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09 07 2024

When it comes to managing employees, why do you have to manage correctly? | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Contracts, General, Performance Management, Training & Development @sg1businessclub, #bedfordshirebusiness, #bedfordshirebusinesses, #ConsenHR, #consensushr, #Hertfordshire, #managingemployees, #networkinbeds, #outsourcedemploymentlaw, #outsourcedHR, #outsourcedhumanresources, #outsourcing, #stevenage, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support

Our Latest blog: When it comes to managing employees, why do you have to manage correctly?

Managing people is not easy and takes a lot of skills, time and patience but managing employees correctly is crucial for a variety of reasons that impact both the short-term and long-term success of an organisation. Here are some key reasons why effective employee management is essential:

Productivity and Efficiency

Optimised Performance: Proper management ensures that employees understand their roles, responsibilities, and expectations, which leads to better performance and higher productivity.
Clear Goals and Objectives: Setting clear goals helps employees stay focused and aligned with the company’s objectives.

Employee Engagement and Motivation

Job Satisfaction: Good management practices such as recognition, feedback, and career development opportunities increase job satisfaction and reduce turnover.
Motivation: Motivated employees are more likely to be engaged, committed, and willing to go above and beyond in their roles.

When it comes to managing employees, why do you have to manage correctly? | Consensus HR in Herts & Beds

Talent Retention

Lower Turnover Rates: Effective management reduces employee turnover by creating a positive work environment where employees feel valued and supported.
Skill Development: Investing in employees’ professional growth through training and development helps retain top talent.

Company Culture

Positive Work Environment: Good management fosters a positive company culture, which can improve teamwork, communication, and overall morale.
Conflict Resolution: Effective managers handle conflicts professionally and fairly, maintaining a harmonious workplace.

Legal and Ethical Compliance

Avoiding Litigation: Proper management ensures compliance with employment laws and regulations, reducing the risk of lawsuits and legal issues.
Ethical Standards: Managers set the tone for ethical behaviour within the organisation, promoting integrity and trust.

Financial Performance

Cost Efficiency: Efficient management practices lead to better use of resources, reducing waste and unnecessary expenses.
Profitability: High employee productivity and low turnover contribute to the company’s profitability and financial health.

Reputation and Employer Branding

Attracting Talent: Companies known for good management and a positive work environment attract top talent.
Customer Satisfaction: Satisfied employees often provide better service, leading to higher customer satisfaction and loyalty.

Innovation and Growth

Encouraging Creativity: Effective managers create an environment where employees feel safe to share ideas and innovate.
Adaptability: A well-managed team can quickly adapt to changes and new challenges, driving business growth and competitiveness.

What are the Best Practices for Managing Employees:

Clear Communication: Establish open lines of communication to ensure employees are well-informed and can voice their concerns.
Setting Expectations: Clearly define job roles, expectations, and performance metrics.
Regular Feedback: Provide constructive feedback regularly to help employees improve and grow.
Recognition and Rewards: Acknowledge and reward employees’ hard work and achievements.
Training and Development: Offer opportunities for professional development and career advancement.
Fair Treatment: Ensure all employees are treated fairly and with respect, promoting equality and diversity.
Work-Life Balance: Support employees in maintaining a healthy work-life balance to prevent burnout and stress.

My HR Comment / Advice: Managing employees.

Matthew Chilcott, Owner of Consensus HR comments: “In summary, managing employees correctly is vital for maximising their potential, maintaining a positive work environment, ensuring legal compliance, and achieving organisational success. Effective management contributes to the overall health and success of the company and team. Nobody says managing employees is easy and believe me having the opportunity to manage many teams in many sectors from 1 – 450 employees they all take their time, patience, dedication and understanding but by ensuring you follows what is mentioned within this blog, your time managing should be made easier.”

Consensus HR encourages clients to have a policy in place that covers all areas including:

What is it referred to within your business? Personnel or HR? Talk to Matthew at Consensus HR and discuss!”

Further information on my past experience can be found on my LinkedIn profile.

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.

05 07 2024

What happens at an Employment Tribunal (ET)? | Consensus HR in Herts & Beds

Matthew Chilcott Employment Law, General @sg1businessclub, #bedfordshirebusiness, #consensus hr, #consensushr, #employmenlaw, #outsourcedhumanresources, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourced hr, outsourcedHR, Small Business, SME, SME's, stevenage

Latest blog: What actually happens when you have to go to an Employment Tribunal (ET)?

One of the many things we get asked at Consensus HR, is what happens at an Employment Tribunal (ET), should it unfortunately lead to this?

An Employment Tribunal (ET) in the UK is a legal forum where disputes between employers and employees are resolved. These disputes often involve issues such as unfair dismissal, discrimination, wage disputes, breach of contract, and other employment-related matters.

Here’s a detailed overview of what happens at an Employment Tribunal in the UK:

1. Filing a Claim

Claimant: The process begins when the employee (claimant) files a claim with the Employment Tribunal. This must usually be done within three months of the incident or employment termination.
ACAS Early Conciliation: Before filing a claim, the claimant must notify ACAS (Advisory, Conciliation and Arbitration Service) and attempt Early Conciliation to resolve the dispute.

2. Response from Employer

Respondent: The employer (respondent) is notified of the claim and must respond, typically within 28 days. This response will outline their defense against the claim.

3. Pre-Hearing Procedures

Case Management: A preliminary hearing may be held to manage the case, clarify the issues, and set deadlines. This could be conducted via phone or in person.
Disclosure of Evidence: Both parties exchange relevant documents and witness statements.
Settlement Discussions: There may be opportunities for settlement discussions or further conciliation to avoid a full hearing.

