Mark Williams Action Coach

Does the idea of losing your best people give you sleepless nights? Would you struggle to replace people if they leave? Do you find it difficult to attract and keep great employees? Do you sometimes feel like your employees don’t live up to your expectations?

You probably love your business. You’re likely to be passionate about it and, if you’re like most small business owners, put your heart and soul into its success. Yet finding employees who share that passion, who are willing to put in the extra effort, is hard. And when you do get them, keeping them is even harder. In this article, I’ll explain what YOU can do to build a business that great people LOVE working for and never want to leave.

Performance = Potential – Interference

In Leadership that Gets Results (published in the Harvard Business Review), Daniel Goleman explains that there are 6 key factors that minimise interference and increase employees’ performance. Get these right and you’ll have high-performing, happy teams who love their work. Get it wrong and you’ll never get to see just how good they could have been.

The 6 steps to Maximise Motivation are:

1. Clarity:

This is the biggest and most important. In order to perform at their best, people need to know where they’re heading, what’s expected, and how everything fits together. It requires clarity of purpose from the top, and then continuous and consistent communication. If you get it right, your people will know the mission and direction of the business, what is required of them, and the role they play in achieving overall success.

It’s easy to say, but can be tricky to get right. A 2020 study by Gallup showed that 35% of U.K. employees strongly agree that their employer has communicated a clear plan of action in response to the coronavirus, compared with 50% of U.S. employees. If your team does not do what you expect, consider how well you have communicated with them. It might be that a little more clarity would make them more effective, more efficient, and make leadership a lot less frustrating.

1. Standards:

If you’re looking for high performing employees (and who isn’t!?), it’s essential to set standards. To get the most from staff, they need to understand the expected levels of performance and ‘what good looks like’.

How well do you set and communicate standards? Do people know what they need to achieve? Are there goals which are both stretching and achievable? Does underperformance get addressed, or is it allowed to continue?

Companies with high standards have clear goals, aligned with the overall vision, and leaders monitor progress against them. High achievers thrive on hitting goals, so make sure you set some so they’re motivated to keep hitting them.

1. Responsibility:

Do you find that you’re forever getting interrupted by staff asking you to review work or make decisions? It can be frustrating for leaders to do this, but it’s just as limiting for employees. High performers like to be given responsibility and run with things, so check whether you’ve given clear delegated authority.

Let your staff know what decisions they are authorised to take, what they need to refer to others for, and help them take full ownership of their own work. Good people will actively seek extra responsibility and will want the chance to take ownership for the success of their work. If they need to run everything past the boss, they are unlikely to feel full ownership. And if the boss makes all the decisions, guess who takes the blame when things don’t go right!?

Look for people who like responsibility, but challenge yourself too. Are you really delegating what you could be or does your inner control-freak get the better of you?

1. Rewards and Recognition:

When you mention rewards, thoughts often turn to money, and yes, people need to feel they’re getting fair pay for the work they do. But actually money is only one form of reward. In fact, the most admired companies pay 5% less than their competitors. Why? Because people want to work for them for more than pay. They want the training, the exciting work, the exposure to brilliant colleagues and the culture as well as the money and the right name on their CV.

Committed and driven employees like to know how they’re doing. They want timely and meaningful feedback from a credible source. They want to know whether they’re meeting expectations and where they need to improve. And they want to work in a meritocracy, where the best performers get more praise, reward and recognition than those who don’t perform at the same level.

To get this right, make sure you’re praising and recognising more than you’re criticising. Find people doing something right and make a point of praising them. Make celebrating achievements a habit and give more of the credit to those who deserve it most, then watch as people strive to achieve ever more!

1. Flexibility:

Richard Branson is credited with saying “Red tape will often get in your way. It’s one of the reasons I often carry scissors.” One of the big causes of underperformance in the workplace is employees feeling like they spend too much time and effort battling against bureaucracy. Whether that’s systems that need automating, ineffective processes that inhibit performance or unnecessary rules and regulations that slow things down, bureaucracy kills productivity.

That’s not to say rules, systems and processes are not important. They are. But they should be focused on increasing productivity, not decreasing it. Hold regular discussions to find ways of working more efficiently. Ask the team what they need to work at their best and you’ll quickly foster a culture where people feel involved, and focus on finding solutions rather than complaining about problems.

1. Group commitment:

Get the 5 factors above right, and it’s likely you’ll have a committed team, pulling in the same direction and united around a common goal. They’ll achieve great results and be understandably proud of their work and the company they work for. And they’ll go t

he extra mile for you, their colleagues and their customers.

Not only will talented people want to work in that environment, they’ll be way less likely to leave. In fact, your company will become a magnet for ambitious, talented people who want to do great things.

Why the hell would anyone want to work for you?

It’s easy to bemoan the lack of talent and loyalty in the marketplace. If you take the “You just can’t get the staff these days” attitude, frankly you are unlikely to find them. Start a little closer to home. Start with this question: “Why the hell would anyone want to work for you?”. If you can’t clearly articulate this, I’ve got good news and bad news:

The bad news: great people will probably go and work somewhere else. And your best people might too.

The good news: you’ve now got a framework to build a culture where you get great performance from your people and they love working for you.

It’s not easy, but it is doable. You just need to be deliberate, determined and disciplined.

To find out more about how I may be able to help your Norfolk business thrive then please don’t hesitate to get in touch on 01603 559590 or email markwilliams@actioncoach.com – you can also get in touch through my contact form here. If you’d like to know a little more about my experience, expertise and accolades then click here.

by Charlotte Bate Director, MAD-HR

The benefits that an engaged workforce brings to the business are noticeable in a very tangible way. Engaged employees feel a sense of attachment towards their employer investing themselves not only in their role, but in the company as a whole and are fully supportive of its goals and values.

Conversely, the disengaged employee displays a lack of commitment to their role because of feeling disconnected or disengaged from the company itself.

There is a no ‘one size fits all’ approach to enabling engagement, because levels of engagement and its drivers vary according to the company, employee group, the individual and the job itself.

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Here are 7 top tips for improving engagement.

