Redundancy

13 11 2024

What is HR? | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Contracts, Employment Law, General, Health & Safety, Investigations, Performance Management, Recruitment, Redundancy, Rewards & Benefits, Training & Development

What is HR? Unpacking the Value of Human Resources for Your Business:

As business owners, managers, or employees, you may have heard the term “HR” (Human Resources) thrown around, but have you ever wondered what HR really is and what it does? At Consensus HR, we often find that many people don’t fully realise the scope of HR or how crucial it is to running a successful business. Here, we’ll break down what HR is, what it can do for your business, and how we can help companies of all sizes and sectors prevent people problems.

What is HR?

HR, short for Human Resources, is the department within a company that handles everything related to people – your most valuable asset. This can range from recruitment and training to dealing with legal issues, employee benefits, workplace culture, and more. HR isn’t just about hiring and firing; it’s about managing and developing your team to ensure they work efficiently and in compliance with employment law.

Whether you’re a small business with a few employees or a larger organisation with hundreds, HR plays a pivotal role in making sure your team functions effectively, remains engaged, and that you meet your legal responsibilities as an employer.

What Does HR Do?

Here are some of the key areas HR covers:

Recruitment & Onboarding: HR helps you find the right people for your business and ensures that new employees integrate smoothly into the team.
Performance Management: Ensuring your team is performing at its best is a critical function of HR. This includes conducting appraisals, setting performance goals, and providing feedback.
Training & Development: HR ensures your team is equipped with the right skills, offering development opportunities to grow within their roles.
Employee Relations: Handling conflicts, grievances, and disciplinary issues fairly and legally is vital to maintaining a healthy workplace.
Compliance & Legal Issues: Employment laws are complex and constantly changing. HR ensures that your business stays compliant with laws like the Equality Act 2010, and handles contracts, policies, and procedures to protect your business from legal risks.
Workplace Culture & Well-being: HR plays a critical role in shaping your company’s culture, ensuring a positive working environment, and promoting employee well-being.

How Can Consensus HR Help Your Business?

Many businesses, especially SMEs, don’t have a dedicated HR team, but that’s where we come in. At Consensus HR, we offer outsourced HR solutions to support businesses of all sizes and industries. Whether you’re in retail, hospitality, manufacturing, or a professional services firm, we provide the expertise and guidance you need to manage your team effectively and prevent common people problems.

We’re here to help you:

Develop comprehensive HR policies tailored to your business needs.
Resolve employee disputes before they escalate into legal issues.
Ensure your business is compliant with the latest employment laws.
Manage recruitment and onboarding so you hire the right talent.
Create a performance management system that drives success.

Preventing People Problems:

People problems can have a significant impact on your business if not managed properly. From high staff turnover to poor productivity and even legal challenges, the costs of neglecting HR can add up quickly. Our retained HR services at Consensus HR are designed to help you prevent these issues before they arise, providing you with ongoing support, advice, and solutions to manage your workforce effectively.

In conclusion, HR is a vital function that can make or break your business. At Consensus HR, we understand the challenges employers face and offer practical, personalised HR support that takes the stress out of managing your team. Let us help you prevent people problems and create a productive, compliant, and happy workplace.

Movember UK | Consensus HR in Herts & Beds

If you’re ready to explore how Consensus HR can support your business, visit our website www.consensushr.com or contact us for a consultation. Let’s work together to ensure your business and your team thrive.

Get Involved in Movember 2024:

Whether by growing a moustache, participating in a fitness challenge, or hosting a mental health workshop, there are many ways to get involved with Movember this year. Every little bit helps in raising awareness and funds for crucial men’s health issues.

For more information on how you and your organisation can support Movember UK, visit the official Movember website.

Matthew Chilcott
Owner, Consensus HR

Disclaimer: This article provides general information on the Movember campaign. For specific health concerns or advice, always consult with a healthcare professional.

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

22 05 2024

Workers are increasingly staying put in their current jobs | Consensus HR in Herts, Beds

Matthew Chilcott Blog, General, Recruitment, Redundancy #bedfordshirebusinesses, #consensus hr, #consensushr, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, #outsourcing, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

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In 2024, a noticeable trend in the UK labour market is that workers are increasingly choosing to stay in their current jobs. This phenomenon is driven by several key factors:

1. Economic Uncertainty and Inflation

The UK economy faces significant uncertainty due to fluctuating economic conditions, including persistent inflation. Workers are cautious about job transitions amid concerns over the cost of living, mortgage rates, and economic stability. Staying in a known job provides financial predictability and security in uncertain times.

