Author Archives: Sue Ferguson

Employment Updates to Prepare for in 2019

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Post-Brexit Immigration Rule Changes

Regardless of whether a deal on the UK’s exit from the EU is agreed, the rules around the employment of EU nationals will change sooner or later. Once the UK leaves the EU, free movement will end, although in practice this is likely to be delayed pending legislation to repeal the current arrangements. Also, it will take time to put in place the practical arrangements necessary to make this possible. The government has introduced a scheme under which EU workers already in the UK will be able to apply for “settled status”, to be able to live and work in the UK indefinitely.

However, as an employer you need to be aware that, going forward, the employment of workers from the EU is likely to be subject to restrictions in the same way as the employment of other foreign nationals, so will need to adjust their recruitment processes accordingly. Recruitment and retention policies will need to be reviewed for effective workforce planning.

Extend Itemised Pay Statements to Workers

From 6 April 2019, the right to an itemised pay statement will extend to workers, not just employees. Further, where a member of staff’s pay varies according to time worked, the employer will have to include on the itemised pay statement the total number of hours worked for which variable pay is received. This can be done either as an aggregate figure or as separate figures for different types of work or different rates of pay.

Be Aware of National Minimum Wage Rate Increases

The national living wage is due to increase to £8.21 per hour from 1 April 2019. Other national minimum wage rates are also due to increase, with hourly rates rising to £7.70 for workers aged at least 21 but under 25, to £6.15 for workers aged at least 18 but under 21 and to £4.35 for workers aged under 18 who are no longer of compulsory school age. The hourly apprentice rate will increase to £3.90 and the daily accommodation offset will increase to £7.55.

Meet Increased Statutory Family and Sick Pay Rates

The weekly amount for statutory family pay rates is expected to increase to £148.68 for 2019/20. This rate will apply to maternity pay, adoption pay, paternity pay, shared parental pay and maternity allowance. The increase normally occurs on the first Sunday in April, which in 2019 is 7 April. The weekly rate for statutory sick pay is expected to increase to £94.25 from 6 April 2019.

Start Preparing For Parental Bereavement Leave and Pay

The government has confirmed that it intends to introduce a right for bereaved parents to take paid time off work. Under the current proposals, bereaved parents will be able to take leave as a single two-week period, as two separate periods of one week each, or as a single week. They will have 56 weeks from their child’s death to take leave. The new right is expected to come into force in April 2020, but employers should start preparing for it during 2019, and could decide to introduce their own bereavement leave policy if they don’t already have one.

We will look at these issues and others relevant to your business at our next Employment Law Update workshop in April 2019. Click here for more details and to book online.

Managing Musculoskeletal Disorders at Work – Part Two

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Last time I posted Part One of how to manage MSDs in the workplace . Both Part One and Part Two are written thanks to Jenny Collis of Fit & Able Workplace, who kindly gave a presentation on the subject at my last Workshop.

This blog now discusses how to assess and correct any issues that staff may be experiencing. Specifically, it covers:

  • Clarifying what actions can be taken in-house by Health & Safety trained staff, with tips and advice on simple solutions for both the workplace and remote working situations
  • More information on when external expert help is required

Carrying out regular assessments helps both your employees and you to pick up on issues quickly, which helps prevent more long-term problems that can then lead to sickness absence. Ideally, these assessments should take place every six months, and certainly no less frequently than annually.

In terms of office-based staff, the workstation tends to be a relatively easy fix for musculoskeletal problems that may be caused by repetitive movements on the keyboard or mouse, for instance. Or if their posture doesn’t appear to be correct whilst sitting at their computer.

Many businesses these days provide solutions such as height-adjustable laptop stands to allow the employee to stand up for periods of time, allowing the body to stretch more. These solutions may be recommended by occupational health physiotherapists carrying out an ergonomic workplace assessment; you can request these assessments if you feel that an employee needs that specialist help.

Workstation Adjustments

When your trained staff are carrying out workstation assessments, these are some of the points they will need to consider and should be able to rectify themselves when they’ve had the correct DSE training:

  • Chair – does the employee know how to operate it? Ensure that the chair is set up correctly so that their knees are slightly lower than their hips and the back is supported. Is the chair at the correct height for the desk?
  • Foot rest – is one required? It may be necessary for shorter people to help keep their legs and hips in a comfortable position.
  • Desk – check that the layout is correct and that the height is suitable. How cluttered is it? The immediate working area should be as clear as possible.
  • Screen(s) – are they at the correct height and distance, and positioned according to percentage use? Do they need a monitor riser?
  • Input devices – make sure that the keyboard is 10 cm from the desk edge with the mouse alongside.
  • Telephone – does your employee use the telephone a lot? If so, ensure that a headset is provided to keep both hands free for note taking, and to prevent putting strain on elbows, neck and shoulders.
  • Paperwork – if your employee does a lot of typing, a document holder will ensure that they’re not straining their neck or shoulders by bending over the desk too much. Documents that are closer to eye-level are much better to work from.