1. Company culture  
2. Engagement can’t be imposed from above; it’s about creating a cultural shift in the way a company or organisation behaves. Clear channels of communication with regards to where the company is heading, including current goals and objectives should be in place. Further communication should be a continuous process, which means employers should constantly be sharing new information with their employees, to encourage an open and honest working culture. Sharing company values helps cultivate a sense of direction so that employees understand what is expected of them and how their values align. Values that are lived and not just spoken, lead to a greater sense of trust and integrity.
3. Employee Voice
4. Allow employees to voice their views and concerns – and address them. Two-way communication is vital in business. Nothing is more damaging than unsubstantiated rumours or ill-feeling.
5. Value your People
6. Show you value the contribution your people make by giving them the power, the responsibility, and the trust to do so. Encourage their ideas for innovations and improvements. And importantly, give them proper consideration. After all, they’re the ones in the front line and know better than anyone what can make a difference.
7. Leadership
8. Good Leadership means having a clear vision of the future and effectively communicating this to employees. Integrity is key, which leads to our next three points.
9. Fulfil your promises
10. We have all heard of the ‘talk is cheap’ cliché, but this is no less true when it comes to team engagement. Employees will soon spot lip service and harbour a distrust of what you’re telling them if you don’t keep to your promises.
11. Healthy people are engaged people
12. Promote employee wellbeing, this shows you genuinely care about your employees’ well being and not just their productivity or output.
13. Think long-term engagement
14. Engagement is something that requires constant attention and should never be viewed as a “one-off” project or piece of work in which a box is ticked. An individual’s level of engagement can vary depending on what is happening around them and changes in the workplace may often affect an employee’s attitude towards their role and the business.

True engagement works both ways. To engage employees, employers must also be engaged and stay connected with both their business and their employees.

Communication is the key to employee engagement. Simply broadcasting your intentions to your team is not enough. The business world is full of good intentions with poor follow-through. If you would like some more practical advice on engaging with your team please let us know by calling us on 01473 360160 or visiting our contact page.

If you would like to discuss how we can Make A Difference to your business through our provision of HR services, please get in touch on 01473 360160 or visit our contact page here.

You can view this original article and other content at Mad-hr.co.uk

by Camille Nickson HR Consultant, MAD-HR

Over the last 12 months the employer and employee relationship has moved into a different sphere. Openness, sharing of vulnerabilities and care for wellbeing has become the norm in many companies. With many staff furloughed for the majority of the financial year, along with the actual or perceived threat of redundancies and home working, it would seem reasonable to assume that it is unlikely that employees and managers will be engaged in the annual appraisal. Nevertheless, expectations of employees meeting readjusted targets regardless of the working environment is still necessary; therefore, what should the approach be?

As always, employers have several options open to them, for example:

1. Place the appraisal process on hold until the world returns to normal.
2. Move the annual review to a bi-annual process in the hope that the next 12 months will provide the chance to adjust the appraisal process, developing a fit-for-purpose process to match how companies measure their staff performance post-COVID.
3. Adjust the appraisal process to reflect the challenges of the last ten months, as well as current and future uncertainty. Include individual wellbeing plans (WAP), changing the focus from input and outcomes to reflecting on how to set staff up for success in the next 12 months.

As one might imagine, each option has pros and cons:

OptionProCon1.Releases time for both parties.Sends a message of uncertainty to employees.2.Releases time for both partiesDemonstrates an appreciation of the current climate, provides certainty by sharing how the process will continue.

May leave employees feeling undervalued, especially those who have worked through the whole of lockdown. They may feel their contribution has not been recognized or appreciated.3.Demonstrates an appreciation of the current climate, focuses on the number one reason for absence from work, supports employees and creates direction for all parties.The change of approach requires time to plan, communication and train managers and employees.

Should a company choose to continue with the appraisal process, they may wish to consider what staff should be measured against. For example, in the current climate it would be reasonable to measure staff against the following skills: resilience, flexibility, innovation, and positivity. However, such a move away from the traditional appraisal approach (namely, reviewing objectives and setting new objectives) would mean that the identification of training and career aspirations needs to be communicated with a clear rationale along with the impact of such change. Consideration should be given to any previous direct or indirect link to salary and appraisal; should this be the case, evaluate any subsequent HR risk to the business.

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Should companies take this opportunity to envisage a new approach? 

The current situation calls for employees to tap into the hidden benefits of the professional discussion. Moving to a professional discussion framework will provide a place for reflection by both parties, focused on the conversation rather than on paper work, allowing employers to concentrate on making the employee feel valued. Incorporate wellbeing into the conversation and motivating managers by removing the shackles of paper work could be liberating. A professional discussion chart and WAP could be all it takes.

It would be foolhardy for companies not to engage in some form of review, especially as companies become leaner and those employees that remain in employment will need to feel motivated, engaged, safe and informed. Providing high quality feedback to support a review based on resilience, flexibility, innovation, and positivity will provide the best chance to increase productivity and consequently competitive advantage.

If you would like to discuss how we can Make A Difference to your business through our provision of HR services, please get in touch on 01473 360160 or visit our contact page here.

You can view this original article and other content at Mad-hr.co.uk

by Charlotte Bate Director, MAD-HR

Positive discrimination

We all recognise the importance of having a diverse workforce and how embracing a culture of diversity and inclusion makes good business sense in today’s climate. 

The subject has in fact been a high-profile issue for decades, resulting in several policies, laws and initiatives being introduced to ensure minority groups have equal opportunities when applying for jobs or promotions.

Whilst we know that the UK workforce is much more diverse than it was in the past, there is still a push for companies to continuously offer opportunities to all of their employees.

However, companies need to tread with caution to avoid accusations of positive discrimination, particularly when recruiting new talent. It can in fact be very easy to fall into the realm of positive discrimination.

What is positive discrimination?

Positive discrimination is the process of increasing the number of employees from minority groups in a company or business, which are known to have been discriminated against in the past. 

Positive discrimination also includes setting quotas or benchmarks in the recruitment process or promoting a specific number of people within a minority group.

Put succinctly, positive discrimination is when employers give preferential treatment to people with a protected characteristic rather than due to their suitability.

Is positive discrimination legal? 

No – In the UK, positive discrimination is illegal under the Equality Act 2010 as it does not give equal treatment to all.

This is because positive discrimination is still discrimination and applies to both recruitment and promotion. For example, it would be unlawful for an employer to recruit a candidate because they have a relevant protected characteristic, rather than because they are the best candidate for the job. Although more likely to be seen during the recruitment phase, we also see cases of positive discrimination throughout the entire employee life cycle., e.g., when making promotion decisions.

There are some occupational exceptions; for example, a women’s refuge can apply a requirement for its staff to be women.

