#bedfordshirebusinesses

09 04 2024

Deutsche Bank to provide menopause pods in London office | Consensus HR | Herts, Beds, UK

Matthew Chilcott Blog, Employment Law, General, Health & Safety, Training & Development #bedfordshirebusinesses, #consensus hr, #consensushr, #employmentlaw, #hertfordshirebusinesses, #outsourcedhumanresources, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, menopause, outsourcedHR, Small Business, SME, SME's, stevenage

Latest blog:

Deutsche Bank to provide menopause pods in London office | Consensus HR | Herts, Beds, UK

Deutsche Bank is set to introduce “reset and recovery pods” in its new London office to support menopausal women. The private booths will feature reclinable chairs and temperature controls to help alleviate symptoms such as hot flushes and migraines. The pods are part of Deutsche Bank’s new wellness suite, which will also include physiotherapy facilities, GP clinics, a mindfulness space, and a multifaith prayer room. The move comes after London headquartered law firm Shoosmiths announced plans to introduce similar “wellness rooms” for menopausal women in its offices. The rooms, which were first introduced in Shoosmiths’ Birmingham office, feature temperature controls, light boxes, and beds for employees to lie down. The introduction of these spaces follows new guidance from the UK’s Equality and Human Rights Commission, which states that menopause symptoms can be considered a disability in the workplace. Employers could face legal action if they do not make reasonable adjustments to support menopausal women.

Daily Telegraph

Our HR comment:

Deutsche Bank to provide menopause pods in London office | Consensus HR | Herts, Beds, UK

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is a subject we have written many blogs on in the past and is interesting to see how this employer is supporting wellness for its team in the workplace. Some of our previous blogs can be seen here:”

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:

Click Here

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.

Your Outsourced Human Resources (HR) Department.

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

08 04 2024

April is Stress Awareness Month: tackle stress in the workplace with five steps in five weeks | Consensus HR | Herts, Beds, UK

Matthew Chilcott Blog, General, Health & Safety #bedfordshirebusiness, #bedfordshirebusinesses, #consensus hr, #consensushr, #outsourcedemploymentlaw, #outsourcedhumanresources, #stress, #stressatwork, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Did you know? April is Stress Awareness Month:

This April, Britain’s bosses are being invited to follow five simple steps to prevent and reduce stress in their workplace.

The Health and Safety Executive’s (HSE) Working Minds campaign has called on employers to support workers mental health during Stress Awareness Month.

Liz Goodwill, head of the work-related stress and mental health policy team at HSE, said: “We are inviting business owners, employers and managers to join others across Britain to make a difference during Stress Awareness Month in five steps.”

Over the course of the month, employers are encouraged to focus on one of the campaign’s 5 Rs for each of the five weeks.

April is Stress Awareness Month: tackle stress in the workplace with five steps in five weeks | Consensus HR | Herts, Beds, UK

They are:

to Reachout and have conversations,
Recognise the signs and causes of stress,
Respond to any risks you’ve identified,
Reflect on actions you’ve agreed and taken,
make it Routine.

Preventing work-related stress isn’t just the right thing to do by workers, it’s the law. All employers are required to prevent work related stress to support good mental health in the workplace.

The Working Minds campaign brings together a range of tools and support to help businesses and workers including free online learning, Talking Toolkits, risk assessment templates and examples.

Liz added: “Failing to manage work-related stress can cost employers in reduced productivity, sickness absence costs, or even losing a valued member of the team. Employers are required to assess the risk of work-related stress impacting their workers, and act on the risks identified.

“As well as guiding you step by step, we provide all the practical templates, tools and resources you need to get started or, you can use it as an opportunity to review what you already do. A huge part of this is making it part of your everyday working life, not just a one-off tick box that gets forgotten about.”

The CIPD, the professional body for HR and people development, and The National Examination Board in Occupational Safety and Health (NEBOSH) are the latest organisations to join as campaign partners, taking the total supporters to more than 30.

Rachel Suff, senior policy advisor, employee relations at the CIPD, says: “Many organisations are reactive and tend to put more emphasis on providing support when people become ill rather than on prevention, including for mental ill health and stress. We need both! We want to see every organisation taking a proactive approach to employee wellbeing. We’re supporting the Working Minds campaign to help employers to create the working conditions and environment that prevents stress and supports good mental health. That also means designing jobs with realistic workloads and targets, and encouraging people to have a healthy work-life balance.”

There are six main areas that can lead to work-related stress if they are not managed properly. These are: demands, control, support, relationships, role and change. Factors like skills and experience, age, or disability may all affect someone’s ability to cope.

Matt Powell-Howard, Head of Product Development at NEBOSH, said: “I’m really pleased that NEBOSH is supporting the Working Minds campaign as we are committed to promoting good mental health and preventing work-related stress. We were delighted to have also collaborated with HSE on the development of the NEBOSH HSE Certificate in Managing Stress at Work qualification, which is designed to help business meet their legal obligations in this area.”

If you are an employer looking for support, a good place to start is to register for free bitesize learning. https://workright.campaign.gov.uk/working-minds-learning/

HSE – 4-04-24

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:

05 04 2024

New legislation on flexible working becomes law tomorrow – 6th April 2024 |Consensus HR | Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General #bedfordshirebusinesses, #consensushr, #flexibleworking, #hertfordshirebusinesses, #networkinbeds, #outsourcedemploymentlaw, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Did you know? The Right to request Flexible Working, starts tomorrow.

