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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.

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.

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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28 06 2024

HR Consultancy Firm Of The Year – 24/25 – Consensus HR in Herts

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

Click here to view our award

Prestige Award 24-25- Consensus HR

Wow!! The judges were particularly impressed by the customisation of services available from the experts at Consensus HR, especially for their SME clients.

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26 06 2024

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

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

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

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

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

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

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

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

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

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

My HR Comment / Advice:

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

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

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

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

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25 06 2024

Managerial Skills: Success Essentials | Consensus HR in Herts & Beds

Matthew Chilcott Blog, General, Performance Management, Training & Development #bedfordshirebusinesses, #consensus hr, #consensushr, #employeedevelopment, #hertfordshirebusinesses, #managementskills, #outsourcedemploymentlaw, #outsourcedhumanresources, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Our Latest blog: The importance of management skills when being given the important position of ‘Manager’.

Managerial Skills: Success Essentials | Consensus HR in Herts & Beds

At Consensus HR, we work with a number of clients of various sizes and sectors from one employee to 250 employees. As part of our HR & Employment Law services we provide we continually work with them and their management to run the business successfully whilst making it an enjoyable and productive place to work. Many people are given a managerial role but not the development / skills to do it correctly for theirs and business success, but why is being a manager not easy and what skills do they need to be a success?

Being a manager is challenging due to a variety of factors, including the complexity of responsibilities, the need to balance different expectations, and the necessity of possessing a diverse skill set. Here are some reasons why being a manager is not easy:

Balancing Multiple Roles and Responsibilities: Managers often must juggle administrative duties, strategic planning, team management, and personal contributions to projects.
People Management: Managing a diverse team with different personalities, motivations, and work styles requires empathy, patience, and strong interpersonal skills. Resolving conflicts, providing feedback, and fostering a positive team environment are crucial yet challenging aspects.
Decision Making: Managers are responsible for making decisions that can significantly impact the team and the organisation. These decisions often need to be made under pressure and with incomplete information.
Accountability: Managers are held accountable for their team’s performance and outcomes. This includes meeting targets, maintaining productivity, and ensuring quality, all of which can be stressful.
Change Management: Managers need to adapt to and manage changes within the organisation, whether due to market shifts, organisational restructuring, or new technologies. This requires flexibility and the ability to lead a team through transitions smoothly.
Time Management: Balancing the demands of managing a team with other responsibilities requires excellent time management skills. Prioritising tasks and delegating effectively are essential to avoid burnout.

Managerial Skills: Success Essentials | Consensus HR in Herts & Beds

To be a successful manager, the following skills / competencies are essential:

Leadership: The ability to inspire and motivate a team, set a vision, and lead by example.
Communication: Clear and effective communication is crucial for conveying expectations, providing feedback, and ensuring that team members are aligned with goals.
Emotional Intelligence: Understanding and managing your own emotions, as well as empathising with others, helps in building strong relationships and resolving conflicts.
Problem-Solving: Managers must be able to identify problems, analyse potential solutions, and implement effective strategies.
Delegation: Knowing how to delegate tasks appropriately ensures that workloads are balanced, and team members are empowered to contribute their best.
Time Management: Prioritising tasks, setting deadlines, and managing your own time efficiently helps in meeting organisational goals without undue stress.
Adaptability: Being open to change and able to manage uncertainty is crucial in a dynamic business environment.
Decision Making: The ability to make informed, timely decisions that consider both short-term and long-term implications.
Coaching and Mentoring: Helping team members develop their skills and advance in their careers contributes to a more capable and motivated team.
Strategic Thinking: Understanding the broader business context and aligning team efforts with organisational goals.

My HR Comment / Advice: Management Development.

Matthew Chilcott, Owner of Consensus HR comments: “By developing these skills, a manager can navigate the complexities of their role more effectively and create a productive, positive work environment. These skills should be part of an employee’s performance review (Appraisal) which should take place in a structured format at least every six months using their Job Description and measurable Competency Framework.

Managing a team or business is never easy and as I always say “Rome, was not built in a day!”. However, Rome can be built successfully over a structured time frame and with a detailed Management Development Plan for the business owner, manager and team. I know when I was privileged to be a manager many years ago within Hospitalities and Forte Restaurants / Welcome Break, I needed to develop in many management skills as those highlighted within this article. I was lucky as a detailed plan was offered but the majority was on the job at the coal face. At Consensus HR we offer our clients and their teams all areas of management development, if needed such as:

Managing and implementing Performance Management (Appraisals)

How to improve mental health and Managing Mental Health in the workplace
Teamwork & Delegation Skills
Diversity and Equality
Successful Recruitment Interviewing
Teamwork & Delegation Skills
Communication Skills
Equality & Dignity
Health & Safety

And much more………

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

How robust is your Management / Team development and Skills? 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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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!

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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:

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

If your business always wishes that it works in all areas to the benefit of the team and company and as an employer of choice, give us a call or email now for a non-obligatory chat. Consensus HR | Your Outsourced Human Resources and Employment Law Department | “Helping companies take the pain out of managing people whilst Preventing People Problems.” 01438 576750

Your Outsourced Human Resources (HR) Department.

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

Equal Pay Employment Tribunal Case: What Employers Need to Know | Consensus HR in Herts & Beds

18 06 2024

When using a Settlement Agreement to settle a dispute in the UK | Consensus HR in Herts, Beds

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

Latest blog: When using a Settlement Agreement.

When using a Settlement Agreement to settle a dispute in the UK with an employee what are the possible repercussions of not allowing them to seek independent legal advice or following professionally, qualified and accredited advice HR Advice?

When using a Settlement Agreement to settle a dispute in the UK with an employee, it is legally required for the employee to seek independent legal advice. The possible repercussions of not allowing them to seek this advice or not following professionally qualified and accredited HR advice can be significant:

Invalid Agreement: One of the key legal requirements for a Settlement Agreement to be valid is that the employee must receive independent legal advice on the terms and effect of the agreement. If the employee does not receive such advice, the agreement will not be legally binding, meaning that the employer could still be subject to claims from the employee despite the agreement.
Potential Claims: Without a valid Settlement Agreement, the employee retains the right to pursue claims through employment tribunals or courts. This can include claims for unfair dismissal, discrimination, or other employment-related grievances. The costs associated with defending such claims can be substantial, both in terms of legal fees and potential compensation awards.
Reputational Damage: Not following the correct legal procedures can damage the employer’s reputation. This can impact future recruitment and retention, as well as relationships with existing employees.
Financial Penalties: Employers might face financial consequences if the agreement is challenged and found invalid. This could include paying additional compensation, legal costs, and any settlements or tribunal awards.
Employee Relations: Failing to ensure the employee has access to independent legal advice can lead to a breakdown in trust and negative impacts on employee morale and relations within the workplace.
Legal and Regulatory Compliance: Non-compliance with legal requirements can attract scrutiny from regulatory bodies, which can lead to further legal challenges and sanctions.

When using a Settlement Agreement to settle a dispute in the UK | Consensus HR in Herts, Beds

Our HR comment:

Matthew Chilcott, Owner of Consensus HR comments: “To summarise, it is crucial to ensure that employees are allowed and encouraged to seek independent legal advice when entering into a Settlement Agreement. Employers should follow professionally qualified and accredited HR advice to ensure compliance with legal requirements and to protect themselves from potential legal and financial repercussions.”

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

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Your Outsourced Human Resources (HR) Department.

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

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.

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12 06 2024

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

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

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

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

Key Points from the Report:

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

Recommendations:

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

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

Our HR comment:

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

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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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05 06 2024

Employment Reforms Consultation UK | Consensus HR in Herts, Beds

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

Latest blog: Employment Reforms Consultation UK.

The UK government has announced an open invitation for public comments on proposed employment reforms. This initiative is aimed at gathering diverse perspectives to shape policies that will affect the labour market. The proposed reforms could include changes in areas such as worker rights, gig economy regulations, flexible working arrangements, and measures to ensure fair pay and conditions.

Full details are Available here, the deadline for responding is 11 July 2024.

“These proposals take advantage of our new regulatory freedoms having left the EU,” the Government explains, “and have the potential to deliver simpler, clearer regulations. This benefits businesses, workers, and the wider economy.”

The TUPE regulations implemented the EU’s Acquired Rights Directive in order to protect employees’ employment rights when the business or undertaking for which they work transfers to a new employer.

Proposed changes to TUPE

The Government notes that it was previously accepted that the TUPE regulations cover employees only and not “limb (b) workers”. However, the 2019 judgment of the employment tribunal in the case of Dewhurst v Revisecatch Ltd t/a Ecourier concluded that TUPE applies to limb (b) workers as well as employees.

People with limb (b) worker status are entitled to core employment rights (such as holiday pay and a minimum wage) but have increased flexibility in the way they carry out their work and therefore do not have all the rights available to employees.

Limb (b) workers are often referred to simply as “workers”.

The Government is proposing to amend the definition of “employee” in the TUPE regulations to clarify that they are not protected by the regulations. It believes that this will provide helpful clarity for businesses undertaking TUPE transfers where workers are involved.

It is also proposing to amend the TUPE regulations to clarify that an employment contract should only be transferred to one employer and should not be split between multiple employers.

Proposed changes to rules on European Works Councils

European Works Councils (EWCs) are consultative bodies that represent the European workforce of multi-national organisations. They are required under EU law where a company has 1000 employees operating over two or more European Economic Area (EEA) countries (EU Member States, plus Norway, Iceland and Liechtenstein) or 150 employees in two separate Member States.

The Government proposes removing this legacy of the UK’s membership of the EU by repealing the legal framework for EWCs in the UK, which will include a repeal of the current requirement to maintain existing EWCs.

Key Areas of Focus:

Worker Rights and Protections:
- Enhancing job security and protection against unfair dismissal.
- Strengthening rights for temporary, part-time, and gig economy workers.
Flexible Working:
- Promoting flexible working arrangements to support work-life balance.
- Considering the impact of remote work and hybrid models on employment contracts and workplace policies.
Fair Pay and Conditions:
- Ensuring fair wages and addressing wage disparities.
- Improving conditions in sectors with high rates of low pay and insecure employment.
Training and Development:
- Encouraging lifelong learning and skills development to meet changing labour market demands.
- Supporting retraining programs for workers affected by technological advancements.
Workplace Equality:
- Tackling discrimination and promoting equality in the workplace.
- Implementing measures to close gender and ethnicity pay gaps.

Public Participation:

The government is seeking input from a wide range of stakeholders, including:

Employees and Workers: Sharing personal experiences and views on current employment practices and potential improvements.
Employers and Business Organisations: Providing insights on the practical implications of proposed reforms and suggesting feasible solutions.
Trade Unions and Worker Advocacy Groups: Representing collective interests and advocating for worker rights and protections.
General Public: Offering perspectives on how employment policies impact communities and broader societal well-being.

How to Participate:

Online Submissions: Individuals and organisations can submit their comments and suggestions through an online portal set up by the government.
Public Consultations: A series of public consultations and forums will be held across various regions to facilitate in-person discussions and feedback.
Written Submissions: Written submissions can be sent to designated government offices or email addresses specified in the consultation document.

Timeline:

The consultation period will be open for several weeks, allowing ample time for stakeholders to prepare and submit their contributions. The government will review all feedback before finalizing the proposed reforms.

Employment Reforms Consultation UK | Consensus HR in Herts, Beds

Our HR comment:

Our HR comment: Employment Reforms Consultation UK | Consensus HR in Herts, Beds

Matthew Chilcott, Owner of Consensus HR comments: “This consultation process represents a significant opportunity for the public to influence the future of employment laws and policies in the UK. By participating, individuals and organisations can help create a fairer, more resilient labour market that benefits all parties involved.”

Do you need help with your HR and Employment Law?

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

1. Obtain the Documents

2. Verify the Documents

3. Make Copies and Record the Date

4. Online Right to Work Check (Optional)

5. Follow-Up Checks

6. Use the Employer Checking Service

Documents Accepted for Right to Work Check:

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

Do you need help with your HR and Employment Law?

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

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

“SMART”

Clarity and Focus

Motivation and Commitment

Effective Planning

Accountability and Responsibility

Resource Management

Enhanced Productivity

Improved Communication

Risk Management

Personal and Professional Development

Practical Example:

Our HR Comment:

Do you need help with your teams development?

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

Wow!! The judges were particularly impressed by the customisation of services available from the experts at Consensus HR, especially for their SME clients.

Do you need help with your HR and Employment Law?

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

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

My HR Comment / Advice:

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

Do you need help with your HR and Employment Law?

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

Our Latest blog: The importance of management skills when being given the important position of ‘Manager’.

Managerial Skills: Success Essentials | Consensus HR in Herts & Beds

To be a successful manager, the following skills / competencies are essential:

My HR Comment / Advice: Management Development.

Do you need help with your HR and Employment Law?

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

Our Latest blog: 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?

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

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

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

Your Outsourced Human Resources (HR) Department.

Latest blog: When using a Settlement Agreement.

Our HR comment:

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

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

Your Outsourced Human Resources (HR) Department.

Our Latest blog: 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:

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

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

Your Outsourced Human Resources (HR) Department.

Welcome 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