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24 06 2024

Disability Discrimination – Policy vs. Practice | Consensus HR, Herts

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusinesses, #consensus hr, #consensushr, #disability, #disabilityinworkplace, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, SME, SME's, stevenage

Our Latest blog: Disability Discrimination: Policy vs. Practice

Equality should be taken seriously in all workplaces. In the UK, the Equality Act 2010 remains the legislation legally protecting people from any kind of discrimination in the workplace and wider society. Employers must be aware of the financial penalties and damage to corporate reputation that may result from non-compliance. However, some employers are not doing all they can to accommodate disabled job applicants.

Disability in the UK Workforce

Disability is associated with higher levels of inequality across the labour force and social and political environments. In the UK, 24% of the total population is classified as disabled (Family Resources Survey). This involves 13 and every 50 females and 11 in every 50 males.

At 29.8%, the disability employment gap in the UK is now at its widest point since 2018. People diagnosed with mental health or emotional disabilities like mood disorders (41%) and unseen disabilities like diabetes (39%) find it easier to get a job compared to other disabled Britons.

UK companies are still struggling to increase disability representation. There were 5.53 million working-age disabled people in employment from October to December 2023, an increase of 338,000 from October to December 2022. The employment rate of disabled people was 54.2%, up from 52.7% a year previously. While the number of disabled people in employment increased, there was still a high disparity between this level and the percentage of non-disabled people in employment. The employment rate for people who were not disabled was 82.0% (UK Parliament).

Disability Discrimination – Policy vs. Practice | Consensus HR, Herts

Supporting Workers with Disabilities

Nearly four out of five Britons with a disability employed in the education (79%), medical and health services (79%) and media, marketing and PR (77%) sectors say that employers don’t do enough to integrate people with a disability into work life. (Source: YouGov, 2023)

The top six employee benefits disabled employees currently receive are:

Wellbeing services to manage condition, such as mindfulness apps (37%)
Private medical care (28%)
Mental health benefits (appropriate to needs) (27%)
Flexibility in job design (24%)
Services that help manage conditions (20%)
Salary will be paid via income protection if unable to work (15%)

(Source: Reba insights, Disability in the Workplace 2023)

Actions for Employers:

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

This will ensure that disability discrimination does not occur in their workplace. But – the behaviours and culture of an organisation must demonstrate what the policy states. If the policy is not used correctly, it will end up being just a typed document with no benefit. In fact, it could lead to discrimination taking place and an uncapped award being made against the company in an Employment Tribunal.

It is essential to get both the policy and practice right to optimise the performance of employees and to minimise the risk of discriminatory behaviour – and possible Employment Tribunal action.

How robust is your policy? Talk to Matthew at Consensus HR and find out!

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.

19 06 2024

Possible financial, reputational, repercussions of not following professional qualified and accredited HR & Employment law Advice | Consensus HR in Herts, Beds

Matthew Chilcott Blog, General #consensus hr, #consensushr, #outsourcedemploymentlaw, #outsourcedhumanresources, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

What are the possible financial, reputational and other repercussions in the UK of not following professional qualified and accredited HR & Employment law advice from a HR Consultant?

In the UK, the repercussions of not following professional, qualified, and accredited HR and Employment law advice from a HR Consultant can be significant and multifaceted. Here are the detailed financial, reputational, and other repercussions:

Financial Repercussions:

Employment Tribunal Claims: Employees can bring claims to an employment tribunal for issues such as unfair dismissal, discrimination, and breach of contract. This can result in substantial financial awards against the company.
Legal Costs: Defending claims in employment tribunals or courts can be very costly, including solicitor fees, barrister fees, and other associated legal expenses.

Average financial costs 2024:

Claims related to unfair dismissal:
- £15,007
Sex discrimination claims:
- £24,478
Disability discrimination claims:
- £30,698
Race discrimination claims:
- £29,036
Age discrimination claims:
- £39,000

Compensation and Settlements: Companies may have to pay significant compensation or settlements to employees for breaches of employment law.
Regulatory Fines: Failure to comply with statutory requirements (e.g., National Minimum Wage, working time regulations) can lead to fines and penalties imposed by regulatory bodies such as HMRC and the Health and Safety Executive (HSE).
Lost Productivity: Time spent dealing with legal disputes and HR issues can reduce overall productivity and efficiency in the workplace.

