Employment Law

DALL·E 2024-10-25 09.47.22 - A calm, uplifting image for Mental Health Day with no text. The design features a serene, abstract human silhouette surrounded by soothing elements li

10 10 2024

Supporting Workplace Mental Health. | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Law, General, Health & Safety @sg1businessclub, #bedfordshirebusiness, #consensushr, #Health&Safety, #Mental health, #networkinbeds, #outsourcedemploymentlaw, bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Supporting Workplace Mental Health: An HR Perspective on World Mental Health Day

World Mental Health Day, observed on October 10th, offers a vital reminder of the importance of mental well-being both personally and professionally. As business owners and managers, it’s essential to recognise that mental health is just as important as physical health. Supporting your team’s mental well-being is not only a moral responsibility but can also have a positive impact on productivity, employee retention, and overall workplace culture.

In my experience working with businesses of all sizes, it’s clear that creating a supportive environment requires more than just good intentions. Here are some practical ways business leaders can actively support their teams’ mental health:

Promote Open Communication:

Encourage a culture where employees feel comfortable discussing their mental health without fear of stigma or repercussions. This can be achieved by having regular check-ins and promoting an open-door policy. Simple actions like genuinely asking, “How are you doing?” can go a long way in showing support.

Training for Managers:

Often, managers are the first point of contact when an employee is struggling. Providing mental health training to managers ensures they are equipped to recognise signs of mental health challenges and know how to handle them sensitively. Our Managing Mental Health in the Workplace workshop, for example, educates managers on how to identify and address mental health concerns in a supportive way.

Flexible Working Arrangements:

Flexibility can play a major role in reducing stress. Offering remote work options, flexible hours, or the opportunity for mental health days can alleviate some of the pressures that employees face. Having clear policies that allow for flexibility shows that you care about their well-being.

Access to Resources and Support:

Businesses can provide access to mental health resources, whether through an Employee Assistance Programme (EAP), local mental health charities, or by sharing helpful information and contacts. Providing these resources gives employees the opportunity to seek help when they need it, knowing the company stands behind them.

Workload Management:

A key cause of stress in the workplace is unmanageable workloads. Regularly review employees’ responsibilities to ensure they are realistic. Delegation, another key area we cover in our management development workshops, is essential not only for productivity but for preventing burnout.

Foster a Healthy Work-Life Balance:

Encourage your team to disconnect outside of working hours. Ensure that there are boundaries in place to avoid excessive overtime and provide reminders of the importance of taking breaks. A well-rested employee is more engaged, productive, and happy.

Recognise and Address Workplace Stressors:

Workplace environments can be breeding grounds for stress if not properly managed. Regularly assess the workplace atmosphere and actively work on areas that may contribute to stress, such as heavy workloads, unrealistic deadlines, or inadequate resources.

Supporting Workplace Mental Health. | Consensus HR in Herts & Beds

Why This Matters:

Creating a mentally healthy workplace isn’t just beneficial for employees, but for businesses too. Reduced absenteeism, improved performance, and better team morale are all benefits of promoting mental well-being. On World Mental Health Day, take a moment to assess how your business supports mental health and where improvements can be made.

By addressing mental health proactively, businesses can build a culture that values the well-being of every team member.

For more information on how Consensus HR can help your business develop strategies for supporting mental health in the workplace, feel free to get in touch. Let’s work together to create healthier, happier workplaces this World Mental Health Day.

Matthew Chilcott is the owner of Consensus HR, offering tailored HR solutions for businesses of all sizes. Contact us today for support with managing workplace mental health or other HR matters.

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02 10 2024

Breast Cancer Awareness Month | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Law, General @consensushr, @sg1businessclub, #Bedfordshire @SG1, #breastcancer, #cancer, #consensushr, #networkinbeds, #outsourcedemploymentlaw, #outsourcedHR, #stevenage, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME

Breast Cancer Awareness Month – October 2024 – A Vital Conversation for Businesses and HR:

October is Breast Cancer Awareness Month, a time dedicated to raising awareness about the importance of early detection and support for individuals impacted by this disease. For businesses, this annual campaign presents an opportunity to not only promote awareness but also to reflect on how companies can support their employees who may be affected by breast cancer, either personally or through a loved one. As an HR professional, it is crucial to ensure that policies and workplace culture foster understanding, flexibility, and empathy.

Legal and Compassionate Considerations:

From an Owner, Business Manager or HR perspective, it’s essential to remember that breast cancer, or any serious health condition, can fall under the purview of the Equality Act 2010 in the UK, where employees are protected from discrimination due to a disability. In this case, employees diagnosed with cancer are automatically classified as disabled, which triggers certain legal obligations for employers. This includes making reasonable adjustments in the workplace, such as flexible working arrangements, modified duties, or even changes in the employee’s physical workspace.

Moreover, Business Owners, Managers & HR policies should be reviewed and used to ensure that they include support for employees who may be undergoing treatment or caring for someone with cancer. This can include enhanced sick leave provisions, access to mental health support, and information on relevant employment rights.

Managing Absences and Supporting Employee Well-being:

For employees who are diagnosed with breast cancer, managing work while undergoing treatment can be incredibly challenging. HR can support by creating flexible working arrangements and encouraging open discussions about what is feasible for the employee during this time. Ensuring that employees have access to occupational health services and Employee Assistance Programs (EAP) can provide additional layers of support.

It’s also important to consider the impact on colleagues. A supportive environment is one where team members feel empowered to ask questions, offer assistance, and work collaboratively to fill gaps. Training managers on how to have compassionate conversations and manage team dynamics can make the situation smoother for everyone involved.