4. The Tribunal Hearing

Panel Composition: A typical tribunal panel consists of an Employment Judge and, in some cases, two lay members with experience in employment matters.
Presentation of Cases: Both parties present their cases, starting with the claimant. This includes presenting evidence, calling witnesses, and cross-examining the other party’s witnesses.
Legal Representation: Parties may represent themselves or have legal representation.

5 . Tribunal Decision

Deliberation: After hearing the evidence, the tribunal deliberates and makes a decision.
Judgment: The tribunal issues a judgment, which may be delivered immediately after the hearing or at a later date in writing.
Remedies: If the claimant wins, the tribunal may award remedies such as compensation, reinstatement, or re-engagement.

6. Post-Hearing

Appeals: Either party can appeal the tribunal’s decision to the Employment Appeal Tribunal (EAT) on points of law.
Enforcement: If the employer does not comply with the tribunal’s judgment, the claimant may need to take further legal steps to enforce it.

What happens at an Employment Tribunal (ET)? | Consensus HR in Herts & Beds

Our HR comment:

Matthew Chilcott, Owner of Consensus HR comments: “Going to an Employment Tribunal (ET) is never overall an enjoyable experience and especially when you have to be questioned by the legal representation and is key that you are prepared and know your facts about the case. If you are to be present and be questioned, you would have already completed a Statement which sometimes you may be asked to read to the ET, or they will go direct to questioning you based on your statement. You will firstly be asked to tell the truth, the whole truth with a bible or other religious material based on your religion / belief.

The main thing to remember is that we are dealing with Civil Law and the balance of probabilities and reasonableness, and you need to demonstrate that all the action taken was reasonable and what a reasonable employer would do and that you followed the ACAS code of Practice and relevant law.

This said though and as with any area when it comes to law and giving evidence, it can be stressful but remember to prepare, prepare and prepare and you know your facts and what is within your Statement and the action you took and your legal team/ HR are there to support you.”

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03 07 2024

HR or Personnel? Whats the difference? | Consensus HR in Herts, Beds

Matthew Chilcott Blog, General, Newsletter @sg1businessclub, #bedfordshirebusiness, #consensus hr, #consensushr, #hertfordshirebusinesses, #HR Herts, #HRAdvice, #networkinbeds, #outsourcedemploymentlaw, #outsourcedhumanresources, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Our Latest blog: What is the difference between Human Resources. (HR) & Personnel?

At Consensus HR, one of the comments we generally get asked is “What is the difference between Personnel & Training and Human Resources? they are the same aren’t they?

In answer to these questions, we have put together the following blog. The shift from “Personnel and Training” to “Human Resources” (HR) reflects a broader evolution in the field, emphasising a more strategic and comprehensive approach to managing an organisation’s workforce. Here’s a detailed comparison of the two terms and their implications:

Personnel and Training

Personnel Management:

Administrative Focus: Personnel management traditionally has an administrative and operational focus, dealing with day-to-day employee management tasks.
Record Keeping: Emphasis on maintaining employee records, handling payroll, and ensuring compliance with labour laws and regulations.
Employee Relations: Managing employee relations, handling grievances, and ensuring workplace discipline.
Reactive Approach: Often reactive, dealing with issues as they arise rather than proactively planning for the future.

Training:

Skills Development: Focuses on providing training programs to develop specific skills and competencies required for employees to perform their jobs.
Short-Term Focus: Generally, has a short-term perspective, addressing immediate training needs rather than long-term development.

HR or Personnel? Whats the difference? | Consensus HR in Herts, Beds

Human Resources

Human Resources Management (HRM):

Strategic Focus: HRM takes a strategic approach, aligning the management of people with the overall goals and strategy of the organisation.
Holistic Management: Encompasses a broader range of functions, including recruitment, talent management, employee development, performance management, and succession planning.
Proactive Approach: Proactively addresses workforce planning, employee engagement, and organisational culture.
Employee Experience: Focuses on improving the overall employee experience, from onboarding to career development and retention.

Key Differences:

Scope and Focus:
- Personnel and Training: Primarily administrative, focusing on compliance, record-keeping, and training for immediate needs.
- HR: More comprehensive, encompassing strategic planning, talent management, and aligning HR practices with business goals.
Approach:
- Personnel and Training: Reactive, dealing with issues as they arise.
- HR: Proactive, anticipating and addressing future workforce needs.
Role in the Organisation:
- Personnel and Training: Often seen as a support function, primarily handling administrative tasks.
- HR: Viewed as a strategic partner, contributing to the organisation’s long-term success.
Employee Development:
- Personnel and Training: Focuses on specific training programs to address immediate skill gaps.
- HR: Emphasizes continuous learning, career development, and long-term talent management.
Terminology:
- Personnel and Training: Uses terms like personnel management, employee records, and training programs.
- HR: Uses terms like talent management, human capital, employee engagement, and strategic workforce planning.

Evolution of the Field

The transition to “Human Resources” reflects the evolving recognition of employees as valuable assets (“human capital”) whose development and engagement are critical to organisational success. This shift acknowledges that effective management of human resources contributes significantly to achieving competitive advantage and driving business growth.

My HR Comment / Advice: Personnel or HR? What do you refer to it as?

Matthew Chilcott, Owner of Consensus HR comments: “In summary, while “Personnel and Training” focuses on administrative and operational tasks related to employee management, “Human Resources” represents a more strategic, comprehensive, and proactive approach to managing an organisation’s workforce, recognising employees as key contributors to the organisation’s success.”