Reputational Repercussions:

Negative Media Coverage: Employment disputes and tribunal cases can attract negative media attention, damaging the company’s public image.
Social Media Backlash: Negative experiences shared by employees on social media platforms can harm the company’s reputation.
Trust and Credibility Issues: Poor HR practices and legal breaches can erode trust and credibility with customers, clients, and business partners.

Other Repercussions:

Employee Morale and Retention: Poor HR practices and legal issues can lead to low employee morale, higher absenteeism, and increased staff turnover.
Difficulty in Recruitment: A tarnished reputation can make it difficult to attract high-quality candidates, impacting the company’s ability to recruit effectively.
Operational Disruptions: Time and resources spent dealing with HR issues and legal disputes can divert attention from core business activities, leading to operational inefficiencies.
Increased Scrutiny: Non-compliance can lead to increased scrutiny from regulatory bodies, resulting in more frequent audits and inspections.
Internal Conflict: Poor HR management can lead to internal conflicts and a toxic work environment, affecting overall organizational culture and performance.

Legal:

ACAS Involvement: In the UK, the Advisory, Conciliation and Arbitration Service (ACAS) provides guidance and helps resolve employment disputes. Not following professional HR advice may lead to situations where ACAS has to intervene, which can be a signal of deeper issues within the company.
Equality Act 2010: Non-compliance with the Equality Act can result in discrimination claims, which are often costly and damaging to the company’s reputation.
GDPR Compliance: Mishandling employee data can lead to breaches of the General Data Protection Regulation (GDPR), resulting in hefty fines and reputational damage.

Possible financial, reputational, repercussions of not following professional qualified and accredited HR & Employment law Advice | Consensus HR in Herts, Beds

Our HR comment:

Matthew Chilcott, Owner of Consensus HR comments: “In summary, not following professional, qualified, and accredited HR and Employment law advice in the UK can have severe financial, reputational, and operational repercussions, emphasising the importance of compliance and best practices in HR management and by seeking the appropriate professional HR & Employment Advice, you can continue to run your business.”

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?

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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17 06 2024

Reasonable Adjustments re Disability Discrimination | Consensus HR

Our Latest blog: Disability Discrimination: Reasonable Adjustments.

The Equality Act 2010 says that employers must make reasonable adjustments for:

employees and workers,
contractors and self-employed people hired to personally do the work, and
job applicants.

A ‘reasonable adjustment’ is a change to remove or reduce any disadvantage associated with a person’s disability. For employers, this is important when people apply for or perform a role. Action could involve changing an existing employee’s working conditions or environment. When recruiting, at all stages of the recruitment process must not discriminate against disabled applicants.

What does this mean to employers?

It is essential that employers consider any reasonable adjustments to procedures, physical features and aids or services to support disabled employees. Changes could be identified by asking individuals:

Do they need a parking space near the door?
Do they need to be near toilets?
Do they need a different desk or chair?

Employers can also:

Alter an employee’s hours of work.
Do things another way – e.g. allowing someone with social anxiety disorder to have their own desk instead of hot-desking.
Make physical changes – e.g. installing a ramp for a wheelchair user or an audio-visual fire alarm for a deaf person.
Let a disabled person work somewhere else – e.g. on the ground floor for a wheelchair user.
Change their equipment – e.g. providing a special keyboard if they have arthritis.
Allow employees who become disabled to make a phased return to work – e.g. working flexible hours or part-time.
Offer employees training opportunities, recreation and refreshment facilities.

Not making reasonable adjustments becomes unlawful discrimination according to the Equality Act 2010. Necessary changes can be requested. If the person or organisation refuses, an individual can make a discrimination claim under the Act.

Reasonable Adjustments re Disability Discrimination | Consensus HR

Asking the question…

It is essential that every employer complies with employment law requirements.

Under the Equality Act 2010, employers must not ask applicants questions about health or disability before making a job offer, except for certain permitted reasons, (details available upon request).

The Act does allow questions to be asked for the purpose of establishing if any reasonable adjustments should be made during the recruitment process. For example: when inviting an applicant for an interview they should be asked, (either by telephone or in writing), if any reasonable adjustments are needed to enable them to attend.

Our Comment:

Matthew from Consensus HR explains: “Able-bodied people can sometimes forget what they do on a day-to-day basis may vary differently or simply not be possible for somebody with a disability. Examples include walking up and down stairs, standing for long times or how frequently they need to visit the toilet.”

Employers must not make assumptions that no reasonable adjustments are needed. It is up to the employer to find out from the applicant during the recruitment process so that they can offer reasonable adjustments as required. Some applicants prefer not to disclose a disability. In these cases, the employer cannot be expected to make adjustments until it becomes apparent in the workplace or the applicant decides to inform the company.

Employers should always aim to build a trusting relationship with their teams and demonstrate that regardless of a person’s sex, age, colour, or disability (to name a few). All individuals are valued. By building this trust and confidence, the employee will feel able to discuss these core areas should the need occur.

Are you an employer?

What does the Equality Act 2010 mean for you in practical terms?

Talk to Matthew at Consensus HR for practical expert advice without obligation or HR jargon.

Do you need help with your HR and Employment Law?

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

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.”

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11 06 2024

The new “Fire and Re-hire” Code of Practice | Consensus HR in Herts & Beds

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

Latest blog: Fire and Re-hire

DRAFT CODE OF PRACTICE Issued by the Secretary of State under section 203 of the Trade Union and Labour Relations (Consolidation) Act 1992 On dismissal and re-engagement

The new “Fire and Re-hire” Code of Practice, formalised by the Code of Practice (Dismissal and Re-engagement) Order 2024 (SI 2024/708), aims to safeguard workers’ rights against certain dismissal practices. Prompted by the controversial P&O sackings in early 2022, the government introduced this statutory Code to improve industrial relations and provide practical guidance for employers considering changes to employment contracts.

Key points of the Code include:

Effective Date: The Code will take effect on 18 July 2024.
Scope: The Code applies to any situation where an employer is contemplating altering one or more employees’ contracts and might resort to dismissal and re-engagement if mutual agreement on changes cannot be reached.
Exceptions: The Code does not apply to cases where dismissal and re-engagement discussions began before 18 July 2024, or where the dismissal is solely due to redundancy as defined under the Employment Rights Act 1996.
Coverage: It is applicable regardless of the number of employees affected by the proposed changes.

This legal framework is designed to ensure fair treatment in dismissal and re-engagement scenarios, aiming to enhance transparency and promote constructive industrial relations.

Click Here to view the code

The introduction of the “Fire and Re-hire” Code of Practice in the UK comes with both potential benefits and repercussions for various stakeholders. Here’s an overview:

Benefits:

Improved Employee Protection:
- The Code provides clearer guidelines for employers, ensuring that the process of changing employment terms is fair and transparent.
- Employees gain better protection from arbitrary or sudden changes to their employment conditions without proper consultation or justification.
Enhanced Industrial Relations:
- By promoting fair practices, the Code aims to improve trust and cooperation between employers and employees.
- Better industrial relations can lead to a more harmonious and productive workplace.
Clear Framework for Employers:
- Employers receive a structured approach to making necessary changes to contracts, which can help avoid legal pitfalls and disputes.
- The guidance encourages employers to explore all possible alternatives before resorting to dismissal and re-engagement.
Legal Compliance:
- The Code helps ensure that employers comply with legal standards, potentially reducing the risk of costly litigation and reputational damage.

Repercussions:

Administrative and Operational Burden:
- The implementation of the Code might require additional administrative efforts from employers to ensure compliance.
- Smaller businesses might find the process resource-intensive, impacting their operations.
Potential for Increased Disputes:
- While the Code aims to reduce unfair practices, the formalisation of processes could lead to more disputes if employees feel their rights are not being fully respected.
- Employers may face challenges in negotiating changes, potentially leading to industrial action or legal challenges.
Reduced Flexibility for Employers:
- The need to follow a detailed procedure may limit employers’ ability to quickly adapt to changing market conditions.
- Employers might find it more difficult to implement necessary changes to employment terms, potentially affecting business agility.
Impact on Employment Decisions:
- The stricter regulations might lead some employers to be more cautious in hiring, knowing that changing employment terms later could be more complicated.
- There could be an impact on the willingness of employers to offer long-term contracts if they foresee potential difficulties in adjusting terms.

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

The new "Fire and Re-hire" Code of Practice | Consensus HR in Herts & Beds

Our HR comment: Conclusion.