New legislation comes into force tomorrow (April 6th) that is designed to encourage more discussion about the possibility of flexible working between employers and their respective employees. Under the terms of the new Flexible Working bill, staff can request flexible arrangements from their very first day on the job – and research conducted among 1,000 UK desk workers by AI-powered platform for work, Slack, indicates that more than half (55%) of the UK workforce will request flexible working hours when the new laws come into effect. Businesses are being advised to prepare themselves for an influx of requests. Chris Mills, Global Head of Customer Success at Slack, said: “The way we work, and employees’ expectations about work, have fundamentally changed over the past few years and flexibility is a key part of that. The research shows it’s an important consideration for people today, and the Flexible Working Bill has brought it back into focus for employees and management.”

Startups

HR Grapevine

People Management

Our HR Comment: New legislation on flexible working becomes law tomorrow – 6^th April 2024 |Consensus HR | Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “The long discussed change to Flexible Working starts tomorrow, Saturday 6^th April 2024 and as indicated in this article from a number of media channels it is anticipated that a large number of employees are going to put in their request, to work flexibly. Employers need to ensure that they have read their companies Flexible Working Policy and that their teams are fully aware of the changes and what is expected by the employer should anybody wish to exercise their right to request a change. As discussed, changes include the right to request from day one of employment, able to request twice a year and changes to the way members of the team apply. Business Owners / Managers need to ensure that when they receive a request that it is managed correctly, fairly and reasonably and to best practice and the law.”

If in doubt, give us a shout!

New legislation on flexible working becomes law tomorrow – 6th April 2024 |Consensus HR | Herts, Beds

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

If you run a business or are a manager and are concerned that you cannot keep up with the current / planned Employment Law changes for your team, give us a call / email now for a non-obligatory chat. Consensus HR | Your Outsourced Human Resources & Employment Law Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems.”

Click Here

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

Your Outsourced Human Resources (HR) Department.

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

02 04 2024

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

Matthew Chilcott Blog, Employment Law, General, Newsletter #bedfordshirebusinesses, #outsourcedemploymentlaw, Business, Business Owners, employment law, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Welcome

In this months blogs recap from a selection of our March 2024, blogs we discuss:

Hilton Foods Solutions Ltd v Wright – Parental leave: Detriment for seeking to take | Consensus HR | Herts, Beds
Our Employment Law Newsletter – March 2024
Workplace mental health service firm faces investigation
Ayche v The Hop Box Ltd – Disability discrimination: Reasonable adjustment

Hilton Foods Solutions Ltd v Wright – Parental leave: Detriment for seeking to take | Consensus HR | Herts, Beds

To be protected against suffering a detriment for seeking to take parental leave, an employee does not formally have to apply to take the leave.

Note for employers:

This provides useful clarity on a particular point of law, and with family related rights under the spotlight as new entitlements are given and existing ones are changed, anything that makes the management of these clearer would be welcomed by employers.

As a result of this case, employers should bear in mind that the protection offered under the regulations arise even where an informal request or indication to make one has been made, and that this protection applies before two years’ service is reached. Employees who make such enquiries or indications should be treated reasonably and fairly both in relation to their leave request and in any other unrelated proceedings or processes that are undertaken.

Our Employment Law Newsletter – March 2024

Welcome to our latest employment law newsletter. In this newsletter, we are focusing exclusively on the changes that will come into force in April 2024.

Workplace mental health service firm faces investigation | Consensus HR | Herts, Beds

Claims about one of the UK’s biggest providers of workplace mental health services are to be investigated by the British Association for Counselling and Psychotherapy (BACP), it has said. BBC Radio 4’s File on 4 programmes has heard allegations that calls from vulnerable people to Health Assured were not always handled properly.

Ayche v The Hop Box Ltd – Disability discrimination: Reasonable adjustment | Consensus HR – Herts, Beds

Note for employers

This case serves as a useful reminder that the obligation to make a reasonable adjustment is firmly on the employer, and it is not enough to simply rely on the employee to find an appropriate “workaround” to a PCP that puts them at a substantial disadvantage because of their disability.

In this case, had the respondent gone back to the claimant regarding the mask, and queried how the claimant was finding having to wear one, it would have become apparent that the mask was not being worn as intended and therefore a more suitable adjustment would have to have been found. By seemingly moving on from the matter without fully dealing with it, the respondent failed to discharge its duties under the EqA and must now wait to hear the outcome of this case, and if any compensation will be owed to the claimant.

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:

28 03 2024

Hilton Foods Solutions Ltd v Wright – Parental leave: Detriment for seeking to take | Consensus HR | Herts, Beds

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusinesses, #consensushr, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, Business, Business Owners, employment law, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

To be protected against suffering a detriment for seeking to take parental leave, an employee does not formally have to apply to take the leave.

Note for employers:

Law:

The law provides protection from dismissal because an employee has “sought” to take parental leave via a combination of Section 99 Employment Rights Act 1996 (“ERA”) and Regulation 20 of the Maternity and Parental Leave etc. Regulations 1999 (MPLR).

