Is Your HR Doing What it Should?

Is Your HR Doing What it Should?

All businesses that employ staff need a way of looking after them. It’s called HR, or Human Resources. Rather than waiting for a problem to arise and then dealing with it, good HR is proactive and preventative. Here’s how to make sure that yours is doing what it should, to protect you and your employees.

    • Have in place well designed policies and procedures that cover all your business needs and eventualities, which ensure every part of your business is operating like a well-oiled machine.
    • Prepare comprehensive job descriptions for every employee and evaluate them regularly.
    • Set objectives and targets to provide focus for all your staff on what you want them to achieve. Have short and long term goals and give your employees regular feedback on how they’re doing.
    • Give praise for work well done – in public, if necessary.
    • Deal with instances of poor performance before they become a major issue.
    • Keep up to date with the latest employment legislation. Always ensure you’re exercising your duty of care towards the welfare and development of your employees.
    • Talk to your employees and keep them informed, engaged and focussed on your strategic goals. Let them have their say and voice their concerns and ideas.
    • Provide opportunities for training and career progression wherever possible.

When you spend time looking after your staff, they will become more engaged and more productive. Use HR proactively and you can build a better workforce and a more profitable business.

How Do You Make Sure Your Employees are Performing to the Best of their Ability?

How Do You Make Sure Your Employees are Performing to the Best of their Ability?

Your people are the key to the success of your business. By investing in them you are investing in your success. But how do you make sure they are working as hard as they can, to bring about that success?

Here are our top 10 tips to help you get the most from your people:

1. Provide a vibrant and stimulating working environment and a culture that values the contribution made by each person

2. Embrace the diverse range of skills, expertise, experience, attitudes and backgrounds of all your staff

3. Encourage your staff to reach their full potential. Provide them with opportunities to develop their expertise, both in terms of technical and soft skills

4. Provide formal and informal performance reviews on a regular basis

5. Set clear objectives and achievable targets with your staff and allow them to air their concerns within an environment of trust and honesty

6. Deal with issues as soon as they arise. Don’t wait for them to become a significant problem

7. Equip your managers with the skills they need to deal with difficult situations confidently and effectively

8. Reinforce and reward good performance. Provide incentives and rewards that motivate each individual member of staff

9. Offer a clear career path to incentivise employees to be the best they can be

10.Conduct regular employee questionnaires to highlight areas for concern and ensure staff feel that you value their opinions.

Managing staff is often the hardest part of any manager’s job. Follow these simple tips and you’ll find it easier to encourage your staff to put their best efforts into working with you.

How Will Changes to Flexible Working Affect Your Business?

How Will Changes to Flexible Working Affect Your Business?

In November 2012, the Government published its consultation on modern workplaces and said that from 2014 it would extend the right to request flexible working to all employees. This will have a huge impact on some businesses; do you know how it will affect yours? Do you know how to implement the changes so that you stay on the right side of the law?

Flexible working is seen as a benefit to many people, allowing them to achieve a better work-life balance. For many, this actually makes them more productive at work. Many small businesses have allowed flexible working as it helps them recruit good staff. However, for some businesses, the changes could have different effects. If you don’t fully understand how to use flexible working, your business or your employees could suffer.

The right to request flexible working is currently restricted to parents of children under the age of 17 and carers. This will be extended to all employees from 30 June 2014. It will:

  • remove the requirement for the employee to be a carer to qualify for the right to make a request
  • place a duty on employers to deal with requests in a reasonable manner
  • require you to notify the employee of your decision within three months of the application, or longer if this is agreed with the employee.

The provisions that implement the new rights will get rid of the statutory procedure for considering flexible working requests and replace this with a requirement to “deal with the application in a reasonable manner.”

The 26 week qualifying period for employees to make a request for flexible working will be retained and an employee can still only make one flexible working request in any 12 month period.

