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23 07 2024

Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #bedfordshirebusiness, #consensus hr, #consensushr, #hertfordshirebusinesses, #HRAdvice, #HRSupport, #networkinbeds, #sexual discrimination, #sexual harassment, #sexualharassment, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

The Equality and Human Rights Commission (EHRC) has released updated guidance on the new sexual harassment legislation, which takes effect on October 26, 2024. This new guidance introduces a mandatory duty for employers to take “reasonable steps” to prevent sexual harassment in the workplace. Key points include:

1. Preventative Duty:

Employers must actively prevent sexual harassment by their own employees as well as third parties, such as clients and customers. This duty does not extend to other forms of harassment or discrimination under the Equality Act 2010 (Clyde & Co) (DLA Piper).

2. Enforcement and Compensation:

If an employer fails to meet this preventative duty, they could face enforcement actions by the EHRC. Additionally, employment tribunals can increase compensation by up to 25% in successful sexual harassment claims where the employer is found to have breached this duty (Equality and Human Rights Commission) (DLA Piper).

3. Reasonable Steps:

What constitutes “reasonable steps” will vary depending on the size and resources of the employer. Steps may include conducting risk assessments, updating policies, training employees, and implementing effective reporting mechanisms (Equality and Human Rights Commission)

4. Consultation:

The EHRC is currently seeking feedback on the updated guidance, with the consultation period running until August 6, 2024 (DLA Piper).

Our HR comment:

Our Comments: – Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

Matthew Chilcott, Owner of Consensus HR comments: “We have written a number of blogs on this subject which can be seen below, and Employers are advised to proactively assess risks and implement measures to prevent sexual harassment, ensuring compliance with the new legal requirements by the October 2024 deadline whilst ensuring behaviours within their companies and its culture follows best practice and the law.”

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22 07 2024

Liz Kendall, Work and Pensions Secretary sets out details of Back to Work Plan | Consensus HR in Herts, Beds.

Matthew Chilcott Blog, Employment Law, General, Performance Management, Recruitment @sg1businessclub, #backtowork, #backtoworkplan, #bedfordshirebusinesses, #consensus hr, #consensushr, #hertfordshirebusinesses, #networkinbeds, #returntowork, #sickness, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

The UK government recently unveiled details of its “Back to Work Plan” aimed at reducing long-term unemployment and supporting those with disabilities or long-term health conditions. The plan, announced by the Work and Pensions Secretary, includes several key initiatives to help people get off benefits, stay healthy, and secure employment.

Key components of the plan include:

Enhanced Employment Support: The government is expanding programs like NHS Talking Therapies and Individual Placement and Support (IPS) to provide more comprehensive support for those seeking work (Recruiter) (Express.co.uk).
Reform of Work Capability Assessments: Changes are being made to the Work Capability Assessment process to better evaluate and support individuals with disabilities or health conditions. This aims to ensure more accurate assessments of individuals’ abilities to work and to provide appropriate support (RNIB).
Intensive Job Coaching and Training: Unemployed claimants will receive regular support from work coaches. If they remain unemployed, they will be referred to the Restart scheme, which offers 12 months of intensive training. Persistent unemployment may lead to mandatory work placements or other activities designed to improve employability (RNIB).
Youth Employment Guarantee: The plan includes a guarantee for young people aged 18 to 21, providing opportunities for training, apprenticeships, or job placements (Express.co.uk).
Integration of Services: The plan aims to merge Jobcentre Plus and National Careers Services to create a more streamlined and effective support system for job seekers (Express.co.uk).

(Recruiter) (Express.co.uk).

Our HR comment:

Our HR Comment: – Labour to hold bad employers accountable, says TUC chief | Consensus HR in Herts & Beds

Matthew Chilcott, Owner of Consensus HR comments: “We have written a couple of blogs pre- and post-Election and many of the points raised in this article are what we have written about and highlights what we have always said at Consensus HR, businesses have nothing to worry about if they are working to best practice and the law and that is what we do with our clients.”

Here are our previous blogs on the subject:

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18 07 2024

Kings Speech – July 2024 – what does it mean to businesses and their HR? | Consensus HR in Herts & Beds

Matthew Chilcott Blog, General @sg1businessclub, #hertfordshirebusinesses, #HRSupport, #kingsspeech24, #networkinbeds, #outsourcedHR #HRADvice, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Following the King’s Speech on Wednesday 17^th July 2024, Consensus HR noticed several implications for Human Resources (HR) within businesses in the UK. As expected, the speech outlined the new government’s (Labour) priorities and legislative agenda under Prime Minister Keir Starmer’s administration. Here are some of the key points relevant to HR:

1. Employment Law and Workers’ Rights:

- There are plans to strengthen workers’ rights, including proposals for fairer wages and better working conditions. This includes potentially increasing the minimum wage and ensuring more secure contracts for workers.
- The government is also focusing on improving parental leave and flexible working arrangements to support work-life balance.

2. Skills and Training:

- Emphasis is being placed on upskilling the workforce. Businesses may need to invest more in training and development programs to align with government initiatives aimed at enhancing productivity and innovation.

3. Diversity and Inclusion:

- There is a renewed commitment to promoting diversity and inclusion in the workplace. This includes measures to close gender and ethnicity pay gaps and to ensure equal opportunities for all employees.

4. Health and Well-being:

- The government intends to enhance mental health support within workplaces. Employers might need to implement more comprehensive health and well-being programs to comply with new regulations and support their employees’ mental health

5. Regulatory Changes:

- - There will be updates to existing employment regulations to ensure they are fit for the modern workplace, particularly in the context of remote and hybrid working arrangements.

6. Environmental Policies:

- - The government’s push towards a greener economy means businesses might need to adopt more sustainable practices. This could involve changes in how businesses operate and manage their resources, impacting HR policies related to sustainability training and green initiatives.

Our HR comment:

Kings Speech – July 2024 – what does it mean to businesses and their HR? | Consensus HR in Herts & Beds

Matthew Chilcott, Owner of Consensus HR comments: – “It was great to finally hear the Kings Speech and what the new Government has planned initially when it comes to HR. These changes will necessitate staying updated with new legislation, revising company policies, and ensuring compliance with the upcoming regulations. We will ensure that our client’s businesses are prepared for these adjustments by engaging with and enhancing their HR strategies to meet the evolving needs of the workforce whilst working to best practice and the currently ever-changing Employment Law.”

For more detailed information, you can refer to the original announcements from the government and various news sources (moneyweekuk) (GOV.UK).

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17 07 2024

July 2024 Employment Law Newsletter | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #bedfordshirebusiness, #bedfordshirebusinesses, #ConsenHR, #consensus hr, #hertfordshirebusinesses, #networkinbeds, Business, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Welcome to our latest July 2024 Employment Law Newsletter | Consensus HR – Herts, Beds. In this newsletter, we focus on:

Poultry Workers travel time not ‘working time’
Improved workplace provision for those menstruating
Generative AI is not replacing jobs
Subject Access Request (SAR) denial upheld where there is a risk of intimidation
Commenting on colleagues appearance could count as sexual harassment

Poultry workers travel times not ‘working time’

In Taylors Service Ltd (dissolved) and another v The Commissioners for HM Revenue and Customs [2024] EAT 102, the Employment Appeals Tribunal (EAT) held that time spent ‘just’ travelling was not ‘time work’ for the purposes of regulation 30 of the National Minimum Wage Regulations 2015, and nor could it be deemed to be ‘time work’ under the exception for travel time in regulation 34.

Time work is defined as work outside of salaried work for which a worker is entitled to be paid. Travel time between jobs or business locations can be treated as time work. However, the following is not classed as time work:

Travel between the worker’s home and their usual place of work.
Travel between the worker’s home and an assignment.

In this case, Taylors Service Ltd (TSL) and Taylors Poultry Services (TPS) engaged workers on zero hours contracts and supplied them to the poultry industry. The companies provided a minibus that would collect the workers from their homes (or occasionally from their business premises) and transport them directly to their first assignment. On top of a normal working day, these journeys could be up to eight hours long. The workers were paid £2.50 per hour.

In 2020, HMRC decided that the time workers spent travelling to and from farms around the country should be reimbursed at the NMW and issued Notices of Underpayment totalling around £62,000 of wage arrears, plus penalties. TSL and TPS had their claim against the wage arrears dismissed in the Employment Tribunal (ET). However, the EAT overturned the ET’s ruling, citing the Supreme Court’s decision in Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad and another (t/a Clifton House Residential Home) [2021] UKSC 8. In this case, the Supreme Court held that care workers who were expected to sleep at, or near, their workplace, and be available to be called on during the night, were not entitled to the NMW for their entire sleep-in shifts. When workers were sleeping, they were not working; rather they were ‘available to work’. The EAT, having examined the Supreme Court’s reasoning, stated that time spent travelling to work could not be classed as working unless there was work to be done whilst travelling.

The EAT recognised that this decision may be unfair as the workers had no choice but to travel long distances if they accepted specific assignments; however, it was for Parliament, not the Courts, to amend any defects in the legislation.

Improved workplace provision for those menstruating

A study by Heriot-Watt University, which reviewed evidence on menstrual health and conducted 55 interviews, revealed that menstruation remains a significant cultural taboo in many workplaces. The research highlights that women, trans and non-binary people who menstruate face challenges, including poor access to toilets and washing facilities, and pain and mental health symptoms.

The study calls for line managers to be educated on the topic, the introduction of menstrual health education programmes, and for menstrual products to be made available in all workplace toilet and bathroom facilities.

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

Generative AI is not replacing jobs

Putting to rest fears of mass unemployment (for now), research by Nash Squared, a global provider of technology and talent solutions, found that whilst 74% of UK tech employers have incorporated generative AI into their business to some extent, 51% say that it is used as a productivity tool to support existing jobs, with 99% stating that it will not replace employees.

Subject Access Request (SAR) denial upheld where there is a risk of intimidation

In Harrison v Cameron and other [2024] EWHC 1377 (KB), the High Court upheld a Controller’s refusal to name people recorded in a heated telephone conversation in response to a SAR. This was because there was a significant risk of the SAR requester intimidating the recipients of the recording.

Commenting on colleagues appearance could count as sexual harassment

The ET has ruled that telling a colleague they look “nice” could be sexual harassment. According to The Telegraph, a senior lawyer made such a comment to a legal secretary at his law firm before asking her “Am I allowed to say that?”.

The comment was found by the ET to be a sexual one which created an “intimidating” environment for the Claimant who described feeling “violated”. Although it did not on its own breach any employment laws, taken alongside other incidents of ‘unwanted conduct’, it could result in an employee making a successful ET claim.

This newsletter does not provide a full statement of the law and readers are advise to take legal advice before taking any action based on the information contained herein’.

Our HR Comment / Advice: – March 2024 Newsletter | Consensus HR | Herts, Beds, UK

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: – “April 2024 sees a number of Employment Law Changes across a range of areas, and it is important that businesses keep up with the changing of Employment Law so that they are always working to best practice for the benefit of the team and success of the business. At Consensus HR, we ensure that all our monthly retained clients who have invested in an Employee Handbook for their team and business continually have their copies updated and recommend that all members of the team are briefed on the changes, generally through the use of the fully interactive HR IT system.”

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If you manage a team and wish to ensure the smooth running of all HR and Employment Law aspects required with the team, give us a call now for a non-obligatory chat and can talk through our vast range of services, we can offer for a small monthly / one-off investment. Consensus HR | Your Outsourced Human Resources & Employment Law Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems – 014338 576750

16 07 2024

Labour to hold bad employers accountable, says TUC chief | Consensus HR in Herts & Beds

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

TUC General Secretary Paul Nowak has expressed strong support for Labour’s commitment to holding bad employers accountable. This initiative is part of Labour’s broader “New Deal for Working People,” which aims to enhance workers’ rights and conditions.

The new policies include banning zero-hours contracts, ensuring day-one rights for all workers, and improving sick pay. These measures are designed to address long-standing issues of job insecurity and poor working conditions, which have been exacerbated by the Conservative government’s policies since 2010 (LabourList) (HR Magazine).

A recent poll conducted by the Chartered Management Institute (CMI) shows overwhelming support from British managers for these policies, indicating a broad recognition that improved workers’ rights can lead to better productivity and workplace morale (LabourList).

Labour’s plan also includes stronger family-friendly policies and a right to disconnect, which have garnered significant support. By focusing on creating secure, fair, and flexible working environments, Labour aims to promote good business practices and end exploitative employment practices (LabourList).

Our HR comment:

Our HR Comment: – Labour to hold bad employers accountable, says TUC chief | Consensus HR in Herts & Beds

Here are our previous blogs on the subject:

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

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Labour to hold bad employers accountable, says TUC chief | Consensus HR

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

15 07 2024

Employers trouble with Hybrid & Flexible Working | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Contracts, General #bedfordshirebusinesses, #BTCstevenage, #consensus hr, #consensushr, #flexibleworking, #hertfordshirebusinesses, #hybridworking, bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

In our latest Consensus HR blog, we talk about Employers trouble with Hybrid & Flexible Working | Consensus HR in Herts & Beds and the changing world of employment and how Employers are facing several challenges with the evolving world of hybrid and flexible work when recruiting and managing the team members.

An innovative UK pilot scheme designed to teach managers how to navigate the evolving world of hybrid and flexible work has found that bosses lack confidence in motivating their teams, running meetings and managing conflict remotely.

The two-month programme was led by the Chartered Management Institute (CMI) and Timewise, with full details available on the CMI website.

It was introduced ahead of new legislation, the Employment Relations (Flexible Working) Act 2023, which gave employees the legal right to request flexible working from their first day in a new job with effect from 6 April 2024.

Conducted from September to October 2023, the trial brought together leaders from 30 organisations in a wide range of sectors, from health and social work to construction, manufacturing and law enforcement.

While CMI research found that 86% of managers say their organisation operates in a hybrid way, research from the University of Birmingham found that only 43% of managers have training to manage hybrid teams.

Following the pilot, CMI evaluated its impact and found a significant difference in skills before and after the initiative. It found that, with regard to keeping their teams motivated, 43% were confident prior and 89% after the pilot.

Similarly, with regard to resolving conflict and having difficult conversations online, the figures were 46% before and 86% after the pilot.

Amy Butterworth, Consultancy Director at Timewise, said: “Flexible working has mainstreamed — but, for many, the experience still feels a little rough around the edges. During the pandemic-response years of 2020 and 2021 everyone adapted at pace, learning however they could. As a result, a myriad of ways to work in a hybrid way took root — not all of them good.”

Fundamentally, she concluded, it is important to realise that managing hybrid teams is a core business discipline for the 21st century, with a skill set that has to be learnt.

CipdHRInform

Employers trouble with Hybrid & Flexible Working | Consensus HR in Herts & Beds

Some of the key reasons include:

Maintaining Productivity:

Employers are concerned about how to maintain or improve productivity when employees are working remotely or on flexible schedules. Tracking work progress and ensuring accountability can be more complex outside of a traditional office environment.

Communication and Collaboration:

Effective communication and collaboration can be harder to achieve when team members are not physically present. Employers need to find and implement the right tools and strategies to ensure seamless communication and collaboration among remote and in-office workers.

Employee Engagement and Well-being:

Ensuring that employees remain engaged and maintain a sense of belonging and company culture is challenging when workers are dispersed. Additionally, supporting employee well-being, including mental health, is more difficult when employees are working remotely.

Technological Infrastructure:

Setting up and maintaining the necessary technological infrastructure to support hybrid work can be costly and complex. Employers need to ensure that all employees have access to the necessary tools and that data security is maintained.

Equity and Fairness:

Employers need to address concerns about equity and fairness between remote and in-office workers. This includes considerations around promotions, pay, and opportunities for professional development.

Adapting Management Practices:

Traditional management practices may not be effective in a hybrid work environment. Managers need to adapt their leadership styles to support and motivate remote employees effectively.

Compliance and Legal Issues:

Navigating legal and regulatory requirements related to remote work, such as labour laws, health and safety regulations, and data protection laws, can be complex and vary by region.

Our HR comment:

Matthew, Owner of Consensus HR comments: “These challenges require employers to rethink and adapt their strategies to successfully navigate the new world of hybrid and flexible working and it sometimes cannot be easy. As Consensus HR we always encourage our clients to ensure that when recruiting that a good recruitment strategy is used which ensure the correct person for the job that is needed starting with how you recruit as the last thing you want is to recruit somebody on Hybrid or flexible terms and then find they are not the correct terms and conditions for the success of the business and team.”

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10 07 2024

2024 – What are the implications of Labour’s general election victory? Our latest blog discusses | Consensus HR in Herts & Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #bedfordshirebusinesses, #consensus hr, #consensushr, #Election2024, #hertfordshirebusinesses, #networkinbeds, #outsourcedemploymentlaw, #outsourcedhumanresources, Business, Business Owners, employment law, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Our Latest blog: 2024 – Election 2024 & Labour

Following our previous blog which we wrote pre-Election,2024 – What are the implications of Labour’s general election victory? Our latest blog discusses | Consensus HR in Herts & Beds what was to be expected from each of the parties should they win, we have now written what to expect and the implications of Labour winning.

The polls were proved to be correct, and Sir Keir Starmer will return to Parliament as Prime Minister.

Sir Keir and some of those expected to be in his Cabinet such as Rachel Reeves (the likely Chancellor), Angela Rayner (potentially the Levelling Up Secretary) and Wes Streeting (possibly the Health Secretary) have given a number of hints as to what employers can expect from the early months of a Labour-led Parliament.

First steps

The King’s Speech, setting out the new Government’s first programme, will be delivered on 17 July after which Parliament will sit until 31 July before taking a shortened break. Instead of the normal six-week summer recess, the new Prime Minister has said that MPs will have four weeks back in their constituencies before reconvening on 2 September.

Ms Reeves is expected to deliver an Autumn Statement in mid-September which is likely to feature the much-discussed introduction of VAT on private school fees.

General Election 2024: what are the implications of Labour’s general election victory? | Consensus HR in Herts & Beds UK

Housing and planning

The King’s Speech is expected to focus on the urgent need to build more houses with an instruction to local authorities to review green belt land in their areas. If brownfield sites are proving insufficient for housing needs, then they will be expected to examine green belt possibilities.

A new national policy framework will reintroduce building targets for councils which were removed by Michael Gove during his spell as Levelling Up Secretary. The Shadow Housing Minister, Matt Pennycook, has suggested that compulsory purchase orders (CPOs) may be used to release privately held land for development.

Assuming Ms Rayner is confirmed as Mr Gove’s replacement, she is expected to put forward reforms to planning rules which will speed up the process of approving new housebuilding projects.

Employment

When it comes to employment, we are on firmer predictive ground as the incoming administration’s thinking in this regard was set out in a recent publication, Labour’s Plan to Make Work Pay.

This highlights plans to restrict zero-hours contracts, with stronger anti-avoidance measures being introduced, and to replace the recently published Code of Practice on fire and re-hire practices with a tougher version.

While the document states that Labour will ensure that employers can “operate probationary periods to assess new hires”, it also makes clear that the right not to be unfairly dismissed, sick pay and parental leave will all be in place on the first day of employment.

Among other proposals, the new Government will consult on removing the current distinction between employees and workers, provide for redundancy consultation to be determined by the number of people affected across the whole business rather than in one workplace, and strengthen the existing protections for whistleblowers and workers subject to TUPE processes.

One proposal that seems certain to go ahead is the repeal of the Trade Union Act 2016 and the Strikes (Minimum Service Levels) Act 2023 while it is expected that all three-month employment tribunal limitation periods will change to six months.

CIPDHRInform

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

My HR Comment / Advice:

Our Comment: – General Election 2024: what are the implications of Labour’s general election victory? | Consensus HR in Herts & Beds UK

Matthew Chilcott, Owner of Consensus HR comments: – “This is a very interesting article following the Election and Labour winning and highlights a lot of what to expect when it comes to HR and Employment Law. It will be interesting to see how they manage Zero-hour Contracts going forward and the introduction of a tougher Code of Practice in relation to fire and rehire. We look forward to the changes and ensuring as always that our clients are kept fully up to date and any amendments to their Policies & Procedures made so that they know they are working to best practice and the law at all times whilst Preventing People Problems.”

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.

08 07 2024

The importance of Training & Development in business | Consensus HR in Herts & Beds

Matthew Chilcott Blog, General, Training & Development @sg1businessclub, #bedfordshirebusinesses, #consensus hr, #consensushr, #hertfordshirebusinesses, #networkinherts, #outsourcedemploymentlaw, #outsourcedhumanresources, #outsourcing, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Latest blog: Why is Training & Development, important within business?

At Consensus HR and when talking to our clients, we cannot emphasise the important of training and development which is a key part of the employee life-cycle but why is this?

Training and development are critical components of the employee life-cycle for several reasons:

Skill Enhancement:

- Employees can acquire new skills and improve existing ones, making them more effective in their roles. This leads to increased productivity and efficiency within the organisation.

Adaptation to Change:

- In a rapidly changing business environment, training helps employees stay updated with the latest technologies, processes, and industry trends. This ensures the company remains competitive and innovative.

Employee Engagement and Satisfaction:

- Investing in employee development demonstrates that the company values its workforce, leading to higher levels of job satisfaction and engagement. Engaged employees are more motivated and likely to stay with the company longer.