Section 99 of the ERA provides that an employee should be treated as unfairly dismissed where the reason (or main reason) for the dismissal relates to leave for family reasons, including parental leave. Regulation 20 of the MPLR adds that this applies where the employee “took or sought to take…parental leave”.

Facts:

The claimant was employed as a Logistics/Supply Chain Manager, working for the respondent for a little over a year before being dismissed on grounds of redundancy. Prior to his dismissal, the claimant had informally discussed taking unpaid parental leave to look after his disabled son with his colleagues, including the HR department, his line manager and the respondent’s managing director. On speaking to the managing director of his intentions, the claimant was reportedly told “so you want to go f*ing legal then” and that he was expected to be in the office “Monday to Friday, 8-5pm with no exceptions”. This was reported to HR, but the behaviour was dismissed as typical for the managing director. In the end, the claimant did not at any time make a formal request to take Parental Leave.

Following the dismissal, the claimant brought a claim for automatic unfair dismissal on the basis that the real reason for the dismiss was his intention to request parental leave, and not redundancy as the respondent had purported.

Employment Tribunal (ET):

At a preliminary hearing the respondent applied to strike out the claim on the basis that it had no reasonable prospect of success. This argument before the ET was based on the fact a formal request for parental leave was never in fact made, despite the claimant acknowledging that this was a requirement to take the leave. As no formal request had materialised, the claimant had not, the respondent argued, as a matter of law have sought to take parental leave, which is necessary for the legal protection to apply.

This was rejected by the ET. It was held that the claimant had made informal enquiries regarding taking parental leave and made it clear on a number of times that he intended to take it. This was sufficient for the ET to find that the claimant had ‘sought’ to take parental leave.

This was appealed by the respondent on the basis that the MPL regulations required a written application to be made in order for it to be said that an employee has sought to take parental leave.

Employment Appeal Tribunal (EAT):

According to the EAT, there is no absolute requirement under the MPL Regulations for an employee to have given notice as set out in those regulations for an employee to have “sought” to take parental leave. The word “sought” is an ordinary English word and in this regard, it should be given its ordinary meaning. Whether or not an employee had sought to take leave under the MPL regulations was therefore a question of fact. Had it been intended otherwise, the regulations would specify that the giving of notice was required for the protection against dismissal to apply, rather than using “sought” instead.

HRInform

Our HR Comment / Advice: – Hilton Foods Solutions Ltd v Wright – Parental leave: Detriment for seeking to take | Consensus HR | Herts, Beds

Matthew Chilcott, Owner of Consensus HR comments: “This is a very interesting recent case and demonstrates that even though it may say in a company’s HR Policies and Procedures that you must apply in writing, if an employee has demonstrated that they intend on taking a specific employee right, this should be seriously taken into account and not ignored, if no official application is received. Employers need to ensure that should any member of the team demonstrate an interest / wish in any employee rights that this is considered and taken into account when any other HR measures are considered. In this situation, and as outlined the two-year ruling did not apply due to the subject. At Consensus HR, we always ensure that our clients follow the law to best practice and the law regardless of length of service and from day one of employment”.

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:

20 03 2024

UK falls down the rankings in Women in Work Index | Consensus HR | Herts, Beds

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusinesses, #consensushr, #equality, #equalityact2010, #equalityanddiversity, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

The UK has slipped four places — from 13th to 17th, the largest annual fall in rankings experienced by any Organisation for Economic Co-operation and Development (OECD) country this year — in the annual Women in Work Index compiled by PricewaterhouseCoopers (PwC).

The Index, which assesses progress made towards achieving gender equality at work across 33 OECD countries, also finds that the UK’s gender pay gap has widened by 0.2%, making it higher than the OECD average and more than half of the other 32 countries assessed on the Index.

It can be found on the PwC website.

Luxembourg, Iceland and Slovenia are currently the best performing with Scotland being the UK’s top performing region, jumping from third place to first.

PwC UK Economist, Tara Shrestha Carney, said: “While a fall in rank is never good news, it’s important to note that the UK’s declining position on the Index is not necessarily because the UK is doing worse, but because other countries are doing things better and faster when it comes to achieving gender equality at work.”

Clearly, though, she went on, progress is too slow. Over the last decade, the UK has consistently lagged behind the OECD in this area and, at the current rate of progress, it will take nearly half a century to close the UK gender pay gap.

The report finds that, even after accounting for a range of pay-determining factors, the pay disparity between women and men in the UK still persists with women earning almost a tenth less than men on average.

This “gender pay penalty” worsens with age, with women between the ages of 46 and 65 experiencing more than twice the gender pay penalty than that of women between 16 and 30 years. Indeed, while a woman entering the workforce faces a pay penalty of around 5.2% on average, this widens to nearly 13% as her career unfolds.

The report highlights the “motherhood penalty”, with women taking on an unequal share of childcare responsibilities, as a key driver.

This is compounded by men often having more time available to perform so-called “greedy jobs”, which demand unpredictable and longer hours and tend to be more highly paid.