Matthew Chilcott, Owner of Consensus HR comments: “The “Fire and Re-hire” Code of Practice seeks to balance the interests of both employers and employees by ensuring fair treatment and clear procedures. While it brings significant benefits in terms of protection and industrial relations, it also introduces challenges that require careful management. Employers will need to navigate the new landscape thoughtfully to ensure compliance while maintaining operational flexibility with their team and should seek professional HR advice prior to actioning.”

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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).

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

03 06 2024

Social Media and the Recruitment Process | Consensus HR, Herts, Beds

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

Our Latest blog: The Impact of Party Animal Posts

91% of employers use social media as part of their hiring process.

73% of companies have successfully hired a candidate through social media.

These research findings demonstrate the enormous impact of social media on the recruitment process. In addition, 28% of hiring employers are not likely to hire someone without an online presence. (Sources: Glassdoor, CareerBuilder, YouGov.)

All social media is usually researched and accounts are often easily visible unless settings are proactively changed to ‘private’. LinkedIn is the platform most employers use to check candidates’ online presence. It’s also a valuable source of applicants with 45% of recruiters posting content on social media to engage with candidates (StandOutCV).

It’s incredibly important to be socially aware and considerate when posting on social media platforms. This advice is backed up by sobering research findings (YouGov):

28% of employers at large organisations have rejected a candidate during the recruitment process due to their online activity.
16% of people aged 18 – 24 have been rejected for a role at least once due to their social media posts.
32% of Britons support social media checks becoming a standard part of the job application process.

Matthew Chilcott of Consensus HR says: “The job market is so competitive these days. Employers are being very specific about what they want in relation to qualifications and competencies and are only taking on the best applicants. That means your social media presence, whether it be Facebook, LinkedIn, Twitter, Instagram, etc., must be absolutely spotless. The Facebook trawl is becoming standard practice in recruiting and something we use as part of the recruitment process.”

A Positive Impact

Social media profiles can have a favourable impact too. A research participant said: “One candidate’s application wasn’t so great, but her Facebook backed up all the voluntary work she claimed she did. We took her on, and she’s been one of our finest investments.”

Should Social Media Posts Matter?

“A candidate’s qualifications and experience should be an employer’s main focus,” explains Matthew. “However, character and how people portray themselves online are very important too.”

Social media posts can have a negative impact if they involve:

Aggressive or offensive language (75%)
References to drug use (71%)
Bad spelling and grammar (56%)
Drunken pictures (47%)
Political views and activity (29%)
Vanity (26%)

To summarise, while social media content may not be the deciding factor within the recruitment process it is hugely influential and should be managed carefully.

To discuss how social media can help your recruitment process, contact the Consensus HR team for an initial discussion.

Social Media and the Recruitment Process | Consensus HR, Herts, Beds

To Summarise:

While social media content may not be the deciding factor within the recruitment process it is hugely influential and should be managed carefully.

To discuss how social media can help your recruitment process, contact the Consensus HR team for an initial discussion.

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International Stammering Awareness Day | Consensus HR in Herts & Beds

29 05 2024

What could the July general election mean for employment law? | Consensus HR in Herts & Beds.

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Latest blog: July 2024 Election and what it could mean to Employment Law…

Since the Prime Minister Rishi Sunak announced that a general election will be held on 4 July 2024, our Chartered Institute of Personnel & Development (CIPD) have produced the main political parties’ positions on workplace reform.

What could the July general election mean for employment law? | Consensus HR in Herts & Beds.

Labour:

Day-one rights: Remove qualifying periods for basic rights like unfair dismissal, sick pay, and parental leave so they become day-one rights

Strengthen rights: Strengthen existing rights and protections, including for pregnant workers, whistle-blowers, workers made redundant, and workers subject to TUPE processes.

Sick pay: Increase Statutory Sick Pay (SSP) and make it available for all workers including those currently excluded because of low wages

Tackle harassment: Require employers to create and maintain workplaces and working conditions free from harassment, including by third parties.

Family-friendly:Extend statutory maternity and paternity leave; introduce right to bereavement leave; make it unlawful to dismiss pregnant employees for six months after return from maternity leave except in specific circumstances; and review shared parental leave system.

Zero-hours contracts: Ban “one-sided” flexibility; anyone working regular hours for 12 weeks or more will gain right to a regular contract to reflect hours worked; and all workers to get reasonable notice of any change in shifts or working time, and recompense for cancelled shifts.