Remote and Home Workers

It’s equally important to regularly assess remote and home workers, as well as employees who are on the road a lot. Things to consider include:

  • Laptop/mobile devices – check whether your employee needs accessory laptop equipment. For instance, an appropriate travel bag on wheels to accommodate their devices and paperwork as they travel from site to site.
  • Home Workers – how are they set up at home? Do they have appropriate equipment, including an adequate desk and chair?
  • Car use – if your employees have a long commute, or are on the road a lot with appointments, check that their driving position is correct. Proper ergonomic cushions may help with any back or hip issues.

When carrying out the assessments, if you find that there are problems that may need specialist equipment it would be advisable to seek external specialist advice before making any purchases; this could both save you money in the long term and save making costly mistakes. Specialist ergonomic equipment suppliers should provide free ergonomic assessments.

Ergonomic Workplace Assessments (EWA)

In Part One, I set out what you can expect when you have an EWA in the workplace. However, these assessments are not restricted to your office-based staff; they can also be provided for home workers. Most good occupational health physiotherapists also offer a range of other assessments, such as ergonomic vehicle assessments and manual worker assessments.

Fit & Able Workplace provide all of those services as well as health and wellbeing days, DSE training for your designated H&S staff, and they also implement DSE assessment programmes for your workplace. Their UK wide network of assessors will provide a uniform service nationally, ensuring that all your sites are treated equally.

If you have any further queries on MSDs and helping your staff to work comfortably and safely, or indeed any other staff issues, do call me on 0118 940 3032 or click here to email me.

Managing Musculoskeletal Disorders at Work – Part One

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Did you know that 24 million days are lost to ill health each year? Out of that, the breakdown includes 10.5million from stress related illnesses, and a staggering 9.5 million from musculoskeletal disorders.

At my last Workshop in October, Jenny Collis of the Fit & AbleWorkplace did a presentation on managing musculoskeletal disorders (MSD) in the workplace. From that, Jenny kindly allowed me to write this blog to help you manage MSD in your business.

MSDs are injuries and disorders that affect the human body’s movement or musculoskeletal system (i.e.muscles, tendons, ligaments, nerves, discs, blood vessels, etc.). In the workplace, there are a number of situations that can cause MSDs, especially where repetitive movements are necessary, as in a factory setting, or when sitting for long stretches of time at a workstation. Note – don’t sit for long! Get up regularly and walk around for a few moments.

Because this is quite a lengthy subject, the second part will be published in January 2019. This blog focuses on the following objectives:

  • To discover how MSDs are identified, reported and managed
  • To help you review provisions for DSE (Display Screen Equipment) assessment asrequired by Health & Safety legislation, and to ensure that they are appropriate for changes in technology and flexible working practices
  • When to seek external specialist support and what to expect

Identifying and Reporting of MSDs

As an employer, you need to comply with the Health and Safety (Display Screen Equipment) Regulations 1992, which was amended in 2002 for office-based computer users. This means that you need to check that the whole workstation – including equipment, furniture and the conditions – are set up correctly, correcting any risks, to ensure that each individual employee is positioned in an ergonomically correct way that’s also comfortable for working efficiently.

Assessments need to be carried out regularly, especially when a new employee starts work. Therefore, it’s important that the staff you nominate to carry out assessments are properly trained to correctly assess workstations and other areas.

Of course, these days there are huge workstation variations within different organisations, especially with all the different technologies around. For instance, many people use iPads and smartphones as much as, and sometimes more than, desktop computers and laptops. So when assessing workstations, it’s important to take consideration of all the different working possibilities.

Information sheets are available from Fit & Able Workplace to help your designated staff to assess and advise,such as:

  • Top tips for using a computer including some simple exercises
  • How to use a mouse and keyboard correctly
  • How to take the pain out of driving

Considerations also need to be made for flexible workers, hot-deskers and so on, as well as manual workers and production workers.

Remote Workers and Using Specialist Services

It’s also important to assess remote workers regularly, both the vehicles they use if they’re on the road a lot (as many sales forces tend to be), and/or their workstations at home.

It could be that some of your staff have medical conditions that they are reluctant to report on, so it’s important to help them to understand that they will be supported to keep their jobs and carry out their roles comfortably by putting some simple exercises or changes in place that will help them. For instance, ensuring that regular breaks are made in order to do some stretches or walk around for a few moments, as advised by the assessor. If you need to request letters from their GP or other medical practitioners about their condition, an external DSE specialist may be necessary.