Our HR Comment: – UK falls down the rankings in Women in Work Index | Consensus HR | Herts, Beds

Matthew Chilcott, FCIPD, ACEL Owner of Consensus HR comments: “This article is very interesting in relation to our rating slipping four places to 17 and highlights the need for businesses to ensure that they are acting fully on their equality policy as well as working to best practice in all areas of HR such as Recruitment.

Here are a few of our previous blogs written on the subject which can be read by clicking on the heading:

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

Click Here

Are you concerned about Equality within your business?

If you are concerned about your business and its Equality Act and how you are currently ensuring that you are adhering to it with the team and business, give us a call / email now for a non-obligatory chat. Consensus HR | “Helping companies take the pain out of managing people whilst Preventing People Problems.” | Your Outsourced Human Resources & Employment Law Department – 0438 576750

Your Outsourced Human Resources (HR) Department.

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

19 03 2024

Employers can share staff data in a mental health emergency | Consensus HR | Herts, Beds

Matthew Chilcott Blog, General, Health & Safety #bedfordshirebusinesses, #hertfordshirebusinesses, #ico, #Mental health, #outsourcedemploymentlaw, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

The Information Commissioner’s Office (ICO) has published guidance intended to give employers more certainty about sharing their workers’ personal details in the event of a mental health emergency.

The new guidance, which can be found on the ICO website, confirms that data protection law allows organisations to share personal information in an urgent or emergency situation, including to help them prevent loss of life or serious physical, emotional or mental harm.

It provides advice on when and how it is appropriate to share workers’ information when the employer believes that someone is at risk of causing serious harm to themselves, or others, because of their mental health.

ICO Head of Regulatory Strategy, Chris Hogan, said that the ICO wanted to reassure employers that, during a mental health emergency, they should share necessary and proportionate information without delay with relevant and appropriate emergency services or health professionals.

“It is a good idea to plan ahead,” he went on, “as this will help you to make well informed decisions if you need to. Our guidance will help you do that and includes useful case studies to illustrate how the law can work in practice.”

The new publication is part of a range of guidance produced by the ICO to help employers look after personal information in line with data protection law. Other documents can be found here.

Our HR Comments / Advice: Employers can share staff data in a mental health emergency | Consensus HR | Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “The health and welfare of your team, is of the utmost importance and hence why at Consensus HR, we always go to the medical professionals. Whether this be an Occupational Health Assessment or writing to an employee’s doctor once General Data Protection Regulations (GDPR) consent has been received.

The importance of ensuring your business and team is following the GDPR is vital and this article from our Chartered Instituted of Personnel & Development and the Information Commissioners Office (ICO) clarifies when in certain circumstances such as mental health of a member of the team that you can access a worker’s personal details. This is applicable when the employer believes that someone is at risk of causing serious harm to themselves, or others, because of their mental health. The ICO provides some very useful information on the subject. Special care should be taken by employers, in such circumstances and when accessing the documents.”

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

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

Click Here

Are you concerned about what to do when it comes to HR within your business?

If you are worried within your business that you would not know what to do in such circumstances and what is legal / best practice, give Consensus HR a call or email us and we will offer you a non-obligatory chat on the subject. Consensus HR – Your Outsourced HR & Employment Law Department – 01438 576750

Your Outsourced Human Resources (HR) Department.

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

18 03 2024

Salary inflation at the slowest recorded rate in nearly three years | Consensus HR | Herts, Beds

Matthew Chilcott Blog, General, Performance Management, Recruitment, Training & Development #bedfordshirebusinesses, #hertfordshirebusinesses, #hrstrategy, #outsourcedemploymentlaw, #outsourcing, #salaryinflation, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Recruitment, Small Business, SME's, stevenage

While February 2024 saw further increases in rates of starting pay for both permanent and temporary workers, as employers reacted to competition for highly-skilled candidates, the rate of salary inflation was the slowest recorded since 2021.

This is one of the key findings in the latest Report on Jobs published by the Recruitment and Employment Confederation (REC) and KPMG.

Ongoing economic uncertainty and hesitancy to commit to new hires amid cost pressures led to a further marked fall in permanent placements, the report notes, while temp billings dropped at the steepest rate since mid-2020.

With uncertainty over the economic outlook leading employers to often delay or freeze hiring decisions, the number of people placed into permanent jobs across the UK continued to decline markedly midway through the first quarter (Q1) of 2024.

The availability of staff rose for the 12th straight month in February amid reports of redundancies and a slowdown in hiring activity.

REC Chief Executive, Neil Carberry, said: “The temporary labour market is the unsung hero of the economic uncertainty of recent years. It keeps the cogs of the economy turning amidst uncertainty and labour shortages — but it still needs nurturing. As we approach the General Election, businesses will be looking to politicians for commitment on this, and reforms of regulation that will support it from IR35, to regulating of the umbrella market and delivering flexibility to the Apprenticeship Levy.”

The retail and construction sectors led the downturn in demand for temporary workers. Of the 10 surveyed job categories, only blue-collar and engineering noted increases in demand for short-term staff during February.