Consensus HR encourages clients to have a policy in place that covers all areas including:

What is it referred to within your business? Personnel or HR? Talk to Matthew at Consensus HR and discuss!”

Further information on my past experience can be found on my LinkedIn profile.

Do you need help with your HR and Employment Law?

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

02 07 2024

Checking an employee’s right to work within the UK. |Consensus HR in Herts, Beds

Matthew Chilcott Blog, Employment Law, General, Recruitment @sg1businessclub, #bedfordshirebusiness, #consensus hr, #consensushr, #hertfordshirebusinesses, #networkinbeds, #outsourcedemploymentlaw, #outsourcedhumanresources, #righttoworkuk, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Recruitment, Small Business, SME, SME's, stevenage

Our Latest blog: Is all your team, all legally entitled to work within the UK?

A key part of any companies Recruiting Strategy should be the checking of an employee’s right to work within the UK and assumptions should never be made. Consensus HR firmly emphasisis to all clients to ensure that they obtain the required document as shown within this blog and a copy kept for future use, if needed. When Matthew Chilcott, our business owner worked for a well-known Hospitality company, he went through the process of getting the companies HR files up to date and asked all members of the team to provide a relevant document that proved their right to work in the UK. Even though this was an inconvenience to many, the team all ensured the relevant document was provided so that a copy could be taken. This process identified a member of the team who was NOT authorised to work within the UK and could have resulted in a hefty fine for the company.

So, In the UK, what are employers required to check that all employees have the right to work in the country. We have produced a step-by-step guide on how to check right to work documents:

1. Obtain the Documents

Ensure you have one of the following sets of documents from the employee:

List A: Documents that show the holder is a British citizen or a citizen of the UK and Commonwealth having the right of abode in the UK, or other types of settled status.
List B: Documents that show the holder has a time-limited right to work in the UK.

2. Verify the Documents

Physically check the original documents in the presence of the holder.
Check for authenticity: Make sure that the documents appear genuine, are not expired, and belong to the person presenting them. This involves:
- Checking photographs and dates of birth for consistency across documents and with the person’s appearance.
- Ensuring the expiry dates of any limited leave to enter or remain in the UK have not passed.
- Checking any work restrictions.
- Ensuring the documents are genuine and have not been tampered with.
- Checking the reasons for any different names across documents (e.g., marriage certificate or divorce decree).

Checking an employee’s right to work within the UK. |Consensus HR in Herts, Beds

3. Make Copies and Record the Date

Make a clear copy of each document in a format which cannot later be altered (e.g., a photocopy or a PDF scan).
Record the date on which the check was made.
For passports, copy any page with the document expiry date, the holder’s nationality, date of birth, and photograph, and any page showing immigration endorsements.
For all other documents, make a complete copy.

4. Online Right to Work Check (Optional)

If the employee has an immigration status that can be checked online (such as settled or pre-settled status under the EU Settlement Scheme, or a biometric residence permit/card), you can use the Home Office online service:

The employee will need to provide you with a “share code” which they can obtain from the UK government website.
Use the share code along with the employee’s date of birth to check their right to work online.
Download or print a copy of the online check result and store it.

5. Follow-Up Checks

If the employee has a time-limited right to work, conduct follow-up checks before their right to work expires.
Set reminders to perform these follow-up checks.

6. Use the Employer Checking Service

If the employee cannot provide the necessary documents and you have a reason to believe they have the right to work, you can contact the Home Office Employer Checking Service.

Documents Accepted for Right to Work Check:

List A (permanent right to work):
- UK passport.
- Biometric Residence Permit indicating indefinite leave to remain.
- Passport or national identity card from a European Economic Area (EEA) country or Switzerland.
- Birth or adoption certificate from the UK, Channel Islands, Isle of Man, or Ireland.
List B (temporary right to work):
- Biometric Residence Permit with a time-limited period.
- Passport endorsed to show the holder can stay in the UK and is allowed to work.
- A positive verification notice from the Home Office Employer Checking Service.

My HR Comment: Are all of your team legally entitled to work within the UK?

Matthew Chilcott, Owner of Consensus HR comments: “By following these steps, you can ensure compliance with UK immigration laws and avoid penalties for employing individuals who do not have the right to work in the UK.”

Consensus HR encourages clients to have a policy in place that covers all areas including:

How robust is your Recruitment Strategy? Talk to Matthew at Consensus HR and find out!”

Further information on my past experience can be found on my LinkedIn profile.

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26 06 2024

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

Matthew Chilcott Blog, Employment Contracts, Employment Law, General @sg1businessclub, #bedfordshirebusiness, #consensus hr, #consensushr, #hertfordshirebusinesses, #networkinbeds, #outsourcedemploymentlaw, #outsourcedhumanresources, #outsourcing, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Our Latest blog: Low Pay Commission to be ambitious on minimum wage rates:

Giving evidence on possible future changes to minimum wage rates, the UK’s fifth biggest trade union, Usdaw, has urged the Low Pay Commission (LPC) to be bold when it makes recommendations to the Government this autumn about the rates which are expected to come into force on 1 April 2025.

The union wants the highest possible increase to minimum wage rates, that is above the level of inflation and at least two-thirds of median earnings. It is also calling for an end to “rip-off” youth rates arguing that: “if you’re old enough to do the job, you’re old enough to be paid the rate for the job”.

Its full 17-page response to the LPC, which can be found here, recommends that, at the very least, all adult workers aged 18 should be paid the same rate immediately.

Usdaw has over 350,000 members with most working in the retail sector but with many others in transport, distribution, food manufacturing and the chemical industry. It holds national agreements with four of the UK’s biggest food retailers — the Co-op, Morrisons, Tesco and Sainsbury’s.