Very often, employers will confuse positive discrimination with positive action, but they are not the same thing and are very different in key areas.

What is positive action?

Positive action is about creating a level playing field to enable people to compete on equal terms. It describes a range of measures which aim to eliminate unlawful discrimination and promote equality of opportunity. 

The major difference with positive discrimination is that positive action does not negatively affect other groups.

Positive action is allowed where a company reasonably thinks that a protected group is underrepresented or faces disadvantage. 

Under the Equality Act 2010, employers can take positive action to support those from under-represented groups, to help them overcome any disadvantage when competing with other applicants or applying for development and training. 

An employer can take positive action if the employer reasonably thinks that people with a particular protected characteristic suffer a disadvantage connected to the characteristic, have different needs, or are disproportionately underrepresented.

What action can be taken?

An employer can take any action provided that it is a proportionate means of achieving the aim of:

1. enabling or encouraging people who share the protected characteristic to overcome or minimise that disadvantage;
2. meeting those needs, or;
3. enabling or encouraging people who share the protected characteristic to participate in that activity.

Proportionate action

The action must always be a proportionate means of achieving the aim. 

If employers reasonably believe that there is a need to increase diversity in their organisation, they should firstly obtain credible evidence to confirm that there is an underrepresentation issue and evaluate the extent of the problem. 

This may involve comparing the proportion of the workforce that is of a particular minority group with national or local statistics. However, it should always be considered that underrepresentation will look different for organisations in more rural areas than those in large cities like London that will have a more diverse local population.

By first assessing the situation, employers will be able to demonstrate that there is a genuine occupational requirement for positive action.

In summary

It is vital that employers comply with current UK laws and understand the difference between positive discrimination and positive action. 

Where there is a clear imbalance of opportunity, employers can take proportionate measures to address the disadvantage and encourage participation without leaving themselves exposed to discrimination claims from individuals who don’t share the relevant protected characteristic.

Finally, it is important to note that while employers are permitted to take positive action in certain circumstances, they are not obliged to do so. Additionally, provided an employer bases its recruitment decisions on merit alone, then positive discrimination will not have occurred – but obviously this is a fine line to tread.

If you would like to discuss how we can Make A Difference to your business through our provision of HR services, please get in touch on 01473 360160 or visit our contact page here.

You can view this original article and other content at Mad-hr.co.uk

by Charlotte Bate Director, MAD-HR

While progress has been made on dealing with discrimination in the workplace, it unfortunately lives on, albeit in less obvious forms.

At a time of unparalleled focus on the goals of equality, diversity, and the prevention of unfair discrimination, it seems odd that so many employers still struggle to properly prevent and successfully deal with discrimination in the workplace.

There is no questioning that discrimination is always wrong. We are all aware (or we should be) that everyone deserves to be treated fairly when at work. The impact of being discriminated against in the workplace can have far reaching and long-lasting consequences for both the individual and the employer.

Responsibility of employers and employees in discrimination cases

Let us pause for a moment here and talk about responsibility.

The Law states that the employer is liable for acts and behaviours (on a vicarious basis), as indeed is the individual. Simply put, both the employer and their employees can be held responsible for acts of discrimination.

There is, however, a defence available to an employer if it can show that it took ‘all reasonable steps’ to prevent the employee from instigating or engaging in the discriminatory act or from doing anything of that description under s109(4) of the Equality Act 2010.

What to do when faced with a discrimination complaint

Most employers are anxious when faced with discrimination complaints. And with good reason; not only are they damaging to good employee relations, with no statutory cap on compensation (unlike in unfair dismissals claims), any successful claims brought can prove extremely costly to the business.

Yes, our discrimination laws may appear complicated, but the key principles, as outlined in the Equality Act 2010, which show that an employer should not discriminate on the basis of the protected characteristics, are not particularly difficult to understand or indeed to implement and enforce.

When it comes to issues of discrimination, fair treatment is both a moral and legal duty for employers. They have a responsibility to investigate and respond to any issue they become aware of and to take all reasonable measures to protect employees from harassment.

Education and training, to all, on policies and expected behaviours is key in preventing discrimination in the workplace.

It is essential therefore that employers understand their key obligations, what discrimination is, how it may be identified, and what training can be put in place to help staff understand its severity.

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Prevention of discrimination in the workplace

Of course, if acts of discrimination can be prevented in the first place, so much the better.

The key steps to prevention mirror closely the key actions required of an employer in demonstrating it has taken reasonable steps to avoid discrimination occurring.

The courts have made it clear that those reasonable steps will normally include:

• Having and implementing an equal opportunities policy and an anti-harassment and bullying policy and reviewing those policies as appropriate.
• Properly communicating these policies and their implications to all employees (and workers).
• Training managers and supervisors in equal opportunities and harassment issues.
• Taking steps to deal with complaints effectively, including taking appropriate disciplinary action.
• Communicating the message regularly.

Training to prevent workplace discrimination

Proper training is key not only to the implementation and enforcement of policy in reducing the likelihood of discriminatory acts in the first place, but also, if discrimination has taken place, evidence of proper and regular training enables an employer to demonstrate that it took those ‘reasonable steps’ to prevent the discrimination and to deter and prevent unfair and unlawful practices which give rise to claims of discrimination.

Practical steps

Below are some practical and helpful tips for employers on what to do should they receive a complaint or allegation of discrimination:

• Keep an open mind. Many employers choose to bury their heads in the sand and simply do not believe that discrimination or harassment could be happening within their company. It is important therefore, that employers approach each and every claim of discrimination from a neutral stance and should never make assumptions or jump to conclusions, based on a personal view point.
• Investigate fully. Investigate every complaint received. Failing to investigate a complaint of discrimination is one of the biggest reasons for discrimination cases ending up in Court. Again, as above, employers should not come to any conclusions until the investigation is complete.
• Take the complaint seriously. An employee who sees that their employer is taking the problem seriously is less likely to escalate the issue and be open to an amicable and mutual resolution.
• Treat the complainer with respect and empathy. Generally, most employees find it extremely difficult to make a complaint of discrimination. They often feel vulnerable and afraid of possible repercussions or fear being accused of having made the allegation up. This can have a major impact on their performance and productivity at work. It can also potentially lead them to seek outside assistance, e.g., Solicitors. Employers should always be prepared to listen to the concerns raised and treat the individual with understanding and empathy.
• Do not retaliate. It is against the law to punish someone for raising a discrimination complaint. This is classed as victimisation and could land the employer in even more hot water, should the claim end up in Court. Whilst there are the more obvious forms of retaliation such as termination, discipline, demotion, pay cuts, or even just threatening these, employers should be mindful that more subtle forms such as changing their shift hours or work area or even isolating the individual by leaving them out of meetings and other work-related functions, will still be considered victimisation.
• Follow established procedures. Employers should always ensure that they follow their own prescribed policies on dealing with discrimination, Failure to do otherwise leaves themselves open to claims of unfair treatment by bending the rules.
• Maintain confidentiality. A discrimination complaint can polarize a workplace. Workers will likely side with either the complaining employee or the accused employee, and the rumour mill will start working overtime. Employers can avoid these problems by ensuring that a confidentiality clause is both explicit in their policy and through their actions.