2. Improved Job Satisfaction

Many UK employers have enhanced job satisfaction by offering flexible working arrangements, including remote and hybrid work models. These changes have led to a better work-life balance for many employees, making their current jobs more attractive.

3. Competitive Compensation and Benefits

To retain talent, UK companies are offering competitive compensation packages, including salary increases, bonuses, and enhanced benefits such as health insurance and pension contributions. These financial incentives reduce the appeal of seeking new opportunities.

4. Career Development Opportunities

Employers are increasingly focusing on internal career development. They are offering training programs, upskilling opportunities, and clear pathways for career progression. Employees are more likely to stay with companies that invest in their professional growth.

5. Labour Market Conditions

The UK job market has seen fluctuations, with some sectors experiencing layoffs and hiring slowdowns. This uncertainty makes workers hesitant to leave stable positions for new roles that may not offer long-term security.

6. Personal and Family Considerations

The pandemic has led many workers to re-evaluate their personal and family priorities. Stability, job security, and the ability to balance work with personal life are now more important than ever. Staying in a current job that meets these needs is often preferable to the risks associated with a job change.

7. Employer Loyalty Programs

Companies are implementing loyalty programs that reward long-term employees with additional benefits, such as extra holiday entitlement, sabbaticals, and loyalty bonuses. These programs encourage employees to remain with their current employers.

Our HR comment:

Our HR Advice / Comment: Workers are increasingly staying put in their current jobs | Consensus HR in Herts, Beds

Matthew Chilcott, Owner of Consensus HR comments: “In 2024, UK workers are increasingly choosing stability over the uncertainties of job transitions. Economic factors, enhanced job satisfaction, competitive benefits, career development opportunities, and personal priorities are all contributing to this trend. Employers who continue to focus on employee satisfaction and development are likely to see higher retention rates in this evolving labour market.”

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20 05 2024

7 Reasons to hire professional HR services. Consensus HR, Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Health & Safety, Investigations, Performance Management, Recruitment, Redundancy, Rewards & Benefits, Training & Development #bedfordshirebusinesses, #Hertfordshire, #hertfordshirebusinesses, #networkinbeds, #outsourcedemploymentlaw, #outsourcedHR, #outsourcing, #professionalservices, #stevenage, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME

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7 Reasons to hire professional HR services. Consensus HR, Herts, Beds – How Professional Services Add Value

It’s understandable that business owners want to cut costs. However, this can often lead to poor advice, a low level of customer service and, potentially, higher costs than the ones initially avoided.

It’s fair to assume that price generally equals quality. You get what you pay for!

Sadly, people often take advice from friends or relatives – or Google – rather than consult a professional consultant/tradesperson, purely to avoid costs.

Whether you need legal, human resources, marketing or trades advice, here’s why it’s best to work with a professional rather than take your friend’s advice:

7 Reasons to Hire Professional Services

Professional qualification/licence. Your contractor/consultant should be professionally qualified or trained. Ask them about their training and experience – they should be proud to tell you about it.
Relevant experience. Too often, cutting corners involves taking advice from someone who does not have the knowledge to adapt their understanding to your specific requirement. A professional can adapt their skills to suit the needs of your business.
Insurance. You are protected by professional insurance should something go wrong, or mistakes made. You should check that the person you are hiring has the right insurances in place before starting to work with them.
A professional contractor/consultant generally completes work faster, as well as to a better standard, than someone who is not fully trained.
Professionals can adapt to your situation and/or changing circumstances as jobs progress.
Peace of mind. The reassurance to be gained by working with someone who demonstrates professional knowledge and offers practical advice is invaluable.
Transparent costs. A credible professional should offer a clear quote. Too often, people are tempted by the ‘no win, no fee’ approach. This can include hidden administration and commission costs amounting to more than the cost of hiring a professional in the first instance.

In-House vs Outsourced HR Support

There are many different aspects involved with these options, making it difficult to make a direct comparison. Key factors to consider are:

Time – 45% of small business owners spend at least one day per week working on HR issues. Is this the best use of their time?
Control – involving an external HR specialist offers a different perspective … solutions based on a wealth of experience blended with a deep understanding of the business.
Expertise – engaging an HR professional fills internal skills gaps and ensures up-to-date professional knowledge is applied to HR practices.
Cost – often, paying a full-time HR employee’s salary is more expensive than outsourcing to an HR consultant, due to the flexible nature of the time required.

How Professional Services Add Value | Consensus HR in Herts, Beds

Our HR comment:

“By not seeking professional advice, you risk incurring greater costs in the long run,” says Matthew Chilcott of Consensus HR. “One of our clients risked incurring penalties of almost £50,000 by not engaging relevant legal expertise when a former employee threatened them with Employment Tribunal (ET) proceedings. The fee involved with using our professional Employment Law service was far lower than their potential ET financial penalties.

“It’s a shame that some people don’t value the training and expertise of professionals until something goes wrong. As well as qualifying within their relevant specialist fields, many consultants must demonstrate continuing professional development to retain their qualification. This means their knowledge and skills are always up to date.”

Matthew adds: “When you pay for a professional, you are paying for years of training and expertise, plus the reassurance of their experience and insurance. Long term, it’s quicker, cheaper and much higher quality.”

Would you like to explore how professional human resources support can help your business?

Talk to the friendly team at Consensus HR. Enjoy a free initial consultation with no pressure or jargon. Oh – and be reassured … our HR team is professionally trained and qualified!

Do you need help with your HR and Employment Law?

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

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.

21 02 2024

Government takes action against ‘fire and rehire’ practices | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Law, General, Recruitment, Redundancy #bedfordh, #consensushr, #Fire, #outsourcedemploymentlaw, #outsourcedhumanresources, #rehire, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

A new statutory Code of Practice concerning certain controversial dismissal tactics will, the Department for Business and Trade (DBT) argues, protect workers’ rights whilst respecting business flexibility.

Dismissal and re-engagement, also known as ‘fire and rehire’, refers to when an employer sacks an employee and then offers them a new contract on new, often less favourable, terms.

Business Minister Kevin Hollinrake said: “Our new Code will crack down on employers mistreating employees and sets out how they should behave when changing an employee’s contract.”

It will, he went on, make clear how employers must behave in this area and help to preserve security and opportunity for those in work.

A consultation on a draft statutory Code that sets out employers’ responsibilities when seeking to change employment terms and conditions ran from 24 January to 18 April 2023.

The Government has now published its response to the 50 replies it received to that consultation. This can be found at https://www.gov.uk/government/consultations/draft-code-of-practice-on-dismissal-and-re-engagement together with an updated draft statutory Code on dismissal and re-engagement.

This has been laid in Parliament for approval by both Houses and, subject to that approval, it will be brought into effect later in the summer.

Employment tribunals will have the power to apply an uplift of up to 25% of an employee’s compensation if an employer unreasonably fails to comply with the Code.

Head of Public Policy at the Chartered Institute of Personnel and Development (CIPD), Ben Willmott, said: “The Code promotes good practice, making clear employers should always seek to agree any changes to terms and conditions with employees and that ‘fire and rehire’ should only be used as an absolute last resort. It highlights the importance of early and meaningful consultation with employees to maximise the chances of finding alternative solutions which can lead to agreement over proposed changes.”

HRInform – 20-02-24

Our HR Comments: – Government takes action against ‘fire and rehire’ practices | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “The updated draft of the Code for dismissal and re-engagement is an interesting read following the feedback received with the power to award a 25% uplift should an employer not follow the Code. The link provided within this article links to the draft code and the history behind ‘fire and rehire’ and I do not find anything new and should be what any reasonable employer would be following resulting in the correct and legal outcome for the employee(s) involved. Good constructive consultation is key as with all HR and management in general, to ensure a suitable outcome for the member(s) of the team, management and business in general. At Consensus HR, we work with our clients to ensure that any amendments proposed are managed professionally and to best practice.”

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If you ever need to recruit and want to ensure that your Recruitment Strategy is fit for purpose and gains the best results for the business and team, give us a call now for a non-obligatory chat on how Consensus HR can help you and your business. Consensus HR | Your Outsourced HR Department – 01438 576750 | “Helping companies take the pain out of managing people whilst Preventing People Problems.”

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18 12 2023

Extended redundancy protection for maternity, adoption or shared parental leave | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Handbook, Redundancy #adoption, #bedfordshirebusinesses, #employmentlaw, #hertfordshirebusinesses, #maternity, #outsourcedhumanresources, #redundancy, #sharedparentalleave, bedfordshire, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, SME, SME's, stevenage

Published in May this year, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 requires secondary legislation to bring its provisions into force and full details can be seen below, together with a number of other planned employment law changes.

The relevant statutory instrument, the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024, has been laid before Parliament in draft form and is expected to come into force on 6 April 2024.

The draft regulations amend the Maternity and Parental Leave, etc Regulations 1999 (SI 1999/3312) (MAPLE), the Paternity and Adoption Leave Regulations 2002 (SI 2002/2788) and the Shared Parental Leave Regulations 2014 (SI 2014/3050).

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Under current rules, before offering redundancy to an employee on maternity leave, shared parental leave or adoption leave, employers have an obligation to offer them a suitable alternative vacancy where one exists. This is set out in Regulation 10 of the MAPLE.

The new legislation will enable this redundancy protection to be extended so that it applies to pregnant women as well as new parents returning to work from a relevant form of leave. This will, the Department for Business, Energy and Industrial Strategy (BEIS) said, help shield new parents and expectant mothers from workplace discrimination, offering them greater job security at an important time in their lives.

The aim is to extend the MAPLE protections through an expanded period covering from when an employee tells their employer they are pregnant until 18 months after the birth.

The 18-month window will ensure that an employee returning from a year of maternity leave can receive six months’ additional redundancy protection. The 18-month window will also apply to adoption leave and shared parental leave.

For those taking shared parental leave who have not taken maternity or adoption leave, there is a six-week threshold of continuous leave that needs to be met for the requirements to apply for a period of time after shared parental leave has ended. Where the six-week threshold is not met, the requirements apply during shared parental leave.

While the details are unlikely to be changed, it is important to note that the above relates to draft regulations which have still to be formally adopted by Parliament.

Our HR Comment: Extended redundancy protection for maternity, adoption or shared parental leave.

Matthew P Chilcott, FCIPD, ACEL, BA (Hons), Owner comments: “We knew this was on its way, when it was published in May this year and it is nice to get some further information from our Chartered Institute & HR inform. This is another piece of legislation that we now know will be coming into force in April 2024, together with Flexible Working from day one of employment. Click Here to read our previous blog on Flexible Working, a day one right.

Other planned Employment Law changes

Proposed rates of SSP and family friendly leave announced – On 28 November 2023, the Government published its proposals for pay rates for family friendly leave, statutory sick pay, and the lower earnings threshold to be applied from April 2024.
Employment Law Newsletter November 2023 (Click here)
- Consultation for Acas new Code of Practice
- Bonus clawback clause in contract not a restraint of trade
- Menopause Manifesto published.
- Worker Protection (Amendment of Equality Act 2010) Act 2023 now in force.
- Remote working claims increase.
New employment laws: update – 2023 /24 (click here)
- The new Laws are:
- Employment (Allocation of Tips) Act 2023
- Carer’s Leave Act 2023
- Protection from Redundancy (Pregnancy and Family Leave) Act 2023
- Strikes (Minimum Service Levels) Act 2023
- Neonatal Care (Leave and Pay) Act 2023
- Workers (Predictable Terms and Conditions) Act 2023
- Pensions (Extension of Automatic Enrolment) Act 2023

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If you run a successful company but are unsure of what legal law and best practice is required for your team, give us a call now for a non-obligatory chat about Outsourced HR and what we can provide you and your team for future success of your business. Consensus HR | Helping companies outsource and manage their HR and Employment Law and Prevent People Problems – 01438 576750

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13 12 2023

Shanks v Lothian Health Board – Unfair dismissal: Reasonable dismissal – Consensus HR | Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Investigations, Performance Management, Recruitment, Redundancy #bedfordshirebusinesses, #consensus hr, #consensushr, #em;l, #hertfordshirebusinesses, #outsourcedhumanresources, #reasonableness, #unfairdismissal, bedfordshire, Business, employment law, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Shanks v Lothian Health Board - Unfair dismissal: Reasonable | Consensus HR - Herts, Beds

Shanks v Lothian Health Board – Unfair dismissal: Reasonable dismissal | Consensus HR – Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is a very interesting case in relation to ‘Reasonableness’ and the fact that when it comes to Law, HR is under Civil Law and the ‘balance of probabilities. Full details of the case can be read by Clicking Here but this press release by our Chartered Instituted explains clearly with a note for employers. In this case, the reasonableness of asking somebody to wear a mask was questioned by the employee who refused despite the employer asking them and all members of the team to wear one which was found to be reasonable. It subsequently resulted in the employee’s dismissal.

Note for employers.

This case is a reminder for employers about the need for reasonableness in decisions on dismissal, and the tests that will be applied to determine this. The EAT judgment made it clear that the focus when determining reasonableness should be on the requirement that the employer is imposing, and not on the employee’s particular views and beliefs on that subject. Where that requirement is to do an act which is lawful, and this is made clear to the employee along with the consequences of non-compliance, taking action up to and including dismissal for breach of that requirement is reasonable.

SUMMARY

When determining whether a requirement put in place by an employer that led to dismissal is reasonable, the tribunal must focus on the reasonableness of the requirement itself and whether the employee’s refusal to follow it was a deliberate and wilful contradiction of the terms of their employment.

LAW

The right not to be unfairly dismissed is found in section 94 of the Employment Rights Act 1996 (“ERA”). Section 98 ERA deals with the fairness of a dismissal and provides that employers must have both a fair reason, selected from a reason provided within that section (in this case, conduct) and have followed a reasonable process in dismissing the employee.

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At Consensus HR, we provide support when it comes to all areas of HR and Employment Law and full detailed information can be found by Clicking Here

British Home Stores Ltd v Burchell [1980]

This case dealt with what an employer needs to establish before dismissing an employee in conduct cases, and led to what is widely known as the “Burchell test”. The test to be applied is as follows:

(a) The employer formed a belief in the employee’s misconduct

(b) They had grounds for that belief based on the investigation

Iceland Frozen Foods Ltd v Jones [1983]

The EAT in this case gave us another test that should be applied, and it is known as the “range of reasonable responses” test. Under this, the tribunal must consider the reasonableness of the employer’s conduct, and not substitute that with what the members of the tribunal themselves would have decided. In many (though not all) cases there is a “band of reasonable responses” to the employee’s conduct within which one employer might reasonably take one view, and another quite reasonably take another. The tribunal must determine if the decision in question falls within or without that band.

Laws v London Chronicle (indicator Newspapers) Ltd [1959] tells us that for conduct to warrant a summary dismissal, it must be a deliberate and wilful contradiction of the contract terms.

FACTS

The claimant worked for the respondent as a catering assistant.

At the start of the covid pandemic, the respondent produced a risk assessment which instructed staff that where social distancing was not possible, a face mask should be worn. A meeting was later held where the catering team were informed that “masks are now part of uniform policy”. Workers were told unless they could provide an exemption letter from a doctor, they would have to wear a mask as instructed or not attend work.

This prompted the claimant to send their manager an email which included links to information regarding face masks. Within that email, the claimant stated that they believed that wearing a face mask would not stop the spread of the virus, and it would decrease their oxygen levels which could lead to hypoxia or severe hypoxia and cardiac arrest. They also claimed that requiring workers to wear a mask unless they could provide a doctor’s exemption letter was a “…massive breach of the Nolan principles, human rights, employment rights, constitutional rights and the common law”. Based on these beliefs, the claimant refused to wear their mask over both their nose and mouth as instructed and continued to attend work, despite being repeatedly told to wear the mask properly.

Eventually and after a number of months of this behaviour, the claimant was suspended from work. This, the claimant was told, was to de-escalate the situation in the kitchen (as the claimant’s colleagues regularly complained about the claimant and their failure to wear their mask properly), because the claimant posed a threat to themselves and others, and to protect the organisation from risk. The claimant was told they could return to work if they agreed to comply with the face mask rules.

An investigation took place into the claimant’s behaviour. They refused to attend any investigation meetings, and informed the respondent that until they provided supporting evidence as to the lawfulness of the mask wearing policy they would not comply. As a result, the claimant was invited to a disciplinary hearing. This found that the claimant had failed to wear a mask whilst at work as instructed and had not provided mitigation beyond not being provided with scientific evidence of the validity of mask wearing. Their refusal to wear the mask properly was deemed to be gross misconduct, and they were summarily dismissed.

The claimant appealed this dismissal. However, this did not proceed as the respondent instructed ACAS that they were not interested in further attempts to settle the dispute and the claimant deemed it no longer necessary to have the meeting as the respondent continued to fail to provide scientific evidence as to the lawfulness of its mask wearing policy.

Claims were brought for unfair dismissal and breach of contract.

EMPLOYMENT APPEAL TRIBUNAL (EAT)

The claimant argued that the requirement to wear a mask was not legitimately founded in regulations and guidance promulgated by the Scottish Government, and as a result was not a reasonable request and therefore the claimant’s conduct in refusing that request was not gross misconduct and the ET had erred in law in finding so.

The EAT did not uphold the claimant’s arguments. The ET had correctly identified that the requirement to wear a facemask was reasonable and that the claimant’s failure to follow that request was sufficient serious to warrant a summary dismissal. The ET had not erred in law and had correctly applied the relevant tests for reasonableness and unfair dismissal.

The appeal did not therefore succeed.

HR Inform – 7^th December 2023

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If you manage a company with a team of employees and are never sure what is classed as reasonable within the law and how to manage correctly should any incidences happen, give us a call now for a non-obligatory chat – 01438 576750. Consensus HR | Helping companies take the pain out of managing people whilst Preventing People Problems.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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08 11 2023

Early years specialist awarded £800k pay-out following unfair treatment | Consensus HR | Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Investigations, Recruitment, Redundancy #bedfordshirebusinesses, #equality, #equalityact2010, #hertfordshirebusinesses, #outsourcedhumanresources, #outsourcing, #unfairdismissal, bedfordshire, Business, Business Owners, employment law, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

An early year’s specialist, Mrs J Healey, has been awarded an £800,000 pay-out after being unfairly treated and dismissed by Lancashire County Council. Mrs Healey, who was diagnosed with cancer in 2014, was absent from work for long periods due to treatment. The council’s restructuring of its early years team in 2018 affected her role, leading to Mrs Healey’s belief of unfair treatment and discrimination. The employment tribunal panel ruled that Mrs Healey had been unfairly dismissed and discriminated against, as the council required her to reapply and compete for a role she had already been performing since 2012. The panel found that the interview process amounted to unfavourable treatment due to her disability. Mrs Healey was awarded compensation of £800,713.59, including loss of earnings and pension. The council has not yet commented on the ruling.

BBC News

Our HR comment: Early years specialist awarded £800k pay-out following unfair treatment | Consensus HR | Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: – “Wow! £800,000. Award for unfavourable treatment due to a disability. This unfortunately is a prime example of when a company, a public Council in this instance does not manage sickness / absence appropriately and in view of the circumstances. At Consensus HR, we always work with our clients to ensure that in all situations, the appropriate investigations take place for all HR scenarios and to identify if there are any mitigating circumstances. This is an interesting case to read and full details can be found by clicking here and reading the outcome of the Employment Tribunal in Manchester. Employers and managers must ensure that they investigate fully in such circumstances or as in this situation and as previously discussed in numerous blogs, this was covered by the Equality Act 2010 (EqA) and unfair dismissal. Claims for discrimination under the EqA can be made from day one of employment and result in uncapped awards.”