HRInform

Our HR Comment / Advice:- Salary inflation at the slowest recorded rate in nearly three years | Consensus HR | Herts, Beds

Matthew Chilcott, FCIPD, ACEL, owner of Consensus HR comments: “These statistic from these reports demonstrate the current labour market and vas uncertainties of what to expect with the Election approaching and highlight why businesses need to ensure that their Recruitment Strategy is correct for their business. At Consensus HR, we understand that selecting the right candidates whilst attracting them to your business is never easy, whilst ensuring when you have successfully recruited that you retain them. This is why we always encourage our clients to look at the bigger picture and their companies HR Strategy in general for the success of the business and the member of the team. Getting your recruitment strategy right is the start but then ensuring that they remain motivated and an asset to the company is another chapter. Their Induction, development, performance reviews, Contracts of Employment, Employee Handbooks from day one of employment and the list goes on are all key parts of getting your HR strategy right and becoming an employer of choice. Believe me, this is not easy and maintaining it, is another challenge.

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

Click Here

Are you concerned about your companies HR Strategy?

If you wish to talk to us at Consensus HR about your current HR Strategy for your business and team and look at ways of getting the right candidates in the right places whilst ensuring your is a place where people like to come to work and the business succeeds, give us a call now. Consensus HR | Your Outsourced HR & Employment Law Department | “Helping companies take the pain out of managing people whilst Preventing People Problems” – 01438 576750

Your Outsourced Human Resources (HR) Department.

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

12 03 2024

Gormley v City of York Council – Unfair dismissal: Reasonable investigation | Consensus HR – Herts, Beds

Matthew Chilcott Blog, General #bedfordshirebusinesses, #consensushr, #hertfordshirebusinesses, #outsourcedemploymentlaw, #unfairdismissal, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Summary:

Investigations into alleged gross misconduct should be conducted reasonably. Reasonableness includes not accepting vague or generic allegations and questioning further to get the specifics of the situation.

Note for employers:

This case serves as a reminder for employers of the importance of a fair and thorough investigation prior to disciplinary. It is not enough simply to rely on vague evidence that lacks detail. Especially where gross misconduct is concerned, employers should investigate every angle of the case and only progress from the investigation when they have specifics as to what happened and in what context. Failing to do so, as in this case, can lead to an unreasonable decision and a loss at ET.

Law:

The law on unfair dismissal is found in section 98 Employment Rights Act 1996. Under this section, the dismissal must be for a fair reason (one of which is conduct). The dismissal must also be conducted in a reasonable manner, dependent on the size and resources of the organisation. Failure on either of those points could render the dismissal unfair.

British Home Stores Limited v Burchell [1978] set out a now well-known test to be applied when determining if the dismissal was conducted in a reasonable way. The test:

Did the respondent have a genuine belief in the misconduct of the claimant at the time of the dismissal?
Was that belief based upon reasonable grounds?
Did the dismissal follow a reasonable investigation and a reasonable procedure?

The “Burchell test” is used by ETs to come to a decision on what a hypothetical reasonable employer would conclude in the same circumstances, and therefore if the decision to dismiss was fair and reasonable under section 98 of the above act.

It is important to note however that the “Burchell test” does not impose on employers the need to conduct an investigation on a par with an investigation by the police, for example. In Ulsterbus Limited v Henderson [1989] the Northern Ireland Court of Appeal confirmed that it was not for the reasonable employer to carry out a quasi-judicial investigation into misconduct allegations, or confront and cross-examine witnesses, and that failure to do so does not always lead to an unreasonable outcome.

Employers should also consider any mitigating circumstances around the alleged misconduct. These circumstances can include the context in which the allegation happened, or the words that were said. They should also take into account the impact on the aggrieved party of the allegation, the accused employees disciplinary record and their length of service. These are relevant in determining whether the incident was an isolated event or part of a pattern of behaviour, amongst other things.

Facts:

The claimant was employed as a mental health practitioner by the respondent and was a long serving employee with a clean disciplinary record.

It was alleged by a junior colleague that the claimant had made sexual comments and “unwelcome innuendos” at work, and other comments that the colleague deemed to be “inappropriate behaviour in the workplace”. As a result, the claimant was suspended and subject to an investigation into their behaviour.

In the respondent’s report following its investigation, in which it was decided to progress to a formal disciplinary hearing, it was said that there was evidence that the claimant had engaged “in behaviour including unwanted innuendo and unwelcome jokes or comments that are sexist”.

A disciplinary hearing was held, the outcome of which was dismissal for gross misconduct. The dismissal letter said that the claimant had “engaged in behaviour including unwanted innuendo and unwelcome jokes or comments that are sexist” and noted that a colleague had described the claimant as a “misogynist”. The letter also concluded that “any reasonable person would realise” the practitioner’s behaviour was “likely to offend”.

The claimant brought claims of unfair dismissal and wrongful dismissal.

Employment Tribunal (ET):

Note that as an employment tribunal case, this is not binding authority. ET cases may be persuasive on other tribunal decisions, but unlike those courts higher in the system (EAT, CoA, Supreme Court), they do not have to be followed by other courts and therefore the outcome is only indicative of how a similar case might be treated.

The ET was critical of the respondent’s investigation, finding that the decision to dismiss on grounds of gross misconduct “was not formed on reasonable grounds after a reasonable investigation”. This was due to the respondent’s failure to ask follow-up questions. The allegations were, according to the ET, vague and “lacking specificity and largely generic” as to what innuendo, unwelcome jokes or comments had actually been made by the claimant and the circumstances in which they were made, and failing to address these in the investigation meant that it was inadequate and unreasonable and the Burchell test was not met.

Overall, the ET found that it was not reasonable to conclude that the claimant’s comments were sexual intimidation or bullying, as the evidence did not show that colleague felt vulnerable or was offended by what was said. As a result, the decision to dismiss lay outside the band of reasonable responses and the claim succeeded.

The claimant was awarded £60,700 in compensation.

Our HR Comment / Advice: Gormley v City of York Council – Unfair dismissal: Reasonable investigation | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is an interesting case and the case law given and explains the utmost importance in ensuring an investigation is carried out correctly or could result in a £60,700 payment in compensation. It can be too easy within business to rush an investigation and especially when you are busy, but you must remember that being reasonable at all times whilst following the Acas Code of Practice are a necessity to ensure the right outcome as in this case, it was dismissal.”

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

Click Here

Do you know how to correctly deal with managing your team when it comes to dealing with employee issues?

At Consensus HR, we help companies with employees in the management of their teams and how to ensure this is done the correct way for the team member and business. If you would like to know more on how we can help you with your team, give us a call / email now. Consensus HR | Your Outsourced Human Resources and Employment Law Department | “Helping companies take the pain our of managing people whilst Preventing People Problems – 01438 576750

Your Outsourced Human Resources (HR) Department.

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

11 03 2024

Spring budget 2024: Chancellor encourages more people into work | Consensus HR – Herts, Beds

Matthew Chilcott Blog, General #bedfordshirebusiness, #bedfordshirebusinesses, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, #springbudget, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

A plan to make work pay, Chancellor Jeremy Hunt said as he recommended his latest Budget statement to the House of Commons. He announced very little that had not already been trailed in advance but provided more details of the measures that had been widely discussed in this week’s newspapers and news programmes.

Childcare

The chancellor announced a guarantee on the rates that will be paid to childcare providers to deliver the Government’s offer for children over nine months old for the next two years.

Energy

With the increase in energy prices caused by the conflict in Ukraine expected to last longer, as will therefore the sector’s windfall profits, the chancellor confirmed that he will extend the UK’s windfall tax on the profits of oil and gas companies for another year until March 2029.

Great British Nuclear will begin the next phase of the Small Modular Reactor selection process, Mr Hunt said, with companies now having until June to submit their initial tender responses.

Household Support Fund

Funding aimed at supporting vulnerable households with the costs of basic goods and heating their homes through the cost-of-living crisis, will be extended for a further six months.

Investment

The Government will create a British ISA in the form of an extra £5000 tax-free allowance for the public to invest exclusively in UK businesses with all the tax advantages of other ISAs. “This will be on top of the existing ISA allowances and ensure that British savers can benefit from the growth of the most promising UK businesses,” Mr Hunt explained.

He also plans to force local authorities and defined contribution (DC) pension funds to disclose how much they have invested in UK shares.

Levelling up

AstraZeneca will invest £650 million in the UK and Mr Hunt also announced an additional £650 million investment in the Cambridge Biomedical Campus and a new vaccine manufacturing hub in Liverpool.

Having already allocated £188 million for projects in Sheffield, Blackpool and Liverpool, the chancellor announced that £242 million would be allocated to Barking Riverside and Canary Wharf. This investment will, he said, see nearly 8000 houses being built and it will also transform Canary Wharf into a hub for life sciences companies.

Referring to a “Northeast trailblazer devolution deal”, Mr Hunt said this will provide a package of support for the region potentially worth over £100 million. The West Midlands Combined Authority will be awarded a further £15 million for cultural, heritage and investment projects.

NHS

Promising to double the amount the NHS is investing in IT and AI, the chancellor said there must be more digital input and less time-wasting forms. And, pointing out that police officers currently waste eight hours a week on unnecessary admin, he suggested that this approach could be mirrored in education, the police, courts, and local government with, e.g. more investment in non-court resolutions in the justice system.

The Government will, Mr Hunt said, fund in full the £3.4 billion cost of the NHS “productivity plan” he was introducing this week.

Tax

National Insurance (NI): Double taxation of work (through NI and income tax) is unfair, the chancellor argued. It should be simpler and fairer so, from April 2024, there will be another 2p cut in NI taking it down to 8% and that, Mr Hunt argued, should see total hours worked increase by the equivalent of around 200,000 full-time workers. It will, he said, be worth around £450 a year for someone on an average salary.

VAT:

Having been frozen for seven years, the threshold for VAT registration will go up from £85,000 to £90,000.

Vaping: A vaping tax will be introduced from October 2024, accompanied by an increased tobacco tax to maintain the disincentive to smoking. The freeze on alcohol duty will be extended to February 2025 to protect local pubs.

Child benefit: Turning to child benefit, the chancellor agreed that the current system, whereby it is withdrawn once a parent goes over £50,000, was unfair because it meant that a single parent earning £51,000 would lose the benefit while a couple both earning £49,000 would not. He plans to consult on moving to a household-based system in April 2026 but more immediately, from April 2024, will increase the lower limit to £60,000 and the top of the taper at which it is withdrawn will go up to £80,000.

Non-doms:

With regard to the much-discussed question of taxing non-doms, Mr Hunt confirmed that he was planning to abolish the current system while ensuring that the UK remained competitive in line with other major economies. From April next year, new arrivals in the UK will not be required to pay any tax on foreign income for four years but, if they still live in the UK after that point, they will pay the same tax as other UK residents.

Air transport: Air passenger duty will be increased but only for business travellers, not economy flights.

Holiday lets:

Tax breaks which make it more profitable for second homeowners to let out their properties to holiday makers rather than to long-term tenants to rent will be abolished as will stamp duty relief for people buying more than one dwelling.

Property:

The 28% rate of property capital gains tax will be cut to 24% with the chancellor arguing that the lower tax rate will result in more transactions, leading to more tax revenue.

Full expensing:

Referring back to his announcement last year of full expensing, which he described as a £10 billion tax cut for businesses, Mr Hunt announced his intention to publish draft legislation for full expensing to apply to leased assets.

Performing arts:

Tax reliefs for the performing arts introduced during the Covid-19 pandemic are to be made permanent.

Fuel duty:

Finally, he said that the 5p cut in fuel duty due to end this month will be extended for a further year, meaning that it will stay at 53p per litre.

The chancellor’s speech gives highlights of the Budget with full details available in the 98-page “Red Book” and associated documents which can all be found on the GOV.UK website.

HRInform

Our HR Comment: Spring budget 2024: Chancellor encourages more people into work | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Comments: “Well, everyone will have their opinion on the recent Spring budget 2024 and how it affects you personally but from our point of view it is good to see the section in relation to childcare and the guarantee as this should hopefully help some parents back into work.”

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

Click Here

Are you concerned about the ever changing Employment Law and best pracitice?

If you run a business and have a team and wish to discuss your HR and getting the correct Policies and Procedures in place so that you are working to best practice and the law whilst creating a working environment that is an employer of choice. Give us a call or email now. Consensus HR | Your Outsourced HR and Employment Law Department | “Helping companies take the pain out of managing people whilst Preventing People Problems – 01438 576759

Your Outsourced Human Resources (HR) 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

27 02 2024

More than 500 businesses fail to pay minimum wage | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Contracts, Employment Law, General, Payrol #bedfordshirebusinesses, #consensus hr, #consensushr, #hertfordshirebusinesses, #minimumwage, #outsourcedemploymentlaw, #payroll, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

More than 500 businesses, including Greggs and Harrods, failed to pay some of their employees the minimum wage, according to a list released by the Department for Business and Trade. The analysis, which covers breaches between 2015 and 2023, shows that recruitment agency Staffline topped the list for failing to pay 36,767 workers correctly, while Estée Lauder failed to pay £894,980 to almost 6,000 workers. The report shows that 524 employers have repaid more than 172,000 workers almost £16m, plus an additional penalty, for breaches in paying the statutory national minimum wage. Kevin Hollinrake, the minister for enterprise, markets and small businesses, said: “Employees deserve to get paid properly for the hard work they put in.” Caroline Harwood, an employer tax partner at BDO, said: “It’s always a bit of a shock to see so many well-known names appearing on HMRC’s list of employers who have been found to be in breach of national minimum wage rules.”

The Times

Our HR comment: – More than 500 businesses fail to pay minimum wage | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This never ceases to amaze me, the amount of companies that fail to pay the minimum wage considering our wages are one of the main things we all work for. However, it can also be easier said than done and hence why, the importance of ensuring yearly salary reviews take place, to give businesses the opportunity to make sure all members of the team are paid adequately.

Generally wage increases happen in April each year and is publicised extensively by the Government so as to ensure that all businesses have the information to make any changes needed. The Government has announced the rates of the National Living Wage (NLW) and National Minimum Wage (NMW) which will come into force from April 2024. In doing so, it has accepted in full the recommendations of the Low Pay Commission.

The rates which will apply from 1 April 2024 are as follows:

	NMW Rate	Increase in pence	Percentage increase
National Living Wage (21 and over)	£ 11.44	£ 1.02	9.8%
18-20 Year Old Rate	£ 8.60	£ 1.11	14.8%
16-17 Year Old Rate	£ 6.40	£ 1.12	21.2%
Apprentice Rate	£ 6.40	£ 1.12	21.2%
Accommodation Offset	£ 9.99	£ 0.89	9.8%

Gov.Uk

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

Click Here

Are you concerned about your payroll?

If you ever need to discuss your current payroll for the team and to ensure you are paying the legal and market rate, 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.”

Your Outsourced Human Resources (HR) Department.

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

19 02 2024

Pay settlements set to fall for rest of 2024 | Consensus HR – Herts, Beds

Matthew Chilcott Blog, General, Payrol #bedfordshirebusiness, #bedfordshirebusinesses, #consensushr, #hertfordshirebusinesses, #outsourcedhumanresources, #payroll, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourced hr, Small Business, SME, SME's, stevenage

According to the latest Labour Market Outlook, produced by the Chartered Institute of Personnel and Development (CIPD), employers’ basic pay increase expectations over the next 12 months have fallen for the first time since spring 2020.

Having held steady at 5% for more than a year, UK employers expected basic pay increases for the year ahead have fallen to 4%, the CIPD has reported.