However, if employers take all complaints of discrimination seriously, and follow a careful strategy for dealing with it, they can reduce the likelihood of a legal challenge and may even improve employee relations in the process.

If you would like to know more about how to avoid or handle discrimination within the workplace, vicarious liability or any other related topic, please contact us to speak to a member of our experienced, professional yet friendly team of HR Consultants today.

If you would like to discuss how we can Make A Difference to your business through our provision of HR services, please get in touch on 01473 360160 or visit our contact page here.

You can view this original article and other content at Mad-hr.co.uk

Little-known ways to boost your profits with HR

by Elaine Coe HR Consultant, MAD-HR

Following on from the Prime Minister’s announcement on Monday 22 February, many businesses are now gearing up for re-opening.

This is the perfect time to take a moment and think about your company’s current position. What got you to this point and what is going to help take your business to a whole new level?

Arguably, the most valuable asset of any business is their people. The employees who work within your business are the cogs in the machine that keep your business running on a day-to-day basis. Keeping your employees engaged and happy will drive productivity and profit.

Every business needs to invest in human capital. What is human capital?

Human capital is an intangible asset or quality not listed on a businesses balance sheet. In short, it is the economic value of an employee’s experience and skill. This includes assets like education, training, knowledge, skills, health and other things employers value, like punctuality, dependability and loyalty.

The concept of human capital recognises that not all labour is equal. But employers can improve the quality of that capital by investing in employees – the education, the experience and abilities of employees all have economic value for employers.

Since human capital is based on the investment in employee skills and knowledge through training, these investments in human capital can be easily measured. As an employer you can calculate the total profits made before and after any investment, and any return on investment (ROI) of human capital can be calculated by dividing the business’ total profits by its overall investment in its people.

Hiring the right people is the number one strategy to drive profits for your business, but success is more than that. After you hire the right people, you need to keep them, and this requires an HR plan. Making a plan that focuses on human capital is something you should have at the top of your agenda. The plan needs to include putting the right people in the right positions. The vision, value and goals of the business should be communicated regularly to the employees. Celebrate success as a whole business; identify the business drivers to create the strategic plan; devise the leadership principles; and set accountability measures.

HR has never been more uniquely situated and placed than right now, in terms of helping businesses achieve bottom line results.

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“When done well, measures that utilise technology to bring efficiency to administrative processes have the potential to reduce costs on average by 30 percent” – Brian Lowenthall, Director of Hackett Benchmarking and Research.

There are effective ways that HR can build value. These value-adding efforts go by various names including: Transformational HR, Strategic HR and Culture Support. They all in essence refer to the same thing, the ability for HR to select and retain the right employees and help them do their best work. This is where real profit gains are to be found.

More HR strategies that can increase profit for your business:

Training and development – employees want to develop within your business and develop their skill sets. Offer them opportunities to become better and more productive.

Reward programmes – Give your employees an incentive to do a better job. Reward them for their hard work. Recognise their accomplishments and let them know they are valuable.

Open communications – Promote a working environment which encourages open discussions. Honesty is the best policy and feedback is valued.

Goal setting – Create SMART goals: Specific, Measurable, Achievable, Realistic, Targets, which are common goals for employees to achieve.

Mentors – Create a mentorship programme where new employees can embrace the culture and the knowledge of your experienced employees.

Flexibility – Telecommuting, virtual working, flexible schedules and work life balance are important to your employees. By being flexible your employees will ultimately work harder for you.

Compensation packages – Money, perks and benefits are important to every employee. What does yours currently look like? Can it be improved?

Team building – Individuals are great, but teams will make your business successful. Build a team that works together and wins together.

Tools to do the Job – Give your employees the right tools to do the best job possible.

Company culture – Take time to create the right business culture, a positive and open honest culture, that attracts the right type of people. It makes a difference.

Values – What are your values as a business. Do you believe in honesty and integrity, fairness, trustworthiness, customer experience and accountability? Your values are what you represent as a business.

Recruitment – Know your current employees’ strengths and weaknesses. Establish what type of person you are looking for to balance the skills and personalities of your team to make it stronger and more productive.

When you have all these elements in place your business will be stronger. Your employees will be brand promoters, who will drive your products or services to make your business a great success.

Even though HR may not immediately show profit for your business, it is most certainly directly responsible for increasing your profit. Invest in good HR now to increase profit for your business. MAD-HR are here to help you and your business with any of the above mentioned. We are a bespoke HR Consultancy who work shoulder to shoulder with you to really make a difference.

If you would like to discuss how we can Make A Difference to your business through our provision of HR services, please get in touch on 01473 360160 or visit our contact page here.

You can view this original article and other content at Mad-hr.co.uk

by Lesley Bond HR Consultant, MAD-HR

What is the difference between constructive dismissal and unfair dismissal? And why should employers care?

As leaders and HR practitioners, it is important to understand the difference between constructive dismissal and unfair dismissal, and to also be aware of how to avoid placing the business in a position where it is at risk of such claims.

What is constructive dismissal?

This type of dismissal is when an employee resigns in response to the employer’s conduct, which has made the position untenable. In practical terms this is a resignation, however, in law it could be known as dismissal.

It can be an action or a series of actions, and the behaviour of the employer, that leads to the employee’s resignation; it does not matter if the final act that makes the employee resign is minor. If the action substantiates a pattern of poor conduct by the employer, there is a risk that such action could be classed as constructive dismissal.

Some examples of behaviour and actions that could lead to constructive dismissal are:

• A forced reduction of salary or threat of reduction
• Being demoted without good reason or in breach of contract
• Allegations of poor performance which are unfounded
• Stress at work not properly addressed
• Allowing bullying and harassment in the workplace

How can an employer avoid being accused of constructive dismissal?