Mental health:Raise awareness of neurodiversity; and review provision for stress, mental health, and Long Covid.

Update trade union laws:Strengthen trade union right of entry to workplaces; simplify process of union recognition; strengthen protections for trade union reps; and new duty on employers to inform workforce of right to join a union.

Raise wages for workers:Continue commitment to raise National Living Wage; immediately increase National Minimum Wage (NMW) to at least £10 per hour for all workers whose NMW rate is not at that level; reform role of the Low Pay Commission; ensure travel time in sectors with multiple working sites is paid; act on “sleep over” hours in sectors like social care; ban certain unpaid internships; and create Fair Pay Agreements.

Close pay gaps:Act to close gender, ethnicity, and disability pay gaps; permit equal pay comparisons across employers where comparable work is carried out; and publication of ethnicity pay gap to be mandatory for firms with more than 250 staff.

Flexible working:Default right to flexible working from day one with employers required to accommodate this as far as is reasonable.

Caring responsibilities: Strengthen rights of workers to respond to family emergencies with paid family and carer’s leave, flexible working, and greater ability for workers to enforce rights.

Fire and re-hire:Improve information and consultation procedures; and adapt unfair dismissal and redundancy legislation to prevent workers being dismissed for not agreeing to a worse contract.

Right to switch off: Introduce a new right to disconnect and protect workers from remote surveillance.

Enforcement rights:Extend time limit for bringing employment tribunal claims; and remove compensation caps.

Conservatives:

Continue current agenda: Neonatal care leave and pay; reform of industrial action laws; Back to Work Plan including proposed reform of fit notes; reform of umbrella company market; continue with National Disability Strategy; address definition of “sex” in Equality Act 2010; re-introduction of employment tribunal fees; reform of non-compete clauses; and proposed reform to TUPE.
Bills currently being debated:Various including Paternity Leave (Bereavement) Bill; Bullying and Respect at Work Bill; Fertility Treatment (Employment Rights) Bill; and Unpaid Trial Work Periods (Prohibition) Bill.

Liberal Democrats:

Parental leave reform:Give all workers, including self-employed parents, a day-one right to parental leave and pay. Each parent would get six weeks of “use-it-or-lose-it” leave, with 46 weeks of parental leave to share between themselves as they choose. After the initial six weeks, parental pay would be £350 per week.
Increase paternity pay:Increase paternity pay to 90% of earnings, with a cap for high earners.

Our HR comment:

Matthew Chilcott, Owner of Consensus HR, comments:

“This is an interesting article recently published by our Chartered Institute, the CIPD. It indicates that should a specific party win the next General Election, there will likely be significant changes in Employment Law based on their proposals. Only after the 4th of July, 2024, will we begin to understand what changes are coming and their implementation timeline. At Consensus HR, we refrain from discussing politics, as we believe it is a personal choice. However, we are prepared to ensure that all our clients are up to date with best practices and the latest legal requirements, regardless of the changes.”

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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

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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.

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22 05 2024

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

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

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

1. Economic Uncertainty and Inflation

2. Improved Job Satisfaction

3. Competitive Compensation and Benefits

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

4. Career Development Opportunities

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

5. Labour Market Conditions

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

6. Personal and Family Considerations

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

7. Employer Loyalty Programs

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

Our HR comment:

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

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

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15 05 2024

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

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #bedfordshirebusinesses, #consensushr, #euro2024, #football, #networkinbeds, #outsourcedemploymentlaw, #outsourcedhumanresources, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

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The UEFA EURO 2024 kicks off in Munich on Friday 14^th June 2024 and ends with the final in Berlin on Sunday 14^th July 2024 but how could this affect businesses and their teams and what action should be taken?

Employee Productivity and Engagement: The EURO 2024 tournament may lead to distractions in the workplace as employees follow matches or engage in discussions about the games. While some level of excitement and camaraderie can be beneficial for team morale, excessive distractions could affect productivity. Employers may want to establish clear guidelines regarding acceptable levels of engagement with the tournament during working hours and provide flexibility for employees to watch matches during breaks or after work. Additionally, organising internal events such as viewing parties or office sweepstakes can help channel employees’ enthusiasm in a positive way.