Promoting a Culture of Empathy:

Breast Cancer Awareness Month is not only about understanding the disease but also about cultivating a workplace culture that supports health and well-being. Encouraging empathy, providing education, and ensuring your business policies are inclusive and adaptable to employee health needs are key elements of a proactive HR strategy.

At Consensus HR, we advocate for workplaces that are built on understanding and respect. By taking the time this October to reassess how your business approaches serious health matters, you can ensure that your employees feel supported in the most challenging of times.

If you’d like guidance on implementing policies or supporting your team through complex health issues, don’t hesitate to reach out.

Matthew Chilcott
Owner, Consensus HR

Breast Cancer Awareness Month | Consensus HR in Herts & Beds

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Tesco 'Fire and Rehire' Case: A Major Win for Workers' Rights | Consensus HR in Herts & Beds

01 10 2024

Black History Month 2024 – October | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #bedfordshirebusinesses, #consensushr, #equality, #equalityact2010, #equalityanddiversity, Business, Business Owners, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Celebrating Diversity and Promoting Equality:

Black History Month 2024 – October | Consensus HR in Herts & beds

As we celebrate Black History Month 2024, it’s essential to reflect on the progress made in fostering equality, as well as the work still needed to create truly inclusive workplaces. Black History Month serves as a time to recognise the contributions, achievements, and struggles of the Black community in the UK and around the world. It is a powerful reminder of the importance of diversity in every aspect of society, including the workplace.

At Consensus HR, we strongly believe in the importance of creating an environment where everyone, regardless of race, can thrive and feel valued. This commitment is reflected in the UK’s Equality Act 2010, which serves as a fundamental piece of legislation to protect individuals from discrimination in the workplace and beyond.

Race as a Protected Characteristic:

Race is one of the nine protected characteristics under the Equality Act 2010. This means that employers are legally required to ensure that employees are not discriminated against based on their race, which includes their skin colour, nationality, ethnic or national origin. Any form of discrimination—whether direct or indirect—is unlawful under this legislation.

At Consensus HR, we work closely with businesses to help them meet their legal obligations, ensuring policies and practices are not only compliant with the law but also supportive of creating a positive and inclusive work culture. While legislation like the Equality Act provides the legal framework, it’s up to businesses and their leadership to foster environments where diversity is celebrated, and everyone feels empowered to contribute.

How the Equality Act 2010 Protects Against Racial Discrimination:

The Equality Act 2010 covers various forms of discrimination, such as:

Direct discrimination: Treating someone less favourably because of their race.
Indirect discrimination: Applying a rule or policy that, although neutral, disproportionately affects individuals of a certain race.
Harassment: Creating an intimidating, hostile, or offensive environment for someone because of their race.
Victimisation: Treating someone unfairly because they have made or supported a complaint about racial discrimination.

Promoting Diversity in the Workplace:

Beyond complying with the Equality Act 2010, organisations can take proactive steps to ensure racial diversity is embraced within their teams. This includes:

Training and Awareness: Ensuring that all employees, especially managers, are aware of unconscious bias and how it can affect hiring, promotion, and day-to-day interactions.
Inclusive Policies: Reviewing recruitment and promotion practices to remove any potential biases and encouraging applications from a diverse range of candidates.
Support Systems: Implementing support networks or mentoring programmes to help employees from minority groups feel supported and to promote career development.

In celebrating Black History Month, we acknowledge that fostering an inclusive workplace is not just about avoiding discrimination—it’s about actively embracing the diversity that strengthens businesses. By valuing different perspectives and creating an environment where everyone is treated with respect, businesses can drive innovation, creativity, and success.

At Consensus HR, we are here to assist businesses in navigating the complexities of employment law and in creating workplaces that reflect the rich diversity of society. Let’s use this month as an opportunity to take further steps towards equality and inclusion, ensuring that race and other protected characteristics are always respected in the workplace.

Celebrating the International Day of Peace: Building Harmony in the Workplace | Consensus HR in Herts & Beds

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17 09 2024

Tesco ‘Fire and Rehire’ Case: A Major Win for Workers’ Rights | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Recruitment, Redundancy @sg1businessclub, #consensus hr, #consensushr, #fireandrehire, #networkinbeds, #tesco, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

Introduction:

Recently, a significant ruling by the UK Employment Tribunal (ET) has captured the attention of businesses, unions, and employees alike: Tesco has lost a critical case concerning the controversial practice of ‘fire and rehire’. This decision is a monumental win for workers’ rights, sending a strong message to employers about the limitations of using such practices as a negotiating tool. At Consensus HR, we believe it’s essential to keep our clients and the wider business community informed about these legal developments, particularly when they directly impact employee relations and management practices.

Background of the Case:

The practice of ‘fire and rehire’ involves dismissing employees and then rehiring them on new, often less favourable, terms and conditions. Tesco, one of the UK’s largest supermarket chains, recently found itself at the centre of a legal battle when it attempted to implement this strategy. The case was brought forward by the Union of Shop, Distributive and Allied Workers (Usdaw), which represented the affected employees.

The core of the dispute revolved around Tesco’s attempt to change the terms of employment for a group of warehouse workers, aiming to remove a specific benefit that the company had previously committed to as a “permanent” part of their employment package. This commitment was described as having no end date and was a significant factor in the employees’ decision to stay with the company.

AI in the Workplace| Consensus HR in Herts & Beds

The Tribunal’s Decision

The ET ruled in favour of the union and the employees, stating that Tesco’s actions were not only unjustified but also constituted a breach of trust and confidence between the employer and the employees. The Tribunal emphasised that Tesco’s promise of a “permanent” benefit was binding and could not be unilaterally withdrawn without significant justification and proper consultation.

This case highlights the critical importance of clear and honest communication between employers and employees, particularly regarding contractual commitments. The Tribunal’s decision sends a clear warning to employers that ‘fire and rehire’ should not be used as a tool to undermine agreed terms and conditions of employment.

Implications for Employers

Reinforce the Need for Fair Consultation: Employers must ensure that any changes to employment terms are negotiated fairly and involve thorough consultation with the affected employees. Attempting to bypass these steps can lead to legal challenges and damage employee relations.
Review Contractual Commitments Carefully: The Tesco case underscores the importance of understanding the nature of contractual promises. Employers should be cautious when making statements about permanent or ongoing benefits, as these can be legally binding.
Consider Alternative Approaches: Before resorting to ‘fire and rehire’, employers should explore alternative methods of negotiation, such as offering voluntary changes or additional incentives for employees to accept new terms.
Seek Professional Guidance: Engaging with HR professionals or legal experts can help employers navigate complex employee relations issues and avoid the pitfalls seen in this case.

Impact on Employee Relations:

For employees, this ruling is a reminder of the protection that UK employment law offers against unfair changes to employment terms. It empowers workers to challenge practices they believe to be unjust and encourages greater transparency from employers. However, it’s also essential for employees to engage constructively in any consultation process and seek professional advice if unsure about their rights.

Conclusion:

The Tesco ‘fire and rehire’ case is a landmark ruling with far-reaching implications for both employers and employees across the UK. At Consensus HR, we encourage businesses to take proactive steps in managing employee relations and to seek guidance when navigating changes to employment terms. Ensuring fair and transparent practices not only upholds the law but also fosters a positive working environment that benefits everyone involved.

If you have any questions or need advice on managing changes within your team, please do not hesitate to contact us at Consensus HR. Our team is here to help you navigate the complexities of employment law and maintain a productive, compliant workplace.

Contact Us

For further guidance on employee relations and HR management, reach out to Consensus HR. We are dedicated to supporting businesses through the challenges of modern employment.

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10 09 2024

September 2024 Employment Law Newsletter | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #Bedfordshire @SG1, #consensushr, #networkinbeds, #Newsletter, #outsourcedemploymentlaw, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Welcome to our latest September 2024 Employment Law Newsletter | Consensus HR – Herts, Beds. In this newsletter, we focus on:

Labour proposes the right to a four-day week
Indirect discrimination equals the same disadvantage

Labour proposes the right to a four-day week

The news media has been delighting in striking fear into the hearts of employers by claiming that Labour plans to introduce the right for employees to demand a four-day week. The truth is that as part of its proposed new employment law changes, employees will be allowed to request to work compressed hours over four days to allow for three days off.

Speaking on LBC Radio, Education Minister Baroness Jacqui Smith said that compressing work hours and offering flexible working is “actually good for productivity”, enabling people to attain a better work-life balance, spend more time with their family and friends, and encourage more people into the workplace.

In its Election Manifesto, the Labour Government said it will also look at:

Day-one rights — protections, sick pay and parental leave available from day one
‘Right to switch off’ — a new code of practice agreed with employees
Banning fire and rehire
Banning zero-hour contracts
Protections for new mothers
Creation of a Fair Work Agency

Businesses across the UK were invited to participate in a new trial of a four-day working week in the autumn. This follows the major success of a six-month pilot in 2022, which saw many benefits in employee wellbeing, and 56 of the 61 participating companies planning to switch to a four-day work week permanently.

In R (Karmakar) v Royal College of GPs [2024] EWHC 2211 (Admin), the High Court ruled that the Royal College of GPs behaved unreasonably by not offering a disabled candidate the right to repeat an applied knowledge test.

Dr Karmaker was a trainee GP. She sat the Royal College’s applied knowledge test three times and failed. She was subsequently diagnosed with a neurodiverse cognitive profile. She sat the test a fourth time and still failed despite getting a better result.

The Royal College’s policy only allowed four attempts at passing the test but granted Dr Karmaker a fifth try. Again, she failed, but only by a small margin. She asked the Royal College to disregard her first three attempts at taking the test as know reasonable adjustments for her disability were provided. The Royal College refused. Dr Karmaker applied for Judicial Review of the refusal decision, arguing it was an unlawful fettering (rigidly obeying rules or policies created by the organisation itself) following the Royal College’s discretion, irrational, amounted to indirect discrimination, and was in breach of the public sector equality duty (PSED), and the duty to make reasonable adjustments set out in the Equality Act 2010.

The High Court stuck out the claim of unlawful fettering of discretion on the grounds that it did not apply to discretion not created by statute. It also found the Royal College did not breach the Equality Act 2010. However, the Court concluded it was irrational to give candidates who knew they had a disability extra time over several attempts at the test, but not to offer the same to those who discovered a disability later.

Indirect discrimination equals the same disadvantage

In British Airways plc v Rollett and others and Minister for Women and Equalities (Intervener) [2024] EAT 131, due to a restructuring exercise, British Airways cabin crew based at Heathrow Airport had their schedules altered. The Claimants submitted to the Tribunal that the scheduling changes put at a disadvantage:

Employees (predominantly non-British nationals) who lived abroad and commuted to Heathrow, and
Employees (predominantly women) with caring responsibilities.

Some of the Claimants did not share the same protected characteristics (of being non-British, or women) but argued they suffered the same disadvantage as those who did. For example, a British national who lived in France, and a male employee with caring responsibilities.

At the first hearing, the Employment Tribunal (ET) concluded it could hear the indirect discrimination claims. This jurisdiction was based on the European Court of Justice case CHEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia (Case C-83/14) EU:C:2015:480 in which the Court held that a Claimant can establish indirect discrimination even if they do not share the protected characteristic of the disadvantaged group. All they have to show is that they suffered the same disadvantage as the disadvantaged group.