Acas has published some guidelines which say that as an employer, you should do the following:

  • Arrange to talk to your employee as soon as possible after receiving his or her written request (unless the intention is to approve the request)
  • Allow your employee to be accompanied by a work colleague at any discussion
  • Discuss you employee’s request with him or her, where possible in private
  • Consider requests “carefully looking at the benefits of the requested changes in working conditions for the employee and the business and weighing these against any adverse business impact of implementing the changes.”
  • Inform your employee of the decision, in writing as soon as possible
  • If your employee’s request is granted, or granted with modifications, discuss with them how and when the changes might best be implemented
  • If your employee’s request is rejected, ensure that the rejection is for one of the business reasons permitted by legislation and allow the employee to appeal it
  • Consider and decide on all requests, including any appeals, within a period of three months from initial receipt, unless an extension is agreed with you employee.

This means that you can’t just deny a request for flexible working because you don’t understand it, or think it will have a negative impact on your business! Acas has produced a guide that provides good practice advice for employers, which you can download by clicking here.

Changes to Employment Law – Can You Keep Up?

Changes to Employment Law – Can You Keep Up?

Twice a year, in April and October, changes are made to UK employment law. There’s a lot that you need to know, so to help you keep abreast of the changes, I’m running one of my very popular workshops to discuss and simplify the changes. It will be held on 1 May 2014 and Hennerton Golf Club, Wargrave, Berkshire. Click here to book your place.

Here’s a summary of some of the proposed changes to due to take place this spring:

  • Power of Employment Tribunal to impose Financial Penalties on employers. The Employment Tribunal will have the power to order an employer who has lost a case to pay a financial penalty, to the Secretary of State, of between £100 and £5,000. The penalty will be imposed where the employer has breached any of the worker’s rights. Tribunal Financial Penalties apply from 6 April 2014.
  • Early conciliation to come into force. Before lodging a claim to the Tribunal, all claimants will need to notify Acas first, where conciliation will be offered. If conciliation is unsuccessful within the set period the claimant can proceed to lodge a tribunal claim. This comes into force on 6 May 2014.
  • Statutory maternity, paternity and adoption pay increase. The rate of statutory maternity, paternity and adoption rate will increase to £138.18.

In addition, there is this change, to be brought in by the end of 2014:

Managing sickness absence. A health and work assessment and advisory service is to be introduced, offering fee occupational health assistance for employees, employers and GPs. The service can provide an occupational health assessment after four weeks of sickness absence.

To keep your business fully updated, why not book your place on our workshop? The cost is just £10 +VAT, so to reserve your seat, just click here to book online.

(HR) Human Resources for Small Businesses

When you run a small business, taking on and managing staff can be one of the hardest things to get your head around. Here are a few of the basics that you need to get right.

Employment contracts – This is the most important HR document you’ll have in your business. You’re legally obliged to provide every employee with a written statement of the terms and conditions of their employment within two months of them starting with you.

National Minimum Wage – Almost all workers in the UK aged 16 or over are legally entitled to be paid a minimum hourly amount. The rate is reviewed every year and usually increases in October. Click here for the current rates.

Holidays – All employees are entitled to a minimum amount of time off per year. For full time employees the maximum is 28 days. You can work out your employee’s holiday entitlement by clicking here. Some companies like to give their staff an extra day off on their birthday, if it falls on a working day.

Pensions – Since July 2012 changes have been brought in. Every business will have to provide eligible employees with a qualifying pension scheme and make minimum levels of contributions into it. Talk to pension providers to find out when you need to set up your scheme.

Statutory Sick Pay – When an employee is absent from work due to sickness for more than three continuous working days, they become entitled by law to receive Statutory Sick Pay.

Discipline and Grievance Process – When dealing with disciplinary and grievance situations in the workplace, you should follow the Acas Code of Practice.

Dismissal Procedure and Tribunals – Dismissing an employee is fraught with risk for employers, so you should make sure that you follow the correct procedure and take advice.

These are just a few of the things you need to know. It’s best to deal with issues before they become big problems, so if you need any more advice, please do get in touch.

How to Make Appraisals Really Easy

Appraisals should be divided in three stages – preparation, the actual meeting and the follow up. Here’s what to focus on at each stage.

 1. Preparation

This is one of the most important stages of the appraisal process and is often missed or skipped over too quickly. You need to have facts about each employee’s performance and evidence of instances in which they have performed well or badly. This will make the appraisal constructive and meaningful.

Throughout the year, track each employee’s performance and keep a log of memorable incidents or projects they’re involved in. Look back at previous appraisal information and job descriptions to make sure they are meeting their agreed objectives.

Make sure that your employees are prepared too. Agree the date, time and place for the meeting at least two weeks in advance; brief them on the importance and scope of the meeting and what you expect from them.

2. The Meeting

Once the preparation is done, here’s how to carry out the meeting:

  • Ask open and probing questions, giving your employees the opportunity to decide how to answer; encourage them to talk freely
  • Listen to what they say without interrupting. Also watch their body language for messages
  • Evaluate performance, not personality. Focus on how well the employee does their job rather than personal characteristics
  • Give feedback based on facts not subjective opinion. Use feedback to positively reinforce the good. In the case of underperformance, use it to help the employee understand the impact of their actions or behaviour and the corrective action required
  • Set SMART objectives for the future and set a timeline for improvement if an employee is underperforming. Look also for development opportunities to help your employees reach their potential
  • Document each appraisal. Write a summary of the discussion, what was agreed and any action to be taken while it’s fresh in your mind.

3. Follow Up

Don’t just walk away at the end of the meeting, breathing a sigh of relief and forgetting about it all until next year!

Do what you say you will do. Fulfilling your promises reflects well on you and your business. If you’ve set deadlines for performance reviews, follow up on them. Check on progress that you discussed in the meeting.

If you don’t follow up with appraisals, the whole process will be a waste of time and something that neither you nor your employees look forward to or find useful.

Still need some help? If you follow all these tips and still think that carrying out appraisals seems too difficult, we can help. Full preparation, support during the meetings and follow up for just £90 +VAT per employee! To find out more or to book dates for your appraisals, call me on 0118 940 3032 or click here to email me straight away.

More Changes to Employment Law – What You Need to Know

Throughout the year changes are made to employment law. To help keep you up to date, here are some of the more recent changes.

The Right to be Accompanied. Employees have the right to be accompanied at a disciplinary meeting, where they make a reasonable request. What is reasonable will depend on the circumstances of each individual case. However, it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing. Nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.

The Acas code is to be amended to “Employees have an absolute right to choose a companion for a grievance meeting.” Click here to visit the Acas website for more information.

Employee Shareholders. From September 2013 employees can become shareholders if both they and the employer agree all the aspects. Employees can receive £2000 worth of shares and in return, give up rights to claim unfair dismissal, a statutory redundancy payment, a statutory right to request flexible working and a statutory request for study or training. They must also give more than usual notice of return from maternity leave. Click here to find out more.

Pensions Auto Enrolment. From April 2014, depending on the size of your business, you will have to provide a workplace pension for your staff. To do this you need to know your ‘staging date’ and make sure you have information on all your employees. Check your payroll system can cope and that you have enough administration support. To find out who will be included and excluded and when you have to set up company pension, take a look at the Gov.UK website.

In April or May 2014 I’ll be running another Employment Law Update workshop. Keep an eye on this blog and the website for the date and online booking.

Legal Updates? What You Need to Know Now

In November 2013 I ran a workshop to share some of the more recent employment law updates. Here are the details of just three of the issues we covered and what you need to know.

Flexible working. At present, parents and carers with at least 26 weeks employment can make one request for flexible working in 12 months and a statutory procedure applies to considering the request. From Spring 2014, all employees with at least 26 weeks continuous employment can make one request for flexible working in 12 months. Requests must be considered in a reasonable manner and within a reasonable period.

ACAS has produced a draft code for you to follow, when considering flexible working requests, which says:

  • Talk to your employee as soon as possible
  • Discuss the request in private but allow your employee to be accompanied
  • Approach requests from the presumption that they will be granted unless there is a business reason for not doing so
  • Inform your employee of your decision in writing as soon as possible
  • If your employee’s request is granted, or granted with modifications, discuss with them how and when the changes might best be implemented
  • If your employee’s request is rejected, ensure that the rejection is for one of the business reasons permitted by legislation and allow the employee to appeal it
  • Consider and decide on all requests, including any appeals, within a period of three months from initial receipt, unless an extension is agreed with the employee.

Shared parental leave. The law currently says that mothers can take 52 weeks maternity leave (39 paid weeks and 13 unpaid weeks) and that fathers or partners can take 2 weeks ordinary paternity leave, with the right to take up to 26 weeks additional paternity leave. From Spring 2015 you will need to consider shared paternity leave. This gives new parents the possibility of sharing the untaken balance of maternity leave and receiving pay for ‘flexible parental leave’. This is where parents can share 50 weeks leave and the 37 weeks pay due to the mother. Flexible parental leave can be taken in one week blocks interspersed with work and parents can take leave at the same time.

Unpaid parental leave. Currently, an employee with one year’s service and a child under 5 can take 18 weeks unpaid parental leave. This applies to each child and to each parent, with a maximum of 4 weeks unpaid leave allowed in any year. From 2015, the age of the child will increase from 5 to 18 years.

Does all this sound too confusing? If it does or you’re worried about how any of these changes will affect your business, please do get in touch and we can talk about it.

I’ll be running another employment law update in May 2014, after the next round of changes happen in April next year. Keep an eye on this blog for the date and details.

Zero Hour Contracts – What Do You Need to Know about Them?

Some companies, especially those in retail, have a huge spike in labour needs in November and December. What are the options for dealing with this?

Here are the most common ways of coping with seasonal labour requirements.

Agency workers – where an employment agency deals with the administration involved in fluctuating workforce needs. You can pay the agency for these services, but it can be a cost- and time-effective solution.

Traditional fixed-term contracts – these are not quite as flexible as the other options, but short-notice provisions are often inserted into the contracts.

Zero hours contracts – as the employer you are under no obligation to offer work and (generally, although not always) your employee is under no obligation to accept any work offered. This provides both parties with greater flexibility.

Increased overtime (including weekend work) – the viability of this option depends on how much more labour is needed.

There has been a lot of negative publicity surrounding the use of zero hours contracts. Are they even legal?

Many zero hours contracts do not give workers full employment rights. It is difficult to construe an employment relationship when neither party has to provide and/or undertake work. Seasonal working is a good example of when zero hours contracts can be used effectively. Fluctuations within the busy period mean that the employer may require the flexibility that only zero hours contracts provide (if recruiting direct). Recent bad press surrounding zero hours contracts relates mainly to large organisations using them for their core workforce. While not unlawful, there is a growing belief that having core workforces working zero hours contracts is an attempt to short-circuit employment rights legislation.

Question: Christmas is coming – Are Employees Who Work on Bank Holidays Entitled To Pay in Lieu or Additional Holidays?

Answer: This depends on the overall holiday entitlement and the terms of the employment contract. If the entitlement is the statutory minimum (which is 28 days including Bank Holidays) and an employee works on a Bank Holiday, they must have a day off in lieu so that the total paid leave stays at 28 days per year. This is for employees who work five days per week.

What about pay? If an employee is entitled to the day off on a Bank Holiday, then they will be entitled to their normal rate of pay for this, in the same way as they would for any other holiday. Contrary to popular belief, for those working on a Bank Holiday, there is no entitlement to extra pay, unless the terms of the person?s contract state otherwise. However, if employees are normally paid extra for working a Bank Holiday that should apply when additional public holiday days are announced too.

How about part-time employees?

Your obligation to part-time workers is governed by the Part-time Workers (Prevention of Less Favorable Treatment) Regulations 2000. This means that part-time workers are entitled to the same holidays as comparable full-time workers, but on a pro rata basis.

You must make sure that a part-time employee receives his or her pro rated entitlement if bank holidays are included in the employee’s statutory minimum holiday entitlement, or if you grant holiday that exceeds the statutory minimum to your full-time workers.

Because most bank holidays fall on a Monday or Friday, part-time employees who do not work on these days could be entitled to proportionately fewer days off compared with full-time employees.

To avoid a complaint of less favorable many employers provide part-time employees with a pro rated bank holiday entitlement. Te best option is to calculate pro rated bank holiday entitlement according to the number of hours that the part-time employee works, irrespective of whether or not he or she works on the days on which bank holidays fall.

We’re building up a bank of answers to questions we’re frequently asked. Click here to see the questions and answers on our website. If you have a question that you’d like us to answer, email us or give us a call in confidence.