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Consensus HR | Does your company wish to not ever be in this situation and work to ensure that all areas of HR are to best practice and the law within the company? If yes, give us a call now for a non-obligatory chat. Consensus HR | Helping companies take the pain out of employing people whilst preventing people problems.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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03 10 2023

Hunt sets out plan to shrink civil service | Consensus HR – Herts, Beds

Matthew Chilcott Blog, General, Recruitment, Redundancy #hertfordshirebusinesses, #outsourcing, #redundancy, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

The Chancellor confirmed plans to clamp down on workshy benefit claimants at the Tory Party conference on Monday, and announced plans to cut the size of the civil service as MPs on the right of the party demand an end to the bloated state. A freeze on civil service recruitment would save £1bn a year, Jeremy Hunt said, as he pledged to hunt down wasteful DEI roles. Mr Hunt also ruled out tax cuts in his Autumn Budget, arguing that they would be inflationary. Asked how the Conservatives can win the next election without slashing taxes, the Chancellor told GB News: “The way you win elections is by making promises that people believe. And we are being very honest with people, there is no shortcut to tax cuts.” Meanwhile, a group of Tory rebels have formed a block to oppose any future increase in the overall tax burden. Former party chairman Sir Jake Berry told an event hosted by the New Conservative Group that the current tax to GDP ratio now stands at 37% and that was too high.

Our HR advice comment: Hunt sets out plan to shrink civil service as pressure mounts to cut taxes | Consensus HR – Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “With the Conservatives Party Conference going on at present and the Chancellors comments yesterday regarding the clampdown on workshy benefit claimants, we wait to see the way forward and how we can help businesses and their teams to continue to work to best practice and the law for the success of the business and the team’s future careers / health.

A few of our previous blogs on this subject can be found below:

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If you have a team and wish to find out, how best it is to create a HR strategy for the future success of the company and team, contact us now.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

Retail union calls on Low Pay Commission to be ambitious on minimum wage rates | Consensus HR in Herts & Beds

20 09 2023

Union calls for answers over Wilko pension deficit | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Redundancy @sg1, #outsourcing, #pensions, #redundancy, #wilko, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

The union representing Wilko workers has called on MPs to question Lisa Wilkinson on how her family, which received almost £100m in dividends in the decade before the retailer’s collapse, will plug the company’s multimillion-pound pension fund deficit. Sir Steve Webb said the pensions regulator “will be all over this and looking very closely at what happened.” Wilkinson previously defended the pay-outs and pointed to its £100m worth of assets and a bank balance of £58m at the time. She told the Times that the board had “checked… there was sufficient cash, we went through the right governance, the auditors checked it off,” adding that what the family had taken out “really wouldn’t have made a difference.” Meanwhile, Wilko’s administrators, PwC, said on Tuesday that 111 more stores will close this week.

The Times

London Evening Standard

The Sun

Our HR comment and advice: – Union calls for answers over Wilko pension deficit | Consensus HR – Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “Since this was first announced in the news, we have followed this situation and a few of our blogs on the subject can be seen below. It is very sad when any business folds and especially when it is such a well know brand as Wilkos. As written throughout, a range of buyers were found but unfortunately for various reasons none were successful, and the business has been broken up and the name sold and now it has been published that there is a pension deficit! My thoughts are with the employees who many worked continually whilst a new buyer was found and who now are going to be made redundant with what I believe in the circumstances will only be statutory redundancy and now questions over their Pension. I wish all of them the best in finding a new role within retail with hopefully ‘The Range’ and other retailers who have already expressed an interest in parts of the business.”

Here are a few of our previous blogs written on the subject:

Wilko administrators urged to consider bids that save jobs | Consensus HR – Herts, Beds
Wilko collapses into administration | Consensus HR – Herts, Beds
Redundancy & Maternity Leave. What is the law?
Redundancy

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If your business is facing difficult times and believe you may have to make major changes to the structure, then gives us a call now to help you work to best practice and the law.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

BP to review personal relationships following Looney departure | Consensus HR – Herts, Beds

Anti-Slavery Day | Consensus HR in Herts & Beds.

07 09 2023

Young workers prioritise diversity initiatives | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Contracts, General, Investigations, Recruitment, Redundancy, Training & Development #equality, #equalityact2010, #GenZ, #outsourcing, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage, Training

Almost three-quarters of the youngest workers want their employer to prioritise diversity initiatives, according to a global study by Ernst & Young. The study surveyed 5,000 adults aged between 18 and 26 years old across the US, UK, Germany, Singapore, and India. It revealed that while most baby-boomers don’t consider a company’s focus on diversity, equity, and inclusion (DEI) when applying for jobs, almost three-quarters of Gen Z workers want their employer to prioritise it. The survey highlighted some of the broader concerns about organisational cultures: 94% of employees said that there was some level of inequity within their workplace amid concerns over equitable pay, performance evaluation and work assignments. Karyn Twaronite, global vice chair of diversity, equity, and inclusiveness for EY, emphasized the importance of DE&I in today’s political and economic climate, stating that it remains a key workplace expectation and a competitive advantage for businesses.