The art of good employee relations is in communication. Employers need to be confident to have difficult conversations with employees. Employers may need to develop their emotional intelligence and approach employment matters in a planned and structured way.

What skills do employers need to avoid constructive dismissal claims?

Skills required to develop confidence in managing difficult situations and conversations are:

• high quality questioning skills
• active listening
• the ability to give structure feedback
• the ability to explain the rational relating to any decision

With these skills in place, employers should be equipped to deal with poor performance and restructure conversations, ask key questions associated with employee wellbeing, address matters with employee groups, and more. It is all in the conversation – oh, and don’t forget the process. Process is all about keeping track of documentation so that employers have an audit trail of how they handled the difficult situation. Ultimately, the employer needs to be able to demonstrate that they have behaved reasonably and that there has been no deliberate intention to not abide by the contract of employment.

How to avoid a claim

Employers need to be vigilant. Stay on top of employment contracts, HR policies and terms and conditions; avoid small issues building up; have the conversation.

It is important to investigate complaints when they arise. Use your HR Partner to help you; put fair processes in place; include an equality, diversity and inclusion policy; and make sure you offer training to your managers in the art of good employee practice.

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What is unfair dismissal?

This type of dismissal is when the employer terminates employment outside of one the categories detailed below. Fair termination of employment can be made (subject to the correct process) for the following reasons:

1. Capability or qualifications
2. Conduct
3. Redundancy
4. Contravening a statute
5. Failing to make reasonable adjustment for a disability
6. Forcing employees to work in breach of health and safety rule
7. Some other substantial reason

To avoid claims of unfair dismissal, employers need to ensure their internal capability or disciplinary processes are followed. Are your processes up to date and fit for purpose? Employers and managers need to understand the difference between an informal and formal conversation – this is key. If employers are not sure at which point informal becomes formal, they should discuss this matter with their HR Partner; they will be able to help business owners and managers alike to understand their responsibilities.

What is fair process?

Following the basic process of investigation, hearing and appeal may be enough to demonstrate fair process. However, the quality of the questioning, listening and understanding within these processes are the real tests of fairness. Also, don’t forget that employers need to ensure that they understand when representation should be offered and what constitutes adequate notice of proceedings. Accurate documentation and, most importantly, an open mind, is essential to avoid unfair dismissal.

Do you and your managers have the skills to manage difficult situations? Is it time to review your policies and train your managers to build that confidence?

If you would like help with building capability within your business and reducing risks, please contact us today and speak to one of our HR experts on 01473 360160.

You can view this original article and other content at Mad-hr.co.uk

by Carole Burman Managing Director, Mad-HR

Long gone are the days when we might have jumped to the assumption that an incident of bullying was the preserve of the playground.

Recent years have seen a huge rise in the number of allegations of bullying in a professional setting, and as we well know from the current news commentary, the matter of bullying can rear its head in landscapes as diverse as the corridors of political power, to none other than the royal household.

While no manager would ever want to find themselves witnessing allegations of this nature ‘on their watch’, it’s worth acknowledging that whether a company is large or small, has staff working alongside each other or remotely, or has an exemplary record for historic employee retention, situations can, and do, arise.

Bullying means different things to different people, so managers should be continually mindful that their employee might feel they have grounds to cite an issue if, for example:

• They feel disrespected;
• They consider themselves to have been humiliated; and /or
• They have been made to feel fearful or sad.

The range of specific allegations could be as broad as being given excessive workloads with unattainable deadlines, to being repeatedly ridiculed, shamed or overlooked.

As a top priority, a manager alerted to a scenario of bullying should immediately jump to thoughts of establishing facts, while remaining fair to all parties.

The goal is to discover whether there is indeed a case to answer, and then following a clear procedure to make sure the matter is documented and fully resolved (in whatever direction).

Speed is absolutely of the essence in the case of any allegation.

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For all concerned, it is right and appropriate that the individuals and organisation will all wish to see matters explored and concluded without delay. The manager will therefore want to ensure that resources allow for this to happen.

Of course, allegations and human behaviour are complex, so it’s fair to say that one of the biggest issues for a business is where a bullying accusation is made, but there appears to be little outright ‘proof’.

It should be made plain, therefore, that it is NOT actually upon the person complaining to 100% prove that they were bullied, and in what way.

Instead, it is on the business to be able to evidence whether the bullying was indeed probable or otherwise.

It’s for exactly these reasons that leaders of business should always pay due attention to having appropriate policies and procedures in place, which set out the commitment to a culture free of bullying or harassment in any form.

At the same time, it helps for a company to have a clear system for reporting concerns or specific allegations.

We would always recommend a conversation with our highly experienced team about putting such policies in place, or indeed, looking at the likes of ACAS for further information.

Here, in the meantime, are five key points with regards bullying and the workplace:

1. Having an anti-bullying policy and a clear whistleblowing process are important preventative and safeguarding steps for any organisation;
2. Allegations should be handled with speed, and maintaining complete fairness throughout;
3. Bullying means different things to different people, however ultimately relates to someone feeling uncomfortable with their treatment by an individual or culture;
4. Never underestimate the importance of thorough HR and legal advice. This is not an area to ‘guess’ your way through; and
5. Remember it is not necessary for the complainant to 100% prove they have been bullied.

For more advice or support from our team, or to arrange a bespoke webinar session to build the confidence and capability of your management team, contact us on 01473 360160.

You can view this original article and other content at Mad-hr.co.uk

by Charlotte Bate, Director MAD-HR

There are many persistent and common myths about HR, which have somehow become so ingrained in HR folklore that they could almost be considered urban myths.

In general, most HR myths tend to involve matters that an employer “can’t” do or, just by their tone, always seem to have negative connotations.

Here’s a rundown (in no particular order) of the top 10 most common myths about HR:

1. You can’t contact employees when they are off sick

Employers have a duty of care towards their employees and that duty doesn’t end when they leave the workplace at the end of the day. In fact, this duty extends to employers making sure that they “keep in touch” and maintain regular contact with their employees when they are signed off to see how they are doing.

Regular contact with a sick employee should be compassionate and focus on their wellbeing not just enquiring when they will return to work. A good company sickness policy and procedure will assist employers in ensuring that they are able to effectively maintain contact with and manage those employees off sick.

