Birmingham.”

“If you happen to be a homosexualist Cypriot, you cannot expect everyone in the whole borough to finance your perversion.”

In March Clarkson used the term “slope” in a Top Gear programme, which is a derogatory term for people of Asian descent.

This latest episode where he was reciting what once was an acceptable nursery rhyme that contained the n word which he mumbled but, nonetheless, said was filmed in 2012.  The footage, however, was not broadcast.   Clarkson subsequently apologised after forensic investigators confirmed he had said the word in question, but the situation has caused a furore in the press with many commentators calling for his sacking.

So has the BBC acted fairly by issuing a final warning that must remain on file indefinitely?  If Clarkson makes one more offensive remark he will lose his job.

The ACAS code of practice recommends that if a final written warning is issued the following should apply:

A final written warning should set out the nature of the misconduct or poor performance and the change in behaviour or improvement in performance required (with timescale). The employee should be told how long the warning will remain current. The employee should be informed of the consequences of further misconduct, or failure to improve performance, within the set period following a final warning. For instance that it may result in dismissal or some other contractual penalty such as demotion or loss of seniority.

Whilst the BBC have complied with many of the principles, having an indefinite final warning hanging over Clarkson with the threat of his every word being scrutinised is arguably quite harsh and misinterprets the ACAS code the aim of which is promote fairness.  It could be difficult for this controversial figure who has a history of being outspoken to comply. although he must do his utmost to do so.

I usually recommend to my clients that a final written warning should remain on file for twelve months and sometimes two years if the behaviour that warrants the warning has been sufficiently serious.  If the employee commits another offence whilst the warning is live, then dismissal could be the next step.  I also recommend that after the warning has expired the paperwork relating to that disciplinary situation is destroyed so it can not be used against the employee in future.

If Clarkson does not agree with this decision he can of course appeal.  He could also put in a grievance about the unfairness of the indefinite warning.

 

 

 

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How To Be A Family Friendly Employer

parents

Source: Free Digital Images

If you have school age children and you work you will no doubt have noticed what appears to be the huge number of school holidays the children seem to have.  In Northamptonshire the children have just enjoyed a two week Easter break, the May day bank holiday weekend and in another few weeks time it will be Whitsun half term.  Trying to juggle childcare and work can be a nightmare.  In this blog we give advice to businesses on how to be a family friendly employer and ease the way for employees who may be stressed working parents because of this situation.

The government recently announced changes to the child care voucher scheme.  Currently child care vouchers could enable an employer to be family friendly.   From autumn 2015 almost two million working families could get a tax free allowance of up to £2,000 per child to help pay for childcare.  Parents who are both in work with children under the age of 12 will be able to get a 20% rebate per child on the annual cost of childcare. The Tax-Free Childcare scheme will replace the existing childcare vouchers programme, which is only available when offered by an employer.

The existing childcare voucher scheme will remain in place until the new system comes in during 2015.  For a long time childcare vouchers have been the most popular employee benefit in the UK.  Through salary sacrifice employees can benefit from tax and national insurance breaks when they take up the vouchers.  They can be used for nursery care, childminders, au pairs as well as play schemes during school holidays and after school clubs.  It costs an employer relatively little to set up a childcare voucher scheme yet can bring huge benefits to working parents.

If an employer is unable to offer a child care scheme to their employees, it is useful that they can provide information to working parents of where there are schemes in the area.

Flexible working has been available for quite a few years for parents with children up to the age of 18 and it is being extended in June 2014 to all employees.  Flexible working can  allow working parents the elusive work life balance helping them to spend precious time with their children and cut childcare costs.  The new legislation being introduced this summer will be less prescriptive than currently in terms of the procedure.  The timescale for responding to requests and setting up meetings will not be set in stone but left to the employer to deem what is reasonable.  Hopefully employers will act reasonably in how they manage flexible working requests.  Many managers are fearful of granting requests in case things go pear shaped.  However if both parties think through the consequences of a request in advance of a meeting then any problems can be aired and hopefully solutions found.

Other ways to help employees with children are to offer discount vouchers and retail cards for theme parks and restaurants which will help summer holiday spending.

Benefits an organisation can offer to enhance its reputation as a family-friendly employer include emergency childcare, school holiday clubs, nursery discounts and travel insurance for family holidays.  Employers can also use  voluntary benefits including retail discounts and savings, to help working parents.

Britain can be a very un-family friendly place to work with only 26% of employers offering a back to work policy according to research done by Mumsnet in 2013.

New legislation covering shared parental leave will come into force in April 2015 and this will  encourage employers to change their provisions of helping parents back to work putting the appropriate procedures in place.  Perhaps many more male employees could be off work for longer periods. 

A good employer will look at developing procedures for enhanced parental leave and emergency care leave.

 

 

 

 

 

Kaizen – The Art of Employee Involvement

continuous

Source: Free Digital Images

I recently watched Digby Jones – The New Troubleshooter a programme on BBC2 that involves a management consultant giving advice to small businesses on how to improve their processes and ultimately their profits.  This week he focused on a small manufacturing organisation, Ebac http://www.ebac.com/ in the North East which has made water coolers and dehumidifiers for years.  In an effort to grow the business through diversification the MD, Pamela Petty, had purchased Norfrost a failing company that had been very successful in the 1980s.  Lord Jones introduced her to Kaizen – the art of employee involvement.  These are the principles on which Nissan works producing over 500,000 vehicles every year bringing high profits to that company.