Career Growth and Advancement:

- Training provides employees with the tools and knowledge they need to advance their careers. This can lead to internal promotions, which benefits both the employee and the organisation by retaining talent and reducing recruitment costs.

Improved Performance:

- Well-trained employees perform better in their roles, leading to better overall organisational performance. This includes improved customer service, higher quality work, and greater efficiency.

Reduction in Turnover:

- Providing development opportunities helps in retaining employees. When employees see a clear path for growth and development, they are less likely to leave the organisation.

Building a Learning Culture:

- Regular training and development foster a culture of continuous learning and improvement within the organisation. This culture encourages innovation, creativity, and adaptability among employees.

Compliance and Risk Management:

- Training ensures that employees are aware of regulatory requirements and company policies. This helps in maintaining compliance and reduces the risk of legal issues and penalties.

Succession Planning:

- Training and development prepare employees for future leadership roles, ensuring that the organisation has a strong pipeline of capable leaders. This is essential for long-term organisational stability and growth.

Attracting Talent:

- Companies known for their commitment to employee development are more attractive to potential job candidates. This helps in attracting high-quality talent who are looking for growth opportunities.

Importance of Training & Development in business | Consensus HR

Our HR comment:

Matthew Chilcott comments: “In summary, training and development are vital for enhancing employee skills, fostering engagement, ensuring adaptability, and driving overall organisational success. By investing in your workforce, companies can achieve sustainable growth and maintain a competitive edge in the market and is just one part of the Employee Life cycle.”

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

05 07 2024

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

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

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

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

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

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

1. Filing a Claim

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

2. Response from Employer

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

3. Pre-Hearing Procedures

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

4. The Tribunal Hearing

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

5 . Tribunal Decision

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

6. Post-Hearing

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

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

Our HR comment:

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

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

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

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03 07 2024

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

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

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

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

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

Personnel and Training

Personnel Management:

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

Training:

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

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

Human Resources

Human Resources Management (HRM):

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

Key Differences:

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

Evolution of the Field

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

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

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

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

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

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

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

02 07 2024

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

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

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

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

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

1. Obtain the Documents

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

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

2. Verify the Documents

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

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

3. Make Copies and Record the Date

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

4. Online Right to Work Check (Optional)

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

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

5. Follow-Up Checks

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

6. Use the Employer Checking Service

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

Documents Accepted for Right to Work Check:

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

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

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

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

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

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

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01 07 2024

Is your company working SMART? | Consensus HR in Herts and Beds

Matthew Chilcott Blog, General, Performance Management @sg1businessclub, #bedfordshirebusinesses, #consensus hr, #consensushr, #networkinbeds, #performancemanagement, Appraisals, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Our Latest blog: SMART goals – Why use them? | Consensus HR in Herts & Beds

“SMART”

When companies run appraisals / Performance Management meetings, Consensus HR always encourages them to ensure that they write SMART objectives so as to ensure a suitable outcome for the company and member of the team, but what are SMART goals? Our current blog discusses:

SMART goals are widely used in business and personal development because they provide a clear, structured framework for setting and achieving objectives. Here are the key reasons why using SMART goals is beneficial:

Is your company working SMART? | Consensus HR in Herts and Beds

Clarity and Focus

Specific: Clearly defined goals provide a detailed understanding of what needs to be achieved, eliminating ambiguity.
Measurable: Goals with quantifiable criteria allow for tracking progress and measuring success, ensuring you know when the goal has been met.

Motivation and Commitment

Achievable: Setting realistic and attainable goals helps maintain motivation and encourages commitment. Unrealistic goals can lead to frustration and demotivation.
Relevant / Realistic: Goals that are aligned with broader business or personal objectives ensure that efforts are directed towards meaningful outcomes.

Effective Planning

Time-bound: Deadlines create a sense of urgency and help prioritise tasks. This ensures that goals are met within a reasonable timeframe and prevent procrastination.

Accountability and Responsibility

Responsibility Assignment: By being specific and time-bound, SMART goals make it easier to assign responsibility and accountability, ensuring that everyone involved knows their role in achieving the goal.
Performance Evaluation: Measurable criteria allow for objective assessment of performance, facilitating better feedback and improvement strategies.

Resource Management

Efficient Use of Resources: Clearly defined and achievable goals help in better allocation and utilization of resources, avoiding wastage and ensuring that efforts are focused on high-priority tasks.

Enhanced Productivity

Focused Efforts: SMART goals help in maintaining focus on what’s important, enhancing productivity by preventing distractions and enabling a more streamlined approach to task completion.