Ergonomic Workplace Assessments

You may feel that it’s simpler and safer to use specialist services. If so, this is what you can expect to receive:

  • One hour on site with each user
  • Discussion of medical conditions and clinical management
  • Discussion of their work role, including all routine and external work factors
  • Observe the user undertaking their work, using knowledge of musculoskeletal disorder to identify the aggravating factors in and outside of the workplace
  • Provide advice and training to the user and implement solutions where possible
  • Provide a comprehensive report to you with findings, advice given, solutions implemented and any employer recommendations.Where equipment is suggested, generic recommendations are provided with examples of appropriate equipment. Quotes from suppliers can be provided withassessor discounts incorporated or equipment can be purchased from preferred company suppliers
  • All compliant with GDPR

Naturally, you can have your own trained staff carry out these assessments, certainly on an initial basis and unless a complication or riskarises that needs expert assessment. It’s also advisable to contact a specialist before purchasing new equipment or furniture, to ensure it is correct for the situation.

In January’s blog, we will focus on:

  • Clarifying what actions can be taken in-house by H&S trained staff, with tips and advice on simple solutions for both the workplace and remote working situations
  • More information on when external expert help is required

In the meantime, if you have any queries on MSDs and helping your staff to work comfortably and safely, or any other staff issues, do call me on 0118 940 3032 or click here to email me and I’ll refer you to Jenny at Fit & Able Workplace if needed.

‘Tis the Season of Abundance and Joy!

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Christmas parties can be a mixed blessing. They’re good to help both keep morale high and reward staff for a good year. But parties are not always without their problems– you can’t totally control all your staff, especially after a drink or two! Also,not everyone likes parties, so don’t make them compulsory, as some people find social situations too overwhelming.

Costing on average around £50 per head, produce an Office Party Policy to set expectations on behaviour, backed up with a Social Media policy warning staff not to post inappropriate photographs and risk damaging your brand’s reputation. Email all staff a couple of weeks prior to the event, attaching the policies, to bothremind them of the details of the party and your expectations of theirbehaviour, gently stating that the party is an extension of their working hours.

Remember, as the employer, you’re ultimately responsible for any shenanigans! So to avoid any pit falls and embarrassment, set up the ground rules first. Then relax and enjoy the event with your staff.

The ‘Alternative’Festive Menu

Cocktails and Wine

Can you guess which member of staff will be the one who gets a bit tipsy first?There’s always that one! Then there’s the wine lover who ends up getting a bit emotional, and the beer quaffer who may get opinionated, offering unwanted advice to all and sundry. Not forgetting the cocktail lover who thinks they’re the life and soul of the party! You know the ones. But we’re all human, and we all have our little foibles, whether alcohol induced or otherwise. So let themenjoy themselves, in moderation – you, too. Relax and enjoy a glass or three. Just remember not to make any drunken promises to your staff that could bite you in the backside later. Finally, make sure you have plenty of soft drinks available,too.

Your Starter for Ten

Everyone loves a traditional prawn cocktail or salmon starter. Or do they? Perhaps a member of your team is allergic to shellfish. Remember to check for allergies prior to the event.

Going Crackers

No Christmas meal is complete without pulling crackers, donning hats, enjoying the cheap gifts and laughing at the lame jokes. But once the crackers are pulled, keep an eye out for staff going crackers, or flirting inappropriately to try and ‘pull’ a colleague. Gentle flirting is one thing, but let’s keep it atthat, guys! Your policy should remind staff that what one person may find funny,another may find offensive – the last thing you want is a grievance about someone’s behaviour when you all return to work.

What a Turkey!

Onto the main course. Things are getting serious now … or seriously silly! But when it comes to the meat, consider those people of different faiths. Have you ensured there are Halal or Kosher choices, and vegetarian alternatives? Did you check that anyone has any other dietary needs? For the meal to be a success,and for your staff to feel appreciated, valued and listened to, getting this bit right is essential.

Brussels Sprouts – Loathe ‘em or Love ‘em?

I love Brussels Sprouts, especially stir-fried with garlic, chilli and ginger. But not everyone does. The point I’m making here is to not treat everyone the same and assume they all want or need the same thing. I’m not just talking about the festive season, either – don’t look at your staff as a whole but see them as individuals, too, with different needs. 

Christmas Pud with Lashings of Brandy Butter

Of course, some people may prefer mince pies, and others may loathe desserts with dried fruit. Ensure there’s a variety of desserts available so that people don’t feel left out – just as can happen with equality issues in the workplace.It’s important to cater for and embrace all desserts, tastes, ethnicities and sexual preferences so that everyone feels included.

Secret Santa

Many people love the secret swapping of silly gifts at Christmas. But what happens when someone opens a present that they find inappropriate, or worse still,offensive? Make sure you communicate with staff well in advance of the event. Make it clear that if they want to take part in the Secret Santa, gifts should be respectable and sensible. This can be subjective, of course, but most people should understand the sort of gifts to be avoided.

Taxi!

It’s over! Everyone’s talked, eaten, laughed, joked, enjoyed a tipple or two and hopefully had fun. Now it’s time to get everyone home safely. Did you know that it’s your responsibility as the employer to ensure that drunk staff get homesafely? If budget allows, arrange mini-buses or taxis in advance, or designated drivers for groups. Or at least encourage your staff to check the last bus andtrain times and provide the number of a couple of cab companies.

Finally,if you’ve chosen to have your Christmas event mid-week (not advisable), make sure that everyone had plenty of prior warning that they are expected in work the next day, fully functioning!

Wishing you all a very Merry Christmas and a peaceful New Year!

Your Essential Employment Law Updates

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Keeping yourself knowledgeable and up to date about the latest in employment law isn’t easy when you’re running a business. Instead, you can rely on me to help you remain legally compliant. So here is my summary of a few of the topics we discussed at last month’s Employment Law Workshop:

Zero Hours Contracts

A zero hours contract is helpful for new businesses as they become established, and small businesses. However, it’s important to remember that employees under a zero hours contract are also entitled to the same statutory rights as any other employee, such as annual leave, sickness, termination, and so on. Even if they don’t work many hours.

Despite the fact that an employer is not obliged to provide work under a zero hours contract, the employee is required to accept it when it is offered and, arguably, this is sufficient to amount to mutuality of obligation.

ICO Fees from May 2018

Since GDPR was introduced, it is a legal requirement for all organisations to pay an annual data protection fee to the ICO (Information Commissioner’s Office).

There are three tiers of fee payments that are dependent on your organisation’s size and turnover. Some organisations, such as charities and small occupational pension schemes, only need to pay £40 regardless of size and turnover. The tiers are as follows:

  • Tier one – £40 annual fee
    • Organisations with a maximum turnover of £632,000, or ten or fewer staff
    • Charities
    • Small occupational pension schemes
  • Tier two – £60 annual fee
    • Organisations that do not fall into tier one and have a maximum turnover of £36 million, or 250 or fewer staff
  • Tier three – £2,900 annual fee
    • Organisations that do not fall into tiers one or two, and that have a turnover of over £36 million, and more than 250 staff

To register with the ICO, find out more and pay your fee, click here.

No Right to Work in the UK

When recruiting, it’s essential to thoroughly check the candidate’s right to work in the UK. This involves checking and taking copies of documents such as passports, proof of address, proof of residence, etc. It’s important that you see the original documents and that they are valid. Throughout this process, be careful not to discriminate against anyone based solely on their race.

Gov.uk says to check that:

  • The documents are genuine, original and unchanged, and belong to the person who gave them to you
  • The dates for the applicant’s right to work in the UK have not expired
  • Photos are the same across all documents and look like the applicant
  • Dates of birth are the same across all documents
  • The applicant has permission to do the type of work you’re offering (including any limit on the number of hours they can work)
  • For students, you see evidence of their study and vacation times
  • If two documents give different names, the applicant has supporting documents showing why they’re different, such as a marriage certificate or divorce decree.

Remember that the original permission to work in the UK can expire, so it’s important to make regular checks on your current employees – you could face civil or criminal penalties if you’re found to be employing people who do not have the right to work in the UK.

The Gov.uk website provides some useful guides to help employers do this.

Christmas Parties – Preventing Problems whilst Having Fun!

It’s always good to have work parties, both for the fun and to celebrate the season, and also to help keep morale high whilst rewarding staff for a good year. But parties are not always without their problems. Costing on average around £50 per head, I always recommend that an Office Party policy should be drawn up to set expectations on behaviour. Key points should be:

  • Christmas celebrations should be viewed as an extension of the workplace
  • Celebrate responsibly
  • Expect high standards of conduct while still having fun
  • Let your hair down, but not yourself or your employers
  • Employees should not post photographs or videos of themselves, colleagues or other attendees and third parties (e.g. venue staff) at the event on the Internet or any social media websites.

If you have any queries on current employment law legislation and how it affects your business, or any other staff issues, do call me on 0118 940 3032 or click here to email me.

What’s the Best Way to Look After Your People?

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This guest blog has been written by Jonathan Lane and Patrick Doyle at SR Consulting who provide insight, solutions and support to growing businesses.

The long term success of your business depends on a large number of factors. One of the most important areas that you need to consider is your people. Are you doing everything that you can to look after them? Are you giving them the training and personal development that they need? Are you giving them the skills they need to help you grow your business? Are you providing with them the motivation they need to stay with your business, through thick and thin?

If you sit back and hope that the people you recruit will perform perfectly and that your business will prosper, you’ll be disappointed. It’s essential that you manage the continuous development of individuals, teams and yourself. This includes developing the knowledge, skills and experience of both new recruits and current employees.

Developing and training your people includes skills training and learning achieved via courses or instruction and covers personal development through coaching, mentoring or self-learning. It applies to all the members of your team, and includes people with little ambition beyond doing the same job until retirement, as well as high flyers. Changes to the world of work through continuing advancements in technology mean that even the non high flyer will at some point have to learn something different, even if it is just a new software version.

People develop knowledge, skills and experience from the day that you appoint them and it continues throughout their employment. The work that people do will also develop as external factors change. Encouraging an environment of development can help your business to meet its evolving needs for performance and delivery as well as fulfilling the people in it. People who develop in a role can also use their new skills, knowledge and experience to help others.

Where Do You Start?

You may have worked for, or be working in, a business that has someone who is responsible for developing the people. However, thinking that it can be left to your ‘Training Manager’ or an HR department, and that it doesn’t have to feature in your role as a boss is a mistake. A conscious approach to engaging everyone in developing your people can ensure you have a team that is doing what you need it to do, in a way that is efficient and effective for all concerned.

Every business is different, so there is no set way of developing people. It will differ from person to person, and you as the boss will also be a factor. Whilst there is no magic formula for this, here are some basic dos and don’ts:

  1. Don’t just rely on holding an appraisal meeting once or twice a year.
  2. Don’t apply it just to the employees who want to take on more tasks and responsibilities, or who are eager for training or promotion.
  3. Don’t think it is just about sending people on training courses.
  4. Do recognise that developing all the people in your team is part of the day-to-day activities of being the boss.
  5. Do acknowledge that people will have different reasons for working and different ambitions in respect to their life and career. As a result they will have different personal development needs.
  6. Do remember that an approach that works for one person isn’t guaranteed to work for another.

If you cover these basics you will be able to grow a stronger, more sustainable business, maintaining the performance of your people and reducing employee turnover. If you need any help with finding the best way to develop the people in your particular business, we can help. Call Jonathan Lane on 07503 891 331 or Patrick Doyle on 07425 150 238, or click here to email us for a conversation about developing your people and your business.

Seven Tips for Building an Amazing Team

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This is a guest blog written by Helen Pethybridge from ActionCOACH.

As a business owner, you understand how important it is to have the best people around you. And when they’re in, then making sure they are all pulling in the same direction in your growing business. Once you have the right people in the right places, that have the trust and support they need, you will see massive increases in morale, productivity and therefore results: increased profits. Here are my 7 tips for building an amazing team:

  1. Clear responsibilities

Firstly, get off to a flying start by being clear – and I mean really clear – on what is the work to be done, how will the work be measured, and how are these activities best grouped together into role or jobs. Make sure there is ‘clear space’ between the accountabilities of each different role in the team – so the job holders don’t ‘trip over’ one another.

  1. Hire on attitude

Next define the skills and experiences that are absolutely necessary to do the job and keep them to the minimum you can get away with. Be as broad as you can in terms of the type of product experience, the years’ experiences already gained, the qualifications needed, the broader the range of transferable skills the better for attracting more applicants. This allows you to attract as many diverse people as possible, from a broad range of backgrounds and industries. THEN you get the opportunity to narrow down your applicant pool based on attitude. Remember, it’s much easier to train skills, than change attitudes… So, hire on attitude. This gives you a real head start on creating an amazing team.

  1. Nurture

My third tip is to nurture your team members especially your new hires through their onboarding time. You’ve spent all this time and effort on hiring them, so why wouldn’t you invest a little more time to make sure they land smoothly in your team? It beggars belief that when a manager hires their dream candidate they can’t manage to be in the office with them on their first day.

  1. Give them space

So now you’ve a got great people in place in well-designed roles, next you need to keep them and build them into a team. Your role is to give them overall direction and structure and then let them get on with it.  You’ve hired the best, so show your trust in them. Provide ‘leadership cover’ if things go a little awry that supports them and take the flack yourself.

  1. Be accessible

Give your team first priority on your time. They’ll deal with everything for you as long as they know that when they do actually need you, you are accessible and responsive. Look after the team, and the team will look after the work, and the clients.

  1. Reward your team’s success

Give credit where credit is due, publicly recognise and celebrate the team’s achievements and success encompassing the whole team effort not just the visible team members ‘fronting’ the work they’re always supported by their colleagues in the background probably doing most of the work.

  1. Be a risk taker

My final top tip is to take risks on talented people. Keep everyone stretched and challenged. Support them to grow into their role, rather than hiring ‘ready-made’ who’ll be bored before you’ve finished their induction…

When teams have ‘space’ to operate and have the trust and support from their leader, they have a happy habit of getting on with working together, delivering amazing results and supporting each other and you just got yourself a dream team.

Find out more about what Helen does at actioncoach.co.uk/helen-pethybridge.

Since GDPR, How Do You Respond to Subject Access Requests from Employees?

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Since GDPR, How Do You Respond to Subject Access Requests from Employees?

Whatever the size of your business, you probably process significant amounts of personal data on clients and employees. The sensitive nature of this data means that you are bound by the legal rights of the data subjects, which includes their right of access to their personal data.

Sometimes referred to as SARs or DSARs, this guide explains your employees’ rights on making a Subject Access Request under GDPR, how they differ from the previous rules under the Data Protection Act 1998, and the processes required to effectively deal with them. The process is the same for requests received from other workers, or job applicants requesting personal data gathered during recruitment.

Key Changes Under GDPR

Subject access rights under GDPR are slightly different from those under the Data Protection Act 1998. For example:

  • Employers must provide additional information – envisaged data retention periods, and information about employees’ rights to have the data rectified, erased, or to object to the processing
  • Previously, SARs had to be in writing. Now, verbal requests are possible
  • Previously, you could charge a £10 fee for responding to a SAR. Now, you cannot charge unless the request is manifestly unfounded or excessive
  • Before, response time to a request was within 40 days of receipt. Now, you must respond without ‘undue delay’ and within one month of receipt (extended to three months for complex requests)
  • The maximum fine for non-compliance on responding to a SAR has increased significantly from £500,000 to €20 million, or 4% of the undertaking’s total worldwide annual turnover if greater. However, the Information Commissioner’s Office (ICO) has emphasised that it intends to continue to use its powers to impose fines “proportionately and judiciously” and regards issuing fines as “a last resort”

Subject Access Rights under GDPR

When responding to a SAR, you must provide the employee with the following information:

  • The purposes for processing the data
  • The categories of personal data you process
  • The recipients, or categories, to whom the data is disclosed (especially if outside the European Economic Area (EEA))
  • How long you will hold the data
  • The employee’s right to request rectification or erasure of data, and to restrict or object to processing
  • The employee’s right to complain to the ICO
  • The source of any data not provided by the employee
  • The existence of any automated decision-making (including profiling), the logic involved, and the envisaged consequences of such decision-making for the employee
  • The safeguards provided for the transfer of data outside the EEA (if relevant)

If a SAR is manifestly unfounded, excessive or repetitive, you can charge a reasonable fee for administrative costs or refuse to act on the request. But you must tell the employee, without undue delay and within one month of receipt, why you are not responding to the SAR and of their right to complain to the ICO and/or a court. If you are challenged, you will need to demonstrate your reasons.

Policies and Procedures

You should already have policies in place to guide both employees and managers on dealing with SARs; use the following to update them.

  1. On receipt of a SAR, assess whether the request is complex. With the volume and sensitivity of employee data typically held they may be complex, needing an extended three-month time limit. If so, notify the employee with the reasons why within one month of receipt of the request. Keep the employee informed throughout – regular communication helps reduce the risk of employees complaining to the ICO.
  2. Identify where the data is being stored, both electronically and manually. This may include the HR team, the line manager and the IT department. Your policy should specify the timescale for them to provide the data for review, including by legal advisers if necessary, before the SAR response is due.
  3. Employees responsible for dealing with SARs will need training.

Identifying SARs

Your data protection policy can specify how employees should submit SARs, which will help to identify them. However, an employee can still submit a SAR in some other way, including verbally or even via social media, which you should then confirm in writing; it’s important to regularly monitor all channels of communication.

Legally, there is no prescribed format for a valid SAR under GDPR. It simply needs to ask for copies of their personal information. For example, a request for “a copy of all information that you hold about me” or “all information relating to my recent grievance” will be a valid SAR.

You are not required to comply with a SAR if you cannot verify the identity of the individual making the request. It could be a previous job applicant, and you may need to check the individual’s identity before disclosing personal data – a copy of a utility bill should suffice.

Clarifying and Searching

Most SARs ask for “all information that you hold about me”. The ICO regards an individual’s right to access their personal data as fundamental. However, in some circumstances it may be possible to show that the employee’s request would require taking unreasonable steps.

Initially, discuss the scope of the request with your employee; you cannot ask them to limit the scope, but you can ask for further information to help locate the personal data. For example, if the employee is seeking personal information contained in emails, you could ask them to identify which email accounts should be searched, or parameter dates. Engaging with the employee about their request, even if they refuse to cooperate, may help your case should they later complain to the ICO.

The ICO’s Subject access code of practice may be of help.

Carrying out regular data audits to record where data is stored is beneficial, especially if third parties are involved, such as cloud based databases.

Searching email systems for personal data can be onerous. Ideally, set up your systems to simplify locating information. You may need to search local computer drives (such as the employee’s line manager) for personal data – your policy should set clear rules on the storage of employee data on personal devices.

Paper archives should also be searched. To save time, liaise with the employee to agree the search parameters.

Data Exemptions

If the employee’s personal data is mixed with that of other people, assess whether to disclose such third-party data. The Data Protection Act 2018 contains exemptions to some data types, including:

  • Confidential employment references
  • Personal data processed for management forecasting or planning if disclosure would prejudice the business (e.g. reorganisation plans)
  • Records of your intentions in relation to negotiations with the data subject if this would prejudice the negotiations
  • Information subject to legal professional privilege

Providing the Data to the Employee

The GDPR recommends that personal data should be provided via remote access to a secure system. Alternatively, provide the response electronically (unless otherwise requested) with password-protected documents, portable hard drive or USB device. This is a significant change from previous practice, as employers used to provide hard copy data.

Explain what searches you carried out and why searches may have been limited, either because they would require disproportionate effort or because the data is too intermingled with third-party data. Explanations reduce the risk of complaints to the ICO.

For further advice on SARs or any other staff issues, do call me on 0118 940 3032 or click here to email me.

The Importance of Developing Recruitment Shortlisting Criteria

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The Importance of Developing Recruitment Shortlisting Criteria

When you need to recruit, do you follow a specific procedure? Do you have effective shortlising criteria? If not, you may end up with problems, waste a lot of time and money or employ the wrong person.

It only takes some simple, common-sense steps to ensure a smooth recruitment process. Read on to find out more about how and why you should develop effective shortlising criteria for successful recruitment drives.

Why should you develop a process?

There are four key reasons why you should develop an effective shortlising process for each role, regardless of the size of your business:

  • Legal implications – to avoid a tribunal claim for discrimination
  • Ensuring a suitable quality of candidates for the role
  • Time and cost – criteria that’s not stringent enough could mean shortlising unsuitable candidates
  • Employer reputation – a fair recruitment and selection process can have a significant impact on your brand, as applicants will appreciate a positive experience even if they’re unsuccessful

Here’s how to do it. First, refer to your job description, person specification and competency profile for each role and list the essential shortlisting criteria, which could include: 

  • Educational qualification or equivalent – for example a graduate position requiring a 2:1 minimum degree
  • Experience – such as a secretarial role needing Minute taking experience
  • Skills – an HR role requiring experience using a specific software, for example
  • Knowledge – such as a social media role needing knowledge of a range of social media tools
  • Behavioural competencies – e.g. an accountancy role needing evidence of influencing at Board level.

When deciding on the ‘essential criteria’, you could also include ‘desirable criteria’. This helps to distinguish between candidates who meet only the essential criteria for the role, and those who offer additional relevant qualities. Asking others to help you develop the shortlisting criteria provides useful discussion to identify ‘essential’ versus ‘desirable’ criteria.

Next, assess applications against the shortlisting criteria to screen out unsuitable candidates.

Telephone Screening Interviews

One screening option is to conduct brief telephone interviews with applicants as a second screening stage, after establishing that candidates satisfy the basic qualifying criteria for the role.

Telephone interviews can be time consuming, but are useful for telephone-based roles, such as a call centre adviser, as you have an opportunity to assess applicants’ verbal communication skills. A script setting out what questions to ask will help to ensure consistency across all candidates. You may also want to use a telephone screening interview to establish or confirm any queries you may have on their application and to assess the verbal communication skills of the candidates.

At this early selection stage, a 20-minute telephone conversation should be sufficient.

The Shortlisting Process – Scoring, Ranking and Weighting

The next stage is to shortlist candidates. An assessment form will help the shortlisting panel to record the relevant evidence in support of its decision, and proves you carried out a systematic approach.

The categories listed should relate to the shortlisting criteria for the role; for example, qualifications, work experience, level of responsibility, competencies and salary level. Include a section for comments to highlight areas to probe at the next selection stage for shortlisted candidates.

A scoring and weighting system helps the shortlisting panel to rank candidates in an objective and consistent manner. Rate each candidate against each category of the criteria using the rating scale 1-5, with 5 indicating that the applicant ‘exceeds requirements’ and 1 indicating that he or she ‘just meets requirements’.

Next, apply weighting to your shortlisting criteria by attaching different levels of importance to certain criteria according to its level of relevance to the role. Use a simple 1-3 weighting framework where 3 indicates ‘very important’, 2 indicates ‘important’, and 1 means ‘quite important’.

Once candidates have been allocated a total score, they should be ranked in order of their scores.

Avoiding Bias and Discrimination in Shortlisting

Using appropriate shortlisting criteria helps to avoid bias and discrimination. Without criteria, your organisation may end up with an unsuitable pool of candidates, and claims of discrimination will be harder to defend. To help prevent this, ensure that only relevant information is considered by removing all personal information on CVs and application forms prior to shortlisting.

One potential challenge relating to discrimination is length of experience. Asking for a minimum number of years’ experience can lead to age discrimination, as a younger job applicant has not had the opportunity to accrue a specific number of years in a role. Further, shortlisting candidates based on years of experience could mean discriminating against women who took time out to raise children, or applicants who needed time away because of a disability. Therefore, consider what a candidate with the relevant experience should be able to do and define the job requirements in those terms when developing the shortlisting criteria.

And finally, to prevent bias and discrimination, avoid making assumptions! The shortlisting process should consider the evidence supplied by a candidate to demonstrate how they meet the shortlisting criteria – don’t make assumptions not based on factual evidence.

Register Now for the Autumn Employment Law Update Workshop!

If 25 October 2018 isn’t in your diary already, put it in now!

Not only will you be able to learn about the latest changes in Employment Law, but you will also benefit from hearing Jenny Collis, of Fit&Able, speak about keeping your employees healthy at work. Back and neck pain, and upper limb symptoms are the most reported musculoskeletal complaints in the workplace. As an Occupational Health Physiotherapist, Jenny will highlight the most common complaints, review your employer’s obligations and provide strategies and solutions for management in the workplace. This is one not to be missed.

Running from 9.30am to 1pm, the venue is The Meeting Room at Hennerton Golf Club in Wargrave, Berkshire, and the cost is just £20 plus VAT to include refreshments. For more information, click here, or to go direct to our Eventbrite page and book online there.

Fair Dismissal Can Prevent Tribunal Troubles

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Did you know that since the fees for tribunals were waived in July 2017, there has been a 90% increase in employment tribunal claims?

To protect yourself from risk of being taken to court for unfair dismissal, it’s important to know the difference between ‘fair’ and ‘unfair’ dismissal, as well as ‘wrongful’ and ‘constructive’ dismissal.

Do you know the differences? What about the relevant laws, and codes of practice? If you’re unsure of any of these and don’t want to risk paying thousands of pounds in compensation to employees taking you to tribunal, this blog will help.

What is Fair?

When you need to carry out a dismissal, it’s important to ensure that it’s fair on the employee not only for them, but also for the reputation and integrity of your organisation.

One of the first things you, as an employer, must understand is the differences between ‘fair’ and ‘unfair’ dismissals. ‘Unfair’ dismissal is usually where an employee was dismissed, for example, because of pregnancy; a family situation such as time off for dependents; or in contravention of the Working Times Regulations. These are just three examples of many that could end with you in a tribunal court if they weren’t handled correctly.

For a dismissal to be deemed ‘fair’ as stated under Section 98 of the Employment Rights Act 1996, it would need to be carried out for one of these five reasons:

  1. Capability or performance
  2. Conduct
  3. Redundancy
  4. Contravention of a statutory duty or restriction
  5. “Some other substantial reason of a kind such as to justify the dismissal of an employee holding a position which the employee held.” (This is a direct quote from the Employment Rights Act 1996.)

Let’s delve into each point a little further:

  1. Capability or performance

An employee can be dismissed if:

  • They do not have the capabilities to do the job duties they were employed for
  • They have the capabilities, but are unwilling to do the job properly

However, you should still have a process of looking further into each point to find out more about their situation, especially as poor performance could be down to health issues, or because of stress. Read more about that here.

  1. Conduct

When there’s clear evidence of misconduct, such as persistent lateness or unauthorised absence from work, action should be taken to try to understand why the misconduct is happening, and to give your staff member a chance to improve. For more information on this, read my blog on Managing Capability and Conduct Issues Effectively to Avoid Dismissal.

If gross misconduct is evident, this must also be handled carefully and within the legal parameters of employment law. For more on this, click here.

  1. Redundancy

Making people redundant is always difficult, but may be necessary if the business is changing in some way, moving location, or even closing down. To genuinely make someone redundant, you must demonstrate that the employee’s job will no longer exist. Of course, the employee has certain rights throughout the redundancy process, such as needing time off to look for a new job, and they may be entitled to redundancy pay. Read more on this subject here.

  1. Contravention of a statutory duty or restriction

One example of this is of employees not having the right to work in the UK anymore, or not having proof of their immigration status. Other examples can include undertaking Trade Union duties, or not providing relevant work evidence to support their employment.

  1. Some other substantial reason

If none of the above four reasons for dismissal apply, then the phrase “some other substantial reason of a kind such as to justify the dismissal of an employee holding a position which the employee held” becomes admissible. Examples include:

  • Non-renewal of the fixed-term contract of an employee recruited as maternity leave cover
  • Dismissal and re-engagement of an employee to impose new contractual terms and conditions that the employee has refused to agree
  • A personality clash between employees makes working together impossible
  • Where there are concerns relating to the safeguarding of children or vulnerable adults, but there are no grounds for a misconduct dismissal

I have covered this last point in more detail in other blogs that you can read here.

Even where a dismissal is potentially fair for “some other substantial reason”, it’s important that you follow a fair procedure and act reasonably in dismissing the employee, taking into account all the circumstances.

Being such a minefield, it’s important to get expert help when you need to dismiss someone to reduce the risk of being taken to court.

Before you dismiss any member of staff, for whatever reason, it is best to seek professional HR advice. You can call me on 0118 940 3032 for a confidential chat or click here to email me.