British Airways appealed the ET’s decision. The Employment Appeal Tribunal (EAT) dismissed the appeal, stating that the ET had not made a mistake when it concluded it had jurisdiction to hear the indirect discrimination claims.

It is important to note that the decision on whether British Airways actually discriminated against the Claimants has not yet been made. But employers should be aware that

from 1 January 2024, a new section was inserted into the Equality Act 2010. Section 19A provides that Claimants without the protected characteristic of the disadvantaged group can bring indirect discrimination claims provided they experience the same disadvantage. Section 19A brings the CHEZ decision into UK law.

This newsletter does not provide a full statement of the law and readers are advise to take legal advice before taking any action based on the information contained herein’.

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03 09 2024

Our Eight Best Practices and Legal Requirements for Providing Employee References | Consensus HR

Matthew Chilcott Blog, Employment Contracts, Employment Law, General @sg1businessclub, #bestpractice, #consensus hr, #consensushr, #networkinbeds, #New, bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, references, Small Business, SME, SME's, stevenage

Part Two of Two:

When an employee decides to leave your business, one common task for employers is handling requests for references. At Consensus HR, we are frequently asked about the best practices and legal obligations regarding employee references in the UK. Understanding these aspects is crucial to ensure compliance with the law while also maintaining good business practices.

4. Handling Negative References

If you have to provide a negative reference, tread carefully:

Be Honest but Factual: If you mention any negative aspects, ensure they are based on facts and can be substantiated. For example, if an employee was dismissed for misconduct, you can state that the employee was dismissed and the reason if asked.
Neutral or Minimal References: Some employers prefer to provide only a factual reference (employment dates and job title) to avoid potential disputes.

5. Data Protection Considerations

Under the UK General Data Protection Regulation (GDPR), employees have the right to request access to their personal data, which includes references given to third parties. However, references are generally protected from disclosure under the GDPR if providing the reference would disclose the personal data of a third party (the referee). Still, if an employee requests access to a reference you have provided, you may need to disclose it unless an exemption applies.

To comply with GDPR:

Consent: Ensure that you have the employee’s consent or a legitimate reason for processing their data when providing a reference.
Confidentiality: Maintain confidentiality and handle personal data responsibly. Avoid sharing sensitive information without explicit consent.

Concentrating on your business is essential for growth and success—let Consensus HR handle your HR needs so you can stay focused on what matters most. With expert support in compliance, employee relations, and HR strategy, we take the stress out of managing your workforce, reducing risk and saving you time. Let us be your trusted HR partner, ensuring smooth operations while you drive your business forward.

6. The Role of Refusal in Providing a Reference

Employers have the right to refuse to provide a reference, but it is essential to handle such situations delicately:

Non-Discriminatory: Ensure that any decision not to provide a reference is consistent and not based on discriminatory grounds such as race, gender, or disability.
Communication: Clearly communicate your reference policy to all employees, so they understand what to expect when leaving the business.

7. Managing Reference Requests: Best Practices

To effectively manage reference requests, consider implementing the following best practices:

Create a Reference Policy: Develop a clear, consistent policy for providing references that outlines what information will be included and who is authorized to provide it.
Train Managers and HR Staff: Ensure that all managers and HR personnel are aware of the reference policy and understand the legal implications of providing a reference.
Document Everything: Keep a record of all reference requests and the information provided. This can be crucial if a dispute arises in the future.

8. Final Thoughts: Balancing Legal Compliance and Good Practice

Providing references for former employees is a balancing act between legal compliance and good business practice. While you are not always legally obliged to provide a reference, when you choose to do so, ensure it is fair, accurate, and consistent with your company’s policies and the law.

By following these best practices, you can manage reference requests effectively, minimise legal risks, and maintain a positive reputation for your business.

Our HR comment: Our Eight Best Practices and Legal Requirements for Providing Employee References | Consensus HR

Our HR comment / Advice: –

Matthew Chilcott, Owner of Consensus HR comments: “By adopting these approaches, you protect your business while also providing a fair and honest representation of your former employees, supporting them in their future career endeavours. For tailored advice and support on handling employee references, get in touch with Consensus HR today.

If we can help you in any way, give us a call or send us an email today for a non obligatory chat.

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If you find it hard to keep on top of HR and Employment Law changes and manage a team, give us a call / email now to talk about how we can help you Prevent People Problems. Consensus HR | Your Outsourced Human Resources & Employment Law Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems.” – 01438 576750.

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At Consensus HR, we ensure that our clients do not make assumptions when it comes to the performance / abilities of team members and that if identified, we seek the member of teams consent to write to a relevant medical professional to obtain support and advice and any reasonable adjustments needed to ensure what is possible is provided. If you manage a team / business and find it hard to keep on top of changing Employment Law and best practice and wish you could outsource it to a HR Charity for a small monthly investment, give us a call now for a non-obligatory conversation. Consensus HR | Your Outsourced Human Resources and Employment Law Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems – 01438 576750.

02 09 2024

Our Eight Best Practices and Legal Requirements for Providing Employee References | Consensus HR

Matthew Chilcott Blog, Employment Contracts, Employment Law, General @sg1businessclub, #consensushr, #networkinbeds, #outsourcedemploymentlaw, #stevenage #bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, references, Small Business, SME, SME's, stevenage

Part One of Two:

When an employee decides to leave your business, one common task for employers is handling requests for references. At Consensus HR, we are frequently asked about the best practices and legal obligations regarding employee references in the UK. Understanding these aspects is crucial to ensure compliance with the law while also maintaining good business practices.

1. Understanding Your Legal Obligations: Are References Mandatory?

In the UK, there is no general legal obligation for employers to provide a reference for an employee or former employee. However, there are some exceptions:

Contractual Obligation: If an employment contract or company policy states that a reference will be provided, the employer must adhere to that commitment.
Sector-Specific Requirements: Certain sectors, such as financial services, may have regulatory obligations to provide a reference. Always check any industry-specific guidelines that may apply.

Concentrating on your business is essential for growth and success—let Consensus HR handle your HR needs so you can stay focused on what matters most. With expert support in compliance, employee relations, and HR strategy, we take the stress out of managing your workforce, reducing risk and saving you time. Let us be your trusted HR partner, ensuring smooth operations while you drive your business forward.

2. Providing References: Keeping It Fair and Accurate

While there is no obligation to provide a reference, if you choose to do so, it must be accurate and fair. This is a legal requirement under the law of negligence and defamation:

Accuracy: Ensure all information in the reference is factually correct. Avoid including any unverified information or subjective opinions that cannot be backed up.
Fairness: A reference should not be misleading or present an inaccurate picture of the employee. Omitting key facts, such as an employee’s dismissal for gross misconduct, could be seen as misleading to the prospective employer.

3. The Content of References: What to Include and Exclude

When providing a reference, it is good practice to include only basic details:

Employment Dates: Confirm the start and end dates of the employee’s tenure.
Job Title: Provide the job title(s) held by the employee.
Responsibilities: Outline the main duties or responsibilities, if appropriate.

It is advisable to avoid including details that could be viewed as subjective or discriminatory, such as comments on the employee’s character, attendance, or health, unless they are factual and relevant to the job they have applied for.

By following these best practices, you can manage reference requests effectively, minimise legal risks, and maintain a positive reputation for your business.

Our HR comment: Our Eight Best Practices and Legal Requirements for Providing Employee References | Consensus HR

Our HR comment / Advice: –

If we can help you in any way, give us a call or send us an email today for a non obligatory chat.

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28 08 2024

Promoting Flexible Working and Employee Well-being |Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Law, General, Health & Safety @sg1businessclub, #consensus hr, #consensushr, #employeewellbeing, #flexibleworking, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

In the UK, Consensus HR plays a crucial role in guiding businesses through the complexities of flexible working and employee well-being, ensuring that companies not only meet legal requirements but also adopt best practices that are vital in today’s competitive landscape. As the British Chamber of Commerce’s (BCC) recent survey highlights, flexible working and employee well-being are increasingly seen as essential components of a successful business strategy and for businesses who want to stand out in a crowded job market.

Its survey of 1300 businesses noted that attracting and retaining talent is a key priority for most, but they are operating in a market where, e.g. from May to July 2024 there were 884,000 vacancies in the economy, while the number of economically inactive people (those not looking for work) stood at over 9.4 million.

The BCC research also shows 62% of businesses reporting that they are experiencing skills shortages, rising to 74% for manufacturing firms. Noting that 14% of businesses reported they were unable to hire or retain people specifically because of childcare responsibilities, the BCC suggests that introducing flexible working can help employees balance work with other commitments.

Benefits of Flexible Working:

1. Enhanced Productivity:

- Consensus HR helps UK businesses implement flexible working arrangements that can lead to higher productivity. In the UK context, the ability to work during the most productive hours is crucial, particularly as the traditional 9-to-5 workday becomes less relevant.
- Research supported by Consensus HR in the UK indicates that 43% of employees report increased productivity when flexible working options are available.

2. Improved Work-Life Balance:

- UK employers are increasingly focused on improving work-life balance, and Consensus HR is at the forefront of advising businesses on how to implement flexible working policies effectively.
- In the UK, 73% of employees report that flexible working helps them achieve a better work-life balance, a figure that Consensus HR frequently cites in their consultations.

3. Attraction and Retention of Top Talent:

- In the UK’s competitive job market, Consensus HR advises companies on how flexible working can be a key differentiator in attracting and retaining skilled workers.
- According to UK-specific data, 81% of workers would prefer jobs that offer flexible working options, which is a critical insight for UK businesses looking to remain competitive in talent acquisition.

4. Cost Efficiency:

- Consensus HR highlights the cost-saving potential of flexible working for UK companies, particularly in reducing the need for large office spaces in high-rent areas like London.
- UK businesses can save thousands per employee each year by implementing flexible working arrangements, with savings on office space and commuting costs being particularly significant.

5. Increased Employee Satisfaction:

- Consensus HR underscores the importance of flexible working in boosting employee satisfaction within UK workplaces. Employees who have control over their work schedules are more likely to be satisfied and engaged.
- UK studies show a strong link between flexible working and higher employee engagement, a key factor in reducing turnover and enhancing overall business performance.

Benefits of Employee Well-being Initiatives:

1. Reduced Absenteeism:

- In the UK, absenteeism due to stress and mental health issues is a significant concern. Consensus HR helps businesses implement well-being programs that address these issues, leading to a reduction in absenteeism.
- The UK government and NHS have highlighted the importance of workplace well-being, with studies showing that every £1 invested in mental health support can yield a £4 return in terms of reduced absenteeism and increased productivity.

2. Enhanced Performance:

- Consensus HR assists UK businesses in developing well-being strategies that directly contribute to improved employee performance. By focusing on mental and physical health, UK companies can create a more productive workforce.
- Gallup’s research, relevant in the UK context, shows that employees who feel their well-being is supported are 21% more likely to be engaged at work, a statistic that Consensus HR uses to advocate for comprehensive well-being programs.

3. Better Workplace Culture:

- Consensus HR promotes well-being initiatives as a means to enhance workplace culture across UK businesses. A positive culture not only attracts top talent but also fosters better teamwork and collaboration.
- In the UK, 58% of employees reported that well-being programs positively influenced their relationships at work, according to a study by the Chartered Institute of Personnel and Development (CIPD).

4. Retention and Attraction:

- Consensus HR advises UK businesses on the importance of well-being programs in retaining and attracting employees. With the UK workforce increasingly valuing employers who prioritise health and well-being, these programs are becoming a key factor in employer branding.
- A survey by the UK-based insurer Bupa found that 74% of employees consider well-being programs a significant factor when choosing a job, underlining the importance of these initiatives in the UK.

5. Increased Innovation:

- Consensus HR highlights the link between well-being and innovation, particularly relevant for UK businesses in sectors that rely on creativity and innovation.
- Research from the University of Warwick, often referenced by Consensus HR, found that happiness and well-being can increase productivity by 12%, showing a direct connection between well-being initiatives and business success in the UK.

UK-Specific Statistics Highlighted by Consensus HR:

Flexible Working: According to UK-specific research by the Office for National Statistics (ONS), 30% of UK employees worked remotely in 2021, and the trend is expected to continue, driven by the demand for flexible working options.
Employee Well-being: The UK workplace wellness market was valued at over £2.7 billion in 2020, reflecting the increasing importance of employee well-being in UK businesses, a figure often cited by Consensus HR.

Our HR comment: Promoting Flexible Working and Employee Well-being |Consensus HR in Herts & Beds

Our HR comment / Advice: –

Matthew Chilcott, Owner of Consensus HR comments: “Our continual involvement with our clients in promoting flexible working and employee well-being highlights their essential role in shaping modern workplace strategies. We help our clients and their businesses realise the substantial benefits of these approaches, from increased productivity and employee satisfaction to cost savings and innovation. Our expertise ensures companies are not only adhering with Employment Law but also positioned for success in a competitive market.”

If we can help you in any way, give us a call or send us an email today for a non obligatory chat.

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27 08 2024

Equal Pay Employment Tribunal Case: What Employers Need to Know | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #consensushr, #networkinbeds, #Next, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

On the BBC News today – 27^th September 2024 and in a significant ruling, the Employment Tribunal has recently announced a verdict on a high-profile equal pay case. This decision has far-reaching implications for employers across the UK, particularly those in industries where pay disparities between male and female employees have been a long-standing issue.

At Consensus HR, we believe it’s crucial for employers to understand the ramifications of this case, as it serves as a stark reminder of the importance of pay equity in the workplace. Below, we break down the key aspects of the case and offer practical advice for employers to ensure compliance and fairness in their pay practices.

The Case Overview:

The recent Employment Tribunal case involved a group of female employees who claimed that they were being paid less than their male counterparts for performing the same work. The women argued that this disparity violated the Equal Pay Act, which mandates that men and women should receive equal pay for equal work. The Tribunal found in favor of the claimants, ruling that the pay difference could not be justified by any factor other than gender.

This ruling reinforces the legal obligations of employers to ensure that their pay structures are free from gender bias. It also highlights the need for transparency and regular reviews of pay practices to prevent discrimination.

Trade unions and business organisations meet to discuss workers’ rights |Consensus HR in Herts & Beds

What This Means for Employers

Legal Obligations:

The ruling underscores the legal requirement for employers to provide equal pay for equal work. Failure to do so can result in costly litigation, reputational damage, and financial penalties. Employers must be vigilant in their pay practices and ensure that they are compliant with the Equal Pay Act.

Pay Audits:

Conducting regular pay audits is now more important than ever. These audits help identify any discrepancies in pay between male and female employees and provide an opportunity to address them before they escalate into legal issues. Employers should document these audits and any actions taken to rectify disparities.

Job Evaluations:

To avoid pay discrimination, employers should use consistent and objective criteria for evaluating job roles. Job evaluations should be free from gender bias and based on factors such as skills, experience, responsibilities, and performance.

Transparency:

Promoting transparency in pay structures can help build trust within the workforce and prevent potential disputes. Employers should consider publishing pay ranges for roles and openly communicating how pay decisions are made.

Training and Awareness:

HR teams and managers should be trained on the principles of equal pay and the importance of avoiding gender bias in pay decisions. Awareness programs can help prevent unconscious bias and ensure that all employees are treated fairly.

Practical Steps for Employers

Review and Update Policies:

Ensure that your company’s pay policies are up-to-date and comply with current legislation. Policies should clearly outline the company’s commitment to equal pay and the steps taken to achieve it.

Regular Monitoring:

Implement a system for regular monitoring of pay equity within your organization. This can include periodic reviews of pay data, employee feedback, and comparisons with industry benchmarks.

Engage Employees:

Involve employees in discussions about pay equity. Create channels for employees to voice concerns about pay and ensure that these are addressed promptly and transparently.

Our HR comment:

Our HR comment / Advice: – Equal Pay Employment Tribunal Case: What Employers Need to Know | Consensus HR in Herts & Beds

Matthew Chilcott, Owner of Consensus HR comments: “The recent Employment Tribunal case serves as a crucial reminder for employers to prioritise pay equity in their organisations. By taking proactive steps to ensure compliance with the Equal Pay Act, employers can not only avoid legal pitfalls but also foster a more inclusive and equitable workplace.

At Consensus HR, we are here to support businesses in navigating these complex issues. If you need assistance with pay audits, policy reviews, or training on equal pay, please don’t hesitate to contact us. Together, we can create a fair and transparent workplace for all employees.

Contact us today to learn more about how we can help your business achieve pay equity and compliance.”

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20 08 2024

Trade unions and business organisations meet to discuss workers’ rights |Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General @sg1businessclub, #consensushr, #makeworkpay, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

As it sets out the first details of its Plan to Make Work Pay, the Government said that both businesses and workers will get a bigger voice at the table.

Minister for Employment Rights, Justin Madders, and the Deputy Prime Minister, Angela Rayner, have met senior representatives from trade unions and business organisations for the first time to discuss workers’ rights.

They agreed to “wipe the slate clean” and begin a new relationship of respect and collaboration to help deliver the Government’s first mission — to kickstart economic growth.

The meeting discussed views on the Employment Rights Bill which the Government believes will play a key role in delivering its Plan to Make Work Pay and which will be introduced in the next few weeks.

Mr Madders said that the Plan sets out an ambitious agenda to ensure workplace rights are fit for a modern economy, empower working people and deliver economic growth. It will support more people to stay in work, make work more family-friendly and improve living standards.

Peter Cheese, Chief Executive of the Chartered Institute of Personnel and Development (CIPD) said: “We recognise and welcome a number of the changes in the Government’s Plan to Make Work Pay. Together they amount to the biggest transformation of workers’ rights in a generation. Therefore, consultation will be essential to ensure that any reforms achieve the right outcomes for individuals and employers.”

The Government confirmed that trade union and business representatives will be invited to continue to engage on the Plan through similar meetings and to share insights via upcoming consultations.

Make Work Pay

The Plan will:

ban exploitative zero-hours contracts
end the practice of fire and re-hire
introduce, from day one, basic rights to parental leave, sick pay and protection from unfair dismissal
strengthen the collective voice of workers, including through their trade unions, and create a Single Enforcement Body to ensure employment rights are upheld
make sure the minimum wage is a genuine living wage by changing the remit of the independent Low Pay Commission so that, for the first time, it takes account of the cost of living
remove discriminatory age bands so that all adults are entitled to the same minimum wage.

CIPD – HR Inform

Our HR comment:

Our HR comment / Advice: – Trade unions and business organisations meet to discuss workers’ rights |Consensus HR in Herts & Beds |Consensus HR in Herts & Beds

Matthew Chilcott, Owner of Consensus HR comments: “The proposed reforms, such as banning zero-hours contracts and providing employment rights from day one, could lead to significant changes in the labour market. However, potential challenges in implementing these reforms, particularly from larger employers who may be resistant to changes that affect their current working systems must be recognised for both their potential benefits and complexities of the policy. Companies of all sizes need to ensure that they seek appropriate advice and support from HR Consultants / Departments to ensure the successful implementation of all the changes, so as to ensure a smooth implementation.”

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19 08 2024

Employees, MUST have a Contract of Employment from day one | Consensus HR in Herts & Beds

Matthew Chilcott Employment Contracts, Employment Law, General @sg1businessclub, #bedfordshirebusinesses, #consensus hr, #consensushr, #contractofemployment, #Contracts of Employment, #hertfordshirebusinesses, #networkinbeds, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Preferably before or minimum from Day One of Employment, you MUST provide a Contract of Employment

A lot of our competitors continually use scare tactics, but did you know that all new employees MUST have a Contract of Employment from day one of employment or your business could face financial consequences. At Consensus HR and as part of our recruitment strategy for any business, when deciding to recruit, we always ensure a Contract is written, ready to be sent to the new member before they start, so that they can read fully what is enclosed whilst gaining an understanding, so as to be able to ask questions, prior to signing

Ensuring that an employee has a contract of employment from day one is not just a legal requirement, but it is also a fundamental step in building a transparent and trusting work environment. When employees receive, read, and sign their contracts on their first day, they clearly understand their roles, responsibilities, and the terms of their employment, whilst having the opportunity to ask questions. This process sets clear expectations and helps avoid potential disputes or misunderstandings down the line.

Failure to provide a contract promptly can lead to significant consequences for your business. Without a signed agreement, there is a greater risk of legal complications, particularly if disputes arise regarding employment terms, job duties, or termination conditions. Additionally, employees may feel uncertain about their job security and obligations, leading to lower morale and engagement.

Employees, MUST have a Contract of Employment from day one | Consensus HR in Herts & Beds

Our HR comment:

Matthew Chilcott, Owner of Consensus HR comments: “By emphasising the importance of this step, your Management and HR team can help protect both the company and the employee, ensuring a smooth start to the working relationship. If you need assistance in drafting, reviewing, or implementing employment contracts, contact us today. Our team of experts is here to help you navigate this essential aspect of HR management, ensuring compliance and fostering a positive work environment.”

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13 08 2024

Upcoming Employment Law Changes in the UK | Consensus HR in Herts & Beds

Matthew Chilcott Employment Law, General @sg1businessclub, #consensushr, #employmentlaw, #networkinbeds, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

As the landscape of employment law continually evolves, UK businesses must stay informed about forthcoming changes to ensure compliance and maintain a fair and productive workplace. Here are some key legislative changes on the horizon and practical steps businesses can take to prepare.

Enhanced Flexible Working Rights

What’s Changing? The UK Government plans to introduce enhanced rights for flexible working, including making it a default right for employees to request flexible working from day one of employment. This change aims to promote work-life balance and accommodate diverse employee needs.

How to Prepare:

Review Policies: Update your flexible working policy to reflect the new legislation.
Training: Train managers on handling flexible working requests fairly and consistently.
Communication: Clearly communicate the changes to all employees, outlining the process for making requests.

Extended Redundancy Protection for Pregnant Employees and New Parents

What’s Changing? Redundancy protection is being extended for pregnant employees and those returning from maternity, adoption, or shared parental leave. This aims to prevent discrimination and provide job security during these critical times.

How to Prepare:

Policy Updates: Amend your redundancy policy to include extended protection periods.
Manager Training: Ensure managers understand the new protections and handle redundancies sensitively and legally.
Support Systems: Provide support and guidance for employees transitioning back to work after parental leave.

New Statutory Code on “Fire and Rehire”

What’s Changing? A statutory Code of Practice on Dismissal and Re-engagement (commonly known as “fire and rehire”) is being introduced to ensure that changes to employment terms are fair and transparent. This code will provide guidelines on conducting consultations and negotiations.

How to Prepare:

Policy Review: Evaluate your current practices related to contract changes and ensure they align with the new code.
Consultation Procedures: Develop robust consultation procedures to engage with employees meaningfully.
Documentation: Keep thorough records of all consultations and negotiations to demonstrate compliance.

Increase in Statutory Payments and Tribunal Awards

What’s Changing? From April 2024, the limits on various statutory payments and tribunal awards are set to increase. The maximum compensatory award for unfair dismissal and the limit on weekly pay for calculating redundancy pay are among the changes.

How to Prepare:

Budget Adjustments: Review and adjust your budget to accommodate the increased potential liabilities.
HR Systems Update: Ensure your payroll and HR systems are updated to reflect the new statutory limits.
Employee Awareness: Inform employees about the changes to statutory payments and their rights.

Revised Vento Bands for Discrimination Claims

What’s Changing? The Vento bands, which determine compensation for injury to feelings in discrimination cases, have been revised. The updated bands reflect inflation and the need for fair compensation.

How to Prepare:

Training: Train HR and management teams on the implications of the revised Vento bands.
Policy Update: Update your anti-discrimination policies to reinforce a commitment to fair treatment and equality.
Proactive Measures: Implement proactive measures to prevent discrimination and handle complaints effectively.

Upcoming Employment Law Changes in the UK | Consensus HR in Herts & Beds

Our HR comment:

Upcoming Employment Law Changes in the UK | Consensus HR in Herts & Beds

Matthew Chilcott, Owner of Consensus HR comments: “Staying ahead of employment law changes is crucial for UK businesses to avoid legal pitfalls and foster a supportive work environment. By proactively preparing for these upcoming changes, businesses can ensure compliance, enhance employee satisfaction, and maintain a positive organisational culture. If you need tailored advice and support, consider partnering with HR experts like Consensus HR to navigate these changes effectively.

For more information on how Consensus HR can support your business, contact us today.”

Practical Steps for Businesses:

Stay Informed: Regularly check for updates on employment law changes from reliable sources such as government websites and legal advisories.
Consult Professionals: Engage with HR and legal experts to ensure your policies and practices are compliant with the latest legislation.
Employee Training: Provide ongoing training for employees and managers on new laws and best practices.
Review and Update Policies: Conduct a comprehensive review of all HR policies and procedures, making necessary updates to align with new regulations.
Communication: Maintain open lines of communication with employees, keeping them informed about changes and how they may be affected.

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Employment Law

Supporting Workplace Mental Health: An HR Perspective on World Mental Health Day

Supporting Workplace Mental Health: An HR Perspective on World Mental Health Day

Promote Open Communication:

Training for Managers:

Flexible Working Arrangements:

Access to Resources and Support:

Workload Management:

Foster a Healthy Work-Life Balance:

Recognise and Address Workplace Stressors:

Why This Matters:

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Breast Cancer Awareness Month – October 2024 – A Vital Conversation for Businesses and HR:

Legal and Compassionate Considerations:

Managing Absences and Supporting Employee Well-being:

Promoting a Culture of Empathy:

At Consensus HR, we advocate for workplaces that are built on understanding and respect. By taking the time this October to reassess how your business approaches serious health matters, you can ensure that your employees feel supported in the most challenging of times.

If you’d like guidance on implementing policies or supporting your team through complex health issues, don’t hesitate to reach out.

Matthew ChilcottOwner, Consensus HR

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Celebrating Diversity and Promoting Equality:

Black History Month 2024 – October | Consensus HR in Herts & beds

Race as a Protected Characteristic:

How the Equality Act 2010 Protects Against Racial Discrimination:

Promoting Diversity in the Workplace:

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Introduction:

Background of the Case:

The Tribunal’s Decision

Implications for Employers

Impact on Employee Relations:

Conclusion:

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Welcome to our latest September 2024 Employment Law Newsletter | Consensus HR – Herts, Beds. In this newsletter, we focus on:

Labour proposes the right to a four-day week

Indirect discrimination equals the same disadvantage

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Part Two of Two:

4. Handling Negative References

5. Data Protection Considerations

6. The Role of Refusal in Providing a Reference

7. Managing Reference Requests: Best Practices

8. Final Thoughts: Balancing Legal Compliance and Good Practice

By following these best practices, you can manage reference requests effectively, minimise legal risks, and maintain a positive reputation for your business.

Our HR comment: Our Eight Best Practices and Legal Requirements for Providing Employee References | Consensus HR

Our HR comment / Advice: –

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Part One of Two:

1. Understanding Your Legal Obligations: Are References Mandatory?

2. Providing References: Keeping It Fair and Accurate

3. The Content of References: What to Include and Exclude

By following these best practices, you can manage reference requests effectively, minimise legal risks, and maintain a positive reputation for your business.

Our HR comment: Our Eight Best Practices and Legal Requirements for Providing Employee References | Consensus HR

Our HR comment / Advice: –

Do you need help with your HR and Employment Law?

Are you concerned about keeping your business up to date with Employment Law changes?

Benefits of Flexible Working:

1. Enhanced Productivity:

2. Improved Work-Life Balance:

3. Attraction and Retention of Top Talent:

4. Cost Efficiency:

5. Increased Employee Satisfaction:

Benefits of Employee Well-being Initiatives:

1. Reduced Absenteeism:

2. Enhanced Performance:

Matthew Chilcott
Owner, Consensus HR