Improved Communication

Clear Communication: Specific and measurable goals enhance communication within teams, ensuring everyone understands what needs to be done and what is expected of them.
Alignment: Relevant goals ensure that all team members are working towards a common objective, fostering better teamwork and collaboration.

Risk Management

Early Identification: Measurable and time-bound goals help in early identification of potential issues and challenges, allowing for timely intervention and risk mitigation.

Personal and Professional Development

Skill Improvement: Working towards specific and challenging goals encourages the development of new skills and competencies, contributing to personal and professional growth.

Practical Example:

Consider a company wanting to increase its market share. A SMART goal might be:

Specific: Increase market share by 5% in the next fiscal year.
Measurable: Use quarterly sales data to measure progress.
Achievable: Implement targeted marketing campaigns and expand the sales team.
Relevant / Realistic: Aligns with the company’s strategic objective to grow its market presence.
Time-bound: Achieve this increase by the end of the fiscal year.

This structured approach provides a clear path to follow, ensuring that all efforts are directed towards achieving a tangible and significant result.

Our HR Comment:

Our HR Comment: – Matthew Chilcott, Owner of Consensus HR comments “Managing appraisals (performance reviews) can be found to be very difficult by some companies but it is key to managing the performance of the team, whilst keeping them motivated and feeling a key part to the businesses success. Regular reviews should take place that are documented with SMART goals set that covers all areas of SMART. We recommend every six months, and this should take place in a friendly, relaxed environment with the employee given the opportunity to prepare for the meeting with set supporting documentation. The manager should also prepare and at Consensus HR we always advise our clients to ensure that notes / bullet points are kept of the team’s performance so that when the review does take place, they have notes to use and ensure it is productive meeting for the success of the team member and company.”

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

Training & development

This will ensure that it is essential to get both the policy and practice right to optimise the performance of your team.

Is your company working SMART? Talk to Matthew at Consensus HR and find out!

Do you need help with your teams development?

If you would like support with the development of your team, give us a call now to discuss. 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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2. Enforcement and Compensation:

3. Reasonable Steps:

4. Consultation:

Our HR comment:

Our Comments: – Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

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Our HR comment:

Our HR Comment: – Labour to hold bad employers accountable, says TUC chief | Consensus HR in Herts & Beds

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Your Outsourced Human Resources (HR) Department.

1. Employment Law and Workers’ Rights:

2. Skills and Training:

3. Diversity and Inclusion:

4. Health and Well-being:

5. Regulatory Changes:

6. Environmental Policies:

Our HR comment:

Kings Speech – July 2024 – what does it mean to businesses and their HR? | Consensus HR in Herts & Beds

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

Your Outsourced Human Resources (HR) Department.

Welcome to our latest July 2024 Employment Law Newsletter | Consensus HR – Herts, Beds. In this newsletter, we focus on:

Poultry workers travel times not ‘working time’

Improved workplace provision for those menstruating

Generative AI is not replacing jobs

Subject Access Request (SAR) denial upheld where there is a risk of intimidation

Commenting on colleagues appearance could count as sexual harassment

This newsletter does not provide a full statement of the law and readers are advise to take legal advice before taking any action based on the information contained herein’.

Our HR Comment / Advice: – March 2024 Newsletter | Consensus HR | Herts, Beds, UK

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

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Our HR comment:

Our HR Comment: – Labour to hold bad employers accountable, says TUC chief | Consensus HR in Herts & Beds

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Your Outsourced Human Resources (HR) Department.

Some of the key reasons include:

Maintaining Productivity:

Communication and Collaboration:

Employee Engagement and Well-being:

Technological Infrastructure:

Equity and Fairness:

Adapting Management Practices:

Compliance and Legal Issues:

Our HR comment:

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

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Your Outsourced Human Resources (HR) Department.

Our Latest blog: 2024 – Election 2024 & Labour

First steps

Housing and planning

Employment

My HR Comment / Advice:

Our Comment: – General Election 2024: what are the implications of Labour’s general election victory? | Consensus HR in Herts & Beds UK

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Latest blog: Why is Training & Development, important within business?

At Consensus HR and when talking to our clients, we cannot emphasise the important of training and development which is a key part of the employee life-cycle but why is this?

Training and development are critical components of the employee life-cycle for several reasons:

Skill Enhancement:

Adaptation to Change: