HR Best Practice, Advice and Support

Could this see the end of spurious Employment Tribunal claims?

2012-01-23T17:38:00.000Z

The Government has outlined two options for the introduction of fees in order to take a claim to an Employment Tribunal.

Option one is that an initial fee of between £150 and £250 will need to be lodged for a claimant to bring a claim, with an additional fee of between £250 and £1,250 if the claim goes to a hearing, with no limit to the maximum award a tribunal could grant. Option two is a single fee of between £200 and £600, but this would limit the maximum award to £30,000, with an option of an additional fee of £1,750 for those who are looking for awards above this limit.

In both of the above options, the tribunal would have the power to order the unsuccessful party to reimburse fees paid by the successful party.

Published statistics show that there were 218,100 claims via the employment tribunal system in 2010-11, an increase of 44% on the year 2008-09. The estimated cost to the tax payer rose from £77.8 million to £84 million over the same period.

Justice Minister, Jonathan Djanolgly, said “Currently, the UK taxpayer bears the entire £84 million cost per year of resolving other people’s employment disputes at tribunals. This is not sustainable. We believe that people should pay a fair amount towards the cost of their case. Fee waivers will be available for people on low incomes to protect access to justice. Our proposed fees will encourage businesses and workers to settle problems earlier, through non-tribunal routes like conciliation or mediation and we want to give businesses, particularly small businesses, the confidence to create new jobs without fear of being dragged into unnecessary actions”.

The consultation will continue until March 2012. If approved, the intention will be to introduce fees no earlier than 2013-14.

I, for one, hope the introduction of fees will act as a deterrent to those who decide to 'chance their arm' and bring a claim unnecessarily.

Happy New Year - Are you ready for the forthcoming changes in Employment Legislation?

2012-01-05T15:45:00.000Z

Well, it's the start of another year and, as always, things don't stand still when it comes to HR matters. Important new employment legislation has already been announced and I will be updating you on various topics in the coming days.

Let's start with one of the most significant changes, which will come into force on 6 April 2012. The qualifying period for unfair dismissal protection will increase from one year to two. The Government has said this is intended to "provide more time for employers and employees to resolve difficulties, give employers greater confidence in taking on people and ease the burden on the employment tribunal process".

Don't get complacent though. This is certainly not a green light for employers to avoid adopting best practice when it comes to their staff and HR matters. And don't forget, certain criteria are protected from day one of employment so make sure you are getting correct advice.

Employers get the best out of their staff by treating them properly, investing in their careers and encouraging teamwork. Do you want to be an employer of choice in 2012? Then it's time to engage with your workforce.

Record £4.5m damages awarded to Doctor forced out of her job following maternity leave!

2011-12-20T17:39:00.001Z

A record payment of almost £4.5m has been awarded by a UK Employment Tribunal to Dr Eva Michalak, who was forced out of her job following her maternity leave. Dr Michalak is reported to have been 'profoundly traumatised' by 'years of psychological abuse' to the extent that her husband had to give up his job as a scientific researcher in order to look after her. Dr Michalak said of her employer 'They destroyed my life, my health and my career. Their dishonesty was staggering'.

The Employment Tribunal said 'We are positively outraged at the way this employer behaved. The claimant was subjected to a campaign, suspended, had her suspension unnecessarily prolonged and was then dismissed for a reason that related to her pregnancy. She has lost her role and status. She is never going to return to work as a doctor, a profession she cherished'.

Dr Michalak's husband said 'This payout is not a win. All she ever wanted was to work'.

The amount of the award has shocked many. The fact that an employer would behave in this way has shocked many more. Whilst claims for race or sex discrimination continue to be uncapped, this should be a warning to any unscrupulous employers out there!

Want to know how the figure was reached? Click here.

First person convicted under the Bribery Act 2010 - and the sentence is custodial !

2011-12-05T17:04:00.000Z

Although the legislation is called the Bribery Act 2010 it only came into effect earlier this year, 1 July 2011 to be precise, but already we have seen the first conviction and it carries a custodial sentence!

Munir Patel was convicted of bribery and misconduct in a public office after admitting that he received a bribe in his role as an administrative officer at a Magistrates' Court.

Patel pleaded guilty at Southwark Crown Court to requesting and receiving £500 to 'get rid' of a speeding charge and to other similar misconduct and offences. Patel was sentenced to 3 years for bribery and 6 years for misconduct in a public office, to be served concurrently.

The decision of the Crown Court should dispel any thoughts that this Act does not need to be taken seriously. Do you have policies in place to ensure you are compliant with this legislation and have your staff been trained? The warning of a possible custodial sentence should be a deterrent to anyone considering committing an offence which is covered under anti-bribery and corruption legislation.

Business Secretary, Vince Cable, announces proposed changes to Employment Legislation

2011-11-24T18:00:00.000Z

Yesterday, the Business Secretary, Vince Cable announced important changes to Employment Legislation. As had been widely predicted, The Government confirmed that from April 2012 the qualification period for unfair dismissal will be increased from one year to two.

The announcement also confirmed changes to the Employment Tribunal system. It is expected that anyone wanting to bring a claim via an Employment Tribunal will have to lodge a fee when registering their claim, then pay a second fee to take the claim to hearing. Also under the proposed changes, all employment disputes would be required to go to Acas for mediation before proceeding to a tribunal. These proposals are expected to ensure claimants "consider seriously the validity of their claim" before proceeding.

Significant changes are also proposed regarding the dismissal process in micro-businesses (those organisations with less than 10 employees). Cable said "Many employers still feel that employment law is a barrier to growing their business. We're knocking down that barrier today - getting the state out of the way, making it easier for businesses to take on staff and improving the process for when staff have to be let go"

However, Cable also stressed the following by saying "Let me be clear: we are not rebalancing employment law simply in the direction of employers. Our proposals strike an appropriate balance and we are keeping the necessary protections already in place to protect employees. Our proposals are not - emphatically not - an attempt to give businesses an easy ride at the expense of their staff." Cable went on to say "We know that disputes at work cost time and money, reduce productivity and can distract employers from the day-to-day running of their business. Tribunals should be a last resort for workplace problems, which is why we want disputes to be solved in other ways". Amen to that last paragraph!

With apologies to Employment Lawyers everywhere but I have seen the impact Employment Tribunals have on individuals and businesses alike and I agree wholeheartedly that disputes should be resolved without recourse to a Tribunal. Having in place effective and positive HR processes is the first step to making sure this happens.

The Festive Season is fast approaching - are you ready!?

2011-11-21T16:48:00.002Z

Are you having a Staff Christmas Party this year? - If so, this is the time of year when HR are traditionally bombarded with questions about it. Many companies find this a minefield and worry about breaching numerous employment laws around this time. It's true, the staff Christmas party can be fraught with difficulties but, as always, my advice is to apply a little common sense.

Christmas is a religious festival (although in these days of commercialism this is sometimes forgotten!). However, the staff Christmas party is generally seen as a way of thanking staff for their hard work and commitment rather than as a religious celebration. If you make this clear in communications about your party you should not offend non-Christian employees.
Be mindful of staff who do not drink alcohol, either by choice or religion, and select the venue/theme for your party carefully in accordance with your workforce. Make sure non-alcoholic drinks are available.
There is no doubt that alcohol can play a part in unwanted behaviour which could be deemed as harassment or discrimination. Ask someone responsible not to drink alcohol at the party so they can monitor, and deal with, inappropriate behaviour if necessary.
Make sure that different dietary requirements are catered for, whether on the grounds of preference or religion.
Think about the timing of your party - does it discriminate against particular groups, eg Orthodox Jews who have to be home an hour before dusk on a Friday for the start of their Sabbath.
Your chosen venue should have adequate health & safety procedures in place but it is wise to check this yourself ahead of the event.
Make sure physical assistance or adjustments are in place for disabled staff.
Finally, remind your staff that they will be representing the company when at the party and therefore your policies still apply with regard to appropriate behaviour and what will, and won't, be tolerated.

You need to get these messages across to staff in a positive way so everyone has an enjoyable event but you ensure you are complying with employment legislation and your Company is covered in the event of things getting out of hand!

Happy party season everyone.

Give me a break!

2011-10-20T10:53:00.001+01:00

"Another sunny day has come and gone away in Paris or Rome and I wanna go home ......."
As I listened to the dulcet tones of Michael Buble drifting through my iPod the last thing on my mind was wanting to go home.

Sitting in the glorious Majorcan sunshine, looking out over olive groves across a cloudless blue sky to the pine clad mountains in the distance, why would I want to go home!? For one lovely week I was able to escape the persistent rain back home and completely recharge myself. So, now I'm back and ready to start work again with renewed vigour.

It's a fact that we all work better if we are able to escape our normal routine for a while. We all have different ideas about how to spend our leisure time, whether it's trekking in the hills, lazing in the sun, spending time with children / family / friends or just decorating the hall. However you chose to relax, taking time off work is vital to your well-being.

So, to all responsible employers out there, now is the time to check the holiday records of your staff. If some of them haven't had a break for a while, it's time to encourage them to do so. Especially if you have a 'use it or lose it' policy regarding holiday entitlement.

If your staff have a good balance between their work and personal time they will more than likely repay you by being happier, healthier and more productive.

Increase in the National Minimum Wage

2011-09-30T10:50:00.000+01:00

With effect from 1 October 2011 the National Minimum Wage will increase as follows:

the main rate for workers aged 21 and over will increase to £6.08
the rate for 18-20 year olds will increase to £4.98
the rate for 16-17 year olds will increase to £3.68
the rate for apprentices under 19 years old, or over 19 years and in the first year of their apprenticeship, will increase to £2.60

Now is the time to review your salaries to ensure you are still complying with legislation.

Do your staff enhance or damage your business reputation?

2011-09-15T14:25:00.000+01:00

Yesterday was an interesting day. The Transport Minister has referred to rail travel as a 'rich man's toy'. Well I am neither male nor rich but I forked out for a first class ticket from Manchester to London for a 'women in business' trip to Westminster and the Houses of Parliament.

The train journey, both there and back, was anything but a first class experience. The staff on the outbound train were, at best, surly and disinterested and at worst, just plain rude. The breakfast, however, was good so that was some compensation.

On the return trip, 20 tired but happy ladies boarded the train at Euston and took up our reserved seats in 1st class, only to be told by the train manager that there was no food or provisions for us, other than tea or coffee, because we weren't expected. So how does that work when you have a seat reservation? The staff on this train, to their credit, coped very well with our complaints and did their best to pacify us. Eventually, after much protestation from 20, now unhappy, ladies some wine was conjured up, along with the odd can of coke, packet of crisps and piece of cake.

Compare this then with the staff at Westminster. The catering and security staff were exceptional. Totally professional with impeccable manners but friendly and approachable too. A difficult balance, expertly achieved. Lunch on the terrace at Westminster overlooking the river Thames was a joy. As was the opportunity to speak to the small number of MPs who graced us with their presence. What a pity the Transport Secretary was nowhere to be seen!

The Agency Workers Regulations are only a couple of weeks away - are you ready?

2011-09-13T17:17:00.000+01:00

With effect from 1 October 2011 the regulations relating to agency workers will change, bringing with them implications for both the agencies who supply staff and the companies who utilise their services.

From day 1 of appointing an agency worker you must give them access to facilities such as a staff canteen, a workplace crèche, staff common room, prayer room etc, as you would a permanent employee. In addition, you will be obliged to give agency workers access to information regarding job vacancies within the business.

After 12 weeks the agency worker will be entitled to equal treatment in relation to pay and other basic working conditions, such as annual leave/rest breaks, as your permanent employees. In addition, pregnant agency workers who have completed the 12 week qualifying period will be entitled to paid time off for ante natal appointments.

The regulations are comprehensive. There are some exceptions to the above guidelines and the 'qualifying clock' relating to the 12 week period will stop in certain circumstances. However, in others, the qualifying clock will only pause.

Whether you are a regular user of agency workers, or only an occasional user, you need to make sure you are up-to-date and compliant with the new legislation. Don't get caught out. If in doubt, seek advice.

Mindless vandalism and violence against innocent victims!

2011-08-10T13:53:00.001+01:00

I have my own, very strong, views about the mindless vandalism and violence occurring across the UK, however, as you would expect, I also look at this from an employment point of view.

Most of us will, no doubt, wish to adopt a 'business as usual' approach to send a clear message to those who have instigated this disruption to our Country. For some, this will be impossible because of the extent of the devastation to their homes and businesses. My heart goes out to you.

I left Manchester yesterday about 10 minutes before the violence escalated in the City centre. Salford was already under siege and the roads were grid-locked. I can't begin to put into words my thoughts on this. I feel for everyone touched by these senseless acts. Who could not fail to react to the images of a woman jumping from a burning building, hopefully into the arms of those waiting below. The sight of the delightful patisserie, a relatively new business, which brings a touch of European flair to Manchester City centre once the vandals had finished with it made me feel very sad.

So, what can employers expect in the coming days? Staff will naturally be worried for their safety in areas that have already been targeted. Others will suffer disruption to their journeys to and from work because of the impact on public transport and the road network. I recommend that employers adopt a flexible approach during this time. Most of the riots have occurred from late afternoon. Allow staff to finish earlier in order to get home safely. Give them the option of making up the time or, if appropriate, working from home. If August is historically a quiet month for your business, consider allowing more staff to take holidays.

For those businesses that cannot open because of damage to premises, consider if staff can be redeployed to alternative duties. Will they help with the clean-up? Check your employment contracts to see what flexibility there is.

Business has to continue - and in the current economic climate, this is the last things any business needs. However, your safety and that of your employees should be paramount.

Let's hope we've seen the worst of this dreadful situation and we can all get back to normality and feeling safe in our homes.

Networking works!

2011-07-20T18:16:00.001+01:00

Today's message is short and simple - networking works!

It's been a while since I last blogged. Apologies, I've been busy networking and then doing the work that has resulted from my efforts.

Networking doesn't have to be daunting, just ask Will Kintish, it can be fun!

When you land a new job or client it is very rewarding. I've made some great contacts through networking and met some really nice people. In the last couple of months I've been appointed by 3 new clients, all of whom I'm delighted to be working with and all of whom I met through networking. The feedback from them is that they are delighted with the services I have provided. One of these clients has already recommended me to one of their clients, who have also appointed me. And so it goes on ........

So what are you waiting for, get out there and mingle!

Unemployable at 50!

2011-06-20T12:04:00.011+01:00

I read in the weekend papers that if you are aged 50+ and currently out of work chances are you won't work again - what!? Has the world gone mad?

It is widely reported that we are living longer, healthier lives. We are often told that '50 is the new 40'. Someone should tell that to the world of business. I, for one, would never overlook the wealth of talent and experience that the 50+ age group bring to employers. Look around your own social circle / family / colleagues and consider those in this age group and how much they offer to business.

There is also the small issue of employment legislation - perhaps we should remind employers that it is illegal to discriminate against a person on the grounds of their age, be they young, older or in between.

Yes, of course, we have to make way for younger people coming in to the world of work but let's recruit sensibly and match people to the position on offer.

If your business is in the fortunate position of expanding, or recruiting for whatever reason, I urge you to tap in to the wealth of talent and experience that is just waiting for another opportunity to get back to work!

Love it or not, Wimbledon is around the corner

2011-06-17T10:52:00.024+01:00

Wimbledon is almost upon us and employers are anticipating increased absenteeism or requests for time off so staff can follow the tournament. Sensible employers are adopting a flexible approach during the Wimbledon fortnight. Some companies will screen matches in the workplace. Introducing a flexible approach for those who do follow the tournament, allowing staff to alter their start or finish time and to make up time off, will no doubt improve morale.

Whatever your thoughts are on Wimbledon it is one which many people look forward to. It is only around for 2 weeks and most businesses can make an effort to be flexible for such a short period.

Anyone for tennis!?

The Bribery Act - are you prepared?

2011-05-19T12:16:00.000+01:00

The Bribery Act comes into force on 1 July 2011 so what have you done in preparation for this new legislation?

Do you know what the Bribery Act covers and how it will impact on you and your business?
Do you have policies and procedures in place to help protect your company?
Are you worried about the impact this may have on your corporate hospitality planning?

Make sure you have robust policies in place to help protect you in the event of being challenged under the Bribery Act. Penalties can be severe and may include imprisonment for up to 10 yrs.

Act now - make sure you know what the implications are and you are prepared for them!

What a month April was!

2011-05-08T15:52:00.000+01:00

April has long been one of my favourite months. It is the month of my birth and when nature is reborn in a spectacular display of spring flowers and cherry blossom. The nights are longer and there is a promise of warmer days ahead.

And wasn't this April fantastic - a raft of bank holidays, superb weather (officially the warmest April on record!), oh, and that wedding! Whatever your thoughts about the Royal wedding you have to agree that, when it comes to pomp and pageantry, we Brits do put on a great show.

So now we are in May and it's back to business as usual for most of us. Whatever challenges face you in the coming weeks and months I hope, like me, you are tackling them with renewed vigor!

More changes to employment legislation

2011-04-07T14:36:00.001+01:00

In addition to the changes in Paternity Leave and statutory payments (detailed below) here are some more significant changes to employment legislation that become effective this month:

6 April - legislation allowing employers to retire an employee at the age of 65, on the basis that he or she has reached the default retirement age "DRA", is repealed. The 'phasing out' process commenced on 6 April and the DRA will be formally abolished from October 2011.

6 April - Positive action (part of the Equality Act 2010) comes into effect and permits employers, in defined circumstances, to appoint or promote a person with a protected characteristic in preference to another person who does not have a protected characteristic.

And some expected changes that will not now take place this month:

The Bribery Act - now expected from 1 July 2011

Flexible Working - age criteria will remain unchanged

The Equality Act 2010 - dual discrimination provisions will not now be implemented

Study leave and training - extensions to the right to make a request in relation to study or training will not now be implemented.

Employment Legislation Update - are you ready?

2011-04-04T16:20:00.000+01:00

If you read my blog earlier this year you will know that a major change in employment legislation becomes effective this month and you should be prepared for it. If you didn't read it then here is an update:

As of yesterday, 3 April 2011, new fathers can take a minimum of 2 weeks and a maximum of 26 weeks additional paternity leave in circumstances where the mother of the child has returned to work before the end of her statutory maternity leave and the expected week of birth (or notification of being matched for adoption) begins on or after 3 April 2011.

The same rights will apply to an employee whose partner, whether of the same or opposite sex, has taken adoption leave and returned to work before it has expired (subject to the above qualifying criteria).

Also this month, statutory maternity pay (SMP), statutory adoption pay (SAP) and statutory paternity pay (SPP) will increase from £124.88 to £128.73 per week. The earnings threshold for these benefits will increase from £97.00 to £102.00.

If you haven't already amended your policy, this needs doing now!

More changes come into effect on 6 April - updates coming shortly!

Think Small !

2011-03-30T17:00:00.001+01:00

"Think Small First", this is the title of a new report by The Confederation of British Industry (CBI). The report outlines its proposals on employment law to boost small and medium-sized enterprises (SMEs) and is looking to the Government to tackle regulation that prevents these businesses from creating jobs and growing.

The proposals include speeding up the tribunals system, providing clear guidance in the absence of a default retirement age, introducing the right to an annual review of flexible working so that companies can manage competing requests fairly and agreeing a return date with employees going on maternity leave so that firms can plan more easily.

The CBI Director-General, John Cridland, calls smaller firms “job-creation dynamos” but 60% of SMEs say employment regulation are a barrier to job creation as it has a “disproportionate impact” on them. Mr Cridland explained: “Much employment law fails to recognise that private and family-run firms don’t have dedicated human resource teams and tend to manage staff in an informal way. The size and nature of these firms makes them strong advocates of flexible and family-friendly working, and the Government should build on this success.”

I couldn't agree more with Mr Cridland. Many SMEs don't have a dedicated human resources team to help them through the plethora of legislation and they can get themselves into severe difficulties as a result. I count myself lucky to work with many of these private and family-run companies and I empathise with their frustration with legal practices that are constricting for smaller businesses. I agree that legislation is essential to protect both the employer and the employee but it should be proportionate and allow flexibility to enhance growth and development.

