January 2014 brought Transfer of Undertaking (TUPE) changes to the rules allowing for ‘fair’ dismissals in genuine location/place of work redundancies situations following appropriate consultation, it also addressed the ability to make changes to terms and conditions, and extended the period to provide employee liability information.

April 2014 saw early conciliation by ACAS in employment tribunal claims introduced from 6 April 2014 with these becoming compulsory from 6 May 2014.

Also the cap on the compensatory award was increased to £76,574 and that of a week’s pay to £464.

Discrimination questionnaires were scrapped in April 2014 although potential claimants are still able to make requests for information and statistics from their employers, and it is still possible for a Tribunal to take answers into account when determining claims.

April 2014 additionally had the normal SSP/SMP/SPP/SAP (Sick pay/maternity pay/paternity pay/Statutory Adoption pay) increases to £87.55 per week (up from £86.70) and £138.18 per week (up from £136.78).

June 2014 allowed all staff with 26 weeks employment to be able to request to work flexibly. It was no longer the sole bastion of parents and carers. And Employers only had to consider such requests in a “reasonable” manner rather than follow the complicated previous statutory procedure.

October 2014 saw five key changes

1. Expectant fathers, or the partner of a pregnant woman, became entitled to take unpaid time off work to attend antenatal appointments with their partner on up to two occasions.
2. Employment tribunals gained power to order employers to carry out equal pay audits where they have been found to have breached equal pay law, or to have discriminated because of sex in non-contractual pay.
3. The National Minimum Wage hourly rates increased

• The Adult hourly rate to £6.50
• For 18 – 20 year olds the hourly rate to £5.13
• For apprentices the hourly rate to £2.73

• For the under 18 year olds the hourly rate to £3.79

4. The Defence Reform Act 2014, amended S.108 of the Employment Rights Act 1996 to add another so called ‘protected’ characteristic that does not require the minimum qualifying period of employment to be able to bring a claim of unfair dismissal; this being if the reason is the employee’s membership of a reserve force.
5. A new Health and Work Service was introduced, offering free occupational health assistance to employees, employers and GPs, including an independent assessment of employees who have been off sick for four weeks.

So what does 2015 have in store?

In April there are planned changes to family leave as follows:

• Parental leave:the age limit of the child will increase from 5 years to 18 years.
• Maternity/adoption leave:other than the compulsory maternity leave, may in future be shared and taken as “Shared Parental Leave”.
• Adoption appointments:a new right for sole/primary adopters to take paid leave to attend up to five adoption appointments and for secondary adopters to take unpaid leave to attend two such appointments.

• Additional statutory paternity leave: will be abolished.

Also during 2015 The Small Business, Enterprise and Employment Bill will be introduced which will bring together and update a number of small but important employment law changes such as introducing a ban on exclusivity clauses in zero hours contracts, increasing the fines for NMW breaches per employee, limiting the number of applications allowed to postpone employment tribunal hearings and extra penalties for employers who don’t pay tribunal awards. It will also require certain ‘prescribed’ persons to report annually on the whistleblowing disclosures they receive whilst separately increase funding to achieve a target of 2 million apprentices in 2015 and finally requiring redundant public sector employees who then return to work in the public sector soon after leaving their original jobs to repay all or some of their termination payment.

So do you feel you have kept up with the changes so far or did they mostly pass you by? I don’t expect this rate of change to let up and expect 2015 to continue to bring more changes, that we haven’t even had signed posted yet, to come to fruition. I would have to say (excitedly) it looks likely to be an interesting year for all HR and employment law practitioners.

For more help and advice about HR issues or employee development contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

Image: Concept of employment law via Shutterstock

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That was the year that was in employment law terms 2014

My guess is that their previous experiences have been so dreadful they daren’t use an agency again! I aim to share a few top tips of how to get the best from the agency you choose as a follow on to my first and second parts in the series of Top Tips for successful recruitment – part one link here and part two link here.

So Agencies – If you are going to use an agency then do it properly!

Choose carefully – You need to know the person you are dealing with understands you, your business and the job they are recruiting for. Give them the opportunity to demonstrate this. Meet them. They should make recruitment a painless process. As Monster.co.uk says there are some key questions you need to ask before deciding which agency to use. There is no right answer to many of the questions, it depends what’s right for your business.

• Has the agency recruited for similar positions before?
• Do you need a specialist agency or will a general ‘high street’ one suffice?
• What are the credentials of the consultants that will handle your account?
• Can they supply testimonials from previous clients?
• Do they comply with recruitment industry standards?
• Does the agency have a clear pricing structure?
• How do their fees compare with the industry average?
• What background checks will the agency perform on candidates
• What role will you be expected to pay in the process
• How much contact will you receive from the agency?

Let them do their job – You will get the best service if, once you have chosen your consultant, you let them do the job. Don’t be tempted to use lots of different agencies either; agree the terms and agree what you get in that service, including timescales from the one you selected. That commitment from you will gain better commitment from them. Recruitment agencies in general work on a ‘no recruitment, no fee’ basis. By using lots of other agencies you are just making it less likely that they be successful and therefore their commitment to finding you the best lower as their time could be for nothing. There are very few industries who work for nothing!

Make sure they have done their job! – I would expect them to have done at least a first interview with each applicant prior to submitting their CV, not just run an advert and forward the response, or as one agency did with a client of mine – trawl the job sites, download a CV for someone looking for a job and send that through to claim a £4.5k fee! No -if I am paying for a service I want to have that expertise and service!

Make sure they add value – If you chose the right one then they should have skills that you don’t so use these properly. For instance get them to help with the interview process, or ask them to indicate why they have selected that person against another; it is in their best interest for you to get the right person for the job. What are they bringing to the process that you don’t have?

Work with them, not against them – Give the selected agency as much detail as possible on your requirements. This will help them select the right candidates and so provide you with a better service. As a minimum you should provide the following: job role, location, salary & benefits, job description/specification preferred start date and potential interview process. Then provide feedback for the CVs you have received and after any interviews; the more they know about what was good and what wasn’t the easier it is to find you someone. Don’t do as one manager I work with does as he hands back the CV with a ‘No’ on top. Get them to explain why that is a ‘no’ and share that with the agency. Listen to their advice, they will be the experts in the market (assuming you have chosen well) so if they advise you your expectations are unrealistic then move on quickly and be flexible for interviews etc – put yourself in the job seekers shoes again.

Read the Ts & Cs – Take care to understand the fees and rebates. Many will insist the invoice is paid very promptly and may well not include a guarantee period for candidates who have worked on a temporary basis first. Most will offer a free replacement if something goes wrong (other than redundancy) but it will only be for about three months so make sure you manage the probation period carefully.

Barter – I have yet to come across an agency that is not prepared to negotiate on fees (ok just the one that wasn’t). Just because it states 18% (or whatever), doesn’t mean it is 18%. It’s always worth a try. If you plan to use them frequently consider setting up a preferred supplier arrangement. This offers various benefits in service and/or price, in return for a commitment of business. Remember too that the cheapest is not necessarily the best; consider the overall service/package on offer.

I hope that helps your path through the minefield that is recruitment agencies. I’m now expecting a barrage of comments from my recruitment colleagues – be gentle with me J

For more help and advice about recruitment contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

Image: Concept of recruitment via Shutterstock

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Top Tips for successful recruitment part three

My aim in this the second of a three part series of articles is to give some bullet points and some practical guidance to help make your recruitment more successful.

In the first top tips for successful recruitment I looked at the advertisement itself and then how you shortlist. The next stage is the interview and offer stage. There is no point taking such care and attention getting the advertisement correct only to blow it when you meet with the candidates and attempt to make them an offer they can’t refuse.

Interviews

1. Give the candidate a chance – The interview should be a forum for the applicant to show you what they are capable of and their potential. Trying to trip people up and see how they “think on their feet” or deal with a ridiculous question like “if you were a fruit what fruit would you be” will only play into the hands of those either natural performers or seasoned interviewees (neither of which you necessarily want). I can recall a sales colleague of mine being given a pencil and asked how she would sell more; she snapped it in two and said ‘you need another pencil’. Clever and quick but what did that actually show about her ability to charm clients, the number of times she achieved sales person of the month or her ability to achieve targets? Exactly!
2. Keep it uniform and consistent – Manage the interviewees expectations, let them know what to expect, have a structure and stick to it. How can you compare applicants if you have completely different conversations with each applicant?
3. Don’t rely on gut instinct – Whilst your gut reaction will always play a part in recruiting don’t let it take over. Sure the old adage of ‘you make your mind up in the first 60 seconds and spend the rest of the interview justifying it’ has some truth to it; but you need to make sure you assess skills against the requirements of the job. It’s the halo and horns effect; don’t just recruit people you like, who went to the same university as you or have the same interests/sense of humour/taste in shoes.
4. Sense check your questions & keep it legal – There will be lots of things you want to know about your prospective employee however you need to be careful as you don’t want to fall foul of asking anything that refers to any legally protected characteristics (Age, Nationality/Race, Martial/Civil status, Sexual orientation, Sex discrimination, Religious belief, Disability, Political affiliation, Trade union membership) No matter how much you want to! Your questions must be relevant to the job not someone’s personal circumstances. Use the questioning technique of ‘tell me a time when…’, or ‘how would you…’ to tease out the information you want. Often in the examples given, the interviewee will share some personal information anyway. That’s fine – it was their choice to share it, not you asking directly for it.
5. Let them talk – We have all experienced an interview which has gone along the lines of the interviewer telling the applicant all about the job and the company then asking if they have any questions. How about “tell me what you know about the company” or “what is your understanding of the job” These are questions to ask to find out if they have researched the role and company and truly understand what they have applied for. You can then fill in the gaps. Likewise resist the temptation to just read out the applicants CV to them, “talk me through your experience so far” is a much better way to find out about them.

Job Offer

1. Move fast – You’ve made up your mind so tell them as soon as possible. But if you haven’t don’t wait too long as in this more buoyant market the good ones get several offers and get snapped up very quickly. Make contact within a day or two maximum or risk losing them.
2. Always call first – Make that call, share how excited you are they are joining your team and you can gauge how excited they are too.
3. Follow it up in writing – Drop them the full details of the offer in an email or letter. This should include all elements of the offer: job title, base salary, benefits, holidays, potential start date, and who they will report to etc. Ask for evidence of their right to work too. I personally also make the offer subject to suitable references being received and a medical questionnaire being completed in a satisfactory manner. Then give them a deadline by which to reply and confirm acceptance. Three days to a week is normal.
4. Don’t be a wall flower if you sense hesitancy – If you sense any reluctance don’t be shy. This isn’t being asked out on a date, this is a serious job offer. Find out what their concerns/worries are, ask questions (without being pushy). ‘I completely understand you want some time to consider it, but can I ask your initial reaction?’ is a good place to start. See if you can overcome any objections or provide additional information that will help them make up their mind and make acceptance more likely.

Easy isn’t it when you know how? So do you use agencies? Let me help you in my next article on whether to choose to use one, and if you do help with that decision making process.

For more help and advice about recruitment contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

Image: Recruitment via Shutterstock

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Top Tips for successful recruitment part two

How hard is it these days to get the right candidate for the available job you have? There are so many ways to attract interest, and even then when you have their attention you fail to shortlist the right ones or treat them dreadfully in interview!

It is for this reason we regularly get asked for help with recruitment. The simplest rule of thumb in my opinion is to try and put yourself in the applicants shoes throughout the recruitment process – develop some empathy for the process and you will find it goes smoother. Failing that try the following instead:

Advertisements

1. Advertisements are your shop front. They need to attract the perfect candidate and entice them to want to apply for your job. They should, without going over the top, sell the job and company. Make your advertisement about the applicant not about you. An advert which is just a list of what you want the person to be like, and be able to do, just isn’t very appealing.
2. Be clear with what you want and why. You must have some pre requisites of who and what the ideal candidate must be and have. This gives you grounds to reject applicants you feel are unsuitable; just make sure they are legal grounds! However ensure you understand why you need them; justify them against the job role.
3. Keep it legal. Make sure your advertisement does not discriminate on the basis of any ‘protected characteristics’ – such as age, race, sex, disability, pregnancy and maternity, religion or belief, either directly ‘must be over 25’ or indirectly ‘recent graduate’ unless the requirement can be legally justified.
4. Make it simple to apply. A detailed application form in this fast electronic age will put people off applying. Whilst you do not want people to just apply for the sake of it you also do not want to put barriers in their way. Instead ask for an up to date CV and cover letter detailing why they are interested so they have to put some effort in and then apply on line for jobs.
5. Manage their expectations. Tell them when they can expect to hear and how, then stick to it. It makes you look professional.

Shortlisting

1. Avoid the assumptions. Whether you are shortlisting from agency CVs or your own advert don’t make assumptions about someone’s circumstances, motivation for applying or ambitions for the future, we are all different. For example we were recruiting for a physically challenging role within a warehouse and had the application from a 59 year old chap. Turns out he had been unemployed for some 6 months, and spent them down the gym. He told us he feared previous companies had rejected him as soon as they saw his age.
2. Look for reasons to see people. A well written, considered letter, an accurate CV, relevant transferrable skills go a long way, even if they don’t perfectly match your criteria.
3. Be consistent. Shortlist against the set criteria you used when creating your advertisement.       It was relevant then and remains relevant now! And stick to it; that will help avoid discrimination claims.
4. Put the ball in their court. It is very easy to apply on line for jobs these days and whilst you don’t want to put people off you also want to be able to get rid of timewasters so check out how serious people are. If you receive a large response, which is possible, then put in a telephone interview stage or a further assessment but make them ring you.
5. Be quick and always reply. It makes you look better than your competitors. Even if someone isn’t successful in obtaining employment they could be, or know, a prospective customer. Also the best people will go quickly so if you intend to run an advert make sure you have time to deal with the response.

Follow these tips and create a more professional and successful recruitment process.

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Top Tips for successful recruitment

So did you know that from 1 October 2014, if your employee is the spouse or civil partner of a pregnant woman, or the partner of a pregnant woman with whom they live in an ‘enduring family relationship’ or even ‘just’ the father of the expected baby (whether they live with the mother or not) they are entitled to take time off work to accompany the pregnant woman to an ante-natal appointment?
Now there are a few caveats to that –

• The appointment must be made on the advice of a registered medical practitioner, registered midwife or registered nurse
• It is limited to a maximum of two appointments
• The maximum time off during working hours for each appointment should be no longer than 6.5 hours
• And it’s unpaid time off

By hey that’s pretty forward thinking.

Yes the employee has to sign a declaration stating the above but that’s surely a small price to pay to share this moment. Interestingly the right also applies to the intended parent of a pregnant surrogate mother (assuming the employee is the potential applicant for a parental order).

Who said we were not a family friendly nation? It’s a small but positive step. Now don’t forget to update your policies to reflect this change.

For more help and advice about general time off, or family policies please feel free contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

Cat Macdonald FCIPD

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Do you allow time off to accompany a pregnant woman to ante-natal appointments?

February 2013 we saw the usual increase to the limits in employment tribunal awards and calculations. When calculating redundancy the weekly pay level rose from £430 to £450, and the maximum compensatory award for unfair dismissal rose from £72,300 to £74,200.

March 2013 saw unpaid parental leave increased to 18 weeks to comply with the European rules.

April 2013 had the normal SSP/SMP/SPP (Sick pay/maternity pay/paternity pay) increases from £85.85 to £86.70 and £135.45 to £136.78 respectfully.

June 2013 brought political beliefs and affiliations under the same banner as other protective characteristics and so didn’t need a qualifying period to raise a claim for unfair dismissal.

July 2013 saw the biggest changes with the introduction of tribunal fees for a claimant to raise a claim, unfair dismissal claims were now capped a the lesser of either £74,200 or a year’s pay, and compromise agreements saw an overhaul that has led them to being called ‘settlement’ agreements and the ability to discuss such gained protection under the new laws.

September 2013 introduced ‘employee shareholder’ status where those accepting employee shareholder contracts would agree to give up certain employment rights in return for company shares.

Finally October 2013 saw the abolition of the third party harassment provision of the equality Act 2012 which had previously made employers vicariously liable to third party harassment. The duty of care to employees however still remains. And the national minimum wage increased

• The Adult hourly rate to £6.31
• For 18 – 20 year olds the hourly rate to £5.03

• For the under 18 year olds the hourly rate to £3.72
• For apprentices the hourly rate to £2.68

So what does 2014 have in store?

January 2014 there are proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).  These would include changing the requirement to provide employee liability information 28 days prior to transfer rather than the 14 days currently, and allow TUPE consultations involving more than 20 redundancies to also satisfy the requirements for consultation on collective redundancies where the two can run.

April 2014 sees the introduction of mandatory ACAS conciliation requiring all potential claimants notifying ACAS before a claim can be issued in the Employment Tribunal. ACAS would then attempt conciliation for up to one calendar month which may be extended by two weeks if there is a reasonable chance of achieving a settlement.

From the Spring (no formal dates yet given) we can expect to see changes to the Equality Act, flexible working, and parental leave. And who can forget the Auto Enrollment requirements where employers with between 350 and 499 employees will be expected to comply and offer a qualifying pension scheme to their staff by the start of 2014. Employers with 58 or more employees will be affected by the start of 2015.

So do you feel you have embraced the changes so far or did they mostly pass you by?  I don’t expect this rate of change to let up and expect 2014 to bring more changes, that we haven’t even had signed posted yet, to come to fruition. I would have to say (excitedly) it looks likely to be an interesting year for all HR and employment law practitioners.

For more help and advice about HR issues or employee development contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

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That was the year that was in employment law terms 2013

In fact during my second pregnancy I was even promoted! Not many women can say that though, even in this day and age of equality.

So why worry about your staff if they get pregnant and take a chunk of time off away from your business Out of sight is out of mind right? Wrong. Yes I appreciate there is a huge recruitment pool out there with lots of people looking for work that you could just as easily bring in to replace the lady who is having the baby.  But are they the right calibre of person with the right skills, because after all you have often spent a lot of time, money and effort training your employee. Also it is estimated that the cost to a business of losing a professional woman is between three and five times her annual salary.  That’s not to be ignored easily now is it!?  Now that is not just the advertising costs or a recruitment agency fees, it is also your time, the time training, the loss of goodwill, potential loss of customer knowledge and possible damage to internal relationships, to name only some of the obvious.

So assuming you are progressively minded and convinced by the figures and comments above how can you better support and retain your maternity employees?  Through maternity coaching. It’s targeted support that is right for them before, during and after their maternity. As a consequence they feel better equipped to deal with the demands and challenges involved and it helps minimises disruption to the business and its customers.  Business coaching is widely used to great effect for other, some may argue less significant, periods of transition such as promotion. Why not then for maternity?

Consider this too – maternity coaching can significantly increase the return rate of your female workforce as they feel supported and valued and have a greater clarity and ability to prioritise when returning to the workplace. So why and how does it work?

Improved performance – Having clarity of goals in the run up to maternity leaves allows the employee to remain focussed and feel of value to the business right up to their finish date. On returning to work the same preparation, planning and clarity of objectives vastly increases the rate of return to optimum performance. It is the combination of practical and emotional support that coaching provides that helps facilitate this.

Proactive planning for covering the leave – The coaching process considers the cover of leave and facilitates a hand over of workload, knowledge, responsibilities and customer relationships in a timely manner to minimise the disruption.

Optimising keeping in touch options – Keeping in touch is difficult during a maternity leave with employers often nervous with regards how much they should be in touch. By working with a coach a happy medium is easily established with the means to maximise the effect of keep in touch days for both the individual and business.

Positive image, show yourself to be an employer of choice – Working mothers are a rapidly growing demographic. Employers who show a desire to support and nurture these people will be sought after by the most talented women around.

So given all this why wouldn’t you consider maternity coaching to support your staff? If you would like more information on this topic contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

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How can Maternity Coaching help?

To anyone else it would seem she had it all. But something was missing. She had a sinking feeling that meant she just didn’t feel right. Sound familiar? Now don’t get her wrong she isn’t greedy and certainly not ungrateful for what she had she just wanted something else.  After some failed soul searching, navel gazing and general sulking, she turned to the ear of a coach, someone who’d been recommended to her. This coach helped her realise that by breaking her life down into segments, and considering what was happening in each one, she could work out what was missing.

On doing this she realised it was her own personal development that was causing the frustrations.  She embarked on a post graduate course in business and personal coaching and went back to her coach to figure out how to make that her job as well.  Finally, they worked through a succession of small steps that would lead her there. By breaking things down like that, the ultimate goal of a new career was somehow much more achievable.

Six years later she has a PGCert in business and personal coaching, her own business, and overcome a million hurdles, with many more still to come which, as my business partner, we will work through together using her coaching techniques!

Working as a coach and trainer within our business she helps people within many client businesses work through similar scenarios to hers, but all with different solutions. She helps them recognise what the important thing is for them and for the business.

According to the CIPD (Chartered Institute for Personnel and Development) nine out of ten organisations use coaching, two out of three organisations use external coaches and 92 per cent judge coaching by external practitioners to be effective.  With coaching, you are provided with the means to work out your own answers to your own issues and a means by which to then achieve your dreams. How?

Here’s how:

Coaching changes in pattern in behaviour – with professional coaching you work towards changing or interrupting your unconscious ways, to deliberately look at what is happening and perhaps choose differently.

Focusing on a goal – By actually focusing on a goal and making that commitment to write it down research has shown you are already more likely to achieve it.

Clarity and definition is achieved – Coaching helps you to define what you want and how you are going to get there. Then once you have that clarity coaching can help keep your momentum.

Bite Size pieces – you can define what you want to do, then what you need to do and what will help you do it.  The coach is there to keep you on track along the way.

Accountability – the coach becomes your conscience as it becomes something that you have committed to doing to them.

Real-time feedback. The ongoing conversation and action plan allows for immediate feedback. New ideas or concerns can be quickly addressed and appropriate changes adopted to keep the momentum going.

Questioning – you will be challenged to think proactively. You will be asked ‘what do you want?’, ‘what stands in your way?’, and ‘how are you’re going to get there?’ for instance.

So have you that niggling desire to change? – Here is a quick coaching tool on how to start to explore some solutions:

1. Make a list of eight areas of your life which are currently, or have previously been important to you. For example: family, friends, career, finances, self-development, physical surroundings, social life, love life, health, holidays, me time.
2. For each area score your level of satisfaction out of 10 with 10 being perfect. Try not to worry about what you think you ought to be doing and concentrate on what you want. Be honest with yourself – which ones really matter?
3. Have a look at each score and articulate what that represents. Work out what 10 would be and work out what plus one would be. So, if you score four for career what would five be? Write them down, describe it in detail.
4. Now consider what you would need to do to achieve plus one. Remember small steps! You won’t get from a three to a 10 in one go.
5. Go and do it – plan the detail and set a date (soon) by which you will do it.
6. Go back and do your next step.

It’s often the small step that is hardest but with a great coach supporting you, you can make changes.

So are you serious about making a change but need some help with it? Contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

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Does coaching work?

But does he use those skills in the job that he does, or does he do exactly what she does? ‘They do the same thing’ comes the reply. So he has more skills and experience and he is rewarding him for it. Great I cry, or is it? It is really only valid to do that if the experience leads to doing more complicated work and so deemed ‘reasonable’ to pay him more. If in fact they do exactly the same then yikes I need to investigate further to ensure I protect my client’s company from a dreaded equal pay claim.

So what is an equal pay claim and why is equal pay an issue? According to a study by the Chartered Management Institute women on average take home 10% less in their pay packets than their male counterparts and the gap is widening if bonuses are taken into account; hardly fair if they are doing the same job surely?

ACAS states ‘employers must give men and women equal treatment in the terms and conditions of their employment contract if they are employed on:
• ‘like work’ – work that is the same or broadly similar
• work rated as equivalent under a job evaluation study i.e. given an equal score although may be completely different roles
• work found to be of equal value in terms of skill or ability, for example
A woman is employed on ‘like work’ with a man if her work is of the same or a broadly similar nature. It is for the employer to show that there is a genuine reason for any difference in pay, which is not based on the sex of an individual.’

So how do you know if you have any issues? Hopefully not by being issued with an ‘equal pay questions form’ by a disgruntled employee to obtain information from you to find out whether they have a case, or through your on-site trade union raising a complaint. Instead you could be more proactive and undertake an audit of all your staff by calculating the average pay of all the woman in your company versus the average pay of all your men. If that shows a huge discrepancy you may wish to then drill down further by comparing the specific job titles and roles. Where there is a difference you need to be able to identify and justify why. This however merely identifies an issue, it doesn’t address it. I will come back to that point at the end.

So how can you ‘justify’ a difference if you find one, if justification is needed rather than correction? There is something called ‘the material difference defence’. This is where men and women ARE being paid differently for the same or similar work, and the reason is due to a ‘material factor’ and this material factor does not itself contain any element of sex discrimination. So what counts as a ‘material difference’?
• Location – such as giving more money due to London weighting, where you recognise it is more expensive to live somewhere and pay accordingly.
• Experience – as I said at the start it is only valid if that difference in experience is actually meaning they do more complicated work.
• Red circling – where you may have moved an employee through a restructure and agreed to maintain their previous rate of pay and not increase it until those doing the same work catch up
• Differences in overtime and shift pay, with some jobs attracting higher rates,
• Some jobs being paid commission or some receiving bonuses but others not
So what do you do if you find differences in men and women’s rate of pay?
• Identify if the reasons are ‘sound’ and justifiable’ and if so make a note of them for future reference
• Deal with the differences immediately, or at least put a plan in place to demonstrate how you are addressing it if the cost is too prohibitive to do in one go
• Ensure good practice implementation of such things as part time working and flexible working to ensure discrepancies do not creep in
• Build awareness in the business to help combat inequalities between the sexes.
And remember this isn’t a one off issue, inequalities can creep in at any time so keep a watch, undertake your informal audit every few years or so, and address any issues as soon as you find them.

For more help and advice about equal pay issues feel free to contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

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Equal pay nightmares or justifiable differences?

One chap following a back injury cannot work in confined spaces, another has had issues with the movement of their wrists and so cannot pack product, and another has Crohn’s disease and so struggles to work away from an office.

More often than not the manager involved tells me they need to make the person redundant as they can’t do their job anymore. But actually it’s not that simple. Firstly because the role isn’t redundant; it’s the individual who can’t do the role anymore so it’s not actually a redundancy situation, and secondly if the individual is classed in law as being ‘disabled’ the company is required under the Equality Act 2010 to make so called ‘reasonable adjustments’.  Sadly that’s as helpful as the act gets as it’s only through case law that we are learning what that actually means.

So here are a few pointers and things to consider should this situation occur in your business.

Defining a reasonable adjustment – the key issue here is what is reasonable to expect an employer to do, be that in terms of costs to implement, impact on others, how practical it would be, the ability to retrain, or the opportunity to change a job role. Now let’s be clear it’s not insisting that you create a brand new job, it’s asking you to consider what changes could be made.  The size of the company and the resources available also play a big part; a larger company with a number of roles and opportunities will be expected to do more, where as a small company would have a lesser expectation placed on it. This shows clearly what may be reasonable in one situation may not be reasonable in another.  It’s all about considering the facts and circumstances at that time.

Defining a disability – an employee may be classed as having a disability under the Equality Act if they have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on their ability to do normal daily activities. ‘Substantial’ is obviously more than minor or trivial – e.g. it takes much longer than it usually would to complete a daily task like getting dressed or brushing their teeth, and ‘long-term’ means 12 months or more – e.g. a breathing condition that develops as a result of a lung infection, or a progressive condition that gets worse, such as multiple sclerosis.  There are a few exceptions to the ‘length’ qualification – the day an employee is diagnosed with cancer or is advised they have an HIV infection they are defined as having a disability.  Being an alcoholic is not a disability, nor is having asthma ordinarily.  But please note I am not a medical specialist, each case must be considered on its own merits, and often with medical practitioners involvement.

So what can you actually do? There are three requirements of the duty to make adjustments as follows, with examples –

1.      Changing the way things are done

• Modifying procedures
• Providing information in an accessible format
• Allocating part of the disabled employees duties to another person
• Altering hours of work
• Transferring to an existing vacancy (where they have the skills or can be trained)
• Adjusting a redundancy selection criteria so someone who takes short periods of absence because of their condition is not penalised

2.      Making changes to overcome physical barriers in the workplace.  This includes: staircases, kerbs, floor surfaces and paving, car parks, entrances and exits (including emergency escape routes), doors and gates, toilets, lighting and ventilation, lifts, escalators and furniture.

• Widening doors
• providing a ramp for access
• changing size or height of desks
• assigning the employee to a different place to work – be that building, office or location

3.      Providing extra equipment or getting someone to do something to assist the disabled person

• so for someone who loses their sight may be providing computer equipment and/or braille readers
• Larger screens for a visually impaired person
• Adapted keyboard for someone with arthritis
• employing someone else to assist the disabled person (this is often funded by government bodies or charities) such as a reader, a sign language interpreter or a support worker.
• Providing additional training or mentoring

It’s all a question though of what, as an employer you are able to do, can do without a huge detrimental impact on the company and at a reasonable cost. Many of the adjustments you can make will not be particularly expensive, and remember you are not required to do more than what is ‘reasonable’ for you to do, and yes it is advisable to discuss any adjustments with the disabled worker, to ensure they are effective.

However, if you do nothing, and your disabled employee can show that there were things that you should have identified and reasonable adjustments you could have made, they can bring a claim against you in the Employment Tribunal, and you may be ordered to pay them compensation as well as make those changes.

In the cases quoted at the start the chap with the back injury had the requirements to go into confined spaces removed from his role, the person with the sore wrists now rotates through the various different tasks to ensure they vary their work and reduce the risk of repetitive strain, and the chap with Crohns still goes out and about but with a list of local supermarkets and public conveniences should he have a requirement. See – all easy things to do and not costly, and keep my clients out of legal bother.

For more help and advice about disability employment issues contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

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So what’s’ reasonable’ when considering the duty to make reasonable adjustments?

Now that was an easy one to answer when I worked for British Rail (as it was then) as everyone in a ‘safety critical role’ could be, and would be, randomly tested for the presence of either. You could be called at any time, at short notice to produce a urine sample and yes even I had the call as I held various safety certificates to allow me to go ‘track side’ to meet with staff.

However for the rest of the companies I have worked with, and for, that answer is not so easy.

So can you? – If you have a policy in place that states you will test, and that is made known to your staff then yes you can test with their knowledge. Make sure you get their signed consent to it beforehand and that you are testing with their full knowledge as to do otherwise could bring you criminal assault charges! You can do pre-employment tests, post incident, or random tests so long as you clearly state when you will do them and why.

Who can you test? – But even with a policy you need to limit the testing to those who actually need to be tested i.e. the aforementioned safety critical roles, or those driving, or operating machinery.  If you wish to test a single employee as you believe them to be ‘under the influence’ remember you need to have good reason to do so, for example ‘will they harm themselves or others they are working with if you did not stop and check they are clear’?

Who can do the testing? – Even with their knowledge you need to ensure whoever is undertaking the test has had the appropriate training. Now that may someone who has had a full briefing as to how to work the equipment and all the procedures that go with it, or they could be an external provider of such services such as a medical practitioner. There are no hard and fast rules.

What do you do with the results? – Firstly remember the results themselves come under the definition of personal sensitive data and must be treated as such under the Data Protection Act, only allowing those who need to know see sight of them. They must also be stored appropriately and the employee told who will have access.

How to interpret the results? – Alcohol has a more definitive result – you either have it present in your system or you don’t and the guidelines as to what counts as ‘under the influence’ are clear. With drugs it’s not as easy as drug testing will not tell you whether a person is either under the influence of a drug. It will simply tell you whether the metabolites of a drug are present.  Yes, the presence of drugs can be detected in urine, for most drugs, for up to three or four days after use, and in the case of some drugs they can be detected for up to 30 days, especially after heavy use but the results will not tell you what the level of impairment is so should be treated with caution.

Interpreting the results – Just because your employee tests positive please don’t think you can just ‘sack them’, you need to consider what is the ‘appropriate action’ to take. If a positive result is a criminal offence, such as for driving you may be justified in considering dismissal but don’t just assume so, it depends on all the circumstances of the case. Remember in all cases to follow the proper and full disciplinary processes – investigation, hearing, right of accompaniment, appeal etc.

What if the employee refuses? – Employees can’t be made to take a test but if they refuse when the employer has good grounds for testing, they may face disciplinary action. You need to consider why they are refusing and again follow a full investigation process to try and determine the facts.

Finally what if the employee states they have an addiction? – In ‘corporate world’ I had a chap come and declare he was an alcoholic during a disciplinary investigation into some shoddy work. This kicked in a very different process; one of advice and guidance, and ultimately support to try and help him with his addiction.  Reasonable adjustments were made and he made real efforts to stop drinking and achieved it. Had he not though at some stage we would have had to take a firmer line and address the issue another harder way. Before taking action in such cases it’s best to get medical advice and remember that although being an alcoholic may not be classed as having a disability, any impairment the employee may have as a result of such an addiction, such as sclerosis of the liver, may be a disability.

So remember the Information Commissioners good advice when considering whether to test or not as their Code’s good practice recommendations say:

• Only use drug or alcohol testing where it provides significantly better evidence of impairment than other less intrusive means.
• Use the least intrusive forms of testing practicable to deliver the benefits to the business that the testing is intended to bring.
• Tell workers what drugs they are being tested for.
• Base any testing on reliable scientific evidence of the effect of particular substances on workers.
• Limit testing to those substances and the extent of exposure that will have a significant bearing on the purpose(s) for which the testing is conducted.

For more help and advice about such delicate HR matters contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

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Alcohol and Drugs – to test or not to test?

Each has its own unique circumstances and requirements but fundamentally all need handling in the same way.

Much as with disciplinary situations, there is guidance in the form of the ACAS Code of Practice on Disciplinary and Grievance Procedures which sets out what a fair procedure should include Acas Guide on discipline and grievances at work

What I want to share with you here are some things to consider as a manager in this situation – call it my ‘watch outs’ in a grievance process.

Follow the five step process

1.      The employee should let you know the nature of the grievance – this should be in writing and without unreasonable delay setting out the nature of the grievance.

2.      Hold a meeting with the employee to discuss the grievance – this is a formal meeting to allow the employee to explain their grievance and how they think it should be resolved. You should also give consideration to adjourning the meeting for any investigation that may be necessary.

3.      Allow the employee to be accompanied at the meeting – the employee is allowed to be accompanied at the meeting (and at any appeal meeting) by a fellow employee, a trade union representative or an official employed by a trade union.

4.      Decide on appropriate action – decide on what action, if any, is to be taken and advise the employee in writing.  Don’t forget to give them the right of appeal

5.      Appeal – likewise with the original complain the appeal need to be in writing with clear reasons (grounds) why they are appealing.  Don’t forget the appeal should be dealt with impartially and wherever possible by a manager who has not previously been involved in the case. The outcome of the appeal should be given to the employee in writing.

Easy right? Wrong! Given emotions are often high, anecdotes become facts and human frailty/nature comes into play.  So here’s my next watch outs

2.      The employee goes sick or is sick when they raise the issue

Where the employee is unable to attend the grievance meeting for health reasons, consider alternative ways to deal with the issues. Maybe hold the grievance meeting on neutral territory or at the employee’s home or even consider holding the meeting by telephone. I would allow them to submit a more detailed written grievance statement detailing ALL the issues and witnesses. One final thing may be to allow the employee to send along a representative to act on their behalf. But tread carefully. It may also be useful to get a medical report from their GP confirming they are fit to attend a short meeting with you. 

3.      The employee raises a grievance during a disciplinary process

This has happened way too often in my experience and frequently when they are suspended on full pay pending the disciplinary hearing being arranged. Call me a cynic, but are they just trying to delay the inevitable? Or have they genuine cause for concern? That’s up to you to discover during investigations.  However, the disciplinary process should be temporarily suspended in order to deal with the grievance.  Where the two issues are related though, it may be appropriate to deal with them concurrently.

4.      The employee brings a companion who is actually a witness to the events

I would always ask the employee to advise you who they are bringing to the meeting in advance, that way you can consider if that person is suitable. You could suggest they bring an alternative person if their presence may prejudice natural ‘justice’ but be careful of that as it may be found at a later date in a tribunal to have been unfair, so consider it carefull 

5.      The grievance is about bullying, discrimination, harassment or whistle-blowing

Bear in mind these are highly sensitive issues and you may elect to use an alternative process if the company has such separate procedures for dealing with these issues. These could be a bullying and harassment procedure, a public interest disclosure procedure, or an equal opportunities discrimination procedure.

6.      More than one person has the issue

This is where a collective grievance and these grievances should be handled in accordance with the employer’s collective grievance process, if they have one, as the ACAS Code does not apply to collective grievances raised on behalf of two or more employees by a recognised trade union representative or other appropriate workplace representative.  If you don’t have a collective grievance process you could follow the basis of the five step process above and that should stand you in good stead if the matter gets taken further.

So have I opened your eyes, or just scared you?  The former I hope.  For more help and advice about grievance issues contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

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Grappling with grievance issues

You have managed to keep everyone informed, do everything you were asked while remaining legal and following procedure. The outcome has been given and the employee is not happy so has appealed.  You are on the home stretch; easy you think. Well yes and no. There are some significant mistakes that can still be made at this late stage especially in terms of impartiality of process as a recent Employment Appeals Tribunal (EAT) decision demonstrated. In this example Mr Blackburn worked for Aldi stores and raised a grievance. This was dealt with but Mr Blackburn wasn’t happy with the outcome so appealed. The problem was that the same chap who dealt with the original grievance also heard his appeal against the outcome of that process! Hardly impartial I’m sure you would agree but worse when the policy specifically stated a different manager should have been used who was impartial and ideally more senior than the original decision maker.

The employee resigned and claimed constructive dismissal for a breach of the implied term of trust and confidence that the company had allowed this to happen. The EAT agreed stating that the right to an impartial appeal was an important feature of the ACAS Code Acas Guide on discipline and grievances at work and in this case, the employer’s own grievance procedure.  The EAT also reminded the tribunal that ‘the employer must not, without reasonable and proper cause, conduct itself in a manner calculated and likely to destroy or seriously damage the relationship of trust and confidence between employer and employee’.

So, how can you ensure you don’t fall foul of this in an appeal? Again, here’s my guide on how to hold an appeal hearing; it’s easy as the same principles apply as for the disciplinary hearing:

1.      Appoint an appeals officer. As shown above, this must be an alternative company representative (wherever possible, one who has not previously been involved in the case) and ideally if there are sufficient levels one senior to the disciplinary officer.

2.      The appeals officer should ensure the employee has set out the grounds for their appeal in writing.

3.      Then, the appeals officer must invite the employee to the appeal hearing as soon as possible.  They must do it in writing, advising the date, time and place of meeting, confirming the statutory right of accompaniment by a colleague or trade union representative and ideally giving a minimum 1-3 days notice of the meeting dependant on complexities to allow the employee chance to prepare.

4.      The conduct of the appeal should be a matter for the appeals officer to consider, but they may call such witnesses and consider any documents as they feel appropriate. Additionally, the appeal may be adjourned to conduct any further inquiries that the appeals officer believes are necessary.

5.      At the completion of the appeal process, a decision should be given in writing as soon as reasonably practicable. If there is going to be a delay, the employee should be informed.

6.      At the outcome of the appeal hearing, the original disciplinary sanction may be confirmed, overturned, increased or reduced to another stage.  In the case of a gross misconduct dismissal, the dismissal should take immediate effect from the date when the decision to dismiss was intimated to the employee.  If the dismissal was overturned on appeal, the employee would be reinstated with effect from the date of the original disciplinary decision.

And finally… it’s important to note for all involved that the appeal decision will be final and there will be no further right of appeal.  So there you have it – a series of short ‘how to’ guides for disciplinary matters. Do you feel better able to conduct these important meetings now? I do hope so.

For more help and advice about disciplinary issues contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

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How to hold a Disciplinary Appeal

In my last column, I shared the best practice way to undertake a disciplinary investigation.

It was for when you get that call that your employee is alleged to have done something and you need to find out if, where, what and when.

This time I want to share how to actually conduct the disciplinary hearing itself.

Again, I would draw your attention to the ACAS Code of Practice on Disciplinary and Grievance Procedures which sets out the requirements for a fair disciplinary procedure Acas Guide on discipline and grievances at work and remind you that failure to follow this code can make an otherwise fair dismissal unfair and even increase any award at tribunal if the tribunal considers it is ‘just and equitable in all the circumstances to do so.’

So, what do you actually need to do and say within a disciplinary hearing?

Here’s my step by step guide

1.      The disciplining officer is appointed. They must be someone who has had no involvement in the incident so far. The investigating officer hands over to them their report of the investigation and their recommendations.

2.      A letter is sent to the employee to invite them to the hearing.  This letter will:

• Provide the employee with full details of the allegations made
• Provide copies of relevant statements and paperwork
• Advise the date, time and place of meeting
• Advise statutory right of accompaniment – colleague or trade union representative.
• Give a minimum 1-3 days’ notice of the meeting dependant on complexities to allow the employee chance to prepare
• Say who else will be present at the hearing.
• State possible outcomes if disciplinary action is taken.
• State how the employee should contact the disciplinary manager to confirm attendance and whether or not they will be bringing a companion with them.

3.      The disciplinary officer should prepare questions in advance of the hearing and ensure that they have a complete pack of all the notes and letters related to the investigation. They should also review the file of the employee to see if there are any live cautions on file for similar types of incidents

4.      At the hearing itself, the disciplinary officer should welcome and introduce all parties and their roles within the meeting (if the employee brings a companion, please see guidance at the end) then proceed as indicated below

• If the employee does not have a companion with them, the disciplinary officer should ask them if they are happy to proceed without and this should be documented within the minutes.
• Read the allegation out exactly as it appears on the letter of invitation to the hearing and explain that they are here to discuss the allegation; listen to the employee’s response and decide what, if any action under the Company’s Disciplinary Policy is appropriate.
• Ask the employee if there are any accounts/statements included in the invitation pack that they disagree with. If there are, ask why they disagree.
• Ask the employee to recall in their own words what happened on the day
• Explain the seriousness of their alleged behaviour (safety, legal, etc.) and ask if they understand.
• If there is a history of similar behaviour, ask why there has been a repeat/failure to maintain expected behaviour.
• Ask the employee if they have any mitigating circumstances for their alleged behaviour that they would like taken into consideration.
• Ask if the employee has any final comments before the disciplinary officer adjourns to make their decision.
• Explain that the meeting will adjourn in order for the disciplining manager to make their decision.
• Adjourn the meeting and note the time of adjournment.

5.      The hearing must be conducted in good faith, having regard to the principles of natural justice i.e. the outcome must not be prejudged or biased

6.      Where there is no action to be taken this will be explained to the employee and this followed up in writing.

Note – If the employee is being accompanied it must be an individual who is either a fellow employee, a trade union representative or an official employed by a trade union. The companion is permitted to put the employee’s case, sum up that case, respond on the employee’s behalf to any view expressed at the hearing and to confer with the employee during the hearing.  However, the companion has no right to answer questions on the employee’s behalf, nor to address the hearing if the employee indicates at it that he or she does not wish the companion to do so.  If the companion is not available at the original date you should rearrange to another time that falls within a period of five working days of the original date

7.      Where there is a disciplinary sanction to be given, the disciplinary officer should decide upon appropriate sanction (after an adjournment to consider the facts). Sanctions include a Written Warning (normally 6 to 12 months validity), a Final Written Warning (normally 12 months validity) or dismissal (with or without notice depending if gross misconduct or not). Demotion and loss of pay may also be considered.  This will be confirmed in writing.

8.      Finally the employee must be advised of their right of appeal against the decision and how that must be done (Five working days from receipt of the outcome letter for instance).

So that’s the hearing, what happens if they appeal? Come back next time to find out.

For more help and advice about disciplinary issues contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

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How to conduct a formal disciplinary hearing

Then I get the ‘how do I do that?’ and I reach for my management guide and email it through. It’s calls like this which promoted me to share with you how to undertake a disciplinary hearing, how to conduct a disciplinary hearing and how to do an appeal.

The golden rule when thinking of doing an investigation is that a fair procedure should always be followed. The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out what a fair disciplinary procedure should include and what warnings system should be followed. Acas Guide on discipline and grievances at work

A failure to follow the procedure outlined in the Code can make an otherwise fair dismissal unfair. And let’s also not forget that, in addition, if either party has unreasonably failed to comply with any of the provisions of the Code, any Employment Tribunal hearing the aftermath has the discretion to adjust any award by up to 25 per cent (depending on which party was at fault). However, thankfully the tribunal will only make an increase or a reduction to any award if it considers it is ‘just and equitable in all the circumstances to do so’.

So how do you ensure any allegations are thoroughly and properly investigated?

Here’s my step by step guide:

1.      Incident in breach of the Disciplinary Policy is reported/observed and raised.  An investigating officer is appointed – where possible by someone other than the disciplining officer and someone not involved in the alleged incident.

2.      The investigating officer takes a witness statement from the person who raised the issue. This should include date of the incident, time of the incident, location of the incident, exact nature/details of the incident as they recall, names of any other people who may have witnessed the incident. This should be without unreasonable delay, before recollections fade. The statements should be typed up and witnesses asked to check, sign and date them; giving them opportunity to make any necessary amendments to ensure accuracy.

3.      It may be appropriate to meet with the employee themselves – please note there is no statutory right to be accompanied at an investigation meeting, nor a requirement to give notice of the meeting to the employee. At this meeting, explain the meeting is only an investigatory one and not part of the formal disciplinary process. Then they should be asked if they are aware of the company rules regarding the alleged breach, to explain what happened, provide any witness details and make any comments. Again these should be noted in writing and a copy sent to the employee after the meeting for verification/amendment.

Note – If the employee refers to other employee breaches in behaviour as is often the way (‘So and So did it so I didn’t think there was a problem’ etc, etc) thank them for the information, make a note of it and continue with the current investigation.

4.    The investigating officer then must decide if there is a disciplinary case to answer and if the allegation is potentially gross misconduct. If it is a gross misconduct matter (i.e. something so great as to potentially terminate the contract summarily) this could mean that suspension is required to facilitate the remainder of the investigation.  This period of suspension should be on full pay, it should be for as brief a period as possible and should be kept under review and it should be made clear that suspension is not considered as disciplinary action.

5.      If there is a case to answer: your employee should be told that you are forwarding the case to a disciplinary hearing, that they will receive written notice and copies of all the investigation notes, and if the allegation is potentially gross misconduct, the employee may be suspended at this point. The investigating officer should prepare a pack of all documentation and a summary of the investigation with their recommendations for the manager conducting the disciplinary hearing. Remember the manager conducting the disciplinary should not have had any involvement whatsoever in the investigation to ensure objectivity.

6.      If there is not a case to answer: you should tell your employee that you are satisfied with their explanation of events and that you have decided not to proceed with formal disciplinary proceedings.

So do you feel better able to handle an investigation?  Next the formal meeting – come back for my guide.

For more help and advice about disciplinary issues contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

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How to undertake a Disciplinary Investigation

My business partner and I have been working through some management development training ideas for an open course that we are running shortly and one thing we keep coming back to is the need to address and support the lack of planning by managers today.  We are (smug) business owners who actually have put time aside every Thursday evening to sit down together, review the past week and plan for the next. It’s not an onerous task, takes 30 minutes usually, and is often oiled by a wee glass of wine but boy oh boy do we benefit from it.

So do other like-minded business owners fail to plan because they can’t be bothered, they claim to have no time, they do make a plan but never write it down or because they are so focused on the task at hand they forget there are steps and milestones to getting there?

Imagine if you will for a moment treating your summer holiday (Task) in the same manner. You throw a load of random things into a suitcase; you load that into the car and drive off? But is the car the right way to get there? (Systems) Have you your swimsuit, or coat even? (Equipment/Resources) Do you know where you are going? (Direction) or how long it will take? (Timing) Do you need your passport (Instruction), and do you have enough money to get there? (Financials). You’re starting to get the picture now.

You don’t know what you are trying to do, where you are going or how to get there. You got too impatient and just jumped in. Great if you are a thrill seeker and beholden only to yourself; less so if you are a managing director of a company or this is your operations manager we are talking about.

Brian Tracy’s book Eat that Frog – Get more of the important things done today! talks about time management and planning being taking control of a sequence of events. He comments that although it may take a tremendous energy to overcome the initial inertia and get going, it takes far less to keep it going – as I would attest as our weekly planning meetings are habit now and just ‘happen’.

He also has some ‘rules’ to help focus you on the planning:

‒      Think on paper

‒      Resist the temptation to do the small things first

‒      Long term thinking improves short term decisions making

‒      Future intent influences and often determines present actions

‒      Your weakest key result area sets the height  at which you can use all your other skills and abilities

‒      There will never be enough time to do everything you have to do

‒      Continuous learning is the minimum requirement for success in any field

‒      You can get your time and your life under control only to the degree to which you discontinue lower value activities

And this is supported by a 7 step process

• Decide exactly what you want (Task)
• Write it down (System and/or Instruction)
• Set a deadline (Timing)
• Make a list of everything needed to achieve it (Equipment and Resources)
• Organise that list into a plan (Direction)
• Take action immediately
• Resolve to do one thing at least on that plan every day

So you see you have the start of a plan here already! Now I would just like to add one other tool here to help when making your list, and to keep your focus – ABCDE it. Divide the list into the following actions and then act accordingly on them.

A=Must do

B=Should do

C=Nice to do

D=Delegate it

E=Eliminate it

Ensure what you are doing is necessary and beneficial

So you can create an effective planning process to enable you to build a realistic business direction for the future and this in turn will greatly improve your chances of success.

For more help and advice about HR issues or support with your people strategy planning contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

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Failing to plan?

A shiny new employee all eager to please, excited about the opportunity and a breath of much needed fresh air in the department of engineers he will be joining. Now, it’s some years since I’ve been able to do this; with the recession employers switched off to this risk. It was a headcount that they could not afford, or they saw it as taking a ‘permanent’ employee’s place and did not want to, or could not see the bigger picture of the benefits.

Things have changed in the intervening years, so here is my update of what an apprentice could actually bring to your business and things to consider when making the decision to employee one.

So what can an apprentice bring? The apprenticeships’ website (link below) states apprenticeships deliver for businesses and help them grow by:

• Reducing training and recruitment costs
• Increasing productivity and your bottom line
• Developing a skilled, motivated and qualified workforce
• Improving customer service results
• Providing financial return on investment.

It goes on to say that more than 100,000 employers, in over 160,000 workplaces, currently use apprenticeships to attract new talent, re-skill existing staff and tackle skill shortages.

Additionally, there are financial incentives such as a one off £1,500 government grant to support their wage cost as a sweetener for a company which employs less than 1,000 members of staff, which has not taken on an apprentice in the last 12 months and is looking for an apprentice who is 16-24 years old. Also, dependent on age, their actual training costs will be part funded too.  Employers can apply for funding to cover these training costs and it is paid directly to the ‘learning provider’ in most cases (the company providing the training).

The amount depends on their sector and the age of the candidate:

• aged 16 to 18 – 100 per cent of cost paid
• aged 19 to 24 – 50 per cent of cost paid
• 25 years and older – employers may only get a contribution

They are very useful contributions to support the time and money that a company will put into this young person.

Find the right training provider

Contact your local college and see if they have a dedicated team for the recruitment and the support of apprenticeships. The training provider will play a critical role in the success of your apprenticeship. Make sure you interview them too – find out if they understand your requirements, if they care about their apprentices, and gain feedback from other local employers who have used them.  That way you will find out if you can work in a true partnership with them, your new recruitment and your company.

The training provider will help you deal with the necessary paperwork and will work alongside you, and your apprentice to develop the right training plan. You can search your local one here www.apprenticeships.org.uk

Find the right apprentice

I have witnessed the candidates in every guise from scruffy, surly, squeaky clean, suited and booted, to jeans and t-shirts with earrings galore in the interviews undertaken. It’s been quite an eye opener in fashion choices of the late teens I can tell you!  It’s also been extraordinarily frustrating as to what schools are doing in terms of preparing their students for the real world, but hey, that’s a whole other article. So, back to choosing the right candidate. It’s tough when they have little ‘life’ or work experience so it’s more about attitude and culture fit. Find out what they have bothered to find out about you and your company. How have they presented themselves and do they actually appear to want this opportunity? If they do then it’s on to …

Set the scene from interview onwards

Make sure you know what they are actually going to be doing and set the scene at interview with them. The apprentice this company has just taken on will be working a shift pattern alongside his colleagues. It’s a 6am start. It’s a bit of a shock to a young man who probably sees that coming home rather than on waking but we told him up front and he is prepared for that now. Also the company has clearly laid out what work and tasks they wish the apprentice to help with.

Also ensure you gave a formal induction, a proper introduction to the company, their colleagues and to the training scheme and training required. It’s all about setting expectations.

Finally remember they are actually an employee, albeit a fixed term one

Employment is a fundamental part of an apprenticeship. An apprentice must be employed in a job role with a productive purpose.  They are afforded all the employment rights of a permanent employee, with the exception of a permanent job – it is a training role, with no guarantee of employment at the end, although latest figures suggest that as much as 84 per cent of apprentices are retained by their employer upon completion.

So, I’m all for them – a great opportunity to deliver real returns to your bottom line, by helping to improve productivity and competitiveness. It’s a cost effective way to hire staff to fill any skills gaps with the latest technology and working practices behind them. The hidden benefit is actually the message it sends to your current staff, here you are bringing in an eager and flexible individual to the team; it demonstrates future proofing, and positive intent in a way nothing else can.

So, can you really afford not to consider recruiting an apprentice? For more help and advice about recruiting apprentices contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

Read more:
Apprentices – a waste of time or a wasted opportunity?

I wanted to remind you of the top 10 most important things that you should know before allowing your employees to book a holiday from an HR perspective.

1.      The minimum number of days holiday a full time employee is entitled to is 28 days. That is where the magic 5.6 weeks equates back to as mentioned in the law – they assume 5 working days x 5.6 weeks = 28 days, and yes that can include the normal eight bank holidays. Don’t be fooled though; I had an old employer I worked with who, when I arrived, their contract stated the employee was entitled to take ‘5.6 of your normal working weeks per annum starting from January each year’ – the employee in question worked 6 days a week, so this clause was quickly amended. Staff working 6 days a week are only entitled to 28 days’ paid holiday and not 33.6 days (5.6 multiplied by 6) – you have been warned.