Kaizen involves all levels of employees in business decisions. Employees who feel as though their opinions and ideas are important are typically happier, more productive employees than those who are not.  Therefore it makes sense to involve employees in decision-making.  Employee involvement can help competitiveness and therefore job security so it is in employees’ best interests.

With employee involvement comes empowerment.  With management demonstrating to employees that their opinion counts, it shows that employees are respected.  Empowered employees are more confident and happy to contribute more.

Employee involvement encourages buy in.  This can be invaluable when difficult changes are planned.  When being asked for their opinion, employees’ dissent may evaporate away to a certain extent and pave the way for successful change thereby reduced conflict.  Not getting buy in can increase low morale and ultimately affect profits.

Employees may bring to the table lots of fresh ideas.  Problems can be solved and profitable ideas can be uncovered.  The old adage “two heads are better than one” can often mean something.  Employees who do work day to day will have a better understanding of works and what doesn’t and can add insight to management perspective.  Top down decision making may not always be the best way forward.

Employees who are involved feel they are a valued part of the team.  The will take ownership of new initiatives if they have contributed and commitment is much stronger.  Employees’ skills and experience can be used to great advantage.

There are several ways in which employees can be involved. Email can be used instead of face to face whereby key questions and issues are raised with employees by senior management.  Face to face is quite common whereby meetings and focus groups can be set up for discussions.  Suggestion schemes are where ideas are put to management.  Project teams can be set up to discuss work organisation.

In addition, a company may set up an employee forum, regular union/management meetings or a works council.

 

Four Reasons to Review an Employment Contract

Much of the work that I do as an HR consultant is reviewing employment contracts and employee contracthandbooks.  This can be due to taking on a new client with existing documents as well as providing this service to existing clients. Here I provide four reasons to review an employment contract.

Employment law seems to change every five minutes.  The government have now decreed that employment law changes should be made April and October each year, but often changes are often implemented outside of these months.    Employment law therefore can move on very quickly and employment terms and conditions can get very out of date if they are not reviewed on a regular basis.  For example pension auto enrolment will be hitting the SME market and it is important to add in an appropriate clause to the contract to comply with statutory law.  This is important if there is no clause relating to pensions in the document or an existing pension scheme is detailed.

Sometimes an employment contract may not contain all the appropriate clauses.  For example I recently reviewed a document that did not contain a continuous service clauses.  This is essential as detailed by the Employment Rights Act 1996.  In a TUPE situation where an employee transfers from one employer to another and possibly again and again, often the only way to track an original start date is by the continuous service date on the contract.  The Employment Rights Act 1996 (part 1) details all the essential clauses that need to be included. http://www.legislation.gov.uk/ukpga/1996/18/part/I

These are:

  • the names of the employer and employee
  • the date when the employment began
  • the date on which the employee’s period of continuous employment, as mentioned above
  • the scale or rate of remuneration or the method of calculating remuneration,
  • the intervals at which remuneration is paid (that is, weekly, monthly or other specified intervals),
  • any terms and conditions relating to hours of work (including any terms and conditions relating to normal working hours),
  • entitlement to holidays, including public holidays, and holiday pay
  • incapacity for work due to sickness or injury, including any provision for sick pay, and
  • pensions and pension schemes,
  • the length of notice which the employee is obliged to give and entitled to receive to terminate his contract of employment,
  • the title of the job which the employee is employed to do or a brief description of the work for which he is employed,
  • where the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date when it is to end,
  • either the place of work or, where the employee is required or permitted to work at various places, an indication of that and of the address of the employer,
  • any collective agreements which directly affect the terms and conditions of the employment including, where the employer is not a party, the persons by whom they were made, and
  • terms relating to where the employee is required to work outside the United Kingdom for a period of more than one month

A copy of the employment terms and conditions should be provided to the employee within eight weeks of commencing employment.

Another reason for an employer to review an employment contract is when they wish to make changes and negotiate new terms.  A review of the existing terms first may highlight the changes that need to be negotiated.  However, the employer can not change terms and conditions of employment on a whim, there needs to be clear justification, not least, to convincingly explain the situation to employees. It is important that all the terms are clear.  Often I come across contracts that contain discretionary clauses.  When discretion is used to make judgements human subjectivity can come into play possibly leading to discrimination when one employee is treated less favourably than another.  Rather than have discretion, clauses should be clear to avoid any discriminatory variances.

Following a merger or acquisition where two companies (or more) may come together, a company may be faced with various terms and conditions.  An employer may wish to harmonise terms and conditions following a TUPE situation for various reasons – difficult business conditions, simplicity, cohesion, redress imbalances, restrictive convenants or difficulty with providing benefits.

Previously with TUPE legislation it was impossible to change terms and conditions post-merger except for an ETO (economic, technological or organisational) reason as previous terms were protected.  However since 31 January 2014 the law has changed. Businesses with collective agreements may negotiate a change one year post-transfer provided the changes are not less favourable.  Contractual changes will be permitted for economic, technical or organisational reasons with the agreement of the employee and or where a contractual right of variation exists.  However, the latter does not permit an employer to unilaterally impose a change and consultation should always be undertaken and written agreement gained.

If a contract is reviewed and changes are to be made consultation with and written agreement from employees is essential.  Employees can be provided with a brand new set of employment terms and conditions to sign or may be issued with contract variation letter with copy for signature depending on the extent of the changes.