Overall, UK businesses should proactively assess the potential impacts of the EURO 2024 tournament and take appropriate actions to capitalise on opportunities while mitigating any challenges. By staying agile, communicating effectively with stakeholders, and embracing the spirit of the tournament, businesses can navigate this period successfully and emerge stronger.

Employers should also note that should either England or Scotland reach the Euro 2024 semi-finals this summer, fans back at home will be able to stay celebrating for an extra two hours if they are in premises already licensed until 11pm for the sale of alcohol for consumption on site.

In a statement to Parliament, available here, the Minister for Crime, Policing and Fire, Chris Philp, confirmed that the Government was proceeding with a proposal to relax licensing hours in England and Wales.

There have been calls for licensing boards in Scotland to follow the UK Government’s example.

The lifting of restrictions will apply on the days of the semi-final (9 and/or 10 July) and final (14 July) of the tournament, provided one of the two Home Nations is represented.

“The Government consider the semi-final and final of the tournament to be an occasion of exceptional national significance and an extension to licensing hours will enable communities to come together at their local licensed premises to support any of the Home Nation teams if they reach the later stages of the tournament and celebrate any subsequent success,” Mr Philp told MPs.

This will, he went on, provide support to the hospitality sector by enabling businesses to extend their trading hours if they so wish.

The Minister’s statement followed the publication of the Government’s response to a consultation which closed on 19 February 2024, and which had asked for comments on the proposal for the extension.

Details of the Home Office consultation and the Government’s response can both be found on the GOV.UK website.

As is usual with these consultations, it lists the number of responses (96 in this case) but also notes that “31 contained no relevant information to any of the questions”.

Of those who did send usable replies, the majority agreed with the proposed extension of opening hours and that the order should only apply to the sale of alcohol for consumption on site in licensed premises in England and Wales.

The minority who disagreed cited potential health impacts or harms and the possibility of increased crime and disorder.

Licensing laws to be relaxed during Euro 2024 | Consensus HR in Herts, Beds – Note for employers.

For employers hoping to take advantage of these extended hours, there are a few things they need to consider. First, unless they are going to rely on staff voluntarily agreeing to work until the later closing time, they will need to check that their contract permits them to change working hours. A guaranteed or compulsory overtime clause may be of use, depending on its wording, or if there is flexibility built into the working hours clause in the contract.

Another issue to consider is the impact on employee rest breaks, and the impact finishing later will have. If an employee’s shift is extended, they may become entitled to a rest break. Or, if they are scheduled to start early the next day, finishing later could prevent them from getting their full daily rest. As it is unlikely this would fall within the exemptions under the Working Time Regulations 1998, compensatory rest may not be possible.

Finally, employers will have to consider the availability of transport for staff at the altered closing time. Public transport may not be available at that time, which could impact how the employee gets home safely. This might therefore limit which staff members can be asked to work.

HRinform & Consensus HR

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

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

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Our Latest blog: Disability Discrimination: Policy vs. Practice

Disability in the UK Workforce

Supporting Workers with Disabilities

Actions for Employers:

Do you need help with your HR and Employment Law?

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Financial Repercussions:

Average financial costs 2024:

Reputational Repercussions:

Other Repercussions:

Legal:

Our HR comment:

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

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Our Latest blog: Disability Discrimination: Reasonable Adjustments.

What does this mean to employers?

Asking the question…

Our Comment:

Are you an employer?

What does the Equality Act 2010 mean for you in practical terms?

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:

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Latest blog: Fire and Re-hire

The introduction of the “Fire and Re-hire” Code of Practice in the UK comes with both potential benefits and repercussions for various stakeholders. Here’s an overview:

Benefits:

Repercussions:

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

Our HR comment: Conclusion.

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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?

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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.

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

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

Our Latest blog: The Impact of Party Animal Posts

91% of employers use social media as part of their hiring process.

73% of companies have successfully hired a candidate through social media.

A Positive Impact

Should Social Media Posts Matter?

To Summarise:

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: July 2024 Election and what it could mean to Employment Law…

Since the Prime Minister Rishi Sunak announced that a general election will be held on 4 July 2024, our Chartered Institute of Personnel & Development (CIPD) have produced the main political parties’ positions on workplace reform.

Labour:

Conservatives:

Liberal Democrats:

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?

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Latest blog: