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25 09 2024

Celebrating Our Win: SME-Focused HR Consultancy of the Year 2024

Matthew Chilcott Blog, General @sg1businessclub, #consensushr, #consensusHR @consensushr @sg1, #hertfordshirebusinesses, #hraward, #outsourcedemploymentlaw, bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Celebrating Our Win: SME-Focused HR Consultancy of the Year 2024

At Consensus HR, we are thrilled to announce that we have been awarded the title of SME-Focused HR Consultancy of the Year 2024 for the Home Counties at the prestigious Global Business Awards! This recognition reflects our unwavering commitment to providing exceptional HR services tailored to the unique needs of small and medium-sized enterprises (SMEs).

SME-Focused HR Consultancy of the Year 2024 | Consensus HR in Herts & Beds

What the Award Means:

Winning the Global Business Award is not just a badge of honour; it validates our approach and dedication to our clients. The selection process is rigorous, with awards given based on a combination of client feedback, industry impact, and overall performance. Being recognised among the best in the industry reinforces our mission to support SMEs in navigating their HR challenges effectively.

Our Commitment to SMEs:

At Consensus HR, we understand the specific needs of SMEs. Our team works diligently to deliver customised HR solutions that empower businesses to thrive. Whether it’s recruitment, compliance, employee engagement, or performance management, we are dedicated to ensuring our clients have the tools they need to succeed. This award highlights our successful track record and our ability to adapt and innovate in a rapidly changing business landscape.

Gratitude to Our Team and Clients:

This achievement would not have been possible without our talented team, whose hard work and dedication drive our success. Each member brings unique expertise and passion for helping our clients achieve their HR goals. We also extend our heartfelt thanks to our clients for their trust and collaboration. Your feedback and support have been instrumental in our growth, and we look forward to continuing our partnership in the future.

Looking Ahead:

As we celebrate this accolade, we are more motivated than ever to enhance our offerings and services. We are committed to evolving with the needs of the SMEs we serve and will continue to explore innovative HR solutions that foster growth and development.

In conclusion, winning the Global Business Award for SME-Focused HR Consultancy of the Year 2024 is not just a milestone; it is a stepping stone towards further excellence. We remain dedicated to helping SMEs navigate their HR needs with confidence and expertise.

Thank you for being a part of our journey!

Stay tuned for more updates and insights from Consensus HR as we continue to drive impactful HR solutions for SMEs in the Home Counties and beyond

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24 09 2024

A Warning to Employers: Sexual Harassment | Consensus HR in Herts & Beds

Matthew Chilcott Blog, General @sg1businessclub, #consensus hr, #consensushr, #networkinbeds, #outsourcedemploymentlaw, #sexual discrimination, #sexual harassment, #sexualharassment, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

A Warning to Employers: Take Sexual Harassment Seriously or Face Severe Consequences

By Matthew Chilcott, Owner of Consensus HR

As an employer, you have a legal duty under the Equality Act 2010 to prevent sexual harassment in the workplace. Failure to do so could result in severe consequences not just for your employees, but for your business as well. Recent cases have shown that the courts are not hesitant to impose significant penalties on employers who fail in this duty.

Legal Liability Is Real – And It’s Costly:

Sexual harassment at work is not only damaging to employees’ wellbeing, but it also exposes your business to serious legal risks. If an employee experiences unwanted sexual behaviour at work and you, as the employer, have not taken “all reasonable steps” to prevent it, you could be held vicariously liable. This means you could face substantial compensation claims, even if the inappropriate behaviour was perpetrated by another employee, customer, or client.

The Financial Fallout: Recent Cases to Note:

One of the most notable cases in recent years involved a London-based investment bank where a female employee was awarded £2 million in damages for sexual harassment and discrimination. The case centred on the employer’s failure to take appropriate action after the employee reported persistent unwanted advances and inappropriate comments from senior colleagues. The tribunal found that the company had not acted quickly or robustly enough to address her complaints.

In another case, a female employee won £74,000 in compensation after being sexually harassed by her line manager. The tribunal found that the company’s failure to train staff and provide a clear process for reporting harassment played a significant role in its decision to penalise the employer heavily.

These cases send a stark warning: simply having an anti-harassment policy is not enough. You need to actively implement it, ensure it’s understood by all employees, and take immediate, appropriate action when complaints are raised.

A Warning to Employers: Sexual Harassment | Consensus HR in Herts & Beds

Employer Inaction Has Dire Consequences:

Aside from financial penalties, failing to address sexual harassment in the workplace can lead to:

Damage to reputation: Public legal cases can seriously harm your brand and reputation.
Low employee morale: A toxic workplace where harassment is not dealt with effectively can lead to lower productivity and high staff turnover.
Legal costs: Defending a claim in the Employment Tribunal can be incredibly expensive, even if the case doesn’t result in a ruling against you.
Loss of trust and talent: Employers who fail to protect their employees from harassment risk losing valued team members and potential candidates may avoid your business altogether.

What Should Employers Be Doing?

To avoid these outcomes, you must take sexual harassment prevention seriously by:

Having a clear, regularly updated anti-harassment policy that is communicated effectively to all staff.
Providing regular training for both managers and employees on what constitutes sexual harassment and how to report it.
Ensuring that any complaints are investigated immediately and that appropriate action is taken without delay.
Maintaining confidentiality and protecting complainants from retaliation or victimisation.

The Time for Action is Now:

If you haven’t reviewed your policies, provided training, or taken steps to create a culture of respect and zero tolerance towards harassment, now is the time to act. At Consensus HR, we work with businesses to ensure compliance with legal obligations while fostering a positive and supportive workplace environment.

Don’t wait for a tribunal claim to remind you of your responsibilities. Taking proactive steps now will not only safeguard your employees but also protect your business from the devastating consequences of legal action.

If you’re unsure where to start, contact us at Consensus HR, and we can help ensure that your workplace is safe, compliant, and free from harassment.

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23 09 2024

The Importance of Transparency in HR | Consensus HR in Herts & Beds

Matthew Chilcott Blog, General @sg1businessclub, #consensus hr, #consensushr, #HR Herts, #HRAdvice, #HRblog, #HRSupport, #networkinbeds, #outsourcedemploymentlaw, #transparency, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, SME, SME's

The Importance of Transparency in HR: A Key to Building Trust and Success

By Matthew Chilcott, Owner of Consensus HR

In today’s business landscape, transparency is not just a buzzword—it’s a necessity. Whether you’re a small startup or a large corporation, the way your Human Resources (HR) department operates can significantly impact your company’s culture, employee satisfaction, and overall success. At Consensus HR, we firmly believe in the power of transparent HR practices and is part of the reason, we partnered up with Breathe HR and to become a client of Consensus HR with Breathe HR IT support, Click Here . But why is transparency so important, and what could be the consequences if it’s not embraced?

Why Transparency in HR Matters:

Building Trust and Engagement
Transparency fosters trust. When HR policies, decisions, and actions are clear and communicated openly, employees feel respected and valued. They understand the company’s goals, their roles, and how they contribute to the bigger picture. This not only builds trust but also enhances engagement, leading to higher productivity and employee retention.
Encouraging Open Communication
A transparent HR team sets the tone for open communication across the organisation. Employees are more likely to voice concerns, provide feedback, and share innovative ideas when they know they will be heard without judgment. This open dialogue helps address issues before they escalate, creating a healthier, more collaborative work environment.
Enhancing Decision-Making
Transparent HR practices ensure that decisions are made fairly and based on consistent criteria. When employees understand the ‘why’ behind decisions—whether it’s related to promotions, disciplinary actions, or policy changes—they are more likely to accept and respect those decisions, even if they don’t always agree.
Compliance and Risk Management
Transparency is also crucial from a legal perspective. Clear HR policies and procedures help ensure compliance with employment laws and regulations, reducing the risk of legal disputes. Employees who are well-informed about their rights and responsibilities are less likely to engage in behaviours that could lead to costly litigation.
Creating a Positive Workplace Culture
Transparency is at the heart of a positive workplace culture. It signals that the company values honesty and integrity, setting a standard that influences how employees interact with each other. A transparent workplace is often seen as more inclusive, fair, and respectful qualities that are highly attractive to current and prospective employees.

AI in the Workplace| Consensus HR in Herts & Beds

The Consequences of a Lack of Transparency in HR:

Failing to be transparent can have significant negative repercussions:

Erosion of Trust
When HR policies and decisions are shrouded in secrecy, employees may begin to distrust management. This distrust can quickly spread, leading to a toxic work environment where rumours and misinformation thrive. Employees may feel unsupported, undervalued, and anxious about their future within the company.
Low Morale and Engagement
A lack of transparency can result in low employee morale and disengagement. When employees feel they are being kept in the dark, their motivation to contribute and go the extra mile diminishes. This can lead to higher absenteeism, lower productivity, and increased turnover—none of which are good for business.
Increased Conflict and Miscommunication
Without transparency, misunderstandings and conflicts are more likely to occur. Employees may feel their concerns are ignored, or they may misinterpret company actions, leading to unnecessary disputes. This not only disrupts the workplace but also takes up valuable management time that could be spent on more strategic initiatives.
Reputational Damage
In today’s digital age, news travels fast. A company that is seen as opaque or dishonest in its dealings can quickly gain a bad reputation, making it difficult to attract and retain top talent. Moreover, reputational damage can extend beyond employees to customers, partners, and investors, potentially impacting the bottom line.
Legal and Financial Risks
Non-transparent HR practices can open the door to legal challenges, such as claims of unfair treatment, discrimination, or wrongful termination. These disputes can be costly, not just financially but also in terms of time and damage to employee relations.

Our HR comment: The Importance of Transparency in HR | Consensus HR in Herts & Beds

Our HR comment / Advice: –

At Consensus HR, we are committed to helping businesses develop transparent HR practices that build trust and foster a positive work environment. From clear communication strategies to robust policy development, our team of experts works closely with businesses to ensure their HR functions are open, fair, and effective.

Whether you need assistance with policy reviews, management training, or employee relations, we provide tailored HR solutions designed to meet your business’s unique needs. Our goal is to help you create a workplace where transparency is not just an ideal but a daily reality.

Final Thoughts:

Transparency in HR is more than just good practice; it’s a vital component of a thriving business. By embracing open and honest HR practices, companies can build stronger relationships with their employees, foster a positive workplace culture, and protect themselves from unnecessary risks. Conversely, a lack of transparency can erode trust, lower morale, and lead to significant operational challenges.

If you’re looking to enhance transparency within your HR practices, don’t hesitate to reach out to us at Consensus HR. Let’s work together to create a more open, engaged, and successful workplace.

Feel free to contact us at Consensus HR for more information on how we can support your business with transparent and effective HR solutions.

About the Author
Matthew Chilcott is a leading HR consultant with Consensus HR, dedicated to helping businesses navigate the complexities of modern HR challenges, including the rise of AI in the workplace. For more information, visit Consensus HR.

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20 09 2024

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

Matthew Chilcott Blog, General @sg1businessclub, #ConsenHR, #consensushr, #internationaldayofpeace, #networkinbeds, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

Celebrating the International Day of Peace: Building Harmony in the Workplace

As we approach the International Day of Peace on September 21st, it’s an opportune moment for all of us at Consensus HR to reflect on the significance of peace, not just globally, but within our workplaces. The theme for this year’s celebration is “Actions for Peace: Our Ambition for the #GlobalGoals,” reminding us that achieving peace isn’t a passive endeavour; it requires proactive steps and commitment at every level.

What is the International Day of Peace?

Established in 1981 by the United Nations, the International Day of Peace is a day dedicated to strengthening the ideals of peace, both within and among all nations and peoples. It is a call to action for everyone—from individuals to businesses—to foster a culture of peace through dialogue, understanding, and mutual respect.

Peace in the Workplace: Why It Matters:

A peaceful workplace isn’t just about the absence of conflict; it’s about creating an environment where everyone feels respected, valued, and heard. At Co nsensus HR, we believe that a harmonious workplace is the bedrock of any successful business. Peace in the workplace can lead to:

Enhanced Productivity: A peaceful environment boosts morale and encourages employees to give their best, leading to higher productivity and job satisfaction.
Better Employee Well-being: A supportive atmosphere reduces stress, decreases absenteeism, and promotes overall mental and physical health.
Improved Collaboration: When employees feel respected and understood, they are more likely to collaborate effectively, leading to innovative solutions and improved team dynamics.

How to Foster Peace in Your Workplace:

Creating a peaceful workplace doesn’t happen overnight, but there are steps businesses can take to cultivate a positive environment:

Promote Open Communication: Encourage employees to voice their concerns and ideas without fear of reprisal. Regular team meetings, feedback sessions, and an open-door policy can help.
Address Conflict Promptly and Fairly: Conflicts are inevitable, but how they are managed makes all the difference. Address issues quickly, impartially, and constructively, ensuring all parties feel heard.
Prioritise Employee Well-being: Initiatives such as managing mental health in the workplace, offering flexible working arrangements, and providing access to mental health resources can significantly enhance peace in the workplace.
Recognise and Reward Positive Behaviours: Acknowledge and reward behaviours that contribute to a harmonious work environment, such as teamwork, empathy, and effective conflict resolution.
Invest in Management Development: Well-trained managers are crucial for maintaining a peaceful work environment. Our Management Development workshops, including sessions on Delegation, Performance Management, and Managing Mental Health, are designed to equip managers with the skills they need to foster a positive, peaceful workplace culture.

Taking Action for Peace:

On this International Day of Peace, let’s commit to creating workplaces that reflect the values of respect, empathy, and collaboration. As business leaders, it’s our responsibility to set the tone, model positive behaviours, and build a culture that prioritises peace and understanding.

By acting today, we can contribute to a more harmonious world, one workplace at a time. Let’s make peace our business goal—not just on September 21st, but every day of the year.

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

Consensus HR – Your Partner in Building a Harmonious Workplace

If you’re looking to improve your workplace culture or need support in managing workplace conflicts, our team at Consensus HR is here to help. Reach out to us today and let’s work together to build a peaceful and productive environment for your team.

Happy International Day of Peace from all of us at Consensus HR! Let’s make every day a step towards a more peaceful world.

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

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.

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

16 09 2024

Recycle Week: Why Recycling Matters More Than Ever – A Message from the Consensus HR Team

Matthew Chilcott Blog, General @sg1businessclub, #ConsenHR, #consensushr, #networkinbeds, #outsourcedemploymentlaw, #recycling, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

As Recycle Week kicks off on September 16th:

As Recycle Week kicks off on September 16th, we at Consensus HR want to take this opportunity to reflect on the importance of recycling, both in our personal lives and within our workplaces. At our office at the BTC, Stevenage, they recently introduced recycling bins in all our kitchens and which has proven to be a huge success. This year’s theme, “The Big Recycling Hunt,” emphasises the need for everyone to take that extra step to ensure recyclable items don’t end up in the wrong places.

Why Recycling Matters:

Recycling is more than just a buzzword—it’s a critical action that helps protect our planet. By recycling, we can significantly reduce the amount of waste sent to landfills, conserve natural resources, and cut down on pollution. The benefits are not just environmental; recycling also plays a vital role in supporting the economy by creating jobs and promoting sustainable industries.

Recycling in the Workplace:

At Consensus HR, we’re committed to making sustainability part of our workplace culture. Whether it’s ensuring that our office waste is properly sorted or encouraging employees to think twice before printing documents, every small action contributes to a larger impact. On all our emails we have “Please consider the environment before printing this email” to emphasise the importance of not printing, if you can help it and there is no real need.

Businesses have a unique opportunity to lead by example, setting standards that inspire employees, clients, and the broader community to prioritise recycling.

Here are a few tips on how you can enhance recycling efforts in your workplace:

Set Up Recycling Stations: Make recycling easy and accessible by placing clearly labelled bins in communal areas like kitchens and office floors.
Educate Your Team: Regularly update your team on what can and cannot be recycled. Many common items, such as coffee cups and plastic wraps, are often mistakenly placed in the wrong bins.
Reduce Paper Waste: Encourage digital communication and filing systems to minimise the need for printing. When printing is necessary, use both sides of the paper.
Recycle Electronics Responsibly: Office electronics can be recycled, but they require special handling. Set up a system for properly disposing of old computers, phones, and other gadgets.
Promote Reusable Items: Swap single-use items for reusables—think water bottles, coffee cups, and cutlery. Not only do these reduce waste, but they also save money in the long run.

Get Involved in Recycle Week:

This Recycle Week, we challenge you to take a closer look at your recycling habits. Are there items you’re regularly throwing away that could be recycled? Could your business do more to reduce its environmental footprint? Now is the perfect time to start making those small changes that lead to big results.

Recycle Week: Why Recycling Matters More Than Ever

Why Recycling Matters More Than Ever. Consensus HR - Herts, Beds

At Consensus HR, we believe that sustainable business practices are essential, not just for the environment but for the overall well-being of our communities. By fostering a culture of responsibility and awareness, we can all contribute to a greener future.

Let’s make every week Recycle Week by continuously striving to recycle more and waste less. Remember, every item you recycle is a step towards a healthier planet. So, let’s get hunting for those recyclables and make this year’s Recycle Week a successful one!

Happy Recycling Week from the Consensus HR Team!

Feel free to share this blog on your website or social media channels. If you have any questions about implementing better recycling practices in your workplace or want to learn more about our services, don’t hesitate to contact us. Together, we can make a difference!

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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.

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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09 09 2024

AI in the Workplace| Consensus HR in Herts & Beds

Matthew Chilcott Blog, General @sg1businessclub, #AI, #bedfordshirebusiness, #networkinbeds, #outsourcedemploymentlaw, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

AI in the Workplace Opportunities and HR Considerations

By Matthew Chilcott, Consensus HR

Artificial Intelligence (AI) is transforming workplaces across the globe, offering businesses new opportunities to improve efficiency, decision-making, and customer service. However, as companies integrate AI into their operations, it’s crucial to navigate the potential human resources (HR) challenges that accompany this technological shift.

The Rise of AI in the Workplace

AI is reshaping the way businesses operate, from automating routine tasks to providing data-driven insights that enhance strategic planning. In HR, AI tools can streamline recruitment by screening resumes, managing employee onboarding, and even predicting staff turnover. AI-powered chatbots and virtual assistants can handle common employee queries, freeing up HR teams to focus on more strategic initiatives.

Key HR Issues to Consider

Bias and Fairness: AI systems are only as good as the data they are trained on. If this data is biased, AI can inadvertently perpetuate discrimination in recruitment, promotions, and other HR processes. Ensuring that AI tools are transparent, fair, and regularly audited for biases is essential.
Privacy and Data Security: AI relies heavily on data, including sensitive employee information. Businesses must ensure robust data security measures are in place to protect against breaches and comply with data protection laws such as GDPR. Transparency with employees about how their data is used is also critical to maintaining trust.
Job Displacement and Reskilling: The automation of tasks traditionally performed by humans can lead to job displacement, raising concerns among employees about their future roles. HR must play a proactive role in reskilling and upskilling employees to adapt to new AI-driven roles, ensuring a smooth transition and maintaining workforce morale.
Ethical Considerations: The use of AI in decision-making processes, especially those affecting employment, can raise ethical questions. HR leaders need to establish clear ethical guidelines around AI use, ensuring decisions remain fair and respect the rights of employees.
Employee Well-being and AI Interaction: The increasing presence of AI can change the workplace dynamics and affect employee well-being. Over-reliance on AI for management decisions can create a disconnect between staff and leadership, leading to reduced job satisfaction. Maintaining a human touch in HR processes is essential to balancing technology with empathy.

Our HR comment: AI in the Workplace| Consensus HR in Herts & Beds

Our HR comment / Advice: –

AI presents tremendous opportunities for enhancing workplace efficiency and effectiveness, but it also introduces new challenges that businesses must carefully manage. By addressing potential HR issues, such as bias, privacy, job displacement, and ethical concerns, companies can ensure a responsible and effective integration of AI into their workplace.

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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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.

Do you need help with your HR and Employment Law?

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02 09 2024

Organic September with Consensus HR in Herts & Beds

Matthew Chilcott General @sg1businessclub, #consensus hr, #consensushr, #networkinbeds, #outsourcedemploymentlaw, bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Did you know?

Embrace Organic September with Consensus HR:

September is celebrated as Organic September, a month dedicated to raising awareness about the benefits of organic farming and organic products. It’s a perfect time to support organic businesses, make healthier choices, and promote sustainable living.

How Consensus HR Supports Organic September:

At Consensus HR, we believe in aligning our values with sustainable and eco-friendly practices. We support Organic September by encouraging our employees and clients to consider organic alternatives and make conscious choices that benefit the environment. This includes promoting organic products, supporting local organic businesses, and integrating sustainability into our HR practices. We encourage our team to take small steps that collectively make a significant impact—whether it’s choosing organic food, reducing plastic use, or supporting businesses that prioritise organic farming.

Join us in celebrating Organic September and making choices that contribute to a healthier planet!

Do you need help with your HR and Employment Law?

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

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.

Do you need help with your HR and Employment Law?

Click Here

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

29 08 2024

Management Development Workshops | Consensus HR in Herts & Beds

Matthew Chilcott General, Training & Development @sg1businessclub, #BTCstevenage, #consensus hr, #consensushr, #hertfordshirebusinesses, #Mental health, #networkinbeds, #outsourcedHR #Stevenage #hertfordshire #bedfordshire @sg1, #stevenge, #workshop, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

Suite of Management Development Workshops | Consensus HR in Herts & Beds

Consensus HR is excited to announce the first three courses in our comprehensive Management Suite, designed to equip managers with essential skills for success.

Delegation Skills

Unlock the secrets to effective delegation with our in-depth course. Learn how to empower your team, improve productivity, and focus on what truly matters. Dive into strategies that ensure tasks are assigned to the right people, maximising efficiency and fostering a collaborative work environment. Learn more and register here.

Managing mental health issues at work

Who is this course for?

Managers aiming to fully understand best practice and how to manage the mental health of the team in all areas of the business

We will cover: definition of mental health, how mental health can be considered a disability, dangers of work-related stress, inform upon the procedure for managing mental health.

Find out more and book you place.

Following our insightful blog post from June 25, 2024, “Managerial Skills – Success Essentials,” we are planning to offer more workshops covering critical areas such as:

Managing and Implementing Performance Management (Appraisals)
Improving and Managing Mental Health in the Workplace
Teamwork & Delegation Skills
Diversity and Equality
Successful Recruitment Interviewing
Communication Skills
Equality & Dignity

Stay tuned for more details and registration information on these upcoming workshops, as we continue to support managers in building stronger, more effective teams.

My HR Comment / Advice: Management Development.

Management Development Workshops | Consensus HR in Herts & Beds

Matthew Chilcott, Owner of Consensus HR comments: “By developing these skills, a manager can navigate the complexities of their role more effectively and create a productive, positive work environment. These skills should be part of an employee’s performance review (Appraisal) which should take place in a structured format at least every six months using their Job Description and measurable Competency Framework.

Managing a team or business is never easy and as I always say “Rome, was not built in a day!”. However, Rome can be built successfully over a structured time frame and with a detailed Management Development Plan for the business owner, manager and team. I know when I was privileged to be a manager many years ago within Hospitalities and Forte Restaurants / Welcome Break, I needed to develop in many management skills as those highlighted within this article. I was lucky as a detailed plan was offered but the majority was on the job at the coal face.

Do you need help with your HR and Employment Law?

Click Here

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

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