The union’s policy is that the National Living Wage should be raised to £12 per hour as soon as possible, as a step towards a long-term ambition of £15, and it urges the LPC to make progress towards this target.

General Secretary, Paddy Lillis, said: “Over the last three years, inflation has increased prices by 22% and food prices have risen even higher, by 30%. Before the cost-of-living crisis Britain desperately needed a pay rise; these sky-rocketing prices have severely devalued wages and too many workers are now at breaking point.”

He highlights Labour’s Plan to Make Work Pay: Delivering a New Deal for Working People

My HR Comment / Advice:

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

Matthew Chilcott, Owner of Consensus HR comments: “From a Human Resources (HR) perspective, there are several compelling reasons why the Low Pay Commission (LPC) should be ambitious in setting minimum wage rates which we have listed below:

Attracting and Retaining Talent:
- Competitive wages help attract skilled and motivated employees. Higher wages can reduce turnover rates, saving costs associated with recruiting, hiring, and training new staff.
Employee Satisfaction and Morale:
- Fair compensation is directly linked to job satisfaction. When employees feel they are being paid fairly, they are more likely to be engaged, productive, and loyal to the company.
Productivity and Performance:
- Better-paid employees tend to be more productive. Higher wages can lead to greater employee motivation, better performance, and higher overall productivity levels.
Reduction in Absenteeism:
- Adequate wages can alleviate financial stress, leading to better mental and physical health for employees. This can result in lower absenteeism and more consistent attendance.
Improving Company Reputation:
- Companies known for paying fair wages are more likely to be seen as ethical and responsible employers. This can enhance the company’s reputation, making it more attractive to potential employees, customers, and investors.
Legal and Compliance Benefits:
- Ensuring wages meet or exceed legal requirements minimises the risk of legal disputes and penalties. Staying ahead of regulatory changes by adopting higher wage standards can provide a buffer against future wage-related legislation.
Economic and Social Responsibility:
- Supporting higher wages contributes to the overall economic well-being of the community. When employees earn more, they can spend more, boosting local economies and supporting other businesses.
Innovation and Creativity:
- Employees who feel valued and financially secure are more likely to contribute innovative ideas and creative solutions. A supportive wage policy can foster a culture of innovation within the company.
Mitigating Risk of Industrial Action:
- Fair pay practices can reduce the likelihood of strikes and other forms of industrial action. This ensures smoother operations and minimises disruptions to the business.

By being ambitious in setting minimum wage rates, the LPC can help create a more motivated, stable, and productive workforce, ultimately benefiting both employees and employers. This also reminds me of my days in Retail and Hospitalities with Forte Welcome Break where all members of the team were paid the same hourly rate regardless of age.”

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12 06 2024

Serious shortfall in childcare places warns spending watchdog | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General #bedfordshirebusiness, #childcare, #consdnsu, #ConsenHR, #consensus hr, #consensushr, #hertfordshirebusinesses, #ourt, #outsourcedemploymentlaw, #outsourcedhumanresources, #workingmums, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Latest blog: Serious shortfall in childcare places warns spending watchdog:

The UK Government’s initiative to expand childcare support aims to facilitate employment for parents by providing subsidised childcare for children between nine months and four years old. However, a recent report from the National Audit Office (NAO) highlights several critical challenges and risks associated with this expansion.

Key Points from the Report:

Current Status:
- As of 7 May, 247,500 two-year-olds have registered for the scheme, with 211,000 children securing a place.
- The Department for Education (DfE) has made notable progress in initiating the program.
Future Challenges:
- By September 2024, an additional 15,500 childcare places are needed nationally.
- By September 2025, this requirement increases dramatically to 84,500 new places.
- A significant portion of local authorities (20%) must boost their supply of childcare hours by 20% or more to meet demand.
Workforce Expansion:
- The DfE needs to expand the early years workforce by approximately 40,000 staff by September 2025.
- The NAO emphasises the necessity of a holistic approach to workforce growth, including a long-term strategy and a detailed delivery plan to address recruitment and retention challenges.
Access and Distribution:
- Access to early years places varies widely depending on local factors such as the number of providers, rurality, and levels of deprivation.
- The Government’s success depends on parents being able to access suitable childcare hours to return to work or increase their working hours.

Recommendations:

Long-term Workforce Strategy:
- Develop and publish a comprehensive workforce strategy and delivery plan to tackle recruitment and retention issues.
- Engage with stakeholders to address the underlying causes of poor retention in the early year’s workforce.
Monitoring and Assessment:
- The DfE should improve its understanding of whether parents are accessing the early years hours they need for employment purposes.
- This involves monitoring the distribution and accessibility of childcare places across different regions.
Support for Providers:
- Provide adequate support to early years providers to help them create the required number of new places.
- Address regional disparities by ensuring sufficient resources and support in areas with higher needs, especially those affected by rurality and deprivation.

Serious shortfall in childcare places warns spending watchdog | Consensus HR in Herts & Beds

Our HR comment:

Matthew Chilcott, Owner of Consensus HR comments: “The Government’s policy on expanding childcare support has the potential to significantly aid parents in maintaining or finding employment. However, achieving the targets set for 2024 and 2025 presents substantial challenges. The success of this policy relies on a coordinated effort to expand the workforce, ensure the availability of childcare places, and address regional disparities. By implementing the NAO’s recommendations, the DfE can better navigate these challenges and improve access to early years education and childcare across the UK. Time will tell, if this succeeds and employers have access to more labour following the general election.”

To view more about our range of HR & Employment Law Services

At Consensus HR, we are proud to offer a wide range of HR & Employment Law services to help our clients with all areas of best practice and Employment Law which can be found by clicking on the button:

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

If your business always wishes that it works in all areas to the benefit of the team and company and as an employer of choice, give us a call or email now for a non-obligatory chat. 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

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10 06 2024

Retaining Personnel Files | Consensus HR | Herts, Beds,

Matthew Chilcott Blog, Employment Contracts, Employment Law, General #bedfordshirebusiness, #consensus hr, #consensushr, #hertfordshirebusinesses, #HR Herts, #outsourcedemploymentlaw, #outsourcedhumanresources, #outsourcing, #personnelfiles, #stevenge, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's

Our Latest blog: Keeping Hold of Personnel Files

What is the right time period for keeping an individual’s HR records?

The Consensus HR team is often asked about personnel files. Queries include what data should be kept and how long for, referring to employees and ex-employees.

The answer? This is such a diverse area that varies according to different aspects of HR. Requirements differ between recruiting new employees, disciplinary & grievance records or performance reviews, for example.

The Data Protection and Digital Information Bill intends to make provision for the processing of and accessing of personal information. Currently being reviewed by the House of Lords, this legislation may achieve Royal Ascent later this year (2024).

For now, the Employment Practices Data Protection Code, published by the Information Commissioner’s Office (ICO), is HR professionals’ reference point. It provides guidance on compliance with the Data Protection Act 2018. Originally produced in 2011, the ICO states that the code remains useful and relevant. It says that employers should “Only retain information on records that is still needed,” and should “eliminate personal information that is no longer of any relevance, once the employment relationship has ended.”

HR Record Retention: The Reality

The key factor is that detailed records should be kept only as long as is necessary for the original purpose for which they were created. The Chartered Institute of Personnel offers a comprehensive summary of requirements (see ‘Retention of HR Records’).

Employers should establish and adhere to standard retention times for different categories of records. Organisations can set their own retention periods based on business need and considering relevant professional guidelines. Recommended retention periods are:

National Minimum Wage records must be kept for six years after the pay reference period that follows the pay period that they cover.
Payroll wage/salary records (also overtime, bonuses, expenses) must be kept for three years from the end of the tax year to which they relate.
Grievance records – the ICO recommends the requested information is retained for a minimum of six months after any internal review provided it is clear that no further action will take place. However, if further action seems likely, a year or longer may be advisable.

A brief record of the grievance may be retained after detailed records are removed from an individual’s personal file. This includes information such as:

Nature
Relevant dates
Investigation
Type of resolution that was reached

Where possible all information about former workers should be kept anonymously. You may need to keep data after the termination of employment for the purposes of defending possible tribunal and court claims. In these circumstances, the time limits for bringing claims will inform the retention period.

Employers should ensure that information is not retained for longer than is necessary without justification. Plus, when information is destroyed, this must be done securely.

Retaining Personnel Files | Consensus HR | Herts, Beds,

Information within HR Records

The Consensus HR team advises our clients to keep a personnel record for every employee containing the following details:

Name
Address
Date of birth
Sex
Education and qualifications
Work experience
National Insurance number
Tax code
Details of any known disability
Emergency contact details
Employment history with the organisation
Employment terms and conditions (e.g. pay, hours of work, holidays, benefits, absence)
Any accidents connected with work
Any training taken
Any Disciplinary / Grievance action

To Summarise:

Would you like to ensure you are keeping the right details of your employees?

Are you confident you are complying with the legal retention requirement?

Contact the friendly experts at Consensus HR. Employment law is one of our specialist areas. Let’s arrange an initial discussion without obligation.

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07 06 2024

Monthly HR blog Newsletter – June 2024 | Consensus HR, Herts, Beds

Matthew Chilcott General, Newsletter #bedfordshirebusiness, #consensus hr, #consensushr, #hertfordshirebusinesses, #HRNewsletter, #outsourcedemploymentlaw, #outsourcedhumanresources, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Welcome to Consensus HR’s monthly blog recap! In this edition, we will be revisiting some of the key discussions from our May 2024 blogs. Here’s a selection of topics we covered:

Employee Retention Strategies: Keeping Top Talent in 2024 –Workers are increasingly staying put in their current jobs | Consensus HR in Herts, Beds
The Role of HR in Crisis Management -Matthews v CGI IT UK Ltd – Procedural Fairness and Unfair Dismissal – | Consensus HR in Herts, Beds
7 Reasons to hire professional HR services. Consensus HR, Herts, Beds
Understanding Sexual Harassment at Work | Consensus HR, Herts, Beds
Failing to follow Code of Practice could cost employers at tribunals | Consensus HR in Herts, Beds.
Employment Tribunal: The Potential Cost to Your Business | Consensus HR in Herts, Beds

Thank you for joining us for this month’s recap. We hope these discussions provide valuable insights and actionable strategies for your HR practices. Stay tuned for more informative blogs in the coming months!

Employee Retention Strategies: Keeping Top Talent in 2024 –Workers are increasingly staying put in their current jobs | Consensus HR in Herts, Beds

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.

The Role of HR in Crisis Management -Matthews v CGI IT UK Ltd – Procedural Fairness and Unfair Dismissal – | Consensus HR in Herts, Beds

In the case of Matthews v CGI IT UK Ltd, the procedural errors were indeed a significant factor in the tribunal’s decision to deem the dismissal unfair. Here’s a detailed explanation of how the lack of fair procedure contributed to this outcome:

Procedural Fairness and Unfair Dismissal:

Adherence to Disciplinary Procedures:

- Employer’s Obligation: Employers are required to follow their own disciplinary procedures and the statutory guidelines (such as the ACAS Code of Practice) when dismissing an employee.
- CGI IT UK Ltd’s Failure: In this case, CGI IT UK Ltd failed to adhere to its internal disciplinary procedures, which led to procedural irregularities. This failure was a critical factor in the tribunal’s finding of unfair dismissal.

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

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:

Click Here to see the 7 reasons.

Understanding Sexual Harassment at Work | Consensus HR, Herts, Beds

Research shows that 58% of women have experienced sexual harassment, bullying or verbal abuse at work (Unison, 2023). This number increases to 62% of women aged 25 – 34 years.

In addition, a TUC (Trades Union Congress) poll found that in 39% of incidents, the perpetrator of the harassment was a third party rather than a colleague in the workplace. (Examples of third parties are clients and suppliers.) The TUC’s May 2023 poll also found that 43% of women have experienced three or more incidents of bullying at work.

Sadly, most victims don’t report sexual harassment as they fear they won’t be believed, or their working relationships and career prospects may be damaged.

Whilst most sexual harassment victims are female, it is important to note that one in ten complaints of sexual harassment in the workplace are from men. (The Diversity Dashboard.)

Failing to follow Code of Practice could cost employers at tribunals | Consensus HR in Herts, Beds.

On 18 July 2024, a revised Code of Practice covering dismissal and re-engagement (popularly known as “fire and re-hire”) comes into force and makes it clear that employers should only resort to this option as a last resort.

The Government’s decision to update the Code was sparked by the outcry in 2022 when P&O Ferries used a video to tell more than 800 staff members that they were being made redundant with immediate effect.

Available here, the Code sets out how employers should act in these situations.

Click Here to read how failure could cost your business dearly.

Employment Tribunal: The Potential Cost to Your Business | Consensus HR in Herts, Beds

Currently, an employee does not have to pay a fee to make a claim to an employment tribunal. Costs may be incurred to pay witness expenses and, if the claim is lost, the costs of the people or organisation brought to the tribunal. This can include the fees of legal and/or HR support.

Around 95% of cases are settled before a full hearing at an Employment Tribunal. However, when a case does go to court, the amount of the award can cost the employer dearly. This is why the Consensus HR team always emphasises the importance of being proactive rather than reactive. We ensure our clients are following legal requirements and best practice in the most effective way possible.

The upper limit of compensation awarded by employment tribunals increased in April 2024. The potential cost to employers has now increased to:

Cap on a Statutory Week’s Pay: £700

(Used for calculating various awards, including statutory redundancy pay and unfair dismissal basic awards.)

Cap on Statutory Redundancy Pay: £21,000

Click Here to see more possible costs and a variety of issues taken to an Employment Tribunal (ET).

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?

04 06 2024

Make sure you are prepared when an inspector calls.| Consensus HR in Herts, Beds.

Matthew Chilcott Blog, General, Health & Safety #bedfordshirebusiness, #bedfordshirebusinesses, #consensus hr, #consensushr, #Health&Safety, #hertfordshirebusinesses, #hse, #inspector, #outsourcedemploymentlaw, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Latest blog: Make sure you are prepared when an inspector calls.

Make sure you are prepared when an inspector calls.| Consensus HR in Herts, Beds.

This is a very interesting article from the Health & Safety Executive (HSE) about the fact that it is important to be prepared when an HSE inspector calls at your business. They will look at how you keep your workers, and anyone who may be affected by your work, healthy and safe.

They may also give you health and safety advice or make sure you are providing suitable welfare facilities.

We have resources that will help you prepare as they explain:

what to expect when an inspector visits your business and how inspections are carried out
why inspections are an important part of keeping people healthy and safe at work.
how to let workers and their representatives know about information an inspector may provide during a visit

You can:

download our leaflet about a health and safety inspector’s visit

watch the animation about an inspector’s call on HSE’s YouTube channel.

Make sure you are prepared when an inspector calls.

Our HR comment:

Our HR Comment: Make sure you are prepared when an inspector calls.

Matthew Chilcott, Owner of Consensus HR comments: “This reminds me of my operational days and the importance of ensuring you are prepared for a visit and this article from the HSE gives you some very useful tools and what to expect.”

To view more about our range of HR & Employment Law Services

Click Here

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

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

27 05 2024

Understanding Sexual Harassment at Work | Consensus HR, Herts, Beds

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusiness, #consensushr, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, #sexual discrimination, #sexual harassment, bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Latest blog:

Understanding Sexual Harassment at Work:

Research shows that 58% of women have experienced sexual harassment, bullying or verbal abuse at work (Unison, 2023). This number increases to 62% of women aged 25 – 34 years.

Sadly, most victims don’t report sexual harassment as they fear they won’t be believed, or their working relationships and career prospects may be damaged.

Whilst most sexual harassment victims are female, it is important to note that one in ten complaints of sexual harassment in the workplace are from men. (The Diversity Dashboard.)

What kind of behaviour constitutes sexual harassment at work?

In simple terms, sexual harassment is unwanted behaviour by anyone in the workplace of a sexual nature against you.

This harassment can be verbal or non-verbal and may make you feel intimidated or uncomfortable and an individual does not have needed to object to a person’s behaviour for it to be considered unwanted.

Examples of sexual harassment include:

unwelcome sexual advances, propositions and demands for sexual favours
unwanted or derogatory comments or nicknames about clothing or appearance
leering and suggestive gestures and remarks or jokes
intrusive questioning or suggestions about your sex life or a colleague’s sex life, and discussing their own sex life
sexual posts or contact on social media
spreading sexual rumours about a person
sending sexually explicit emails or text messages
comments of a sexual nature about your or a colleague’s sexual orientation • comments of a sexual nature about your or a colleague’s gender identity
displaying offensive material, such as pornographic pictures or calendars, including those in electronic forms such as computer screen savers or by circulating such material in emails or via social media
‘upskirting’ that typically involves someone taking a picture under another person’s clothing without their knowledge
predatory behaviour
coercion
physical contact such as the invasion of personal space and unnecessary touching, hugging or kissing through to sexual assault, indecent exposure, stalking and rape (although rape is defined as a separate criminal offence).

The Equality and Human Rights Commission describes sexual harassment:

“Sexual harassment occurs when a person engages in unwanted conduct of a sexual nature that has the purpose or effect of:

violating someone’s dignity, or
creating an intimidating, hostile, degrading, humiliating or offensive environment for them.”

Sexual harassment is unlawful under the Equality Act 2010.

Anyone who experiences sexual harassment at work in the UK is protected by Chapter 1, Section 11 of the Equality Act 2010 and can make a claim to an Employment Tribunal (ET) immediately regardless of length of service. The following characteristics are protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Compensation is usually based on any financial losses as well as injury to feelings and, in some cases, personal injury or aggravated damages.

Understanding Sexual Harassment at Work | Consensus HR, Herts, Beds

Our HR comment:

‘Employers need to ensure they know of any behaviours that may make members of the team feel uncomfortable and take the necessary action,” says Matthew from Consensus HR. “Initially, this may involve telling the individual to stop their behaviour immediately. If they persist, disciplinary action should be taken. All employees need to be fully aware of how they act at work, recognising that what they may see as acceptable behaviour may be felt as degrading or harassing by a colleague.

‘Companies need to ensure that line managers are aware of their responsibilities and employees should not be treated less favourably or involved in behaviour which can be seen as harassment, degrading or uncomfortable. It is up to everyone in the workplace to ensure this happens.

‘Every member of staff must understand that unacceptable behaviour will not be tolerated and will be dealt with accordingly. Failure to act results in employers harming the reputation of the company and themselves. They need to remember that failure could result in an Employment Tribunal taking place, with the potential of a large, uncapped award being awarded to the employee.”

Would you like to know more about this important topic?

Has your business taken the necessary steps to prevent and deal with sexual harassment in your workplace?

Are you aware of the latest employment law updates?

Protect your business and your team members. Talk to the expert team at Consensus HR for honest, practical advice about employment law. Explore the options with an initial discussion, without any cost, pressure or jargon.

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?

21 05 2024

Matthews v CGI IT UK Ltd – Procedural Fairness and Unfair Dismissal – | Consensus HR in Herts, Beds

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusiness, #consensushr, #employmentlaw, #hertfordshirebusinesses, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Latest blog:

Procedural Fairness and Unfair Dismissal:

Adherence to Disciplinary Procedures:

- Employer’s Obligation: Employers are required to follow their own disciplinary procedures and the statutory guidelines (such as the ACAS Code of Practice) when dismissing an employee.
- CGI IT UK Ltd’s Failure: In this case, CGI IT UK Ltd failed to adhere to its internal disciplinary procedures, which led to procedural irregularities. This failure was a critical factor in the tribunal’s finding of unfair dismissal.

2. Adequate Investigation:

- Importance of Thorough Investigation: A fair procedure necessitates a comprehensive investigation into the allegations against an employee.
- Deficiency in Investigation: CGI IT UK Ltd did not conduct a thorough and impartial investigation into the alleged misconduct of Mr. Matthews. This lack of proper investigation meant that the dismissal decision was based on incomplete or potentially biased information.

3. Employee’s Right to Respond:

- Opportunity to Defend: An employee must be given a fair opportunity to respond to the allegations against them.
- Inadequate Opportunity: Mr. Matthews was not given an adequate chance to present his side of the story or challenge the evidence against him. This procedural lapse contributed to the unfairness of the dismissal.

4. Impartiality and Bias:

- Unbiased Decision-Making: Decision-makers in disciplinary processes must act impartially.
- Perceived Bias: The involvement of potentially biased individuals in the decision to dismiss Mr. Matthews raised concerns about the impartiality of the process. Bias in decision-making undermines procedural fairness and the credibility of the dismissal.

5. Impartiality and Bias:

- Unbiased Decision-Making: Decision-makers in disciplinary processes must act impartially.
- Perceived Bias: The involvement of potentially biased individuals in the decision to dismiss Mr. Matthews raised concerns about the impartiality of the process. Bias in decision-making undermines procedural fairness and the credibility of the dismissal.

6. Right to Appeal:

- Fair Appeal Process: Employees should have the right to appeal against a dismissal decision.
- Appeal Issues: The tribunal found that the appeal process provided to Mr. Matthews was not conducted fairly, further contributing to the procedural deficiencies.

Tribunal’s Conclusion:

The tribunal concluded that the dismissal of Mr. Matthews was unfair primarily due to the procedural errors made by CGI IT UK Ltd. The lack of adherence to fair procedures, including inadequate investigation, failure to allow a fair response, potential bias, poor communication, and a flawed appeal process, all contributed to the decision. The procedural lapses meant that the dismissal could not be justified as a fair outcome, even if there might have been substantive reasons for considering dismissal.

Licensing laws to be relaxed during Euro 2024 | Consensus HR in Herts, Beds

Key Takeaway:

In employment law, procedural fairness is critical to ensuring that any dismissal is just and fair. The case of Matthews v CGI IT UK Ltd underscores the principle that a dismissal can be rendered unfair purely based on procedural inadequacies, regardless of the substantive reasons for dismissal. Employers must rigorously follow fair procedures to uphold the standards of fairness and avoid legal challenges for unfair dismissal.

To view more about our range of HR & Employment Law Services

Click Here

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

Your Outsourced Human Resources (HR) Department.

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

Why Your Business Needs Employment Contracts. | Consensus HR in Herts, Beds

08 05 2024

Updates to RIDDOR guidance | Consensus HR in Herts, Beds

Matthew Chilcott Blog, General, Health & Safety @sg1businessclub, #bedfordshirebusiness, #consensushr, #Health&Safety, #networkinbeds, ¢hertfordshire, bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Latest blog: Health & Safety – RIDDOR

There are no changes to legal requirements, but the updated guidance will help you understand how and when to submit a report under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR).

The improvements are based on feedback from stakeholders.

Main changes to the guidance:

more direct links to guidance on types of reportable incidents to help you decide whether a report is required.
improved guidance on who should and should not report under RIDDOR.
improved guidance on what is meant by a ‘work-related’ accident.
information on when an occupational disease is not reportable.
increased clarity on when an ‘over-7-day’ absence should be reported.

Main changes to the forms:

questions about severity of injuries have been frontloaded to help you quickly decide if your incident is reportable.
pop-up messages now redirect you if the incident is not reportable.
guidance has been improved to make the forms easier to use.
injured or affected people now have increased number of options when completing the gender field.

Find the updated guidance on RIDDOR

Updates to RIDDOR guidance | Consensus HR in Herts, Beds

Our HR comment:

Our HR comment: Updates to RIDDOR guidance | Consensus HR in Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This new updated guidance from the Health & Safety Executive (HSE) is another great, user friendly tool for business owners when having to report under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) and brings me back to when I worked for Forte Restaurants, Welcome Break and Veolia Water and reportable occurrences happened. The Guidance provided here, is clear, user friendly and in plain English, thus allowing all businesses to ensure, that should the need occur, they can report the incident correctly. I also like the ability to fill in forms directly on your computer rather than having to print them off and complete.

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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Our Latest blog: When it comes to managing employees, why do you have to manage correctly?

Productivity and Efficiency

Employee Engagement and Motivation

Talent Retention

Company Culture

Legal and Ethical Compliance

Financial Performance

Reputation and Employer Branding

Innovation and Growth

What are the Best Practices for Managing Employees:

My HR Comment / Advice: Managing employees.

Do you need help with your HR and Employment Law?

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

Latest blog: What actually happens when you have to go to an Employment Tribunal (ET)?

One of the many things we get asked at Consensus HR, is what happens at an Employment Tribunal (ET), should it unfortunately lead to this?

An Employment Tribunal (ET) in the UK is a legal forum where disputes between employers and employees are resolved. These disputes often involve issues such as unfair dismissal, discrimination, wage disputes, breach of contract, and other employment-related matters.

1. Filing a Claim

2. Response from Employer

3. Pre-Hearing Procedures

4. The Tribunal Hearing

5 . Tribunal Decision

6. Post-Hearing

Our HR comment:

Do you need help with your HR and Employment Law?

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

Our Latest blog: What is the difference between Human Resources. (HR) & Personnel?

Personnel and Training

Personnel Management:

Training:

Human Resources

Human Resources Management (HRM):

Key Differences:

Evolution of the Field

My HR Comment / Advice: Personnel or HR? What do you refer to it as?

Do you need help with your HR and Employment Law?

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

Our Latest blog: Is all your team, all legally entitled to work within the UK?

1. Obtain the Documents

2. Verify the Documents

3. Make Copies and Record the Date

4. Online Right to Work Check (Optional)

5. Follow-Up Checks

6. Use the Employer Checking Service

Documents Accepted for Right to Work Check:

My HR Comment: Are all of your team legally entitled to work within the UK?

Do you need help with your HR and Employment Law?

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

Our Latest blog: Low Pay Commission to be ambitious on minimum wage rates:

My HR Comment / Advice:

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

Do you need help with your HR and Employment Law?

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

Latest blog: Serious shortfall in childcare places warns spending watchdog:

Key Points from the Report:

Recommendations:

Our HR comment:

To view more about our range of HR & Employment Law Services

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

Your Outsourced Human Resources (HR) Department.

Our Latest blog: Keeping Hold of Personnel Files

What is the right time period for keeping an individual’s HR records?

HR Record Retention: The Reality

Information within HR Records

To Summarise:

Would you like to ensure you are keeping the right details of your employees?

Are you confident you are complying with the legal retention requirement?

Do you need help with your HR and Employment Law?

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

Welcome to Consensus HR’s monthly blog recap! In this edition, we will be revisiting some of the key discussions from our May 2024 blogs. Here’s a selection of topics we covered:

Thank you for joining us for this month’s recap. We hope these discussions provide valuable insights and actionable strategies for your HR practices. Stay tuned for more informative blogs in the coming months!

Employee Retention Strategies: Keeping Top Talent in 2024 –Workers are increasingly staying put in their current jobs | Consensus HR in Herts, Beds

1. Economic Uncertainty and Inflation

2. Improved Job Satisfaction

The Role of HR in Crisis Management -Matthews v CGI IT UK Ltd – Procedural Fairness and Unfair Dismissal – | Consensus HR in Herts, Beds

Procedural Fairness and Unfair Dismissal:

Adherence to Disciplinary Procedures:

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

Understanding Sexual Harassment at Work | Consensus HR, Herts, Beds

Failing to follow Code of Practice could cost employers at tribunals | Consensus HR in Herts, Beds.