I love my job

2011-03-16T14:00:00.001Z

No really, I do!

Today's blog is prompted by a testimonial I received from a client last week. Rachel Owen of Ribble Valley Cleaning is a delight to work with. She is entrepreneurial and her rapidly expanding cleaning company has bridged the gap between the domestic and commercial markets. Before appointing me as her HR Consultant Rachel had spent hours trawling through the internet trying to establish what she should be doing in terms of HR. To Rachel's credit she had done quite a lot for herself and had put in place contracts of employment for her staff, however, they were generic and did not cover her needs. I quickly brought Rachel up-to-date with bespoke documents and made sure she is compliant with employment legislation.

As you will see from the testimonial, Rachel is happy to have delegated her HR requirements and I know she feels this is a pressure removed which will allow her to concentrate on what she does best, running and expanding her thriving business. For my part, I know Rachel is getting expert advice and guidance whenever she needs it and I'm delighted to be a part of her enterprise.

My job brings me into contact with people and companies across a wide spectrum - it is always interesting, often demanding and hugely satisfying.

As I said, I love my job!

My heart goes out to Japan

2011-03-14T09:35:00.000Z

I watched with horror the news reports showing the destruction in Japan following the earthquake and resulting tsunami that has devastated their land. I cannot begin to comprehend what the people of Japan must be experiencing. Tens of thousands of lives lost in an instant and whole towns washed away. How do you begin to recover from such devastation?

We, the human race, like to think we have control over this planet of ours but, yet again, Mother Nature has proven that she is very much in charge.

My heart goes out to the Japanese.

Employment Tribunal system broken!

2011-03-09T17:08:00.000Z

This is the message from the Chartered Institute of Personnel and Development (CIPD) following their survey of more than 200 senior CIPD members with employee relations interests.

The report found that 61% of those surveyed have experienced an employee claiming unfair dismissal and "tagging on" a discrimination claim (which is uncapped) in the hope of getting more compensation. 55% said they had received a complaint against their organisation on malicious grounds. 52% would like to see the law on unfair dismissal amended to make it easier for employers to dismiss employees.

The CIPD reported that the volume of tribunal claims has increased and employers believe they have no protection against weak or speculative claims. Those surveyed suggested that recent plans outlined by the Government to increase the minimum period from one year to two before an employee can bring a claim for unfair dismissal will have only limited impact on reducing the number of claims. This is because many claims are linked to discrimination, or some form of protected characteristic, which can be brought from commencement of employment.

Any employer who has been involved in a grievance process, or had an employee bring a claim against them, will know how time consuming and costly this can be. HR isn't a 'nice to have', it's essential and a legal requirement. Your people are your biggest asset. To avoid them becoming your biggest liability make sure you have the best processes in place to encourage mutual respect and improve communication with your workforce.

Equality Act 2010 - Dual discrimination claims delayed

2011-02-18T16:29:00.000Z

Most of the provisions under the Equality Act were introduced in October 2010, however, the ability to bring a dual discrimination claim was one of several measures postponed until a later date. The Government has confirmed that the planned implementation date of April 2011 will not go ahead on schedule.

It is reported that ministers are "still considering how best to take forward the dual discrimination provisions". It is understood that guidance will be published 12 weeks before the provisions come into force.

Dual discrimination will allow individuals who believe they have been treated less favourably because of two "protected characteristics" - such as age, disability, race, gender reassignment, religion or belief, sexual orientation or gender - to bring a combined claim. At present, such claims would have to be heard separately.

Unfair Dismissal - Increase in Compensatory awards

2011-02-01T11:56:00.000Z

With effect from today, 1 February 2011, the maximum compensatory award for unfair dismissal increases from £65,300 to £68,400.

The minimum award for unfair dismissal also increases at the same time from £4,700 to £5,000.

A week's pay, for the purpose of calculating the basic award for unfair dismissal (and redundancy), increases from £380 to £400. These increases are applicable where the event that gave rise to the entitlement to compensation occurred on, or after, 1 February 2011.

For any business the prospect of attending an employment tribunal and being faced with compensatory awards of this amount is daunting. Minimise your risks by making sure your HR processes are in excellent order and staff issues are dealt with before they become a dispute.

Changes to Paternity leave - are you ready?

2011-01-17T16:44:00.000Z

Changes come into effect in April 2011 which will allow parents to split the responsibility for child care. New fathers will be able to take a minimum of 2 weeks and a maximum of 26 weeks additional paternity leave in circumstances where the mother of the child has returned to work before the end of her statutory maternity leave.

The same rights will apply to an employee whose partner, whether of the same or opposite sex, has taken adoption leave and returned to work before it has expired.

Also in April 2011, statutory maternity pay (SMP), statutory adoption pay (SAP) and statutory paternity pay (SPP) will increase from £124.88 to £128.73 per week. The earnings threshold for these benefits will increase from £97.00 to £102.00.

Make sure your policies and procedures reflect current legislation and best practice.

January sale - HR style

2011-01-04T15:19:00.001Z

Happy New Year everyone.

For many of us this is the first working day of 2011. For those of you running your own business, I wish you success, prosperity and good health in the year ahead.

To those of you in the Lancashire/North West area, I am offering the first 5 SMEs to contact me a FREE review of your employment contracts and HR processes. Start the year as you mean to go on, make sure you are fully compliant with employment legislation and you have in place HR procedures that support your business and help you to get the best out of your staff.

Good luck and I look forward to hearing from you.

Seasons greetings to all my readers

2010-12-23T11:10:00.005Z

I confess I don't quite understand why my blog attracts readers from around the globe but you are all very welcome. Today is my last working day before Christmas so I take this opportunity to wish everyone good health and happiness, whatever your race or religion and however you will be spending this Christmas time. For those of you running businesses I wish you prosperity in 2011.

So to all my readers - from Belize to Canada, the UK to Eastern Europe, Asia to Australia -

Happy Christmas

Severe weather continues to cause disruption

2010-12-21T11:38:00.006Z

2010 has brought us snow, ice and freezing temperatures far in excess of anything we have experienced for decades. Will this become the norm in future? Who knows? It's only December and winter has just started so businesses should be considering how they will cope if the severe weather continues.

Putting in place a severe weather strategy, or policy, is sensible as this will avoid any confusion. Are you obliged to pay staff who do not turn up for work because of the weather conditions? Well, no, unless your contracts specify otherwise. But, when staff are making a genuine effort to get into work, you may wish to think about this and be a little more creative. I'm sure most of us have experienced disruption to our travel arrangements in recent days. Can staff work from home? Have you considered flexible working, ie changing start and finish times to avoid peak travel periods? Can alternative modes of transport be used?

Demonstrating flexibility and working with your employees during difficult times is usually rewarded with loyalty and commitment.

Last week, a journey that would normally take me an hour took 8 hours. There is nothing you can do when you are stuck on a motorway without moving for 3.5 hours. I'm sure the Transport Minister must have a difficult job at the moment but I don't have a lot of sympathy with some of his excuses. The Scandinavians laugh at us, and I believe rightly so. In this day and age it is ridiculous that we get caught out by snow fall every time it occurs!

Another excellent event hosted by Taylors

2010-12-10T12:19:00.006Z

Yesterday I attended the 2nd 'HR Exchange' which is hosted by Taylors Solicitors and supported by several local businesses. As with the 1st HR Exchange, back in September, this was an excellent and informative event.

All the speakers were engaging but I particularly enjoyed the presentations by Oliver McCann, an employment law partner at Taylors. Oliver provided advice and guidance on dealing with poor performance (from a legal perspective), along with an update on the latest changes in employment legislation that all HR professionals need to be familiar with.

I pride myself on having been trained by some of the best employment lawyers in the business and having a very good understanding of employment legislation but, as always, there are things to learn and I came away from the HR Exchange with some very good tips and guidance for the future.

........and I won the business card draw! I'm now the proud owner of a special anniversary edition of the book "How to Win Friends and Influence People"!

Thanks to all involved for an excellent morning.

Had your staff Christmas party yet?

2010-12-06T17:02:00.010Z

It's that time of year when HR are traditionally bombarded with questions about the staff Christmas party. Many companies find this a minefield and worry about breaching numerous employment laws around this time. It's true, the staff Christmas party can be fraught with difficulties but my advice is to apply a little common sense.

Christmas is a religious festival (although in these days of commercialism this is sometimes forgotten!). However, the staff Christmas party is seen more as a way to thank your staff for a year of hard work and commitment rather than as a religious celebration. If you make this clear in communications about your party you should not offend non-Christian employees.
Be mindful of staff who do not drink alcohol, either by choice or religion, and select the venue/theme for your party carefully in accordance with your workforce. Make sure non-alcoholic drinks are available.
There is no doubt that alcohol can play a part in unwanted behaviour which could be deemed as harassment or discrimination. Ask someone responsible not to drink alcohol at the party so they can monitor, and deal with, inappropriate behaviour if necessary.
Make sure that different dietary requirements are catered for, whether on the grounds of preference or religion.
Think about the timing of your party - does it discriminate against particular groups, eg Orthodox Jews who have to be home an hour before dusk on a Friday for the start of their Sabbath.
Your chosen venue should have adequate health & safety procedures in place but you should check this yourself ahead of the event.
Make sure physical assistance or adjustments are in place for disabled staff.
Finally, remind your staff that they will be representing the company when at the party and therefore your policies still apply with regard to appropriate behaviour and what will, and won't, be tolerated.

You need to communicate the above to your staff, at the same time as wishing everyone a merry Christmas and an enjoyable event!

Good luck.

Qualifying period for unfair dismissal under review

2010-11-25T17:23:00.003Z

No timetable has been announced, however, the Government is reviewing the qualifying period for unfair dismissal and considering increasing it from one year to two. Apart from automatic exceptions such as whistleblowing and discrimination, the length of service required to bring a claim for unfair dismissal is currently one year.

Employers should not see this as an excuse to treat employees unfairly and should always follow 'best practice' in order to protect themselves and their employees. It is thought that, by increasing the qualifying period, employees may be more likely to try and bring claims for discrimination rather than unfair dismissal. Unlike unfair dismissal claims, discrimination claims are uncapped and are far more costly for employers to defend.

Job creation, Egyptian style

2010-11-22T13:39:00.007Z

The ancient Egyptians, like the Romans, were way ahead of their time. Having just returned from a holiday on the Red Sea coast I was struck by the employment situation in the resort, which got me to thinking about UK Government plans for getting people back into work and off benefits.

Every day our villa was attended by the following:

the pool cleaner
the gardener
the pest controller (rats! - thankfully, perhaps due to his daily visits, we didn't see any)
and the 'ant man' (who got rid of these unwanted visitors)

Every couple of days a supervisor for the above would pop round to ensure his staff had done their daily tasks and we were happy with the service provided. In addition, the villa had a representative who met us on arrival and departure, along with the cleaning staff.

Every roundabout in the resort, of which there are many, has someone supervising the traffic. Over the top!? I thought so until I saw how the Egyptians drive! With nothing but miles of desert surrounding the resort it is perhaps unsurprising that little common sense is displayed where there are roads.

Security personnel were on every street corner. We certainly felt safe during our stay.

Teams of road sweepers brushed the desert sand from the roads - a thankless, never ending, task which keeps them in work and provides an income.

The resort itself provides vast employment, in the hotels, restaurants, dive clubs, boats, shops, supermarkets etc etc. Some of these businesses are foreign owned, however, I saw very few employed staff who were not Egyptian.

At the airport, our passports were inspected by one person and our visa stamp provided by another. Yet a third person inspected what the first two had done before we were allowed out of the Country. Ok, this was now getting frustrating and over the top, but, all-in-all, I think there are still lessons we can learn from the Egyptians.

Dealing with conflicts at work should be a priority for leaders

2010-11-11T10:24:00.005Z

A recent survey commissioned by the Centre for Effective Dispute Resolution (CEDR) revealed that 87% of respondents felt that levels of conflict at work had increased or, at best, stayed the same over the past 12 to 18 months.

60% of those surveyed said a tendency for companies to ignore conflicts and a lack of problem-solving ability add to organisational weakness. 88% of respondents agreed that the cost of conflicts in the workplace is damaging to the UK economy.

Having effective working practices in place, along with clear company values that are championed across the organisation, from senior management to the shop floor, will help companies avoid conflicts.

Those surveyed were twice as likely to cite workload (32%) than money (16%) as the primary trigger for difficult conversations. There are several effective ways to deal with conflicts in the workplace, the key is to address the issue before it escalates into a dispute.

It's the "SAD" season (Seasonal Affective Disorder)

2010-11-08T14:54:00.008Z

You may have read that Kellogg's has introduced an initiative to increase its employees' access to daylight by encouraging them to come in an hour late or leave an hour early.

A study by Kellogg's revealed that two in five employees see less than half an hour of daylight during the winter working day and one in 10 sees no daylight at all. Kellogg's discovered this leads to slumps in productivity and motivation so they are encouraging their staff to take advantage of their flexible working policies to help rectify this.

This is a smart move by Kellogg's. This simple action shows them as a caring employer who invests in their staff whilst benefiting the company by increasing motivation and productivity.

Well done Kellogg's!

Christmas is coming

2010-10-27T15:03:00.010+01:00

Ok, I know Halloween and Bonfire Night are still to come but Christmas will be here before you know it. Now is the time to give it some serious thought.

If your company is having a Christmas party it will, no doubt, already be booked. However, with increasing pressure on all of us to save money the staff Christmas party is often one of the first things to go. I strongly believe in reward management and investing in staff morale does not have to be costly. Christmas is an ideal time to generate some good will. Small gestures count for a lot and will help set the tone for the year ahead.

Britain has an increasingly diverse workforce and all companies should be mindful of the celebrations that are important to their employees. Staff who feel valued by their employer are more motivated, which can lead to improved performance and a real benefit to the ongoing success of your business. So, go on, treat your staff this Christmas.

Should this be allowed?

2010-10-25T16:43:00.010+01:00

I know I'm not the only person who read articles in the weekend papers about Wayne Rooney with some disgust.

The Country is trying to recover from recession, the Government has announced major spending cuts which will impact on the majority of us, thousands of people in the public sector received letters last week putting them on notice of potential redundancies, however, Wayne Rooney will receive a weekly salary reported to be in the region of £200,000! Not bad for a man credited only with the ability to kick a football.

It would take someone on an average salary almost a decade to earn the amount Rooney will paid each week - so, should this be allowed?

Employment Law Myth of the Day

2010-10-18T17:33:00.004+01:00

Myth - an employee does not begin to accrue service for the purpose of statutory rights until satisfactory completion of their probationary period.

Fact - Probationary periods have no meaning in law, so the existence of a probationary period will not affect an employee's length of service or statutory employment rights. Statutory rights, including the right not to be unfairly dismissed, that are dependent on a minimum period of service will be based on an employee's original start date, not from the date on which their probationary period ended.

Una Victoria para Chile (A Victory for Chile)

2010-10-14T11:22:00.006+01:00

Today's blog isn't about HR but it is about people. As I left a breakfast meeting yesterday I heard that three of the miners at the San Jose mine in Chile had been successfully rescued, after what I can only begin to imagine must have been a hellish 69 days trapped under ground. When I went to bed last night 22 of the 33 miners had been brought to the surface. This morning, they are all out and have been reunited with loved ones.

Like so many people, I have been touched by these events which unfolded on the other side of the world. I can only begin to speculate on what these men have experienced. I wonder how the oldest and the youngest miners, Mario Gomez, 64, and Jimmy Sanchez, 19, coped with the psychological effects of their ordeal. And the families, who kept vigil in a make-shift village around the mine.

This is a victory for Chile. Original estimates indicated that it may be Christmas before the miners were rescued. It is a testament to Chile that they are free now, in October.

My Spanish is only basic so I had to rely on an Argentine friend for the following:

Que Dios los bendiga y los proteja mineros Chilenos
to the Chilean miners, god bless you and keep you safe from now.

Scary Figures

2010-10-13T16:06:00.006+01:00

In July I told you that the number of claims accepted by the Employment Tribunal had reached a record high, being 236,100 cases in the year 2009-10 (an increase of 56% on the previous year). What I didn't tell you were the maximum awards. These are scary figures!

The highest award for unfair dismissal was £234,549.

For discrimination claims the highest awards were as follows:

Age - £48,710
Disability - £729,347
Race - £374,922
Sex - £422,366

However successful your business is, these are costs you do not want to be faced with. Good HR practices are the foundation of the employment relationship. Having in place contracts of employment and clearly defined policies are fundamental.

As with most situations, prevention is better than cure (and in the case of employment disputes, far cheaper!). Take advice before an issue becomes a dispute. Communication is key.

And in case you didn't notice!

2010-10-04T17:28:00.003+01:00

Another piece of legislation became effective on Friday 1 October, relating to the National Minimum Wage. Are you compliant?

For details about the new rates click here.

The end of the office joke!

2010-10-04T17:14:00.006+01:00

So, the Equality Act 2010 came into force last Friday, 1 October. Does this spell the end of the office joke, as reported by the Daily Mail on Saturday? Well, actually, the office joke has long been fraught with danger and all the Equality Act has really done is highlighted this fact.

Is it political correctness gone mad that you have to watch what you say at work? Possibly.
Is it fair that everyone should expect to be treated with dignity in the work place? Absolutely.
Is it likely that the number of cases taken to tribunal will increase as a result of publicising the Equality Act? No doubt.

Whatever your thoughts are on the Equality Act 2010 it is now law so ignore it at your peril.

For more information on issues covered by the Equality Act 2010 see my website or pick up the phone.

From techno-phobe to blogger in a few short steps!

2010-09-29T16:43:00.005+01:00

Thanks to Neil Priddey, a director at CFH Creative Communications, I have lost all my fears about technology and social media, indeed I now actively embrace them. I sought assistance from CFH when I set up my business earlier this year. I had vague ideas about how I wanted my website to look but Neil and his team brought everything to life and I am delighted with the end result. With very little input from me regarding the design they interpreted exactly what I was trying to achieve.

However, Neil wasn't happy to leave it at that and set about ensuring I embraced social media. The end result being this blog! I'm told by many business advisers that the idea of a blog is to be a little controversial, unfortunately, that goes against everything I stand for as an HR professional - tactful, diplomatic, non-confrontational. However, as I have yet to spark a debate on my blog maybe this is something else I should embrace!?

Stop! Think carefully before you sign that contract

2010-09-27T11:14:00.005+01:00

I regularly talk to companies who are unhappy with their HR service provider, particularly those who are tied in to long contracts. Regular comments are:

"For what we pay I think we should get more of a personal service".
"It's very impersonal, done by email and telephone, and very rigid. There seems to be no flexibility at all".
"It's like talking to a call centre - you never know who you will speak to".
"We're not at all happy with the service or advice we've been given but the contract has another 2 years to run".

If your HR provider is confident of the service they offer they should be confident of getting your repeat business so why would they need to tie you in to a contract, sometimes of up to 5 years?

KMC HR Consulting is built on personal service. Yes, we can do things remotely if you wish, however, we prefer to get to know you and your staff so we understand your challenges and business pressures. This means we can advise you in a way that works for you. We will provide an HR service that is tailor made for your company, and we won't tie you in to long contracts that you cannot get out of.

So if you are reaching the end of your tether, oops, I mean your contract, why not contact us and see what a difference we can make.

HR Myths

2010-09-21T11:38:00.005+01:00

I recently attended an HR event run by Taylors Solicitors, who incidentally have an excellent website. During the event the following questions were put to us:

1. A worker can be represented by a trade union official at a disciplinary hearing only if the employer recognizes the relevant trade union.

True or false?

2. An employer can reject a candidate for a maternity leave cover role on the basis that she is pregnant and would not be able to work the full cover period.

True or false?

Would you know the correct answers? Thankfully there are people like me who do and who can guide you through complex HR procedures, freeing up your time to do the important things like running your business.

Oh, and in case you are interested, the answer to both questions is false.

Following the right process is essential

2010-09-09T13:58:00.003+01:00

What you need to be aware of if an employee claims unfair dismissal and takes you to tribunal as a result of a misconduct case. As the employer you must be able to show not only that the misconduct in question was sufficient to justify the penalty of dismissal, but also that you carried out a reasonable investigation. Following a proper process is therefore essential in helping you to defend your position.

Make sure your policies and procedures are up-to-date and robust enough to help defend your position in the event of relationships breaking down.

To strike or not to strike

2010-09-07T16:09:00.006+01:00

British Airways cabin crew, the BBC, fire fighters and now London underground staff (to name but a few) - it seems that threatening and carrying out strike action is back in fashion. In the current economic climate it is natural that people are concerned about job security and financial stability for themselves and their families but is going on strike the best way to negotiate or draw attention to concerns regarding your employment? Personally, I think not.

As an HR professional I believe there is much that can be done to harmonise the working environment and communication is key. Sadly, in some situations redundancies will be unavoidable. In this case, it is essential that the process is handled fairly and sensitively. HR professionals can do much to support people if they are facing this very difficult prospect and uncertainty about their future. We can also help with CV compilation and preparing you for interviews.

There will be many who support strike action, and we are all entitled to our opinion. However, perhaps the turnout for the last round of BA consultations is an indication that ongoing support for strike action is not seen as the best way forward.

The Equality Act 2010

2010-09-06T10:39:00.008+01:00

The Government published the Equality Act 2010 (Disability) Regulations 2010 on 31 August. The Act comes into force on 1 October 2010 and replaces all existing discrimination laws, including the Disability Discrimination Act 1995. Under the new legislation employers and service providers are not allowed to discriminate on the grounds of an individuals' physical or mental disabilities.

However, certain conditions have been specifically excluded from constituting a disability, such as: additions to alcohol, nicotine, or any other substance; some mental health conditions such as a compulsion towards exhibitionism or voyeurism; and hay fever, unless it aggravates the effect of another condition.

Those who have been certified blind, sight-impaired or partially sighted by a consultant ophthalmologist will be deemed to have a disability under the regulations.

So what will be the impact for employers? The Equality Act covers many topics, however, perhaps the most significant impact will be in the area of discrimination. Are you and your line managers ready to implement and comply with the changes?

For example, do you know you could potentially be held liable if your staff are harassed by people you don't employ, such as external suppliers or customers?
Do you know that you cannot ask questions relating to health during the recruitment process or send out pre-employment medical questionnaires.
Do you know that the definition of direct discrimination - less favourable treatment "because of" the protected characteristic of disability - is wide enough to cover discrimination by association? So, for example, if a candidate was refused a job because he or she had a disabled child, this would be direct discrimination.

Make sure you are ready for the new legislation. We can help. Call now or visit our website for further information.

You can't judge a book by its cover!

2010-09-01T10:30:00.009+01:00

I believe the same is true of people. A recent article in The Independent reports that one in four lap dancers has a degree. The survey undertaken for the report indicates that women are making an informed choice and choosing lap dancing because of the potential earnings, rather than being coerced into it.

HR is all about people and I'm pleased to say that, even with my many years of experience in the profession, people still have the ability to surprise me.

Mental health and the workplace

2010-08-25T13:31:00.012+01:00

This is far from being a new debate but it is one I feel strongly about. Mental health issues still attract scepticism and stigma - is this because mental illness cannot be seen in the same way that a physical disability can? Does that make it any less disruptive for the sufferer? I think not. Having worked with a number of people who have both mental and physical illnesses I would urge employers to take mental health seriously.

Statistics show that around a quarter of UK employees will suffer from mental illness, including stress, at some point in their working lives, costing around 91 million working days every year. Approximately 80% of employers say they have no formal policy for dealing with this and around 45% believe none of their staff suffer from mental illness. This suggests an alarming gap between reality and the perception of UK business.

The criteria for assessing whether an illness amounts to a disability under the Disability Discrimination Act 1995 (DDA) is now the same for mental illness as for physical illnesses. The test is whether someone "has a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities".

I am proud to know people who have battled with both mental and physical disabilities and gone on to have successful careers and be highly valued by their employers. It's time for change. I would like to see companies becoming more enlightened when dealing with such issues.

Need help assisting an employee back to work following long-term absence?

Employment Law Myth of the Day!

2010-08-18T17:50:00.007+01:00

Myth - the expression "summary dismissal" for gross misconduct can be taken literally.

Fact - dismissing an employee without notice on the grounds of gross misconduct will ordinarily be deemed to be unfair if the employer did not first inform the employee of the allegations against them, thoroughly investigate them, give the employee an opportunity to discuss or refute them and allow the employee the right to appeal.

Employers should, therefore, always follow their disciplinary procedure before summarily dismissing an employee for gross misconduct.

Need help devising your disciplinary and grievance procedures?

Are your workers legal?

2010-08-10T15:27:00.006+01:00

Since working with new companies and smaller businesses I often find they are unwittingly putting themselves at risk by not implementing proper procedures to check if their employees are entitled to work in the UK. Whilst the more severe penalties, including unlimited fines and prison sentences, are for employers that knowingly employ illegal migrants, even those who unknowingly employ such people due to poor recruitment or employment practices can face penalties of up to £10,000 for each illegal worker.

The UK Border Agency publishes guides to assist companies when employing refugees and asylum seekers. Donna Covey, chief executive of the Refugee Council has said "We and our partners have been recommending the UKBA publish new and up-to-date guidance for employers for some time, so we are delighted they have now done so. We would urge employers to take heed of the new booklet, to ensure they not only recognise refugees' right to work in the UK, but so they can also capitalise on the amazing skills and talents refugees can bring to the British workplace."

Putting in place effective employment practices to ensure that you do not expose your company to unnecessary risk is essential. For more information and contact details follow the link. After all, if Attorney General Baroness Scotland can get it wrong chances are someone of far less experience could too!

On a more serious note ...

2010-08-04T13:40:00.013+01:00

The proposed abolition of the default retirement age (DRA) will have a huge impact on companies and how they operate. The proposals will be welcomed by many and are a logical step following Government announced changes to the age at which you will be able to draw your state pension. It is also illogical that you can dismiss an employee simply on the grounds of their age and current legislation goes against the principle that employers should not discriminate on the grounds of age.

Although the legislation will not come into full effect until 1 October 2011, transitional arrangements will be in place from 6 April 2011. This does not give companies much time to address the changes they need to make to their policies and procedures. All businesses, and particularly those without on site HR support, need to start planning for the new legislation soon. Consideration also needs to be given to the impact on any benefits, for example, private medical and permanent health insurance.

It will be important to get good advice on how to incorporate the new legislation into employment procedures and I can help in this regard. Simply visit my website for more information about my services and for contact details.

So how would I like to spend my retirement?

2010-08-02T10:53:00.013+01:00

This is a question I pondered whilst relaxing in a friend's hot tub in Glasgow last weekend. Now if your image of a hot tub was like mine - a tub full of hot water and some bubbles - let me tell you this is not the case! As I sank into the hot foamy water and the massage jets got to work on my back, shoulders, feet and neck I realised this was an experience I had not expected. As if the sumptuous food served that day by my friend and the delicious Chateauneuf du Pape I was now sipping were not enough, this took the weekend break to a whole new level!

So as I contemplated the Governments proposals to abolish the default retirement age (DRA) from October 2011 I realised there could be far worse ways to spend your retirement than relaxing with a good glass of red wine, a loved one or close friend/s in a hot tub - and once I cannot be forced to retire at 65 I'll have a longer working life to save up for the indulgence!

Click here for more information about the DRA and reaction to the proposals.

Employment Law Myth of the Day!

2010-07-27T14:45:00.002+01:00

Myth - No employment contract exists if there is nothing in writing.

Fact - even verbal agreements are binding, however, verbal arrangements are obviously subject to dispute. For the protection of both employer and employee it is essential to put agreed terms in writing.

KMC HR can help you devise Contracts of Employment for your staff.

Staff confidence is key to recovery

2010-07-22T13:13:00.004+01:00

Maintaining staff moral during a recession can be a major way of maintaining a company's profitability. This is the message I gave to Lancashire Business View and they published the following article in their July/August edition.

Karen Credie of KMC HR Consulting said "Research shows that staff who feel valued by their employer are happier, more motivated and dedicated to ensuring the success of the business. With ongoing economic uncertainty, some companies are reluctant to invest in employee initiatives but this could have a detrimental impact in the longer term. Employees have long memories and if they feel badly treated by a company they will vote with their feet as soon as the opportunity arises. It is a fact that companies are watching their expenditure due to the economy and this has resulted in pay freezes, reduced head-count and in many cases the remaining staff having to take on extra work for no reward. This has to be a short term strategy if you are going to maintain morale amongst your workforce and keep your star performers."

For more information visit Lancashire Business View

Interested in HR, personnel and employment law issues?

2010-07-20T15:39:00.000+01:00

Anyone interest in HR, personnel and employment law issues might want to view Pannone LLP solicitors' well established employment law blog. It contains regular blogs on topical HR and personnel issues and blogs answering tricky employment law questions, written by Pannone's employment solicitors, including various posts by Helena Wheeler, Employment Lawyer: http://blog.pannone.com/employment/

Employment Tribunal claims increase by 56% to the highest level ever recorded

2010-07-19T11:43:00.000+01:00

Figures published by the Tribunal service show that the number of claims accepted by employment tribunals in 2009-10 increased to 236,100 (up from 151,000 the previous year).

The recession will no doubt have played a significant part in the increase - the number of claims relating to redundancy pay shot up by 76% to 19,000 in 2008-09. Unfair dismissal claims also increased by 9% to 57,400. Increases were also seen in age discrimination claims, up by 37% and working time directive claims increased dramatically by 297% to 95,200 in 2009-10.

The sharp rise in claims has resulted in a significant backlog of cases waiting to be heard. Only 65% of cases had their first hearing within 26 weeks of the claim being received.

Is your business well placed to deal with employment issues and disputes? HR best practice is even more important when times are tough. Ending up in an Employment Tribubal could significantly damage even the most successful business. For help and advice visit http://www.kmchr.com/mentoring.aspx

Company Directors beware - the health & safety of your staff is your responsibility!

2010-07-19T11:30:00.000+01:00

A custodial sentence was passed down to the employer of a labourer who fell to his death from the roof of a Comet store in Wrexham in 2007. Paul Alker fell through a skylight. He and his colleague had access to the store's roof by purpose built scaffolding, however, they were not issued with safety harnesses. Their employer was convicted of manslaughter by gross negligence and jailed for two years.

Comet, which did not provide the contractor with their own health and safety policies, admitted failing to ensure Paul Alker's safety. Comet were fined £75,000 + £25,000 costs.

Following the tragic accident, the Company introduced a "robust contract management system".

The health and safety of all your staff is your responsibility. http://www.kmchr.com/health-and-safety.aspx

Emergency Budget - the impact on public sector pay

2010-06-23T22:34:00.000+01:00

George Osborne announced in his emergency budget yesterday (22nd June 2010) that a public sector pay freeze, originally due to start in April 2011 will now be extended to 2012. The freeze will affect all public sector staff earning more than £21,000 per annum. Those earning less than this will receive an extra £250 per year during the freeze.

Want to read the full budget? Click here: Emergency Budget 2010

World Cup fever - could be worse than swine flu!

2010-06-08T17:18:00.000+01:00

If England should actually reach the World Cup final, chances are business could grind to a halt!

The World Cup starts on 11 June and many employers are anticipating increased absenteeism and numerous requests for time off so staff can follow the tournament. There is no legal requirement for employers to give their employees time off to watch the World Cup, however, many businesses are adopting a flexible approach during this time. Some companies will screen matches in the workplace. For those adopting a 'business as usual' approach, company policy regarding requests for time off will be followed.

HR Expert gives World Cup advice

Has Africa got World Cup fever too? www.bbc.co.uk

Introducing a flexible approach during the World Cup, allowing staff to alter their start or finish time and to make up time off, will no doubt improve morale. However, the UK has a diverse and multicultural workforce so consistency is the key to avoiding potential claims for discrimination if adopting flexible working. Companies should give the same consideration to requests for flexible working on days when non-England matches are scheduled. Employers should also be aware of setting a precedent for major sporting events, with Wimbledon fast approaching.

No more sick notes...now it's a 'fit note'

2010-04-06T16:58:00.000+01:00

From 6 April 2010 the former medical certificate, or ‘sick note’ changed and became the Statement of Fitness to Work, or ‘fit note’. The new fit note will ask GPs to confirm whether an individual is ‘unfit for work’ or ‘may be fit for work taking account of the following advice’. GPs will then be required to list whether the employee would benefit from a phased return to work, altered working hours, amended duties or workplace adjustments. However, the note does not require GPs to go into detail about which activities an employee can carry out at work.

Read the full details here: Sick Note Becomes Fit Note

My website goes live!

2010-03-31T18:43:00.000+01:00

So excited - with a little help from a new client, my website is now up and running. Check it out at www.kmchr.com. That's what I like to see, local businesses supporting each other.

Brand new HR Consultancy launching in Lancashire!

2010-02-10T17:25:00.000Z

I've finally done it! After 18 years working for a global law firm in Manchester I have now set up my own business as an independent HR Consultant working in Lancashire and serving the North West business community. Really excited and can't wait to get started!