2.      Part time employees are entitled to those 28 days on a pro-rata basis, according to the number of days that they work each week. You can pop in their contract that if a bank holiday falls on a day they would normally work (assuming its included in the 28 days) they must deduct that day from their prorate entitlement.

3.      But shift workers or those on irregular hours the calculation is somewhat more complicated, but the UK Government website has a great little calculator to help – here’s its link Calculate holiday entitlement – GOV.UK

4.      You can offer more generous holiday entitlements in your contract of employment, just remember to be explicit in their nature.

5.      You can refuse a holiday request, so long as you allow the employee to take that time at a later date in the holiday year. There is nothing more frustrating that your member of staff going to the travel agent on Saturday and coming in that Monday after asking for the holiday without checking your staffing levels can cope with their absence. This makes it extraordinarily hard to make that refusal though so I would suggest you ask employees to appropriate notice of any holiday request in the contract and state that failure to do so may lead to a refusal for the time off.

6.      An employee who becomes sick during a period in which they had planned to be on holiday may be entitled to ask for this holiday to be taken at another time. Likewise if they are sick while on holiday European case law suggests that they are entitled to carry this over to the next holiday year if they are unable to plan it within the current holiday year. This is still not entirely clear in the UK so tread carefully Employees on long term sick leave in the UK are entitled to take and be paid for accrued annual leave during their time on sick leave. Why? Well look at 7, below

7.      If your employee is absent from work on long term sick leave their right to holidays will still accrue, as they do during any periods of maternity leave.

8.      Decide whether you will allow holiday to be carried over from one year to the next and if so how many days. In most cases if an employee does not take their full holiday entitlement during the holiday year there is no obligation, unless their contract of employment says so, for you to allow them to carry it over into the next holiday year.

9.      And yes if business needs require it you can stipulate that your employees take some of their holidays at a particular time – here’s an example clause I have seen

‘Due to the needs of the organisation and to ensure business continuity holidays must be in taken in the following way – one week should be taken between January and March, two weeks should be taken between April and September, and one week should be taken between October and December. Your final week can be taken at any time during the year and can be split into single days if necessary’

10.     And finally don’t forget that if your employee leaves part way through the holiday year they are entitled to payment in lieu of any accrued and unused holidays during the relevant holiday year. Failure to pay it may lead you down the path of a breach of contract claim. The calculator link above is great to use to calculate this.

So, I hope I’ve helped dispel some myths, clarify some queries and helped you on the right holiday path.

If you would like some more holiday advice (I’m even happy to help decide where you should go on your break!) contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

Read more:
How to plan for harmonious holidays

They spout off about how dreadful the company is, how mean the management team is, what dreadful terms and conditions they have, and how they (or the union) have had to fight hard for everything they have, and go around spreading these words of joy and wisdom to everyone who they fall upon, regardless of whether they want to listen or not. Such hatred festers. It spreads and feeds on the fear created by this toxic person. And yet they don’t leave, they stay. They are often one of your longest serving employees and don’t actually ‘do’ anything wrong, so you can’t easily address the issue. Yet, you spend a disproportionate amount of your time dealing with them and the fall out! Frustrating isn’t it? So what can you do about it?

Well, let’s first try and spot them. You may recognise some of your colleagues or staff from the following list:
• the passive-aggressive
• the blunt/rude individual who directly and inappropriately questions authority
• the controller
• the slacker
• the anti-company voice
• the divide-and-conquer schemer
• the ‘them and us’ perpetrator

Contrary to popular belief, often a team can’t overcome these people. Will Felps, an associate professor of organization and personnel management at Rotterdam School of Management found that teams with such bad apples among them actually performed 30% to 40% worse than teams without these toxic types. They tried to overcome the issues, tried to work around them and tried to address them in the studies but, in the end, the bad apples acted in the same horrible and corrosive manner.

So how can we overcome and deal with such a HR headache?

Well you could do nothing. Ignore the situation and hope it will go away. But that’s hardly a hopeful course given Felps’ studies.

You could try an ‘intervention,’ as the Americans call it, – set behaviour standards, model them yourself, then monitor the standards closely and confront where they slip. In addition, don’t ignore the negative behaviour, you could and should deliberately place more emphasis on showcasing the positive and even rewarding such.

So, what if that bad apple is actually someone who delivers, who does what they need to do, just in a thoroughly obnoxious way? Then you can acknowledge the positive contributions your bad apple is making, but don’t be afraid to confront the behaviours that negatively affect others. Besides, who knows, after the confrontation the bad apple may realise that their annoying behaviours will limit progress within your organisation and change. They may be your best employee ever, change from that rotten apple to being your best apple ever suitable for big things like juice or cider!

In case all of the above fails, ensure your company’s performance management processes include behavioural standards, conduct as well as productivity and targets, and then performance/conduct manage them. They will either conform or leave. It does take time and can be exhausting, so are there any other alternatives?

Well, you can reject them. Some managers dread this most for fear of legal come back of costly tribunals and negative press. But the sign of a great leader is one who takes action, appropriate action at each stage. If you have coached, provided balanced feedback, helped the apple develop a plan for correction, discussed what they need to do and documented it at every step and still they fail to adapt, conform and support the organisation then you may have no choice but for the greater good of the apple barrel as a whole than to make apple sauce out of them. Do it legally, fairly and after following due process if all else fails.

So is it time for apple cider or apple sauce?

For more help and advice on such interesting HR matters contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

Read more:
How to stop the bad apples ruining the team

The Chartered Institute of Personnel and Development (CIPD) says the number of workers working on zero hour contracts is four times the official estimates; Vince Cable is demanding a review of them and the public gave an outcry when a load of people employed on them were not offered work at Alnwick Castle when a high society wedding came to town and took over the tourist attraction. So what is the fuss all about?

Basically the contract is such that there is no minimum guarantee of work, in fact no guarantee at all, no promise of pay if the work isn’t there and so the person on that contract has no means of planning, or preparing for when there is no work and no pay; a very uncertain and unpleasant situation for some if that is their main source of income.

So why would a company use them? Let’s have a look at a how to use them appropriately.

Does the company have seasonal work fluctuations?

If that’s a yes, then these may be just the ticket. Often a business can’t promise a set number of hours as demand varies so much. It may be that the weather affects the role you do e.g. fruit picking – if it rains you can’t pick the fruit – or you may work in a tourist attraction where the work changes from season to season, month to month, and again with the weather. Imagine the financial burden to an amusement park if it were to rain solidly for the summer and all the staff were on fixed hours and payment terms so a decrease was not easily achieved? Such contracts would be ideal to be able to ‘flex’ the numbers of hours needed and meet the requirements according to forecasts.

Does the company benefit from a pool of people to call from?

People on such contracts can be used as a pool which is ‘on-call’ and can be used when the need arises, often at a moment’s notice. The retail world like to have a large source of people to draw upon to ensure busy trading periods, Bank Holidays for instance are covered appropriately. Anyone who has stood in an unstaffed cue to pay in a shop on Bank Holiday Monday will attest to the benefits of that!

Generally, as an employer, there is no obligation to offer work to these workers but often the individual is obliged to be available and to accept the work when it is offered, given certain parameters. This can be of great help to people who may want to supplement their main job with additional earnings and be flexible about when they work, or for students who need a choice about when and how much they work so they can fit it around their studies.

Don’t forget though if you, as a business, are considering using such contracts –
• you are still obligated to pay national minimum wage to workers on zero hours contracts
• workers on such contracts benefit from certain employment rights such as paid holiday and redundancy rights as they are not ‘casual’ in nature.
• It is important to review those on such contracts at regular intervals to ensure any shifts offered are rotated and managed appropriately to prevent discrimination claims
• And finally, ensure you have clarity in usage between ‘casual’ workers where there is commonly no obligation on the employer to offer work to the individual and, crucially, no obligation on the individual to accept work that is offered. The intention behind casual contracts this is often that mutuality of obligation does not arise, unlike a zero hours contract where that obligation does exist to a degree. These are often used interchangeably but that small but significant difference could mean the difference between employment status and an unfair dismissal claim or not!

So, used carefully and in the fitting circumstances then great, but please be mindful of the above before embarking on introducing them.

For more help and advice on assessing your current working arrangements to be able to decide on the most suitable contractual arrangements contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

Read more:
So what’s all the fuss about zero hours contracts?

In the UK that could not happen such is the protection afforded to employees under our legislation. Yes a chief executive could say it but would very quickly find themselves in tribunal having to defend their position.

So what actually happened? Tim Armstrong, Chief Executive of AOL, told his employees not to record a briefing he was about to make, nor film it. It was going to be a tough and emotional talk about the future of the business and as an internal meeting he felt should remain confidential. But such is the way of the world these days that someone (Abel) tried to record it on film and was asked to put the camera down. When he didn’t he was told in no uncertain terms to leave. Sadly someone else was still recording the matter and posted the conversation online where it went viral. Oops that backfired then.

So in the UK what would happen if a boss tried that? Well they would no doubt be taken to tribunal for failure to follow due process and unfair dismissal.

So what instead should Tim Armstrong have done?
• He should have asked ‘Abel’ to put the camera down, then repeated the question if Abel did not do so on first asking.
• If Abel continued to film Tim Armstrong should have paused/muted the call so others could not hear the conversation (except those in the room) and advised Abel he was now treating the matter as a refusal to follow a reasonable instruction and ask if Abel would like to reconsider.
• If Abel had still carried on he should have asked Abel to leave the room advising he would deal with the matter offline. Who knows, Abel might have done it then had he realised the consequences of his actions!
• Then Tim should have arranged an investigatory meeting to understand why Abel did not do as he was asked, and what Abel’s mitigating circumstances were, if any.
• Abel should have been suspended pending the outcome of the investigation after that discussion, on full pay as the suspension here is not a punitive action.
• Then Abel should have been written to inviting him to a gross misconduct disciplinary meeting, advised of his right to representation, and given the allegations in writing
• At the hearing Abel would be allowed to put his side of the story forward and if the matter was still deemed to be so serious an offence of ‘failure to follow a reasonable instruction’ he could be dismissed, without notice, but pending an appeal.

All this in the UK would save an embarrassing and messy potential litigation. Not to say Abel might still have tried to take the matter to tribunal but as the Company would have followed due process he would struggle, I think, to succeed.

A cautionary tale and as I said, only in America (I hope!).

Read more:
AOL chief apologises for a public firing – but how would that work over in the UK?

It has become one of those phrases in the good ole game of business buzzword bingo – the game where you sit in a presentation and wait until the supplier in front of you uses the various phrases that will score you a point on your bingo card. It’s now alongside such things as ‘blue sky thinking,’ ‘out of the box,’ and ‘in the tent’ such is its disregard.

I have to confess ‘bespoke’ is a word you will find on my website. Only I actually mean it – I really do create training and development needs from scratch to meet the customer’s needs, rather than just my desire to make money.

So what should it mean? And how can you ensure you are actually getting what they claim you are paying for?

It should mean that the entire package is created from scratch, after all the phrase comes from the old verb bespeak – to speak for something, and originated, it is believed, in the tailors’ domains of Saville Row, London where custom made suits were just that – made from scratch and unique. Today, bespoke stands for anything that is customised or made to order, or, as I have suggested, something all too frequently to describe something that is used when training providers try and sell you their off the shelf package, tweak it with your logo and use that to raise the prices!? Or am I being too cynical here?

So, what should ‘bespoke training’ be?

It should start with a chat with the client to understand exactly what the issue at hand is that needs training to assist it.

I don’t mean an idle ‘the sales staff aren’t doing great so we need training’ but a more definitive look. Why aren’t the sales staff doing great? Is it their telephone skills? What has the customer feedback been? What have the sales figures been? Is it the morale? What have the absence levels been? And work out the specifics of the issue.

After the specifics, set your objectives
So often the objectives are assumed and not enough questions are asked, or an ulterior motive is in play (such as a major cut and paste exercise). But a training provider cannot hope to be bespoke if they don’t know what their customer is trying to achieve. Once they’ve had the investigatory chat indicated above, a training provider should brainstorm all possible content to meet your needs. I would ask to see this – then watch the ones who aren’t really bespoke pale in panic!

Next it’s about structure and style of delivery
Yes, a training provider can guide you on delivery style ie ‘this works better delivered classroom styley,’ but they should also be open to change and your suggestions. Ask them what works and why. Ask them to explain how that style would meet your objectives and enhance the course delivery. Once you are happy with that you can move on to timing of the content to add the relevant times that reflect the emphasis that you want them to put on various elements.

Finally, the support materials
The glossy bound tomes are very attractive and sure they make you feel you have had extra value for money, but not if they have just dusted off ABC Company’s logo and replaced it with XYZ & Sons logo instead. I’m all for utilising some material from other courses – there’s no point reinventing the wheel after all, but make sure that your provider hasn’t been sidetracked looking at existing material and trying to make it fit rather than working on new material that would fill any gaps in what YOU require. It’s only through actually writing the material, retyping everything, that I find that the material becomes real, that your objectives start to get the context I want when writing a course and you get the emphasis you need.

The training provider also needs to take the time to go through it – not cut and paste, so ask them for copies of ‘similar’ course materials and see if it’s all too samey before you part with extra cash for that ‘bespoke’ package they promised you.

Think you could get the ‘bespoke’ training you want?

For more help and advice about employee development issues or a ‘bespoke’ course contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

Read more:
Is ‘bespoke’ just an excuse to charge more?

Just like many working fathers, Prince William will be looking forward to the two weeks with Kate and his beautiful new baby boy.

So, here’s my top tips to managing a smooth paternity leave

Do dad’s have the right to paid time off when the baby is born?

New dads have to be the biological father, be married, cohabiting or in an enduring family relationship with the mum-to be and employed by the company for 41 weeks before the baby’s due date. Tick all those boxes and the answer is yes, and new dads can move on to worrying about the next issue…

The timing of your big news

As a new dad you will be excited and probably dying to tell folks at work your fantastic news, well you can tell your employer at any time but not less than 15 weeks before the baby is due. . Easy – except you also need to remember to fill in the self certificate declaring all the above 28 days before you plan to take the leave itself.  As an employer, you just need to know whether they are taking one or two of their weeks, and you need to know a minimum of 15 weeks before the due date to be able to make plans.  It is to be noted that the dad-to-be will be able to change their mind about the date on which they want their leave to start but not about the length of leave they wish to take – here’s the link to the notification form the dad-to-be must complete to ask for and be entitled to leave  http://www.hmrc.gov.uk/forms/sc3.pdf

As an aside, and just to clarify, dad-to-be is not ‘entitled’ to time off to support mum-to-be with antenatal care.  That is something as a company you could decide to provide but there is no right to accompany their partners to the parent craft classes, the scans or the aqua natal exercise sessions as one chap I dealt with in the ‘Corporate World’ insisted he do! Swimming with a bunch of pregnant ladies? A little odd I thought?

How long can the new dad take off work?

The statutory entitlement is that eligible employees will be entitled to choose to take either one week or two consecutive weeks’ paternity leave.  It cannot be taken as odd days or two separate weeks though and must be taken within 56 days of the baby being born.

The dad-to-be (now new dad) could add on holidays at the company’s discretion, or may elect to add either Additional Paternity leave (where he swaps some of the new mum’s entitlement and takes it instead paid at statutory rates) or have up to four weeks parental leave which is unpaid.  It’s unlikely he will do either as recent figures show less than 1% of fathers are taking advantage of additional paternity leave but you the business owner and employer, should be prepared in case your new dad is that 1%.

Each option is subject to the usual rules of applying and acceptance by the company and again there is declaration form from the government to assist ‘HMRC Additional Statutory Paternity Pay and Additional Paternity Leave – Becoming a Parent – SC7’

http://www.hmrc.gov.uk/forms/sc7.pdf

Given there are a whole host of timelines and expectations in terms of notifications it is important to share these as soon as possible.

What are new dad’s rights during leave?

Much like with maternity leave, the contract of employment continues and your employee is entitled to receive all their contractual benefits, except for salary.  Any benefits in kind (such as life assurance, private medical insurance, permanent health insurance, private use of a company car or laptop and gym membership) will continue; annual leave entitlements will continue to accrue and pension contributions will continue to be made.  Salary will be replaced by statutory paternity pay (SPP) if the employee is eligible to receive it, or additional statutory paternity pay (ASPP) if he has swapped some of new mum’s leave for his. If taking the additional statutory paternity leave, the new dad will be able to keep his hand in at work by using up to 10 of his Keeping In Touch days (KITS days).  He gets full pay for that day and doesn’t lose any of his paternity pay.

And his rights upon return?

He has the right to return to the job in which he was employed before going on leave.

So, our future King William has shown himself already to be the hands-on dad we suspected he would be by taking his paternity leave and I hope this will encourage may more men to follow suit. With that in mind, I hope you feel a little better prepared to support and guide your dad-to-be or if you are he, you have a better understanding?

For more help and advice about paternity issues contact us at www.threedomsolutions.co.uk   or follow us on twitter @3domSolutions

Read more:
Top tips for a smooth paternity leave

Yes, Kate has finally had her Prince, and you would suspect the way the Press is carrying on that he was the only baby in the world. But, strangely enough, he isn’t.

In fact, you’re likely to have someone within your organisation who’s having a baby, or has recently had one. So, here’s my top tips to managing a smooth maternity leave and a few for the mother herself to aide her time away.

1. Timing of announcement

There is a fine balance between when you, the business owner, want your employee to tell you so you can cover off the health and safety concerns and start planning for their absence, and when they want to tell you so they don’t feel they are treated differently as a result of being pregnant. There is still a fear of many mums-to-be that they will not get offered that great promotion or be given really lousy jobs once it becomes common news. So when is best to know? It’s normal that the news is shared after the 12 week scan when mum-to-be knows everything is ok.

2. Celebrate the news (appropriately)

It’s the employee’s news not yours – allow them to share it with whom they wish, while also ensuring you have covered all the legal bases you need to. Don’t rush around telling everyone – after all not everyone needs to know now do they?

3. Maternity Risk Assessment

There is no legal requirement to conduct a specific, separate risk assessment for a new or expectant mother. However, should you choose to do one the link below is a useful guide http://www.hse.gov.uk/mothers/index.htm As a minimum, sit down and ask the ‘mum-to-be’ about her work and what pressures or concerns she may have and see what measures you could put in place to support her.

4. Share Maternity rules and rights early on

There are a whole host of timelines and expectations in terms of notifications. It is important to share these as soon as possible. The key ones are:

• Antenatal care – the employee is entitled to reasonable paid time off during working hours to attend antenatal clinics or to receive antenatal care. You should use a maternity calculator that will take into account the employee’s start date, expected week of childbirth, and other relevant information to provide a clear timeline. This level of precision will help avoid any miscommunications or misunderstandings.
• When to take maternity leave – the company must be told 15 weeks before the baby is due, and the leave cannot actually start earlier than 11 weeks before the baby is due. If the employee wishes to change the date they must give 28 days’ notice.
• Rights during leave – the contract of employment continues and your employee is entitled to receive all their contractual benefits, except for salary. Any benefits in kind (such as life assurance, private medical insurance, permanent health insurance, private use of a company car or laptop and gym membership) will continue; annual leave entitlements will continue to accrue and pension contributions will continue to be made. Salary will be replaced by statutory maternity pay (SMP) if the employee is eligible to receive it.
• When to return –assume the new mum will be taking 52 weeks. If she wishes to come back before that she must give you eight weeks prior notice.
• Rights upon return – she has the right to return to the job in which she was employed before going on leave. If resuming work after AML, again she is entitled to return to the same job as before commencing leave however, if it is not reasonably practicable, you may offer her a suitable alternative, on terms and conditions that are no less favourable than had she not been absent.

5. Lose the maternity jargon

• Expected Week of Childbirth (EWC) – this is the week in which the baby is due (as stated on form MATB1 which the GP or midwife will complete).
• Ordinary Maternity Leave (OML) – is the 26-week period of maternity leave to which all pregnant staff are entitled.
• Additional Maternity Leave (AML) – is the further 26-week period of maternity leave to which all pregnant staff are entitled, up to a 52-week period in total.
• Compulsory Maternity Leave (CML) – the two week period immediately after childbirth when an employee MUST not work for her employer.
• Statutory Maternity Pay (SMP) – payment by the employer to qualifying employees.

6. KIT days

No not making a kit car, but Keeping in Touch days. These are up to 10 days the new mum can use to come back into the work place to do as it says on the tin – keep in touch. She gets full pay for that day and doesn’t lose any of her maternity pay. She doesn’t have to use them, but if she wants, make sure they are useful days to both you and her.

7. General actions

Talk to the ‘mum-to-be’ about such things as:
• Who would they like to deal with their mail (internal and external)? Would they like to see everything, or would they prefer to receive copies of key memos or letters?
• Do they want to be in regular contact with work, or prefer to have a complete break?
• To what extent would they like to be kept up-to-date with individual clients or projects with which they were involved?
• Consider if maternity coaching is appropriate – be proactive to minimise any issues and ensure that on returning to the workplace the new mum is able to operate at their full potential quickly, rather than be reactive to problems when they arise.
All these will make the transition smoother and help set parameters for you both to understand.

8. And finally… if you are the ‘mum-to-be’ think about:

Timesheet and expenses – input one the period up to and including your last working day along with any outstanding expense claim forms.

If you have a laptop or a mobile phone provided by your employer you should inform IT/Telecoms that you are going on maternity leave.

Out of Office – If you are an office based employee you should leave an out of office message on your email in order to notify people writing to you that you are not at work. This message should also contain the name of the person(s) who can be contacted in your absence.

Childcare – Should you intend to return to work it is strongly advised that you look for childcare as early into your pregnancy as possible. Many nurseries have long waiting lists and this should be seriously taken into account.

So our future Queen is not the only woman to have had a baby and she certainly won’t be the last. I hope you feel a little better prepared to make the transition smoother?

For more help and advice about maternity issues or maternity coaching contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

Read more:
Top tips for a smooth maternity leave

So what’s collective consultation? We have lived for more than 20 years with the Trade Union Labour Relations (Consolidation) Act 1992 (TULRA) requiring that where more than 20 people ‘at one establishment’ were to lose their jobs the company involved had to consult with the employees as a group, or collective, and with either their recognised trade union or nominated employee representatives. Failure to collectively consult with those affected by the change would allow those affected to receive a compensation payment of up to 12 weeks pay on top of any redundancy award they were entitled to.

So what’s changed? A recent Employment Appeals Tribunal (EAT) decision that’s what. The union USDAW took Woolworths Stores to tribunal on this very matter. They were much aggrieved that only a handful of the c4000 employees received this compensatory payment for failure to consult collectively. Such was the madness that in one town 21 staff received it where the store nearby with only 19 did not.

In response, the EAT has held that the words “at one establishment” in TULRA should be ignored. So from here onwards, until the outcome of the appeal process Woolies are sure to engage in, where you propose more than 20 employees in your business are to be made redundant, their location becomes irrelevant, and you must collectively consult.

The ‘why’ is this – TULRA did not comply with the EU Directive it was intended to implement; that had no mention of “at one establishment”. So by having that phrase, UK employees had reduced rights than their European counterparts in a similar situation.

So, as an employer what practical steps must you take when considering a redundancy and whether to consult collectively or not?

Here’s my checklist:
• If more than 100 employees are affected arrange to collectively consult with the recognised trade union or nominated employee representatives for not less than 45 days before the change is due to take effect
• If more than 20 but less than 100 employees are affected arrange to collectively consult with the recognised trade union or nominated employee representatives for not less than 30 days before the change is due to take effect
• If less than 20 staff are affected consult on an individual basis with the person involved only – remembering they have the right to be accompanied at any meetings with a trade union representative or fellow employee
• Don’t forget to advise the Government bodies through the submission of an HR1 form when more than 20 people are involved
http://www.insolvencydirect.bis.gov.uk/pdfs/rpforms/hr1.pdf
• Consult to discuss ways to avoid the redundancies, reduce the numbers involved or mitigate the consequences of a redundancy
• You should provide the relevant representatives with sufficient information to take a useful and constructive part in the process such as:
o reasons for the proposals
o the numbers and description of employees proposed to dismiss as redundant
o the total number of employees of that description employed at the establishment in question
o the proposed method of selecting employees who may be dismissed with care being taken to ensure the criteria is free from discrimination on grounds of sex, race, age disability, religious belief or sexual orientation
o the proposed method of carrying out the dismissals, including the period over which the dismissals are to take effect, and
o the proposed method of calculating the amount of any redundancy payments to be made (other than statutory redundancy pay) to employees who may be dismissed.

• The information should be either given to the appropriate representatives in person at a consultation meeting, or posted to them and, in the case of trade union representatives, posted to the main or head office of the union.
• Think about alternative roles for redeployment and retraining, not forgetting an employee would have the statutory trial period of four weeks to determine if that new role was suitable.

And if you have done all of that you should be both pleased that you have it all in hand and relieved that it should be an ultimately fair and legal process.
So are you considering redundancies? For more help and advice about it contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

Read more:
How to keep on the right redundancy road

i. Great more money, I’ll certainly think before I take any time off
ii. Brilliant, that should get published on a league table too
iii. Fabulous, the company are finally rewarding those of us who turn up all the time
iv. I can see why they are doing it but that isn’t fair. You already get paid for coming to work and what if you are genuinely sick and shouldn’t be at work?

How you answer this will show me what your main motivator is. I’m not saying the others don’t motivate you – just that the one you have picked is your main one at work. At Threedom Solutions, we’ve determined the following four main motivators in corresponding order with the questions above:
i. Profit
ii. Influence
iii. Recognition
iv. Personal Values

The first speaks for itself – it’s about cash, wealth and possessions. Yes we are all motivated by that to some degree but in our research, and in delivering our motivation and influencing course, we have found very few people for whom that is genuinely their main motivator.

Influence is about competition, power, control and independence and how much a person needs it to motivate them. A great sales person is frequently mistaken as being motivated and focused by the cash, when it is actually the competition and control that is their true driver.

Recognition speaks for itself – it is the desire to have a well done or thank you, and Personal Values is about the feeling that you just ‘ought to do it’. My business partner is very Influence motivated and her husband Personal Values. For example, if his mother came to stay and the spare room needed decorating before she came to stay again, and my business partner were to challenge her husband in an attempt to get it decorated by saying: ‘bet you can’t do it by X date,’ he would say, ‘yeh you’re right’. But because she has taken the time to figure out what makes him tick she know she needs to impress upon him his responsibility to do it ie ‘your mum is coming, don’t you think it would be nice for her if it looked better’ and bingo he’d don his overall and crack on with the job.

Personally, I’m motivated by an equal mix of Recognition and Influence. Give me a target and then a pat on the back when I have achieved it (or smashed it) and I’m your girl! My business partner also knows this and uses it to her great advantage!

Now imagine how powerful that could be if transferred into the workplace? Not only will you know what makes you tick and what inspires you to do something, but what if you could get someone you work with to do something for you more willingly just by changing how you ask them to do it, depending on what makes them tick? – let me tell you, you would have a happier employee #WinWin

If you need someone to increase their output and they are Influence motivated try a ‘bet you can’t do X by Y’ or set them a target but a certain date, or even give them control of the project and tell them when it needs to be done by. Have someone with Personal Values you need to work back on a Friday to assist you? Impress upon their good nature and how it would be the right thing to do to help the team. Or if they are like me, and Recognition focused, suggest that they are a great employee and you really value their assistance. Those Reward motivated just throw cash at them! Sounds simple right? but what a significantly powerful influencing tool.

So how will you influence through the use of these motivation identifiers? For more on this topic or any other HR or employee development issues contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

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What makes you and your staff tick?

My lovely PR lady raised this with me following a client of hers signing their communications, be that text or email, with a ‘x’ or kiss. Yes she has worked with her client for several years and they get on really well, but my PR lady felt it tipped the relationship into a more personal level and blurred the lines between professionalism and friendship. Given the client is very gregarious and fun and great at her job they would probably be friends in another life, but my PR lady had pause to consider and share it with us.

I have some clients I would have to admit I consider whether I ‘x’ or don’t in my communications. Some would be horrified if I were to do so, while another would be devastated the other way if I did not. As a business owner, there is a line you must tread. You want to be all things to all clients so they keep coming back but you must also recognise what is ‘appropriate’ as I have said before.

But let’s not get so hung up about it as Slate writer Matthew JX Malady recently did with his rant about email sign offs being ‘holdovers from a bygone era of letter writing’ and a waste of time causing email writers to agonise over what term is appropriate, or whether a ‘x’ or two was needed in this case! Instead consider what the New York Times tried to explain way back in 2009 when it said a sign off is where the content of the message can be clarified or undermined and is where relationships and hierarchies are established, and so treat them with caution.

Mr Malady’s conclusion and advice? That we should end our emails with the actual last thing we want to say; gosh how novel. But I go back to the statement that some of my clients would expect more, and be upset otherwise. So how can we adapt and satisfy at the same time?
Yes, emails give you more flexibility in terms of how you address people but underpinning that needs to be the image you are trying to portray in that opener or closer.

You wouldn’t greet your client how you greet your mates in a text surely!? ‘Oi we off out tonite?’ springs to mind as my phone has just beeped (or maybe a handful of you would?) It’s all about relationships and balancing the need to get a message across, to be seen to be friendly and supportive and also friendly and welcoming while professional when I send an email – a tough call for an HR professional when I sign off my emails.

So, do you want to be seen as professional? ‘Dear’ every time and ‘kind regards’ works a treat. Want to be friendly? Then try a ‘Hi’ and a ‘thanks’. Know your client as a friend? Then if they are happy with a ‘x’ then leave one for them – if not sure then ask them! How hard can that be if you are as close as you think you are? It’s about knowing when to be formal and when to be casual, as well as following your ‘brand’.

From an HR perspective it’s very simple – don’t offend and be appropriate to the business you are in and portraying, and respect the message you are giving; a ‘x’ would not be good at the end of a disciplinary hearing invite after all!

Yes, informality at the end of an email can blur lines, and it often says more about you than the receiver on how you react to a ‘x’ in a business email and/or text but it’s certainly food for thought. It’s your business image that the email is representing – it’s often useful to remember that. So how do you sign off your emails? Let me have your thoughts please.

Cheers, kind regards and bye x

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Friendly tip or over familiar Take Two?

The Ministry of Justice was quoted as saying the increase was due to “an increase in claims under the Working Time Directive, which doubled over the period making 30% of the total of claims.”

Other interesting facts were that complaints about failure to inform and consult over redundancy were up by 39%, age discrimination complaints fell by 24%, and actually only make up 1% of the total, while unauthorised deductions from wages was 16%, and unfair dismissal 15% of the total. (thanks to Employers News for those figures).

It got me wondering how the changes to Employment Tribunals rules will impact on the figures? Will having to pay to lodge your complaint after July 29 this year mean we get fewer people doing it as they have to seriously consider this additional cost and whether they have a true complaint to make? Or will this increase continue because the ‘chancers’ will continue to chance their arm and lodge anyway, just adding the potential lodge costs to their overall schedule of loss, or by applying for a ‘fee remission’ and not having to pay after all?
As an employer, how will the changes affect you? It might mean you get a sudden flurry of activity from your disgruntled ex-employees who have left within the past three months as they need to lodge before the July 29 or pay. They only have three months in which to do it so that’s those who left after the April 29 2013 in the main. It also may mean you consider not dismissing anyone until after that date, again so they would have to pay to lodge against you! (Yes I know that’s sneaky and bordering on mean but I’m sure some of you would have considered that, don’t try to deny it!).

So, a quick reminder: The claimant (your ex-employee, or current employee if it’s something like a breach of contract claim) will have to pay an initial fee to issue their claim and a further fee if it goes to a hearing. There are two levels of payment depending on the type of claim being made. Level 1 claims are the really rather straightforward ones and will cover such things as holiday pay and redundancy payment claims or unlawful deduction from wages. The issue fee will be £160 and the hearing fee will be £230. The more complicated Level 2 claims by their very nature of needing more time to consider and more time in the tribunal process will, as a result, be an initial £250 to lodge and £950 for the hearing fee. These claims will be such things as unfair dismissal claims, unfair constructive dismissal and equal pay.

Let’s remember the underlying reasons for these changes are to make people consider mediation and moderate settlement options before they actually lodge. ACAS involvement has been boosted as a result. But I’m still not convinced it will have a massive impact on the number of claims being made. I see so many ‘have a go’ claimants, who after a sticky disciplinary or after an internal grievance start to see pound signs in their eyes in this ‘no win, no fee’ world we live in. They are told they have a case, and yes I totally understand that sometimes they do, but even when you a professional, caring employer follow all due process and make an appropriate decision they think they will lodge a claim just to get you to settle it and give them some cash.
Yes, as an employer you will, and should at times, consider settlement from a purely commercial perspective, after all it is often cheaper than paying someone like me to go through the process; a solicitor to lodge your paperwork and a barrister to represent you. But I would caution you, please consider carefully settling every claim. You don’t want to become a target for vexatious claimants or get a reputation for settling rather than going to court. In the end your settlements outweigh the potential costs of fighting that one case.

So are the changes due on July 2013 good or bad? I suspect only time will tell.

For more help and advice about tribunal, disciplinary, grievance issues contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

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Will paying for tribunal claims put off disgruntled staff?

In the litigious world we live in today, it’s a mine field that as an employer you need to be mindful of with the potential of harassment claims, regardless of intent. When I meet new people I stick out my hand and introduce myself: ‘Hi I’m Cat Macdonald’. I don’t expect them to call me sweetheart in return – well certainly not when at a business networking event that’s for sure!

I was at such an event recently. On the whole, they were a nice bunch of chaps all trying to pass each other business and all with their hearts and businesses in the right place. So why did one feel it appropriate to call me, a fellow business owner ‘sweetheart’ as he patted my back to move me out of the way so he could get to his breakfast sandwich, and when I stood up to introduce myself, questioning whether I should stand, another greeted me with the retort of ‘well you can sit here instead’ patting his knee!

I’m certainly no wall flower and nor the overly sensitive or squeamish type, but that just isn’t acceptable to me (and I assume many other female business owners out there).

It brings to mind Karren Brady when she appeared on Piers Morgan’s Life Stories program and the relish she displayed as she remembered selling a player to Crewe three days after he’d wise cracked her on the team bus, asking her to show him her, um, assets! Sadly I didn’t have that kind of come back in this particular situation, but she didn’t accept his crude remark, and nor would I. It’s demeaning, derogatory, dismissive, inappropriate and mostly certainly wrong for in a ‘work’ environment.

So what can you do to firstly prevent such ‘cheek’, to protect your staff if they are on the receiving end, to ensure your employees don’t feel they are able to step over that line, and to ensure all your company’s communications are appropriate in tone and delivery? The Chartered Institute of Personnel and Development has a guide that outlines that it is about the following:

• defining the positive behaviours we can all expect from each other
• everyone accepting responsibility for their behaviour and actions
• everyone accepting responsibility for finding solutions
• ‘top team’ behaviour – vital in reinforcing positive behaviours and creating a culture that goes beyond paying lip service to fairness.

You should also create ‘an atmosphere in which the organisation and its leaders have a clear vision and sense of what a culture of dignity and respect would be like in practice’.

So how in practice would that work?

Well for a start, devise and implement a policy and procedure for everyone to understand and share. Outline acceptable and unacceptable behaviour. Help make your staff understand how their actions/words are interpreted. Within this try and encourage everyone not to tolerate such casualness if it is not in your culture. This clarity of the standards of language and actions expected makes it easier for all individuals to be fully aware of their responsibilities to others. Then ensure the procedure is clear on how to make complaints, and how to deal with them if/when they arise. Ensure everyone in the business knows about it and it is fully supported.

And then promote a culture that you are happy with, and that your staff feel comfortable. It’s your brand, your business, your standards that you must share and practise to make it ‘real’ for everyone else.

Then, finally, don’t forget that with so much of today’s business communications being in written forms – websites, social media, marketing literature – you should also articulate expectations for that. It’s not only the words but the tone in which a company communicates being increasingly important. We all know that so much of what we say really comes down to how we say it. The same choice of words can come across as either complimentary or insulting. Ultimately, it’s all in the delivery. Deciphering a written communication’s tone isn’t easy. The handling and implementation of any social media forum is fraught with potentially explosive minefields. So again a clear set of guidelines can make the difference between a successful exchange or an inappropriate one.

Right – rant over, I feel better having got that off my, um, assets! But please let me know if you agree (or not!) more help and advice about such HR issues or contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

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When does friendly tip into over familiar in business?

So, off I popped with my business partner ‘in disguise’ and in we walked to the reception area. We were greeted in a friendly enough manner, asked to sit down while we waited and then I was met and taken to my appointment leaving my business partner to wait, and watch.

Oh and watch she did! What unfolded before her very eyes started with a chat between the two reception women about when to take their lunch breaks so they didn’t have to work with ‘Fanny Adams’ when she came in the next day (and no the lady in question is not called Fanny before you ask), progressed through to calling a competitor to ask for some customer’s details (err, data protection anyone?) to letting another customer’s children hurry around the reception area on their scooter with the words of ‘no that’s alright, they mean no harm, bless them’, to completely ignoring two other people who had entered and waited only to get frustrated and walked back out. Finally, they began discussing their bunions and how the shoes fit! I kid you not!

When I remerged, it was to find my partner hiding behind her phone so her nervous laughing was only noticeable by her shaking shoulders. My experience? To be ignored initially, and then received like a long lost friend by calling me by my first name. No I do not know you, and not even my mother calls me by my full given name of Catriona! That is way too friendly and over familiar.

We all know first impressions count so much in business these days. Sitting there, we were potential new customers of this business and instead of being warmly, yet professionally introduced to the great and wonderful world of this company, we left having to give feedback and recommendations for some serious brand awareness and customer training.

When competition is so great, it’s these little things that can put you off doing further business. Selecting the right person for each position within your company is imperative, but the receptionist is probably one of the most crucial. When current or potential customers come to your premises, the first person to greet them is that receptionist. They create the first impression that a client has of your business, whether it’s good or bad, so it’s important to choose the right receptionist for your company’s image. I’m guessing two gossiping ladies, with their shoes off and feet on display discussing their bunions is probably not the image that you want to convey, unless you happen to run a chiropody practice (and even then?).

So what do we suggest to help you ensure your reception team creates that crucial first impression?

1. Brand awareness – make sure they know what image you wish them to portray and ensure they remain ‘on message’.

2. Clarify their role – Do they know what their duties actually are, not what they might have become? The receptionist’s duties include acting as an ambassador by welcoming people to your business, screening phone calls, setting appointments, and directing client traffic throughout the work day. It’s not sitting there discussing other members of your company in broad daylight, in plain view of your customers.

3. Keep them busy – Give them the tools to do their job and keep them busy, but not so busy the customer service is lost. If they have nothing to do they should be aware they need to get something to do! You should ensure they see if other co-workers need assistance etc. In ‘corporate world’ I discovered one of our receptionists doing a cross word under the desk during ‘down time’. If they genuinely have nothing to do maybe it’s time to reengineer the role to add to it, or restructure the cover arrangements?

4. Explain communication expectations – It’s about having diplomacy and proper etiquette. Not being overly familiar, but being polite and courteous. Telephones should be answered politely with a standard greeting such as “Good Morning, thank you for calling our company, how may I help you?’. As soon as someone enters they should direct their attention to them, immediately, and give them a pleasant greeting, and an expectation of when that customer will be dealt with if things are busy. They should ignore customers so they leave in frustration.

Often we forget just how important these roles are in the company, and how critical their impact is on the future of our business.

Is it time to assess the first impressions made by all your front line roles, be they reception staff, customer service operatives or your sales teams? Maybe it’s time to consider some secret shopping of your own to evaluate their impact and implement development plans to give you that competitive edge?

For help with your ‘mystery shopping’ employee development needs or advice about HR issues contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

Read more:
How to ensure your staff give a fabulous first impression

This beat debt and financial issues at 30 per cent, despite the current bleak economic environment and money concerns, and also health concerns only being 17 per cent of a cause. So how did these people try and cope with this? 57 per cent say they drank after work, and a whopping one in seven said they drank AT work!

I had the misfortune in the ‘corporate world’ to be presented with a dozen vodka bottles hidden in an alcove in the gents’ toilets once, and, on another occasion, was given a lemonade bottle from a sales rep’s desk which was full of Thunderbird that they had been drinking in full view while on the phone selling. I was horrified and surprised at the time. With these statistics I ought maybe to have been pleased there weren’t more bottles or occasions!

Chief executive of Mind, Paul Farmer, said: “Work related mental health problems are an issue too important for businesses to ignore. Our research shows that employees are still experiencing high levels of stress at work, which is negatively impacting their physical and mental health.

We know that right now, one in six workers is experiencing depression, stress or anxiety and yet our survey tells us that most managers don’t feel they have had enough training or guidance to support them.”

Even the managers surveyed said they would like to do more to assist but they needed training and/or guidance but sadly confirmed it was not a priority in their organisation.

So, with most people using smoking, antidepressants and sleeping aids to try and cope, and one in five taking a day off sick due to stress while citing different reasons, what else could individuals do instead?

Researchers from Carnegie Mellon University in Pittsburg, America are suggesting people write a ‘happy list’ and I have to say I kind of like that. Writing this ‘happy list’ on subjects such as the importance of friends and family before the start of each working day can help stressed-out workers improve their problem-solving skills.

Dr David Creswell, assistant professor in psychology at the university said: “Our study suggests that self-affirmation may increase creativity and insight in stressed individuals.”

It follows the work we do in resilience training – about changing how you see things and addressing the ‘thinking traps’ we can all fall into to. It’s a way to stick your head up from the issue and look around at something else. It’s another way to look at ABCing your challenge – find the Adversity, understand what Belief led to it, and then acknowledge the Consequences, the behaviours and emotions that surround them. By writing them down, like the university suggests, you start to actually see the issues and address them.

Great idea but what else can you do? Fundamental to this is the ability to improve your staff’s, or your own, resilience to issues; about refocusing the mind on how to react to those things that push our buttons. Resilience is about how to handle the day-to-day events, challenges and conflicts we all face both at work and in personal lives. It’s also imperative for a business to have an understanding of what resilience is and why it is important to both individuals and the business itself.

Here’s a few simple tools to assist – I have many more…

Look at and appreciate what “pushes your buttons”, what your underlying beliefs are and the values which trigger a reaction.

When you start to get stressed, try to figure out what ‘thinking traps’ you may have fallen into, so you can recognise them and stop them next time. It could be that you filter out, or in, things to focus on only one part of a situation and ignore the rest. (Usually this is looking at the negative parts and ignoring any positives that there may be). A whole picture can be coloured by a single negative detail and that brings you down, or maybe it’s that you ‘Shoulda, Woulda, Coulda’ by placing unreasonable demands or pressures on yourself and others. You start a sentence with ‘I should..’ or I would…’ knowing that you haven’t, or won’t be able to. These may not always be unhelpful statements but can create unrealistic expectations. Instead recognise them and develop methods to counter them.

Be equipped with practical coping strategies for you to practice to improve your own resilience – take a break, go for a walk, write it down, laugh even!

With three out of five people saying that if their employer took action to support their mental health they would feel more loyal, motivated, committed what are you doing to answer this call for help?

For more help and advice on stress management and resilience contact us at www.threedomsolutions.co.uk follow us on twitter @[ilink url=”http://www.twitter.com/3domSolutions”]3domSolutions[/ilink]

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What does your happy list look like? How to beat stress at work

But we should work out whether our staff want to come to work and, if not, then work out how we can change and reengage them?

In the ‘corporate world,’ I had the good fortune to come across a great motivating model courtesy of a company called Digital Opinion. It’s called the Employee Engagement Matrix. It’s a fabulous little four box matrix that splits your staff into one of four categories. Picture it if you will (because this online format doesn’t work with pictures!) Bottom left is labelled ‘disaffected’, next to it to the right is ‘uncommitted’, top left’s label is ‘frustrated’ and top right is the magical ‘engaged’. The higher the job satisfaction and commitment to the company (the axis) the more engaged they become.

So let’s look at this in more detail. Imagine this is your team – for demonstration purposes, let’s say you have 20 people in that team. Have a think in percentage terms how many of your staff sit in any one of these boxes? Then think about how that would affect your team’s morale, productivity, cohesion and success?

Say you had 20% disaffected, that’s four people – they are negative both in terms of job satisfaction and commitment to the company. They make minimal contribution, will have a negative impact on their colleagues, or leave the company. If they were in your team they would be black balling your every idea and actively blocking progress.

What about another 70% either ‘frustrated’, who are committed to you company but get little satisfaction from their work, or ‘uncommitted’ – they take satisfaction from the work they do but have little sense of commitment to the company – how will those 14 people slow you down?

This would leave us with a measly 10% potentially all fired up and raring to go; two of your team, yes just two and I bet you could name both of them now? That’s a very small number of staff to be relying on, at this a time when you need all hands to the pump.

Research shows companies who have a higher engagement are more likely to perform better. Addressing your staff engagement and doing something about it is not a ‘nice to do’, nor a ‘fluffy HR thing’, there are valid business reasons for seeking and achieving this key area as listed below:
• Higher job satisfaction
• Higher motivation
• Lower absenteeism
• Less staff turnover
• More productive employees
• Higher customer satisfaction
• Open and honest Culture
• A generally happier environment
• Better informed
• Ability to react to change

So how can you improve your engagement?

Energy – you need to bring the energy back to the business – companies have spent the last few years focusing on revenues, for very valid reasons, and often under constant change management. It’s time to invigorate

Be consistent – create the message and follow through

Communicate – make sure the staff know what you are trying to do and why. Share the successes and mistakes. Make sure that commitment to this goal is understood throughout the company, practiced by all and committed to.

Ensure you achieve some quick wins as Dr John Kotter, a professor at the Harvard Business School, a well known author and authority on leadership and change would advocate. This could be just a few ‘gimmies’ – short positive messages to show a desire and commitment from the top to take action and drive you forward with focus and commitment.

These changes need to form part of your culture – you must create ownership of the changes and with that accountability. It’s about people, your staff and ensuring they are enabled to, and actually want to, do their best work. Its basic human motivation – give them an aim and direction and see how your staff will attach themselves to that aim, your desire to improve their commitment and focus to their benefit and that of the company.

So, what percentage of your staff are truly in the engaged box, and what are you going to do about getting more of the team to join them?

To see the matrix in all its glory please click on digital opinion employee engagement matrix

For thoughts and suggestions on how to improve engagement please follow us on twitter @3domSolutions and share your ideas

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Engaged, frustrated or disaffected staff – Ten reasons to get engaged

We have already looked at how to stay out of hot water when you are interviewing.

It was about being careful of the language you used when asking questions, about the questions being relevant to the job, and about how to avoid the discriminatory traps that we often find ourselves hurtling towards without really trying, or meaning to.

So, now I want to share some top tips to help avoid those traps and to get the best out of an important, and yet often perceived as arduous, process. You have spent many hours painstakingly writing your advertisement, to then sift through often hundreds of CVS, and then sent out the emails/letters to invite the lucky few in to meet with you, and get the opportunity to change their lives by joining your organisation. So, based on more than 20 years of experience, I’ve found the following tips have served me well….

Once you’ve read the applicant’s application form or CV, the interview is the perfect opportunity for you to find out more detailed information about them. While I would recommend a question sheet of set questions, all delivered in the same manner, to all interviewees, I appreciate that can sometimes be difficult to stick to, depending on the answer from the interviewee.

If you’re conducting your interviews with the assistance of another colleague, it’s extremely important that they also know what questions are appropriate to ask. Please don’t assume that because you now know the types of questions to be cautious of, your colleague knows them too. We advise that you discuss these beforehand, maybe even send them the link to this article to help them.

A few more tips include:

Being prepared – It’s always wise to prepare a set of questions that are relevant to the role and you can always refer back to their CV or application form if needed. This adds some uniformity to the process and clarity.

Don’t make stereotypical assumptions – For example, if someone has a foreign-sounding name it doesn’t mean they aren’t eligible to work in the UK. And if they are ‘a slip of a girl’ don’t assume they cannot be as tough as old boots when required.

Remain objective – Make sure you consider all candidates objectively and not subjectively. It’s the old ‘halo and horns’ effect. You allow one strong point about the candidate to overshadow or have an effect on everything else. For instance if they look and sound like you, you will automatically prefer them, even if they may not be the best person for the job.

Keep notes – Keeping concise notes throughout the interview is always useful so you can refer back to these afterwards. It’s also worth keeping a record of why you rejected a candidate so your notes can be used in case any allegation of discrimination is made. However, be just as careful what you write. I had the misfortune to be actioning a Subject Access Request (where a member of staff can request full access and/or copy of personal information and their employment history) when I discovered the interview notes stated he ‘looked like Thing from the Adams Family’ in the top right hand corner of his CV. Luckily the member of staff found it funny, and it obviously had not deterred the company from employing him in the first place – but boy oh boy was it awkward! Therefore your notes must ALWAYS be non-discriminatory, so not only can you justify the reason you rejected a candidate, putting you in a stronger position to contest any discriminatory allegations, but you can also prevent such embarrassments.

And finally keep it relevant – Remember when asking any interview questions, always ask yourself – is this question relevant to the job?

So do you feel better prepared and able to stay of out of hot water when recruiting?

Many thanks to Kate Bagnall and Louise Hopkins of Bagnall Hopkins Recruitment who delivered the tips I have expanded on above at a recent jointly hosted event we held.

For further help and advice about HR issues or employee development contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

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Interviewing techniques – top tips to recruit the best staff

So there I was, all shiny and new, smart suit, big smile and confident handshake waiting to be grilled on HR related matters and to be able to show this gentleman interviewer in front of me how great I was and how much he should give me the job. And his first comment? ‘Gosh you’re a lot smaller than I thought you would be, only a slip of a girl’. My response? A sharp intake of breath and to stand on my tip toes!

The interview which followed included questions such as ‘so, how will you cope standing in front of a room full of men, having to give them bad news? You won’t cry will you?’ and ‘what does your partner do? I take it he’s ok with you working with a bunch of blokes?’ and my best of all ‘are you married? No? Oh! Why not? Too bossy?’ I still remember these to this day and fortunately I didn’t get the job. I’m not sure how he and I would have worked together longer term. But it certainly demonstrates that, even in the early 90’s, there are certain things you just can’t ask!

So, how can you stay out of hot water? What actions can you take to protect yourself? The main one is a simple one – remember when asking any interview question, always ask yourself ‘is this question relevant to the job?’ If not, don’t ask it. Simples.

Let me give you some examples of some shockers – and yes all have been used in real interviews.

1. You only have 5 years’ experience and we need 10, why should we take you on?
2. Were you born in the UK?
3. Are you married?
4. Who will look after your children while you’re at work?
5. Do you go to Church?
6. I see you have really thick glasses, are you ok with computer work?
7. Who did you vote for in the last election?
8. Are you a member of a union?

Asking questions like this will cause you to fall foul of the Equality Act 2010. How? They all refer to a legally protected characteristic.

1 Age
2 Nationality/Race
3 Martial/Civil status
4 Sexual orientation
5 Sex discrimination
6 Religious belief
7 Disability
8 Political affiliation
9 Trade union membership.

Instead you can ask
– You have a great depth of experience, how best will you be able to share that with us?
– Can you please show us the documentation to demonstrate you have the right to work in the UK as part of our recruitment process
– You are aware the role requires long hours and occasional overtime, would that be an issue?
– Can you perform all the required job functions, tasks, and/or duties listed here, with or without accommodation?

Also use competency based questions on topics like leadership, delegation, team working, adaptability, influencing, and decision making to name just a few. Use the questioning technique of ‘tell me a time when…’, or ‘how would you…’ to tease out the information you want. In addition you can use the ‘5 W’s plus + 1H’ questions (Who, What, Why, Where, When + How) as great starters to those open questions. Often in the examples given, the interviewee will share some personal information anyway. That’s fine – it was their choice to share it, not you asking directly for it. Both styles of questions allow you to find out more information about an applicant’s experience which will help you to decide if they are suitable for the vacancy.

So do you feel better prepared and able to stay of out of hot water when recruiting?
Next will be my my top tips for the perfect interview.

Read more:
How to stay out of hot water when interviewing

It came on the back of a survey by Allen & Overy LLP which questioned more than 1,000 office workers to find out what your average Joe/Jane Doe in the workplace felt was still appropriate to say and joke about. They wanted to establish if the workers of today could distinguish between banter and bullying. 80 per cent said initially that they could but questioned further, it appeared that the lines were more blurred.

At home, we may make remarks about the wife’s parking? We might poke fun at the husband for not being able to do more than one thing at a time or at the mother who can barely find the on switch on the computer. Do these comments resonate with you? (I’ll hold my hand up to the mother remark – on this occasion because it’s true, she can’t!)

These comments may even be commonplace in a work environment, but these very remarks can get you, the employer, into hot water. Apparently 46 per cent still feel those naked calendars and pictures are acceptable to be openly displayed at work, blissfully unaware of any potential unlawful implications; unaware that these could be perceived as creating an intimidating, hostile or offensive workplace. 72% think cracking ‘baldy’ jokes is ok at work, and 59 per cent said they didn’t think it was unlawful to swear at work, despite such swearing, if based on a legally protected characteristic such as gender, potentially leading to a discrimination claim.

The most interesting though for me is that 78 per cent wouldn’t think twice about giving a colleague a gift at work, even if they didn’t know them that well. Some of you will shudder at that, others will question why it’s an issue. The issue is, it’s not how it’s intended, rather how it’s received and in law it being ‘common place’ , is not a defence, nor is that it was intended as a ‘joke’ if someone takes offence and raises a claim.

Let me put that last one into context. When I worked in the ‘corporate world’ I had to deal with a complaint from a woman in her early twenties. She had received a beautiful black dress from a secret admirer, all nestled in red tissue paper and boxed with a big ribbon. Wow I hear some of you cry, but she was horrified. Why? Because it was sent from someone she hardly knew, in a different department to her, and he was a little, er, odd shall we say. She felt threatened and scared by the act, unnerved if you will.

Fortunately we were able to ‘nip it in the bud’ as it were and after a gentle chat with the chap, an informal apology from him if he had caused offense, and that he had in no means intended to, we were all able to move on. This one thoughtful and yet thoughtless act could have so easily blown up into something much more serious, but for the practical approach we took.

So hands up, how many of you have a spare £9,940 in your business bank account to give away? No? Really? Funny that, I thought not. Well that was the average pay out in an employment tribunal during 2012 for discrimination/harassment and bullying claims. A sobering thought.

So, how can we protect our staff from unwanted comments and actions, protect the business from claims and yet still keep that friendly environment we all pride ourselves on? I have a few suggestions below:

First, have a clear policy, a set of guidelines about what you and your company believe to be appropriate and inappropriate and the consequences of failures to follow these guidelines. I’ve said it before, it is more critical than ever to make sure your staff know what they can say and do, or, as importantly, what they can’t or shouldn’t.

Next, communicate that policy. Please don’t go to the time, and expense of having it if it’s just going to be stuck on a shelf or in a drawer. Let the staff know, share it with them. It’s important to raise individuals’ awareness of others’ feelings through training and briefings, including giving examples of what can offend people. Maybe a spot of diversity and equality training wouldn’t go a miss?

Then you and your managers/supervisors must set the standards of behaviour and must ‘walk the walk’ and ‘talk the talk’ to create and reinforce the atmosphere you want. Challenge anything you think inappropriate and also allow people a forum to raise concerns in a positive way, ensuring their concerns are heard and taken seriously.

That’s my next key point – listen and act if a matter is brought to your attention. It’s often this which is overlooked and leads to the formal claims and litigation following; the failure to take an issue seriously. Such was the case in Heafield v Times Newspaper Ltd (2013) UKEAT, which went all the way to the Employment Appeal Tribunal. Heafield’s boss used a swear word in the same sentence to the then Pope, Heafield took offence as a practising Catholic and tried to raise it informally. It was only after he felt his complaint had not been appropriately dealt with he took it formally. So, by addressing things early these external claims can be prevented.

But this particular case should provide some comfort. It was determined that the particular comment was not malicious or anti Catholic, and while the boss shouldn’t have sworn a ‘reasonable person would have understood that and made allowance for it’. Drawing from the Equality Act 2010’s ‘catch-all’ provision which means a person’s reaction has to be reasonable, it seems that tribunals will use common sense in determining what is considered as harassment or bullying and consider all the circumstances when a member of staff fails to be appropriate or is not politically correct. As this case clearly shows, context is key.

Which is my final recommendation, deal with any such concerns and grievances raised to you on a case by case basis, with full knowledge and appreciation of the facts, with a good deal of diplomacy, and total regard for all concerned.

We all know there’s a fine line between friendly, acceptable fun banter and the things that turn into unlawful harassment or discrimination. Addressing this isn’t just being ‘politically correct’, or having to join the ‘bland wagon’ it’s more about appreciating the litigation risks or the impact on individuals and creating the right environment for your workplace where everyone feels included, and feels able to raise concerns and be supported.

So what do you feel is the best approach? Share your thoughts @3domSolutions

Read more:
How to say what you mean & mean what you say without getting on the bland wagon

It’s not just sales people who need critical presentation skills, nor is it a skill which is only required when standing in front of the board sharing your department’s key milestones and achievements for the past 12 months. We need this vital skill in so many other circumstances.

I had the misfortune in the ‘corporate world’ to be involved in way too many restructures and reorganisations, all usually ending in redundancies and redeployments. I can recall standing at the front of the room with the line manager, supporting him with my professional demeanor and calmness, and trying to support those sitting, or standing, facing me with a sympathetic look and direct responses to all their queries. Most of the line managers, having been well briefed, remained focused and while nervous were able to ‘keep it together’ and tell their teams the news. However, there was one truly tragic occasion where some presentation ability would have been a bonus and prevented the shocked and horrified faces that resulted.

I found myself supporting the managing director of a company, standing in front of a group of some 15 men, who were all about to be told their roles were at risk of redundancy as the site was closing. The MD stood up, his posture was drooped, he hopped from one foot to another and his arms were folded. That was depressing enough to witness. Then his opening line was: ‘This is as hard for me as it is for you what I am about to tell you, I’ve hardly slept a wink all night. There was nothing I could do to prevent this and it’s really hard for me to have to tell you all this but …’.

The men knew it was going to be bad news – after all I was in the room which was never a good sign right!? So when he delivered his garbled speech they registered surprise, then fury and then rage. Why? Because you could read on all their faces the following tickertape of thoughts and emotions – ‘how dare he stand there, in his shiny expensive suit, with his nice company car, his cushy role and his annual bonus telling us how hard it was for him when he still has a job and a very well paid one too!’

Thankfully, some well-chosen words were interjected by me to calm the situation and we went back ‘on message’, as it were, for the rest of the meeting. But imagine now how some presentation skills would have prevented that?

Let’s replay this with the managing director and instead have him with his feet firmly planted in one spot, he is calm and focused and maintaining eye contact (without staring). He has thought about his opening line, made it appropriate and also made it a ‘grabber’ – a way to get and keep their attention. Instead of thinking about what he was going to say he would be thinking about what he wanted to achieve from the talk – that of getting all those affected to understand the implications of the closure, how the men were going to be supported and what were the next steps the company would be taking.

In the original, failed communication, while he had the credibility to have the discussion, not only did he not present himself very well but he also forgot to tell them what was in it for them and then to signpost next steps and actions required. These are all keys stages in ensuring a success presentation/message delivery.

Remember, only seven percent of a message is delivered by words alone. A bigger 38 percent of the message is received and understood with the aid of the tone those words are delivered in, and a whopping 55% by your body language, so getting any one of these wrong has a big impact on the outcome. This example demonstrates what we all know already, that sadly most people focus their ‘presentation’ energy in the words when actually it’s how those words are delivered that counts for so much more.

In summary, there are two main areas to focus your attention on when contemplating and preparing for a presentation, or delivering a message. Firstly consider your body movements and gestures, your posture and your eye contact; make them fit for purpose. Then consider the material itself. Grab their attention, explain who you are and why they should listen, tell them what’s in it for them, signpost what you are going to cover and then cover it, summarise, check for understanding and then conclude (G.E.T.S.D.U.C©)

So next time you have to deliver an important message, be that an HR related one or a general one, think how polishing your presentation skills might help it be a clear experience for everyone involved.

For more help and advice about HR issues, presentation skills or employee development contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

Read more:
Why polishing your presentation skills can help you deliver the right message

New school building guidance has allowed this bastion of teachers’ breaks to be axed – and this in a world where so many companies are now understanding the importance of rest and relaxation in the day? I fear this is such a negative and backward step. Even Starbucks in December 2012 stated it was cutting paid lunch breaks, among other benefits it was slashing, and this got me thinking about reinforcing the need and benefits of a break and somewhere to have it during the day.

Back in 2008, we were being quoted figures of 1 in 6 people not taking a lunch break and we threw our arms up in horror at this. How could it be? Why would you not take your breaks due? But as the economy decreased and the pressures increased in our working days this has, in a recent BUPA survey, been confirmed now as 1 in 3 not taking the break – a trend driven by falling profits and rising expectations on our working day.

A recent BBC report reaffirmed what we already suspected; that 54 per cent of 600 office workers regularly worked through their lunch breaks, 53 per cent believed the culture of not taking lunch breaks to be widespread in their workplace and 20% felt under pressure from managers not to take a break. It makes depressing reading.

Back in the day when I worked in the ‘corporate world’ I too felt that angst – the desire to take a break, to see daylight and breathe fresh air, only to know I had a report to write, a restructuring document to prepare or a consultation meeting to attend. ‘Oh well’ I would sigh, ‘tomorrow is another day’ to quote Rhett Butler in ‘Gone With the Wind’. Only tomorrow was the same as today, and would be the same as the day after. Days turned to weeks and weeks to months and yet I still would not manage to escape at lunchtime. It was my loss.

Now I work for myself, it’s this small thing I cherish most. I take that half hour minimum of me time. Why? Well let me explain…

I have downtime now in my day – a chance to rest my mind. This helps me regroup and refocus. Additionally my lunch break gives my brain an emotional break away from the cognitive demands of my job. I can relax a bit and recharge my emotional batteries. I have even been known to go for a walk between client meetings and get some of that longed for fresh air. And finally I actually eat now – not just a bag of crisps or a chocolate bar and cuppa, but proper food!

I read recently that the company Postcode Anywhere, when relocating from city centre offices, placed a huge emphasis on lunch and wellbeing, even signing up to a company gym membership and encouraging employees to make the most of it and get some exercise at lunch.

The Chemistry Group, after noticing falling productivity, undertook a survey of staff and determined that energy had a big part to play. The study discovered that employees were shattered, so a number of changes were initiated, the main being to assist the staff with their diets and lunchtime habits. Already this is showing positive productivity changes apparently.

So, if you still think lunch breaks aren’t important, read on:

• Increased productivity – Short times of relaxation such as lunch breaks enable employees to withstand high effort levels for a longer time

• Increased creativity – the pressure of trying to push yourself at your desk to complete a particular task is not conducive to ideas. Most ideas usually come when a person is relaxed. Lunch breaks when people are engaging in discussions with other people, may actually help you solve a stubborn problem

• Better physical health – the BBC reported that eating while continuing to check emails, etc. can lead to ‘mindless eating’, which can cause people to overeat and/or eat the wrong foods and therefore gain weight. Also getting away from work and out into the fresh air and under the sun’s rays will stimulate the body to produce Vitamin D and encourage the production of serotonin (a hormone that plays an important part in the regulation of mood). It can also help combat SAD syndrome (Seasonal Affective Disorder). Next, getting away from our workstations, and moving about helps prevent the onset of musculoskeletal disorders (from prolonged poor posture) and in extreme cases potentially deep vein thrombosis (DVT), which can be caused by long periods of sitting. And finally in this benefit area let’s not forget that desks and keyboards often harbour high levels of bacteria (sometimes even more than toilet seats) and food dropped whilst eating at your desk, onto computer keyboards can actually feed these bacteria. Bleurgh!

• Better mental health – After several hours of work, pressures build up and you may become overwhelmed, irritable and crash in the end. Taking a break in the middle of a stressful day helps employees to regain energy and positivity so that they can be more productive throughout the rest of the day.

So there’s overwhelming evidence that a break, and somewhere to have it, is a ‘must have’ not a ‘nice to have’ and we should follow the mind-set of the forward thinking companies I have mentioned, and others like them and make both a time and a place mandatory.

When was the last time you left your desk and took a real lunch break?

Read more:
Eating lunch at your desk again?

But let’s take a practical approach. Flexible or home working (for ease I will use the terms synonymously) is actually a really great method of working – for both the employee and the employer. I’m a staunch advocate for it, in the right place, with the right guidelines, for the right reasons and in the right roles.

My business partner stated in despair on reading the latest reported facts: “if home working is not effective then surely it is about the mind-set of the individual and how they apply themselves”. She agreed it may not be for everyone but wished as a nation we would “grow up and manage the individual, not manage and implement rules to the lowest common denominator”. Blimey it’s not often I hear her that riled on an HR matter!

So, instead of banning it in its entirety, tarring everyone with the same brush, let’s put some things in place to help make it work.

Educate and train managers and employees alike. It’s not surprising that unsupportive managers are cited frequently in the research as a real blocker to creating a flexible environment. Coaching managers is therefore vital and will help to produce a consistent and fair approach across the entire organisation.

Communicate the aims and benefits of flexible work arrangements. It’s imperative to encourage better communication between employers, managers and employees so that employees and line managers are aware of organisational policies. But please avoid long lists of policies and processes. One key policy and one easy to follow request process will suffice.

Regularly evaluate what is and isn’t working and share success stories. Take time to review where flexible working is successful and compare that to where it isn’t to understand the differences and to identify what is preventing them from working elsewhere. By sharing any success stories you will engage the reticent managers and hopefully encourage more managers to try it.

Track performance. Implement a means to demonstrate the employee’s performance/work rate, be that working from home or working flexibly. There will be less concern and suspicion where sales targets are set, or daily/weekly to-do list statuses are shared, or status reports completed. That way the organisation and the manager know and can monitor productivity. One of the main reasons cited by Yahoo was that when they reviewed login times they were inconsistent with expectations – so be clear with the employee, tell them what is expected and advise that you can, and will check.

Introduce other means of communication to help. This is a chance to use new technology – Google Hangouts, Skype, FaceTime or other forms of videoconferencing – which can be used to reinforce the connections and to bring the team closer together.

Trial it. If nothing else, a trial will demonstrate whether it will work or not. Give the team a chance to see it in practice and the manager a chance to properly assess whether it’s realistic and practical. This can be as short as a month or as long as six months. Review it, tweak it and move on, accept it, or go back to a more ‘traditional’ way of working. ‘Nothing ventured, nothing gained’ is my motto here.

Now, I personally would expect some give and take too. When I was returning to work on a four day week I did expect to be available on that fifth day. I wanted people to realise that I did take my work seriously and that I could and would be flexible, but that’s just me. Let’s be clear – a company can ask for that and try and mandate for it but it needs to be right for the individual too.

So, let’s go back to the original thought. Should flexible and homeworking be banned as we are managing to the lowest denominator, or with these simple steps can it be successfully implemented, be a useful tool for engagement and in turn increase commitment and productivity?

Read more:
Flexible & home working –to trust or not to trust?

I receive numerous email updates on proposed changes to employment law legislation. Often its dull, occasionally it’s hard to read, but once in a while there’s a really important piece that catches my attention. The example below is one that has caught my eye and I felt the urge to share given its potential to have a positive influence and impact on small businesses. It affects changes to the tribunal process, to potential claim amounts and to the settlement agreements themselves, so let’s have a look at each in turn:

Firstly there’s going to be an introduction of tribunal fees. I’m a staunch advocate for the tribunal process and I’ve helped many friends and individuals battle through the legal landmines when they have genuine issues and disputes. But, currently any disgruntled employee, or ex employee, can click on the HM Courts and Tribunals service website to find a claim form against your company and take you to a tribunal.

This can happen even when you know you have absolutely followed procedure and completed every possible challenge in the difficult employment situation you have found yourself in. It can lead to frustration, diverted senior managers, expensive solicitor’s fees and all manner of frustrations you can ill afford.

Tribunal fees are expected to be introduced by July 2013, so that when a person makes the claim online they will be asked to pay an initial fee for lodging their claim – an ‘issue fee’ – and then be liable for a subsequent ‘hearing fee’ if the claim proceeds to a full tribunal hearing.

The level of fee will depend on the type of claim. Examples are:

• A ‘level 2’ unfair dismissal or discrimination claim would be a £250 ‘issue fee’ with a ‘hearing fee’ of £950.
• An administratively simple ‘level 1’ claim would be £160 for the ‘issue fee’ but have a reduced ‘hearing fee’ of £230.

A full list of claims and their allocated fee levels can be found here in Annex C of the pdf called ‘Introducing fees in employment tribunals and Employment Appeal Tribunal – Consultation document’

While my gut reaction is ‘woo hoo,’ these should stop a frivolous claim, I can’t help thinking it may be a bit toothless given there is a caveat that those who genuinely can’t afford the fees can apply for ‘fee remission’. This applies to those who can demonstrate that through submitted proof of their financial situation, they are entitled to either a full or partial reduction. Given most claims are from people who have just lost their jobs, I’m sure many will try this, and be eligible.

Prior to the fees system being introduced there are proposed changes to the Employment Tribunal rules in April 2013. The reforms will bring in stronger case management processes, a new sifting stage to ascertain the legalities of the claim in the first instance, and changes to the claim forms (ET1 & ET3) themselves. With the fees introduction, and the proposed simplification of the Employment Tribunal rules I hope the difficult and time consuming Employment Tribunal process can be eased.

This brings me nicely onto another change – to the planned changes to ‘compromise agreements’. For those who don’t know, these are legally binding documents that settle all and every appropriate claim between an employee and usually ex employee in exchange for some cash – ‘settlement’. By introducing a statutory code of practice, the Government is hoping to simplify the process and have renamed the compromise agreement a ‘settlement agreement’ in their Enterprise and Regulatory Reform Bill 2012-13. The Government is aiming for the Code of Practice to be introduced this summer. The idea is that disputes can be settled BEFORE a formal dispute arises. There is legal protection from it being referred to in subsequent proceedings if the offer fails, and the employee may reject the offer with no fear that that will be used against them during any subsequent process (except in discrimination or automatic dismissal circumstances).

Personally, I welcome the change. How often do you find yourself in a situation when actually the best thing for all concerned is a parting of the ways – except you daren’t do that given the potential repercussions? The Code of Practice will include (non-compulsory) template letters, include best practice guidance on the when, the how and include a model settlement agreement. It remains to be seen how the lawyers of the UK will view them…

One thing the Code won’t do however is set a price or tariff of how much should be charged for negotiation of the final financial settlement. This aspect is still a matter for public consultation so watch this space.

Next there are discussions ongoing about introducing an early ACAS conciliation BEFORE a claim is lodged to tribunal. Currently ACAS must get involved after a claim is lodged. This would require the employee to contact ACAS to request it and then, if both parties agree, ACAS would conciliate for one month (which can be extended by mutual agreement for another two weeks) before any claim can go to tribunal. If the offer of early conciliation is refused then the employee can go straight to tribunal.

Which brings me to the final part – capping potential unfair dismissal compensatory awards in tribunal to the maximum of one year’s salary, or to the current maximum compensatory cap of £74,200, depending on which is the lower. Given the latest Ministry of Justice employment tribunal statistics showed that the average compensation payout for unfair dismissal was just £4,560 and only 2% of unfair dismissal awards exceeded £50,000, I’m not sure why this is being brought in, but I welcome any attempts to bring some sanity onto a fraught process as an employer. At least now the risks and potential liabilities may be easier to understand and calculate should this change actually come to pass.

No dates have been confirmed as to when these changes may happen, but is believed this summer 2013.

So, do you think these changes would positively impact disputes within your business? Tell us your thoughts by following us on twitter @3domSolutions.

Read more:
Employment Tribunal Changes

It’s about a world where a manager gets the chance to see things from the ‘12th dimension’ and is able to see and hear the motivating and empowering ‘zapp’ of leadership, and the pop and fizzle that comes when that attempt at leadership actually ‘sapps’ the energy, the motivation and the empowerment from the member of staff.

The book is about knights slaying dragons, about diamond mines and random mechanical objects. It features weird toads with horns and red painted finger nails running around on fire engines putting out the fires created by the ever increasing number of dragons that wander around the office corridors. Unless you are somewhat alternatively minded it may not be the read for you… but, there are some very powerful messages to be drawn from it.

For example, how familiar is this self-image? Do you rush in and take over when your team encounter a difficult problem? Do you believe it’s easier to do that than step back and ’empower them’ to resolve the issues? Or, how often do you respond with ‘oh we tried that before and it didn’t work’ when an employee comes up with an idea to solve a problem, consequently completely taking the wind out of their sails, or, how often do you talk over someone? How rude, they think and ‘sapp’, you suck a little of their energy away in each of these examples. There are so many other examples but you get the picture.

I admit I do it too, all too frequently as it happens! So what do we need to do to stop ourselves? Well, for a start we need to recognise when we are doing it – that’s always the first step in self awareness and addressing problems. Then, think about ways in which to respond instead to these commonplace reactions. I used to often say to a colleague when I was the HR manager in a manufacturing plant that he needed to ‘respond’ to situations he encountered on the shop floor as a supervisor. He would so often rather ‘react’ and address the issue all guns blazing, at 100 miles per hour ‘sapping’ people as he zoomed by (like the toad on the fire engine in the story).

But now you know how to spot a sapper what makes the ‘zapp’ happen? That lightening rod of support, encouragement and empowerment? Well the book references the following elements:

• Maintain or enhance self esteem
• Listen and respond with empathy
• Share thoughts feelings and rationale
• Ask or help and encourage
• Provide support without removing responsibility for action

We need to do this to enable our teams to do things for themselves and free up time for us to do the ‘things’ we are meant to be doing, instead of doing their ‘things’. For ‘zapp’ to work people need direction, knowledge, skills, resources and support. It’s pretty basic but in the ‘rush rush, busy busy’ of an average work place this is so easily forgotten, over looked or ignored as you ‘don’t have time’. But consider this – by ‘zapping’ you may actually give yourself more time.

As a leader, we should aspire to ‘lead’ not control (clues in the name right!?). And certainly never over control to the point where you disengage and ‘sapp’ people’s desire to do a good job for you and your company. Your role is to spread the ‘zapp’, protect your staff from ‘sappers’, share, coach and give your managers the skills they need to ‘zapp’, you should model ‘zapp’ all the times, and reward performance resulting from ‘zapp’. Easy right?

I get that it’s your business, your baby, your SME that you have nurtured and it’s grown to where it is through your control but my aim is to ask you to check if the level of control you are maintaining continues to be necessary and appropriate?

So are you a ‘zapper’ or a ‘sapper’? Take the Threedom Solutions Zapp vs Sapp Quiz next week.

“Zapp! The Lightning of Empowerment: How to Improve Productivity, Quality, and Employee Satisfaction,” by William C Byham and Jeff Cox

Read more:
Can you spot a zapper from a sapper

So to the final section of the puzzle in our updated SWOT…
(And in case you missed some here are the earlier parts by hyperlink – just click)

How to get the best out of your staff – part one – Staffing
How to get the best from your staff – part two – Workflow
How to get the best from your staff – part three – How to be Organised

We have looked at ‘Staffing’ and how critical it is to have the right people in the right roles with the right skills. We then went onto the ‘Workflows’ of the business and how a root to branch review of the key workflows could make your company more streamlined, efficient, and cost effective. Last week we discussed ‘Organisation’ and how taking time to consider your planning and preparation will get you organised to benefit your business. Now we need to consider…

Timing – by undertaking the other three elements listed above, and should you wish using a traditional SWOT in addition (Strengths, Weaknesses, Opportunities, and Threats), you need to ascertain and commit to the when, the how long and the how often.

Knowing what staff you have, what workflows you need to operate and then organising the actions will go a very long way to identifying these. It’s time to have a frank talk with the interested parties, the key stakeholders, and the staff involved to agree and work towards the new strategy and direction you have clarified or created.

Going through any review of a business can be an exhilarating thing. It can bring back a positive buzz to you, your managers and the staff alike. But not setting clear target dates, not following up on the actions you have set and not sharing your results can destroy all the hard work and commitments you have made. It’s back to setting traditional SMART objectives – making the actions ‘time framed’.

There’s nothing worse than setting off on a project to review your workflows, all steam ahead than getting sidetracked and without a target date having nothing to bring you back in. So many projects fall by the wayside like that. By ensuring a time and date it helps focus you and commits everyone to the task at hand.

One word of caution however – please don’t let the excitement of the process carry you away. Remember to be realistic. Commit to a tangible timeframe by articulating what you really mean and ensuring it is possible the timeframe becomes solid, real and valid.

I’m not providing solutions in this updated SWOT, rather giving you food for thought and a new means in which to question your business and seek answers.

At Threedom Solutions we like to use this to start the conversations, to guide the company we are helping through the discussions and to help identify and solidify an outcome.

We use various tools with this – such as a Future Wheel and our Motivation Quiz to help, but more of those another time. Your business is unique to you, with so many variations so why not use this updated SWOT to get your bespoke answers.

Read more:
How to tighten up your Timing

WE’VE been looking at an alternative way to review a business and help undertake a strategic review over the last couple of weeks in the form of an updated SWOT. This week it’s the turn of the ‘O’, but instead of ‘Opportunities’ we have ‘Organisation’. (See the hyperlink for the previous parts to our alternative SWOT.)

How to get the best out of your staff – part one – Staffing
How to get the best from your staff – part two – Workflow

Organisation –no not your organisation (company), rather being organised. How many of us pick up that piece of paper, and move it around the desk before popping it back down? Do you open that email, skim it and think ‘I will go back to that’? Do you have a ‘to do’ list but never actually consult it as you’re too busy in the now being busy?

Organisation and reviewing it is about addressing that common business situation of being too busy, too overwhelmed by a lack of time, space and energy to set goals, give direction and be proactive. It’s about sitting down and committing to changing that one thing that would make the biggest difference within your administration and organisation processes. If you desire a 10 out of 10 result, and feel you are only at a five, what does a plus one to get to six look like? I’m all about evolution not revolution – after all let’s be realistic here!

Whilst working in a large American owned company they extoled the vurtues of a ‘5S’ philosophy when ensuring organisation. This is the Japanese seiri, seiton, seiso, seiketsu, and shitsuke which, when translated, converts to sort, straighten, set in order/shine, standardise, and sustain. It’s about distinguishing what is needed and unneeded in your work, and then eliminating what isn’t, and putting those needed items in a recognised place. Next is to keep the work areas neat and tidy and clean. Standardising and sustaining is then about making these actions habitual and maintaining them. This is a great philosophy to utilise in any work environment.

The nice thing about organisation is that it too, in turn, links with our previous week’s review of your company’s ‘workflows’. By focusing on your workflow you have already started to get order and from order comes organisation.

I’ve worked with one company in this way where the managing director took the brave stance to admit he was doing all the administration himself. He said it was ‘bogging him down’ and taking his focus away from the key task of selling his business – especially at the end of every month. He identified what paperwork he HAD to do and what he could delegate. Then he recruited a part time assistant to lighten his load and allow the refocus he needed. It’s not rocket science, but it’s often the easy solutions that we miss when our heads are down and our energies completely swamped. I appreciate in these tough economic times not everyone has the luxury of being able to take on extra staff but he really believed, and subsequently it has been proven, this was the best solution for him.

So here are a few top tips on how to get organised in your working day

• Limit email checks – if you can check them only once an hour, or better still only three times a day. Nothing saps your time than constantly being diverted when that alert pops up in the bottom corner of your screen so turn that off too. An interesting fact is that an average person apparently spends up to three months per year processing their emails! If that doesn’t spur you into email action I’m not sure what else will!?

• Deal with matters only once – how often do you read an email and think ‘I’ll do that later’ or pick up a letter only to put it back down on a different part of your desk? Also take the time to do one thing at a time, and do it right the first time.

• Put aside time to organise – only needs to be an hour or so each week to get organised, clear out your inbox, file, do your expenses and check your diary for the following week. This will save you time in the long run.

• Use the 20/80 rule – use the first 20% of your day to tackle the most important tasks; get them out of the way as it were so if you do get waylaid or distracted the important stuff is done. It’s the old adage of ‘Eat your Frog’ by Brian Tracy

• Build a ‘5S’ attitude into your workflows

So if you could organise yourself to change just one thing what would it be?

Which brings us to the final section of the puzzle, next week Timing

Read more:
How to get Organised

For those of you who missed last week’s discussion I began to consider an alternative way to review a business and help it with a strategic review in the form of an updated SWOT. For our version, we swap the traditional internal Strengths and Weaknesses and the external Opportunities and Threats with the more practical Staffing, Workflows, Organisation and Timing areas instead. Last week’s article can be found here How to get the best out of your staff – part one

This week it’s the turn of:

Workflow – this is about assessing whether your work processes are sufficient, efficient and effective. The old adage of ‘if you fail to plan you plan to fail’ comes into play here. I shouldn’t assume every company plans, but in reality do you all? Sure you plan production, you aim to meet deadlines and targets, but do you really plan?

Frequently we go into manufacturing companies and start this very discussion – what planning do you do? More often than not, we are told ‘oh yes we plan, there was a planning meeting every day, but it lasted for hours so we canned it’. On delving into why, a common answer was because they had no ‘plan’ to the meeting, no direction and no order to what they talked about, why they talked about it and how they moved the issues forward. We introduce a basic agenda, or process as it were, of

• Review of the previous day – what went well and what went wrong
• Plan for today – materials/staffing/other
• Future requirements – materials/staffing/other
• AOB

The meetings get back on track and you have introduced a means of tracking and planning and ensuring the workflows are followed.

Within any planning comes the workflow – a full review of the processes in the company. If you don’t have time for a full root and branch review can you identify and agree the key processes and break them down into their components with the mantra of ‘is it absolutely necessary to the process’? If not, can you re-engineer the process to remove an often time consuming step that has no ‘value added’ appeal?

I just love the phrase ‘well we’ve always done it this way’ coupled with the bemused face of a member of staff when you start this questioning. That’s when you know that this process is likely to be outdated, and over complicated for its modern use and it’s time to change the workflow.

I worked in a US-owned firm that brought Six Sigma into this review process, and while it’s often perceived as an overly complicated process with lots of formal tools, statistical analysis and strategies for workflow review and process improvement it has some straightforward components that anyone can use.

For example, the ‘Business Process mapping’ – the listing of every part of a process and how they link and follow through, with a resultant visual diagram which uses arrows (direction of workflow and connector), circles (start or measurement), diamonds (decision or if slanted – data), boxes (process, activity or operation), and ovals (alternative process) to see and assess the flow.

Or why not try ‘The 5 whys’ – a means of breaking down a problem. It uses the understanding that asking in five different ways is generally sufficient to get to the root cause. For this to really work though you have to follow a direct the chain of cause rather than fall into assumptions.

Or finally the basic DMAIC acronym of Define, Measure, Analyse, Improve and Control – an updated version of the old Plan-Do-Check-Act cycle.

But please remember to engage your staff in the changes, to get their buy in and also to ensure that the final result is within their skills and abilities so you don’t de-energise them, instead of re-energising a process.

A key benefit from understanding your workflows, and improving where needed, is to gain a better understanding of the business situation and in turn your staffing requirements. It’s obvious how they link together.

So which workflow do you think needs addressing first?

Read part three of The Threedom Solutions alternative SWOT© analysis next week – the impact of Organisation – not the company itself, rather the ‘doing’ word of being organised.

For more help and advice about HR issues or employee development contact us at www.threedomsolutions.co.uk or follow us on twitter @3domSolutions

Read more:
How to get the best from your staff – part two.

We’ve been working with a couple of great small businesses. One is a software consultancy and the other is a small manufacturing organisation. Each of them want to focus on the future and each is looking to develop their business based on, and supported by, their staff.

My first thought was to rely on old faithful the ‘SWOT’ to get the job done. For those who have been asleep for the past 50 or so years, that’s the notion credited to Albert Humphrey in the 1960s as a means to identifying the internal Strengths and Weaknesses and the external Opportunities and Threats to help your business to plan and develop. However, SWOT can be perceived as ‘old hat’ and dull, dull, dull. So, this set my mind racing. Is there a more relevant version for today’s businesses that is practical and yet maintains a link to the original idea? Of course there is and it’s this – the Updated SWOT of Staffing/ Workflows/ Organisation/ Timing.

Staffing – do you have the right resources; the right number, working at the right level of productivity, in the right roles, with the right skills and attitude, to the right timeframes? If you consider the 80/20 Pareto principle, that 80% productivity comes from 20% of your workforce, have you the right 20% in place, or the potential talent there to ensure that 20%?

You should also consider another 80% in your staffing plan, that you ‘man up’ for approximately 80% productivity so that you have sufficient resources. However you need to discuss and consider how to smooth out the peaks and troughs within that guide, and, if you are unable to, where the extra resources can come from when you need them.

The manufacturing firm I’m working with is really busy from Easter onwards. The order book rapidly increases and production struggle to keep up. This is in contrast to the periods immediately before and after Christmas which are so quiet they struggle to keep the staff focused and utilised. Until recently, their solution was to take on temporary staff to cover the peaks and then let them go when the trough starts. Great they thought – job done. However, when talking to the supervisors about the main things they would change if they could, they suggested maintaining experienced staff to prevent the loss of production when temporary staff started. It offered consistency of manufacture and reduction in error rates. So, how else could the company meet the needs of the business? They thought about taking on ‘summer students’ and training them fully and asking, even committing, the same ones to return in subsequent years – an almost ‘apprenticeship’. Now there’s a novel approach brought about through a staffing review.

Another consideration with staffing is looking at their development requirements. I ask managers if their staff have the right skills, next I challenge the managers to consider if the staff are using those skills appropriately and if not how the staff can be coached and guided to. Often development is dismissed as ‘costly training’ and when times are hard it is the first thing to be slashed in budget cuts. But there are alternative ways to bring about change. Does a member of the team already have those skills? Can they be persuaded to teach the others? What ‘on the job’ experiences can you facilitate without putting the core business in danger? In those lean times, instead of layoffs, can you reskill or multi skill for when the economy does start the full upturn? Do you need to do key presentations? Maybe you need to hold ‘dress rehearsals’ to calm those nerves and hone the skills. Just some food for thought.

Read part two of The Threedom Solutions alternative SWOT© analysis next week – the impact of Workflows to assist business planning.

Read more:
How to get the best out of your staff

HR policies and procedures often feature fairly low down on companies’ list of priorities and at Threedom Solutions we understand that. There are so many variations and suggestions for HR policies and procedures but we believe that there are 15 key policies/documents you need to be legally compliant. We refer to them as the Threedom 15, and they go some way to protecting you in this ever increasing litigious society. Let me walk you through them below with a short explanation as to why.

1 Contracts of Employment
Not just a policy on having them, but actually HAVING them helps. These are a must-have within two months of the start date containing the main Terms and Conditions of employment, and referencing the various policies (ideally the ones listed below), collective agreements if applicable and directing your employee to other key documents they need to be aware of.

2&3 Discipline & Grievance
These should outline the company’s disciplinary, grievance and dismissal procedures. This is a statutory necessity.

4 IT usage
We find it’s always best to let your staff know up front what they can and can’t do – right? Especially in this day and age with the lures of social media such as Twitter/Facebook/LinkedIn and the temptations of the Internet.

5. Job Specification and personal profiles
As with the contracts, this is about HAVING these documents – they need to be bespoke, relevant and up-to-date. How can you measure an employee’s performance and either praise or take action if you have never told them what is expected of them?

6. Performance Management
This must be closely linked to the above – it provides the means of how to deal with any issues, in a clear and upfront manner.

7. Managing Probation Periods
Likewise – it is critical to set out the expectations and standards of behaviours, work and attitude for all new employees. This policy should help guide them and the managers undertaking any reviews as to what will be managed, how it will be managed, how it will be recorded and why.

8. Data Protection Policy
This is one that is often missed – it’s assumed to be someone else’s remit but boy, oh boy is it important. It’s not just about what you store, but how you store and safe guard it – both for your employees and also your customers. Failure to do so could lead to a huge loss of customer goodwill to say nothing of the potential fines. The Information Commissioner is able to fine up to £500k for third-party related data losses or exposure. Now I know that’s an extreme figure and any penalty is decided on according to circumstance i.e. the level of data loss and existing prevention measures in place, but obviously any substantial fine is enough to seriously impact your company’s future.

9. Equal Opportunities
The introduction of the Equality Act in 2010 brought together all the acts and laws in relation to discrimination and harassment, therefore it is more critical than ever to make sure your staff know what they can say and do, or, as importantly, what they can’t or shouldn’t.

10. Sickness Absence & Sick Pay
This speaks for itself – a chance to tell your staff your attendance requirements (or hopes in some cases!) and then payment terms

11. Holiday entitlement
As above

12. Appraisal Policy
This one is frequently seen as a ‘nice to have’ rather than necessary but we should be keen to encourage staff, guide them in their roles and then support them in making any changes

13-15 Health and Safety Policy Document incorporating Accident Reporting & Risk Assessment process
This is the basic information telling staff what you must do to make sure your business complies with health and safety law. It will help you decide who’s responsible for health and safety, guide on how to manage the risks, consult employees, provide the right workplace facilities, make first-aid arrangements and report accidents

Obviously the actual numbers of available and possible policies are much greater – almost infinite but these are the ‘must haves’ in our opinion

So are you compliant?

Read more:
A ‘must have’ guide to HR procedures & policies

So, here I’ll offer some alternative SMART objectives for you to lighten and brighten the load – to be used in conjunction with the traditional version – after all there’s no point throwing the baby out with the bathwater now is there!?

TRADITIONAL                             ALTERNATIVE
S      Specific                                   Simple
M    Measurable                                Meaningful
A    Agreed/Achievable                      Alibi
R    Realistic                                     Ranked
T    Time bound                                 Tangible

Simple – By making objectives simple you are more likely to get the all-important buy in from all involved. ‘Improve housekeeping’ – might be a little too simplistic though, hence my caution to use in conjunction with the traditional version.

Meaningful – I had a boss who targeted me on his objectives! I had little interest nor any intention in making his bonus payment aspirations come true (no really, I had NONE!) so make sure they mean as much, if not more, to them than they do to you

Alibi – give the objective a reason, a defence, an explanation and a justification as to why it is important. This is again critical when looking to gain the agreement and achievement of the target you have given your staff

Ranked – order them; assign an order of priority, an idea of criticality and importance. This helps focus the mind of the order of things and often how they are linked

Tangible – make it actual, touchable and very real; help those staff whose processes are, & processing is, stimulated most by a sense of touch. By articulating what you really mean and ensuring it is possible the goal becomes solid and real and valid.

So what are your objectives going to be for 2013?

Read more:
The ‘alternative SMART’ objectives