Its report also shows that fewer employers expect their workforce to grow than in previous quarters. Overall, a third (33%) of employer’s plan to increase their total staff level over the next three months while 10% plan to decrease their overall staffing levels.

However, many employers (38%) continue to report hard-to-fill vacancies and one in five respondents (21%) expect significant problems filling roles over the next six months.

Senior Labour Market Economist for the CIPD, Jon Boys, said: “We’ve seen a sustained period of high wage growth in response to a tight labour market, and high inflation pushing up the cost-of-living. Pay growth has helped individuals but it leaves employers with a higher wage bill to cover.”

To see a sustained return to growth, he continued, there needs to be a real focus on boosting productivity by investing in workplace skills and technology.

If firms are planning to reduce base pay increases, Mr Boys suggested that it would be in their interest to highlight their wider benefits package and to improve job quality.

The Labour Market Outlook for Winter 2023–24 can be found here.

HRInform – 13^th February 2024

Our HR Comment: – Pay settlements set to fall for rest of 2024 | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This article from the CIPD, our Chartered Institute has some very interesting statistic and emphasises the importance of business ensuring that their recruitment strategy for their business is correct and attracting / retaining the right talent. A Consensus HR, we work with companies to ensure that when they do recruit, they have all the correct tools in place to make it a success such as: Right advertising and marketing, correct recruitment strategy, writing of a Job Description, drafting of an applicable Contract of Employment, which they must have from day one of Employment. Access to a comprehensive HR Employee Handbook and state of the art IT system where they can gain access to all their / companies HR Policies and Procedures and records and book a holiday. Consensus HR help companies in all areas of Human Resources whilst making sure that our clients are never treated as a number and when they call us, we know straight away what they wish to discuss whilst providing a suitable best practice and Employment Law solution.”

Are you currently considering a pay review?

If you have a team and business that is growing and now are at the stage where you need to recruit or ensure that your company is working to best practice and the law whilst being an employer of choice, contact us now for a non-obligatory telephone conversation. Consensus HR | Your Outsourced Human Resources & Employment Law Department | “Helping companies take the pain out of employing people whilst Preventing People Problems – 01438 576750”.

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

Click Here

Cookie	Duration	Description
cookielawinfo-checkbox-analytics	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional	11 months	The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.

#bedfordshirebusinesses

Latest blog:

Deutsche Bank to provide menopause pods in London office | Consensus HR | Herts, Beds, UK

Our HR comment:

Deutsche Bank to provide menopause pods in London office | Consensus HR | Herts, Beds, UK

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.

Did you know? April is Stress Awareness Month:

They are:

to Reachout and have conversations,

Recognise the signs and causes of stress,

Respond to any risks you’ve identified,

Reflect on actions you’ve agreed and taken,

make it Routine.

Preventing work-related stress isn’t just the right thing to do by workers, it’s the law. All employers are required to prevent work related stress to support good mental health in the workplace.

The Working Minds campaign brings together a range of tools and support to help businesses and workers including free online learning, Talking Toolkits, risk assessment templates and examples.

Liz added: “Failing to manage work-related stress can cost employers in reduced productivity, sickness absence costs, or even losing a valued member of the team. Employers are required to assess the risk of work-related stress impacting their workers, and act on the risks identified.

The CIPD, the professional body for HR and people development, and The National Examination Board in Occupational Safety and Health (NEBOSH) are the latest organisations to join as campaign partners, taking the total supporters to more than 30.

There are six main areas that can lead to work-related stress if they are not managed properly. These are: demands, control, support, relationships, role and change. Factors like skills and experience, age, or disability may all affect someone’s ability to cope.

If you are an employer looking for support, a good place to start is to register for free bitesize learning. https://workright.campaign.gov.uk/working-minds-learning/

HSE – 4-04-24

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.

Did you know? The Right to request Flexible Working, starts tomorrow.

Our HR Comment: New legislation on flexible working becomes law tomorrow – 6th April 2024 |Consensus HR | Herts, Beds

If in doubt, give us a shout!

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.

Welcome

In this months blogs recap from a selection of our March 2024, blogs we discuss:

Hilton Foods Solutions Ltd v Wright – Parental leave: Detriment for seeking to take | Consensus HR | Herts, Beds

Note for employers:

Our Employment Law Newsletter – March 2024

Workplace mental health service firm faces investigation | Consensus HR | Herts, Beds

Ayche v The Hop Box Ltd – Disability discrimination: Reasonable adjustment | Consensus HR – Herts, Beds

Note for employers

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.

Note for employers:

Law:

Facts:

Employment Tribunal (ET):

Employment Appeal Tribunal (EAT):

Our HR Comment / Advice: – Hilton Foods Solutions Ltd v Wright – Parental leave: Detriment for seeking to take | Consensus HR | Herts, Beds

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 HR Comment: – UK falls down the rankings in Women in Work Index | Consensus HR | Herts, Beds

Here are a few of our previous blogs written on the subject which can be read by clicking on the heading:

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

Are you concerned about Equality within your business?

Your Outsourced Human Resources (HR) Department.

Our HR Comment: New legislation on flexible working becomes law tomorrow – 6^th April 2024 |Consensus HR | Herts, Beds