2. You can’t dismiss an employee who is genuinely off sick

Providing the employer follows a fair process, dismissal for capability due to ill-health is a lawful “fair reason” for dismissing an employee. If the employee is never going to be able to return to work, it is not reasonable to expect an employer to keep their job open forever and therefore under these circumstances an employer could look to dismiss. Persistent short-term periods of absence can equally be dealt with through a robust ‘managing sickness absence’ policy. Providing the employer is able to demonstrate that the business is not able to sustain unacceptable levels of sickness absence, that they have considered any reasonable adjustments required and followed a fair process, then an employer would be entitled to dismiss.

3. You can’t give a “bad” reference

Aside from exceptional limited sectors there is actually no obligation for an employer to provide a reference. However, if a reference is provided then it should be fair, accurate and not misleading. When providing a reference, employers should stick to evidenced based facts, otherwise they could find themselves open to legal challenge from either the ex- employee or new employer for misleading them. For this reason, many employers choose only to provide what are known as “tomb-stone” references, which literally only sets out the basic confirmation of employment details.

4. You can’t dismiss an employee when they are on maternity leave

It is certainly unlawful discrimination to dismiss an employee just because she is on maternity leave. However, it is perfectly legitimate to dismiss an employee on maternity leave if her role is redundant (although certain specific rules apply) or she has committed an act of gross misconduct.

5. Employees with under two years’ service have no rights

Employees with under two years’ service can’t bring ordinary unfair dismissal claims. They can, however, bring claims for breach of contract, for holiday pay, discrimination, maternity rights, whistle-blowing, protective awards, and most other employment claims. Some of these rights (such as discrimination) begin even before the employment relationship has started.

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6. The contract isn’t signed; therefore, it doesn’t count

The employment contract does not necessarily have to be signed for it to hold up in court – it doesn’t even need to be written down. The validity of a contract that has been agreed verbally or not signed admittedly can be more difficult to verify, but it can still be legally binding.

For example, if an employee starts work and has seen their contract but hasn’t yet signed and returned it, they could still be held to the document’s terms as working can be seen as accepting those terms.

7. Employers have to give time off for bank holidays

Employees have no right to bank holidays off, or to be paid more for working them. This entirely depends on the contract between the employee and employer. Full-time employees are legally entitled to 5.6 weeks holiday a year and bank holidays can be counted as part of those 5.6 weeks, but they don’t have to be.

8. Employees returning from maternity leave can demand to change their hours or days if they want to

Employees returning from maternity leave, providing they meet the criteria of having over 26 weeks’ service and haven’t made a flexible working request in the past 12 months, have a right to ask for their working pattern to change. They will usually need to specify the hours/days they would like to work, how it will benefit them and how they think it would work for the business. The employer must consider the request, but they do not have to accept it.

9. When HR is in the room, someone is about to get fired

There is a stigma that if HR is in the room, it’s not going to be a pleasant conversation. This couldn’t be further from the truth. At many companies, especially smaller businesses, human resources are involved in business operations and are not always in the room for potential terminations. HR is there to be part of the team, foster a positive environment and advocate for the company and the employee.

10. HR makes the decisions 

HR makes recommendations, not decisions. Whilst HR is a key strategic department, operations are determined by the senior leadership/owners of the business. However, that line between recommendations and decision making is often misunderstood by staff. Clearly, if a company or business is struggling economically, it must be able to look at all options available to them, which may include restructuring the business or even, if necessary, making redundancies to survive, all of which require input and recommendations from HR.

Professionals who work in HR know that these false perceptions can make their jobs more difficult, and whether they breed resentment toward HR or simply discourage employees from reaching out, the impact is often detrimental. It is clear that only by working together in dispelling these myths, will we start to see the true value HR brings to a business.

If you would like help banishing these myths from your business, please call us and speak to a member of our team here.

If you would like to discuss how we can Make A Difference to your business through our provision of HR services, please get in touch on 01473 360160 or visit our contact page here.

You can view this original article and other content at Mad-hr.co.uk

by Charlotte Bate, Director MAD-HR

From the looming retirement crisis to the fastest ever fall in number of EU workers, we look at the top 10 scariest facts and statistics about HR that are likely to impact the world of work in the near future.

1. Employee mental health & wellbeing

A staggering 70 million work days are lost each year due to mental health problems in the UK, costing employers approximately £2.4 billion per year1. Mental health is a business imperative. People are the most important resource, yet one in four will have a mental health issue. Mental health issues are the number one cause of sickness absence in the UK. Around half of all long-term sick leave in the UK is due to stress, depression, and anxiety.

The statistics are concerning, not just for the pandemic but the predictions beyond it. Over the past year we have seen companies doing great things to support employee wellbeing during the tough times of the pandemic, but employers need to be looking at what additional wellbeing initiatives and support they can offer their employees.

2. Alcohol dependency among staff

There are 31,767,000 workers in the UK. And a recent survey has found that 85% of 2,600 people surveyed have been drunk in the workplace in the last year. 31% of them admitted to being drunk at work or being unable to work as well due to alcohol, at least once a week.2

Based on that 31% sample. This means that 9.8 million of the British workforce in any one week is drunk at work or has impaired capacity to work. That is a massive 1 in 4 British businesses that have, on average, at least one worker per week at work who is drunk. Or incapable of carrying out their job properly because of alcohol.

It is estimated that £7.3 billion is lost each year in business productivity due to alcohol related issues in the workplace. And 17 million working days are lost each year due to alcohol related sickness! And a staggering 200,000 workers turn up to work hungover on any given working day.

3. Company car drivers’ accidents

Did you know that company car and van drivers are involved in a staggering one in every four serious accidents on the road? And sadly, every week around 200 serious injuries and, even worse, road deaths occur that involve fleet drivers.3

The cost of these accidents does not only ruin people’s lives, but it also has a huge impact on the companies who employee the fleet drivers that are involved in the road accidents, more often than not costing them hundreds of thousands of pounds (sometimes even millions) on fleet repairs, insurance, time off work for drivers and court cases, etc.

4. Cost of recruitment

On average, the cost to employers of replacing a single member of staff is more than £30,000, according to a recent report. The analysis from Oxford Economics found that by far the greatest expense (more than £25,000) comes from loss of productivity caused by the time it takes (28 weeks on average) for a new recruit to get up to speed.4

The remaining costs arise from the logistics of finding a replacement, it said. This includes agency fees, advertising costs, HR and management time, and the possibility of hiring temps before the new role started.

The analysis was based on figures drawn from five different sectors: retail, legal, accountancy, advertising, and IT and technology. Over a year, the report said the total costs for the sectors combined would amount to £4.13 billion.

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5. Engagement

According to the 2020 Global Culture Report, compiled by O.C. Tanner Institute, as much as 50% of employees in the UK feel underappreciated at work. 5Added to this, social distancing measures mean that as much as half of the employed population are still working remotely, further adding to the likelihood of them beginning to feel detached and neglected.

Work-life balance is the top driver of engagement at work, but it is not traditionally an aspect that many employers ask their employees about. Businesses tend to focus on standard elements like pay or traditional career progression, but recent studies show factors like showing support for your employees’ work-life balance and giving them a chance to try more lateral things in their role have a greater impact on engagement.

6. Employment tribunal statistics

The employment tribunal quarterly statistics for the period from April to June 2020 published by the Ministry of Justice,6 reveal:

Single claim receipts and caseload outstanding rose by 18% and 31% respectively in this period, while disposals decreased by 21% to 4,496 compared to the same period in 2019.  Multiple claim receipts and disposals dropped by 43% and 47% respectively, while outstanding caseload increased by 6%.

Annual compensation and costs awards figures have also been published for the employment tribunals and the EAT.  A total of 160 discrimination cases were awarded compensation in 2019/20.  The highest award, amounting to nearly £266,000 was for disability discrimination, while age discrimination cases received the largest mean average award (£39,000) compared to other discrimination jurisdictions.  Unfair dismissal mean average awards decreased to £10,812 from £13,704 in the previous annual figures.

The Ministry of Justice commented that the increase in single claim receipts was likely to be due to rising levels of unemployment and changes to working conditions during the pandemic.  It noted that this was “the highest level of single employment tribunal claims since 2012/13”.  Caseload outstanding has surpassed its peak levels recorded in 2009/10.

7. The majority of workers over 50 want flexible working

Currently in the UK, there are 10.2 million people over the age of 50 in employment. The Department for Business, Energy and Industrial Strategy (BEIS) arranged for a large-scale survey of over 12,000 workers over 50 and found that nearly 80% wanted more flexible hours and 73% wanted to see more part time positions offered. 63% said that they wanted training schemes to help them gain new skills and to deal with technology.7

8. Fastest ever fall in number of EU workers

Figures released by the Office for National Statistics have shown that the number of EU workers in the UK has taken the sharpest fall since records were first taken back in 1997. In the period between July and September 2018, numbers fell by 4.5% compared to the same period in 2017, which equates to 107,000 people.8

The CIPD recently advised that employers are finding vacancies harder to fill due to the decline in migrants coming to the UK since the vote to leave the EU. More than two in five employers have reported finding it “more difficult” to fill vacancies over the past 12 months.

9. Retirement

In the UK today, there are approximately 12 workers for every retired person. By 2050 that is expected to reduce to four workers per pensioner. That is a third as many workers to fund a bill that is going to be three times as large. Or, in other words, nine times as much tax that somebody is going to have to pay.

Excluding those still lucky enough to be in a final salary scheme, the average UK worker today retires with a pension pot of £40,000.9 With annuity rates around 5% that will buy a pension of £800 a year – or about £15.50 a week.

According to one online pension calculator, an 18-year-old on the new living wage who puts away 8% of their pay for their whole working life would end up with a pension of roughly £3,700 per year at age 68. That is assuming their employer puts in the current requirement of a 3% contribution.

It is fairly evident that there is a huge crisis looming and somebody, sometime soon, is going to have to do something about it.

10. Apprenticeships

Recently published apprenticeship and traineeship statistics for final year-end data for 2019/2010 reveal:

Total apprenticeship starts are down 18%. The number of apprenticeship starts for the whole of 2018/19 totalled 393,400, but this dropped to 322,500 in 2019/20. Of those starts in 2019/20, 47% were from apprentices aged over 25, while 25% were for higher apprenticeships.

Starts for both level 2 apprenticeships and under 19 apprentices dropped.

Traineeship starts were also down 18%. Starts on traineeships took another dip in 2019/20, falling to just 12,100 from 14,900 the year before.

Take up of the pre-employment programme, introduced in 2013, hit a high of 24,100 in 2015/16 but have been dropping since.

From August until 12 November 2020, the number of apprenticeship redundancies reported so far was 1,190. Of these, 22% were under 19s, 35% were aged 19 to 24, while 43% were for 25s and over.

The Government hopes to triple traineeship starts to over 40,000 for this academic year, with a higher funding rate for 19 to 24-year-olds, employer incentives and a tender to find extra providers among new measures.

If you would like to discuss how we can Make A Difference to your business through our provision of HR services, please get in touch on 01473 360160 or visit our contact page here.

You can view this original article and other content at Mad-hr.co.uk

by Elaine Coe, MAD-HR

As an owner or leader of a business, you have to wear many hats. Whilst HR is most certainly one of them, it can be tricky trying to navigate complicated employment legislation and employee issues, providing strategic HR or managing the coaching and development needs of the team.

Whilst you are unlikely to become an expert if every field, we do think it is worthwhile to understand some basic HR principles as this can help you manage risk, retain your employees, give them the opportunity to develop and contribute more and, inevitably, lead to your business’ success.

Here are five points that we wish employers knew about HR.

1. You are a business owner or leader; you are HR too

A leader or manager skilled in basic HR is a great asset to any business. Do you know the basics of employment law? Company policies? If yes, are you actively using this knowledge to help the business mitigate risk.

Do your employees know what your company policies are and have a basic understanding of them?

Do you have an office manager or administrator who has become your businesses go to for HR queries and fixes? Sound familiar?

It is worth exploring what training have you given them recently, as with all of the changes in employment legislation and government guidance, they may be feeling overwhelmed and unsure even when they are on the face of it doing an amazing job.

MAD-HR offers a training workshop specifically for those we call HR Heroes: the office manager, the PA, the partner of the business owner, the finance person, and those carrying out HR alongside another role and lacking the underpinning knowledge.

This is a four-part training course that has been designed to reflect new working arrangements and restrictions. Available online, the course can be accessed from your own place of work, wherever that may be.

2. People leave their managers, not their job

Exit interviews conducted show that, time and time again, the strongest influence on an employee leaving is the manager’s impact on the employee experience – that’s a lot of pressure!

Those same exit interviews show us that it is the small things that really matter. Many times, we have been told by employees that their manager rarely greets them, never says ‘thank you’, only talks to them when they have done something wrong, never praises their achievements, and so on…

Business owners, directors and managers are under enormous pressure and sometimes fail to pause, reflect and acknowledge. As you rush from a conference call to answering emails and thinking about your next appointment, take the time out to put down your phone and engage your team in a meaningful way. Why not schedule some time to place a call to your team, find out what is going on in their worlds, take a genuine interest? This is incredibly valuable to your team and you will all reap the benefit.

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3. You are the ambassador of recognition and rewards

Perhaps as a business you offer a rewards scheme. How often do you shout about it? Or is it the least visited page on your company intranet?

Challenge yourself to make the most of it; talk to your employees about it, share team achievements, catch people doing things well.

What if you do not have a rewards scheme? There is no time like the present to start! Even rewards as simple as a thank you email, a gift card for a coffee or lunch on you, are enough to help an employee feel valued. Plus, by recognising others’ achievements, it not only improves their morale, but it makes you feel good too.

4. You are a leader/manager 24 hours a day, 7 days a week

As HR professionals, we navigate and mediate a number of workplace concerns that can happen outside the workplace, but directly impact the business. Whether it’s the Christmas party, a few drinks after work, an off-site team building activity, what happens at these events rarely stays at the events. Having fun with your team is important, however, all the policies that dictate professional behaviour, protect against harassment and promote safety are likely to be relevant and need to be followed even when off-site.

Please celebrate and enjoy time with your team but remember to remain professional and lead by example.

5. There are times when you will need an HR professional

In our experience, every business needs effective HR support. Your people are your greatest resource; treating your employees fairly and providing them with opportunities to grow will help you achieve your ambitions and hit your business goals.

HR plays a significant role in developing positive business culture and improving employee engagement, productivity and operational efficiencies.

Do not wait until an employee comes to you raising a complaint, another team member has left during their probation, or your sickness wage bill is alarmingly high. Investing in great HR now will pay dividends, particularly when you are partnering with a champion of your business, your values and culture. A great HR consultant or business partner can be a cost effective way to get the skills and experience you need, when you need them. They will get to know your business and its ethos, demonstrate a return on investment and increase the knowledge and productivity of your employees.

If you would like to discuss how we can Make A Difference to your business through our provision of HR services, please get in touch on 01473 360160 or visit our contact page here.

You can view this original article and other content at Mad-hr.co.uk

By Alex Sellers, Director of Learning and Development at Turning Factor

There are countless articles and books written on the subject of motivation, and in particular, how to get the most out of our employees in the workplace. It is fairly clear that there is no one set of step-by-step rules to encourage people to maintain 110% effort 100% of the time.

Motivation can be defined as energy. Consider for a moment how you feel when you are motivated or demotivated. Are you energised? Are you engaged? Or do you feel lacklustre, tired and stressed? If we have too many people in our teams and businesses who are consistently demotivated, then the impact can be dramatic and difficult to recover. It is well known that negativity breeds negativity – when people feel isolated, frustrated and disengaged, the natural inclination is to pull other people into that world to create justification for these negative feelings. The literal opposite is true of teams and organisations where there are high levels of motivation and engagement – there is a competitive advantage to having high levels of motivation present across your organisation.

What is clear is that beyond strategy, structure, traditional performance management and organisational objective setting lies a universal and underpinning truth.

This truth is that people in the workplace have a choice about how much and what kind of energy they put into the work they do. This is called ‘discretionary effort’ and that there are many factors that can influence this choice. It is our role, as leaders and managers, to understand these factors and, therefore, what influences people’s levels of motivation.

So what can we do as leaders to encourage our people to remain focussed and engaged in their activities? Studies show that people are more engaged in their work through the right balance of intrinsic and extrinsic motivational factors.

Let’s look for a second at Frederick Herzberg’s ‘Two Factor theory of Motivation’, a widely accepted theory, which he developed in 1959 following a study of over 200 professional workers at the Ford Motor Factory. Herzberg suggests that there are two principal and different areas of need in the workplace that affect satisfaction and motivation. His work follows on from Abraham Maslow’s ‘Hierarchy of Needs’ and is classified in the group of motivational studies that are based around human beings’ desire to satisfy a need.

Herzberg stated that there are two distinct areas that we as leaders and managers need to pay attention to. The first of these areas he called hygiene factors, and they include things like working conditions, relationships with our peers and supervisors and, interestingly, pay. He found that the perceived absence of any of these factors would create dissatisfaction and he also found that if these factors were sufficiently present (in the perception of the workers), they would not increase levels of motivation, they would simply prevent dissatisfaction. The second of these two areas he referred to as motivators and these included things like achievement, recognition, responsibility, growth and the nature of the work itself. He found that when these factors were sufficiently present, they could positively motivate and when they were not present, they could demotivate. The two factors exist separately and the factors lead to positve motivation are fundamentally different nature to those that lead to dissatisfaction.

The beauty in Herzberg’s theory lies not in the precise validity (which has been challenged due to the size of the control group) but in how we look at the things that are important to us and our teams in the workplace. Consider for a second how you feel or felt when you got a pay rise. I am sure there would have been the flush of excitement, the thoughts of what we could do with the money and the added security … but how long did these feelings last? Now consider for a second the deeper reward that a pay increase gives us. Surely the pay increase has more meaning when we understand that it is a recognition of our value to the organisation that has garnered this increase. Herzberg found that the two most important motivating factors were achievement and recognition. He also found that hygiene factors had to be present to avoid dissatisfaction, but could not in themselves alone increase levels of motivation.

So, when we are in our businesses and our teams perhaps it is not enough to simply address the working conditions, environment or get the exciting new gadget. We need to be paying very close attention to how we are challenging, enriching, supporting and recognising our individuals and teams for the work that they do.

To consistently encourage high levels of motivation we should be looking to empower, challenge and engage our team members and ensure that we support and recognise their hard work and efforts towards our mutual goals. As managers, we should be constantly on the look out for things that we think are motivating our team, but are actually hygiene factors. The point is that we have to work hard to encourage positive motivation and we have to have the courage and self-awareness to challenge our own preconceptions of what truly motivates an individual. Simply put, we have to invest our time and energy to see the results. But when we do, those results will be dramatic and inspiring.

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