Bloomberg

Our HR comment:- Young workers prioritise diversity initiatives.

Matthew P Chilcott – FCIPD, ACEL, Owner of Consensus HR comments: “When I read this article today, it was great to see that the report demonstrates that the younger generation are fully considering diversity, equity and inclusion when applying for jobs and the importance they see in it, in today’s organisations / business. We have written many blogs / HR updates on this subject and ensure all our clients are kept up to date at all times of current legislation and cases that have been won and Precedents set and ensure they work to best practice and the law. Some recent examples is the Menopause and Flexible Working and the new legislation that has now gained approval through the Government and soon to be launched. At Consensus HR, we like to be on top of law changes and implement as soon as possible through our Contracts, Employee Handbooks and use of our Partnering IT product, Breathe HR.

Here are just a few of our written blogs on the subject

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If you need support on Diversity training for your team, give us a call today.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

31 08 2023

Monthly HR blog Newsletter – August 2023 | Consensus HR, Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Contracts, Employment Law, General, Health & Safety, Recruitment, Redundancy #consensushr, #monthlyHRblog, #monthlyHRNewsletter, #Newsletter, #outsourcing, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

In our current Monthly HR blog Newsletter – August 2023 we have:

Accountancy firms return to in-person interviews.
Office appeal is needed amid remote work spike.
Flexible Working – Are you ready?
Ensure you are working safely at height.
Hand-held power tools video.
UK employers’ resort to counteroffers to retain staff, survey says.
ITV daytime show employees allege toxic culture.
Fines to increase for employers failing to check for illegal migrants.

Accountancy firms return to in-person interviews | Consensus HR – Herts, Beds

Leading accountancy firms are reverting to in-person interviews for hiring as they believe it is easier to assess candidates’ characters. KPMG and Deloitte will be returning to traditional in-person interviews this autumn, while EY is looking to follow suit by the end of the year.

Office appeal is needed amid remote work spike | Consensus HR – Herts, Beds

The Sunday Times says that while some companies are looking to bring staff back into the office, the broader trend of working from home is proving far more resilient.

Flexible Working – Are you ready? | Consensus HR, Herts, Beds

Major changes are on the way for flexible working with the passage into law of the Employment Relations (Flexible Working) Act 2023, which was given Royal Assent on 20 July 2023.

Ensure you are working safely at height | Consensus HR, Herts, Beds

Here is the latest article from the HSE (Health & Safety Executive) in relation to working at Heights which is the most common kind of workplace fatality and a few of the Myths that the HSE have dealt with in the past

Hand-held power tools video | Consensus HR – Herts, Beds

As part of HSE’s Science Review 2023, a video to highlight HSE’s research into noise and vibrations emissions in battery and traditionally powered hand-held power tools was published.

UK employers’ resort to counteroffers to retain staff, survey says | Consensus HR – Herts, Beds

UK employers are increasingly making counteroffers to keep staff who are tempted by higher wages from rival firms, according to a survey of 2,000 employers by the Chartered Institute of Personnel and Development (CIPD) which said human resources executives expected to increase basic pay rates by a median 5% over the coming year – unchanged from the previous two quarters and the joint-highest readings since the survey started in 2012. Pay expectations in the public sector rose to 4%, the highest recorded by the CIPD, from 3.3%.

ITV daytime show employees allege toxic culture. | Consensus HR, Herts, Beds

As part of HSE’s Science Review 2023, a video to highlight HSE’s research into noise and vibrations emissions in battery and traditionally powered hand-held power tools was published.

Fines to increase for employers failing to check for illegal migrants | Consensus HR – Herts, Beds

Robert Jenrick, the immigration minister, has announced plans to increase fines for landlords and employers who fail to check for illegal migrants.

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Here is our latest monthly HR newsletter with just a few of our blogs and if you find any that you have questions about, do not hesitate to contact us.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

Accountancy firms return to in-person interviews | Consensus HR - Herts, Beds

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